In implementing the policy, the rights of free speech and association shall be accommodated in a manner consistent with applicable Federal and State law and in a manner consistent with the intent of the policy.
DISSEMINATION OF POLICY AND TRAINING
All employees, supervisors, and managers shall receive a copy of this Administrative Procedure Order and City Council Policy 25.2 and shall also attend sexual harassment and cultural diversity training according to the following schedule:
1) All New Employees – Harassment/Discrimination/Retaliation Prevention Training, and Cultural Diversity Training, within the first year of hire. 2) Supervisors – Cultural Diversity Training within the first year of hire, Harassment/Discrimination/Retaliation Prevention Training within six months of gaining supervisory responsibilities, and refresher training no less frequently than every two years.
Posters explaining local, State, and Federal non-discrimination laws will be prominently displayed in the Human Resources Department.
REASONABLE ACCOMMODATION FOR DISABILITY (in accordance with Title II of the Americans with Disabilities Act of 1990, and as amended by the ADA Amendments Act of 2008) Disability is defined as: a) a physical or mental impairment that substantially limits one or more major life activities, b) having a documented record of such an impairment, or c) being regarded as having such an impairment.
Accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. It means modifications or adjustments to: a) a job application process to enable an individual with a disability to be considered for the position, b) the work environment in which a position is performed so that a person with a disability can perform the essential functions of the position, and c) enable individuals with disabilities to enjoy equal benefits and privileges of employment as employees without disabilities enjoy.
I. Inclusions
Accommodation includes making existing facilities and equipment used by employees readily accessible to and usable by individuals with disabilities. Accommodation applies to:
a) all employment decisions and to the job application process, b) all services and programs provided in connection with employment, c) non-work facilities provided in connection with employment, and d) known disabilities only.
II. Exclusions
Accommodation is not required if: a) it eliminates essential functions of a position from the person’s job, or b) adjustments or modifications requested are primarily for the benefit of the person with a disability. The law does not require an accommodation that imposes an “undue
19.40 Administrative Procedure Order II-1A
Section II, #1A (Revised April 2017)
hardship” on the operation of the City. Undue hardship means significant difficulty or expense incurred in the provision of accommodation relative to the operation of the City’s program and includes, but is not limited to, financial difficulty. Undue hardship refers to any accommodation that would be unduly costly, extensive, substantial, disruptive, or that would fundamentally alter the nature or operation of the City. Whether a particular accommodation will impose an undue hardship is determined on a case-by-case basis. The following factors will be considered in determining whether an accommodation would create undue hardship:
a) the nature and cost of the accommodation, b) the financial resources of the City, c) the number of employees, and d) the type of operations of the City, including the composition and functions of its workforce.
III. Determining the Appropriate Accommodation
Where a particular accommodation would result in an undue hardship, the City must determine if another accommodation is available that would not result in an undue hardship.
If a qualified individual with a disability requests the provision of a reasonable accommodation, the City shall engage in an informal, interactive process with the person with a disability which identifies the precise limitations resulting from the disability and potential accommodations that could overcome those limitations. The accommodation process shall generally involve five (5) steps.
First, the City shall analyze the particular job at issue and determine its purpose and essential functions.
Second, the City shall consult with the individual with a disability to ascertain the precise job-related limitations imposed by the individual’s disability. Third, the City shall consult with the individual with a disability and, if desired by the agency, the appropriate rehabilitation or ergonomics consultant to identify potential accommodations and the necessary modifications.
Fourth, the City shall assess the effectiveness of each potential accommodation with regard to enabling the individual to perform the essential functions of the position. Finally, the City shall consider the preference of the individual to be accommodated and select and implement the accommodation that is most appropriate for both the employee and the agency.
DISCRIMINATION, HARASSMENT, AND RETALIATION COMPLAINT PROCEDURE This complaint procedure is available to City of Santa Cruz employees and individuals who believe that they have been subjected to discrimination, harassment, and/or retaliation in relation to employment with the City of Santa Cruz.
Complainants, and employees alleged to have engaged in discrimination, harassment, or retaliation, may choose to be represented at any or all steps in the complaint process.
I. Filing a Complaint
Complaints may be submitted to an employee’s immediate supervisor, any supervisor or manager within or outside the department, the department head, or Human Resources Department within one (1) year of the date the alleged action occurred. Any City of Santa
19.41 Administrative Procedure Order II-1A
Section II, #1A (Revised April 2017)
Cruz supervisor, manager, or department head who receives a discrimination or harassment complaint shall notify the Human Resources Department immediately upon receipt of the complaint. Complaints may be presented orally or in writing.
Written complaints should include the following information:
The name, address, and telephone number of the complainant. The basis for the alleged discrimination or harassment (protected category and/or retaliation).
The specific discriminatory practice(s) or incident(s) that have occurred. The names of any persons thought to be responsible for the discrimination/harassment.
The remedy the complainant is seeking as a result of the complaint. The name, address, and telephone number of the complainant’s representative, if any.
If complainants wish to file the complaint in person and receive assistance, they may contact the Human Resources Department to schedule an appointment with a staff investigator.
II. Investigation and Resolution
After reviewing the complaint, the Human Resources Director shall determine if an investigation is necessary to resolve the issues of the complaint and, if so, authorize and supervise the investigation of the complaint by a qualified person. The complainant will be contacted by the investigator upon the investigator’s receipt of the complaint and will be kept apprised of the status of the investigation. The investigation will be documented and tracked for reasonable progress and appropriate due process. Every effort will be made to conclude the investigation within one hundred and twenty (120) calendar days of receipt of the complaint.
The Human Resources Director will not proceed with the investigation of a complaint if the complaint contains no assertion that the alleged acts occurred based on one or more of the protected categories or if a nexus cannot be established between the alleged act(s) and discrimination based on any of the protected categories.
When the investigation is completed, the Human Resources Director will determine if there is sufficient evidence to substantiate a violation of the City’s Discrimination, Harassment, and Retaliation Policy and if remedial action is necessary to resolve the issues of the complaint. The complainant, alleged perpetrator/harasser, and department head(s) will be notified of the Human Resources Director’s determination. If discipline is imposed, the discipline will not be communicated to the complainant.
If it would present a conflict (or the appearance of such) for the review and investigation of a complaint to be conducted by the Human Resources Department, the City Manager will be responsible for this process.
19.42 Administrative Procedure Order II-1A
Section II, #1A (Revised April 2017)
III. City Manager Review
Complainants who are not satisfied with the Human Resources Director’s determination may request a review by the City Manager (or his/her representative), in writing, within ten (10) workdays following receipt of the Human Resources Director’s determination. The City Manager (or his/her representative) shall review the complainant’s written appeal and the investigative findings and shall render a written decision within thirty (30) workdays following the review.
IV. Additional Remedies
Current City employees covered by a memorandum of understanding that includes arbitration as the final step in the grievance process may request that the matter be taken to arbitration in accordance with the specific procedures contained in the applicable memorandum of understanding.
In addition, all complainants may file complaints of discrimination, harassment, or retaliation with the State of California Department of Fair Employment and Housing and the Federal Equal Employment Opportunity Commission, whether or not complainants choose to use the City of Santa Cruz’ complaint procedure. Time limits for filing complaints with State and Federal compliance agencies vary, and those agencies should be contacted directly for specific information. The addresses and telephone numbers (as of the revision date of this procedure) are:
California Department of Fair Employment and Housing
Bay Area Regional Office
39141 Civic Center Drive, Suite 250
Fremont, CA 94538
Phone: (800) 884-1684
For Persons with a Hearing Impairment: (800) 884-1684 or TTY at (800) 700-2320 E-mail: [email protected]
United States Equal Employment Opportunity Commission
San Jose Local Office
96 North Third Street, Suite 250
San Jose, CA 95112
Phone: (800) 669-4000
Fax: (408) 291-4539
TTY: (800) 669-6820
ASL Video Phone: (844) 234-5122
19.43 City of Santa Cruz II-1B
Administrative Procedure Order
Section II, #1B (Effective April 2017)
TO: Department Heads
SUBJECT: RESPECTFUL WORKPLACE CONDUCT
PURPOSE
The City of Santa Cruz is committed to maintaining and promoting a respectful work environment. Council Policy 25.2 (Discrimination and Harassment Policy), Administrative Procedure Order II-1A (Discrimination/Harassment Policy Implementation and Complaint Procedure), and this Administrative Procedure Order establish behavioral and workplace standards to support a culture of collaboration, inclusion, and productivity.
POLICY
It is the intent of the City of Santa Cruz that all employees, volunteers, Councilmembers, Commissioners, customers, contractors, and visitors to the City’s worksites or places where City work is conducted enjoy a positive, respectful, and productive work environment free from behavior, actions, or language constituting a violation of this Respectful Workplace Conduct Policy. Such conduct may include, but is not limited to, the following as perceived by a reasonable person: repeated infliction of verbal, written, or social media abuse such as the use of derogatory remarks, epithets, or insults; physical conduct that is threatening, intimidating, bullying, or humiliating; or the sabotage or undermining of a person’s work performance.
Incorporated by reference in this policy is the amendment to §12950.1 of the California Government Code created by Assembly Bill 2053 (effective January 1, 2015) adding to the supervisory training requirement the subject matter “prevention of abusive conduct.” Employees found to have participated in actions constituting a violation of this policy shall be subject to disciplinary action up to and including termination. Volunteers found to have participated in actions constituting a violation of this policy may be subject to termination of their volunteer relationship with the City. If a complaint involves the conduct of a contractor, Human Resources will inform the contractor of the behavior and request prompt, appropriate action. The City reserves the right to prohibit a contractor’s individual employee(s) from entering City-owned property/premises. Councilmembers, Commissioners, customers, and visitors who engage in conduct in violation of this policy are subject to action on the part of the City intended to stop the conduct and protect others. Executives, managers, and supervisors who know or should know of conduct in violation of this policy and who fail to report such behavior or fail to take prompt, appropriate action when such conduct is observed or reported may be subject to disciplinary action up to and including termination. In implementing the policy, the rights of free speech and association shall be accommodated in a manner consistent with applicable Federal and State law and in a manner consistent with the intent of the policy.
19.44 Administrative Procedure Order II-1B
Section II, #1B (Effective April 2017)
All employees shall receive a copy of this policy when they receive Council Policy 25.2 (Discrimination and Harassment Policy) and Administrative Procedure Order II-1A (Discrimination/Harassment Policy Implementation and Complaint Procedure).
I. Definition
Disrespectful Conduct: Any one or all of the following as perceived by a reasonable person:
1) Use of language that is intended to be, or perceived by a reasonable person to be, demeaning, berating, humiliating, threatening, bullying, offensive, insulting, slanderous, or malicious rumor-spreading;
2) Conduct that a reasonable person would find disruptive, abusive, threatening, intimidating, aggressive, or insubordinate; and/or
3) Acts to undermine or interfere with an employee’s work performance.
A single act shall not constitute disrespectful conduct unless especially severe and egregious.
II. Responsibilities
a. Employees, Volunteers, Councilmembers, Commissioners, Customers, Contractors, and Visitors: All persons are required to behave respectfully and to refrain from disrespectful behaviors, and are expected to:
Recognize when they or others are being subjected to disrespectful conduct and not condone or ignore it;
Bring the situation to the attention of a supervisor or the next person in the chain of command, department director, or Human Resources Department, or where physical safety is concerned, contact emergency services (9-1-1); Understand that someone’s intent does not excuse otherwise disrespectful conduct and/or relieve them from being held accountable for their actions; and Address, if possible, inappropriate behavior directly with the person engaging in such conduct in a professional and nonconfrontational manner. b. Executives, Managers, and Supervisors: Executives, managers, and supervisors are responsible for demonstrating respectful personal behavior towards all coworkers and visitors, as well as to set an example of respectful behavior as a model for City employees, volunteers, and visitors. In addition to this responsibility and the expectations listed above, executives, managers, and supervisors are expected to:
Maintain a level of awareness with their staff sufficient to know if disrespectful behavior is occurring; and
Maintain a level of open communication with their staff that encourages them to report instances of disrespectful behavior that have occurred;
19.45 Administrative Procedure Order II-1B
Section II, #1B (Effective April 2017)
Encourage the reporting of instances of disrespectful behavior by making this policy known to all employees;
Promptly address all observed disrespectful behavior; Take reports and complaints of disrespectful behavior seriously and, if deemed appropriate following consultation with their immediate supervisor, attempt to independently confirm whether or not the reported behavior occurred or is occurring, without divulging the identity of the reporting party; and Promptly report complaints to a supervisor, the department director, and Human Resources Department.
III. Retaliation
The City maintains a strict stance of no tolerance for retaliation against anyone for bringing a complaint or participating in an investigation. Under no circumstances will anyone be disciplined, demoted, or otherwise retaliated against for reporting, disclosing, or bringing a Respectful Workplace Conduct complaint to the attention of the City. Employees found to have participated in retaliatory action in contravention of this policy shall, therefore, be subject to disciplinary action up to and including termination. a. Anyone who believes they have been retaliated against because they filed a complaint, participated in an investigation, or reported observing a violation of the Respectful Workplace Conduct Policy should report this behavior to their supervisor, department director, or Human Resources Department.
b. Complaints of retaliation will be investigated promptly.
PROCEDURE
I. Filing a Respectful Workplace Conduct Complaint
Any person who observes or perceives they have been subjected to conduct by another person believed to be a violation of this policy may initiate the complaint process by notifying their immediate supervisor, department director, or Human Resources Department. a. Complaints may be submitted to an employee’s immediate supervisor, any supervisor or manager within or outside the department, the department director, or Human Resources Department within thirty (30) days of the date the alleged action occurred.
Any City of Santa Cruz supervisor, manager, or department director who receives a complaint shall notify an appropriate supervisor/manager/director and Human Resources upon receipt of the complaint.
b. If a complainant wishes to file the complaint in person and receive assistance, they may contact the Human Resources Department to schedule an appointment. c. Written complaints should include the following information (it is recommended but not required to use the “Respectful Workplace Conduct Complaint Form”);
19.46 Administrative Procedure Order II-1B
Section II, #1B (Effective April 2017)
The name, address, and telephone number of the complainant. The specific disrespectful practice(s) or incident(s) that have occurred, including retaliation.
The names of any persons thought to be responsible for the disrespectful behavior.
The remedy the complainant is seeking as a result of the complaint. The name, address, and telephone number of the complainant’s representative, if any.
II. Investigation
After reviewing the information contained in the complaint, the staff member who received the complaint within the department of the complainant will, in consultation with his or her immediate supervisor, determine if the complaint can be resolved within the department or if there is sufficient complexity to warrant a formal investigation. If so determined, the department director will be consulted and the Human Resources Department will coordinate and conduct (or delegate responsibility for coordinating and conducting) an investigation.
The investigation will proceed within the following guidelines:
a. Steps will be taken to ensure employees are protected from further violations. b. Complaints will be dealt with in a discreet and confidential manner, to the extent possible.
c. All parties are expected to cooperate with the investigation and are required to keep information regarding the investigation confidential. Failure to cooperate or maintain confidentiality could result in disciplinary action up to and including termination. d. Employees who are the subject of an investigation into actions constituting a possible violation of this policy may request to have representation. The right to representation may be required for members of the Police and Fire bargaining units. e. The complainant, the employee subject to the investigation, and all witnesses will be informed that retaliating against a person for making a complaint and/or participating in an investigation will not be tolerated and could result in disciplinary action up to and including termination.
III. Resolution of the Complaint
If a complaint is substantiated, the employee subject to the investigation will be notified of the appropriate disciplinary action that will be taken. a. The complainant will be notified if any part of a complaint is substantiated and if action has been taken. The complainant will not be told the details of the action, including discipline.
19.47 Administrative Procedure Order II-1B
Section II, #1B (Effective April 2017)
b. Both the complainant and the employee subject to the investigation will be notified if a complaint is not substantiated.
IV. Withdrawal of Complaint
The complaint or any part of the complaint may be withdrawn at any time by the complainant; however, the request for such withdrawal must be in writing and state the reasons for the request. The Human Resources Department will review the request for withdrawal in order to determine whether or not it was the result of restraint, interference, coercion, discrimination, retaliation, or reprisal. An investigation may still proceed if a complaint is withdrawn.
V. Records
All records of complaints and investigations, whether substantiated, unsubstantiated, or withdrawn, will be maintained in confidence by the Human Resources Department.
Only documentation of disciplinary action imposed as a result of a sustained complaint is maintained in the employee’s personnel file.
DEFINITIONS OF TERMINOLOGY
Abusive Conduct: Conduct of an employer or employee in the workplace or on social media, undertaken with malice that a reasonable person would find hostile or offensive and unrelated to an employer’s legitimate business interests. Abusive conduct may include repeated infliction of written or verbal abuse, including the use of social media, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the sabotage or undermining of a person’s work performance. A single act shall not constitute abusive conduct, unless especially severe and egregious.
Aggressive: Demonstrating unduly forceful behavior.
Bullying: Conduct, either direct or indirect, that harms one or more individuals, not limited to behaviors that cause physical harm. Bullying may be verbal (including oral and written language as well as the use of social media) or nonverbal, may involve a real or perceived imbalance of power, and often includes behaviors described above as Abusive Conduct.
Derogatory: Behavior that is disparaging or belittling in attitude that aims to detract or diminish.
Disrespectful Conduct:
1) Use of language that is intended to be, or would be perceived by a reasonable person to be, demeaning, berating, humiliating, threatening, rude, bullying, offensive, insulting, slanderous, or malicious rumor-spreading;
2) Conduct that a reasonable person would find disruptive, abusive, threatening, intimidating, aggressive, or insubordinate; and
3) Acts to undermine or interfere with an employee’s work performance.
19.48 Administrative Procedure Order II-1B
Section II, #1B (Effective April 2017)
A single act shall not constitute disrespectful conduct, unless especially severe and egregious.
Epithet: A word or phrase meant to characterize a person or thing, particularly in a negative or derogatory manner.
Humiliate: To disgrace, belittle, or make another appear foolish.
Insolent: Speaking or behaving in a way that is disrespectful or insulting.
Insult: To use offensive or disrespectful epithets towards others.
Intimidate: To behave in a manner that would cause a reasonable person to fear physical or emotional damage or harm.
Malice: A willful and conscious disregard of the feelings, rights, or safety of others.
Respectful Conduct: Behavior that expresses consideration of others’ identities, viewpoints, and beliefs; restraint from behaviors that would be considered disrespectful conduct.
Retaliation: Verbal, nonverbal, or physical conduct or actions including the use of social media intended to injure or harm someone as a response to an action taken or perceived to have been taken; revenge.
Sabotage: The deliberate undermining of a person’s work performance.
Threatening: Acting in a deliberately frightening quality or manner.
EXAMPLES OF BEHAVIORS
I. Examples of Respectful Behavior:
Every person is expected to abide by these values and standards of respectful interpersonal behavior, communication, and professionalism:
We respect and value the contributions of all members of our community; We listen first and take responsibility for all our behaviors, including all verbal and nonverbal actions;
We treat coworkers and others with respect, civility, and courtesy; We work honestly, effectively, and collegially;
We respond promptly, courteously, and appropriately to requests for assistance or information;
We use conflict management skills, together with respectful and courteous verbal communication, to effectively manage disagreements;
We encourage and support all coworkers and others in developing their individual conflict management skills and talents;
19.49 Administrative Procedure Order II-1B
Section II, #1B (Effective April 2017)
We have an open and cooperative approach in dealings with employees, recognizing and embracing individual differences;
We recognize that differing social and cultural standards may mean that behavior that is acceptable to some may be perceived as unacceptable or unreasonable to others; We abide by all applicable rules, regulations, and policies and address any dissatisfaction with, or violation of, policies and procedures through appropriate channels;
We demonstrate commitment to a culture where all coworkers cooperate and collaborate in using best practices to achieve positive work-related outcomes; and We are responsible stewards of resources and human assets to achieve excellence and innovation in the service to our community.
II. Examples of Disrespectful Behavior
Every person is expected to refrain from exhibiting disrespectful behavior. Examples of disrespectful behavior can include, but are not limited to, the following:
Use of threatening or abusive language, or language that is intended to be, or is perceived by others to be, demeaning, berating, humiliating, or offensive; Intentionally ignoring someone, picking on an individual or group, or bullying; Making threats of violence, retribution, or financial harm; shouting or engaging in other speech, conduct, or behaviors that are reasonably perceived by others to represent intimidation;
Using racial or ethnic slurs; demonstrating racial, gender, sexual orientation, or cultural bias (see also 1) City Council of Santa Cruz Policy 25.2 (Discrimination and Harassment Policy), and 2) Administrative Procedure Order II-1A, (Discrimination/Harassment Policy Implementation and Complaint Procedure)); Making or telling jokes that are intended to be or that are reasonably perceived by others to be derogatory, crude, or offensive; teasing, name-calling, insulting, ridiculing, or making someone the brunt of pranks or practical jokes; Using sarcasm or cynicism directed as a personal attack on others; Spreading malicious rumors or gossip;
Throwing instruments, tools, office equipment, or other items as an expression of anger, criticism, or threat, or in an otherwise disrespectful or abusive manner; Making comments or engaging in behavior that is untruthful or directed as a dishonest personal attack on the professional or personal conduct of others; Retaliation;
Sabotage; and
Insubordination: Not submitting to authority; being disobedient to proper direction from an organizational superior, including, but not limited to, refusal to do an assigned job, refusal to render assistance, refusal to work overtime when mandatory, insolent response to a work order, or unreasonable delay in carrying out an assignment.
19.50 __________
RESPECTFUL WORKPLACE
CONDUCT COMPLAINT FORM
SECTION I. Complainant Information (Person filing this complaint) Name: _______________________________________________________________ Address: ______________________________________________________________ Phone: _______________________________________________________________ Position: ______________________________________________________________ Supervisor: ____________________________________________________________ SECTION II. Respondent Information (Person this complaint is being filed against) Name: _______________________________________________________________ Job Title: _____________________________________________________________ Department: ___________________________________________________________ SECTION III. Description of Complaint
Date and Time of Incident: _______________________________________________ Location of Incident: ____________________________________________________
1. Please provide a description of the incident(s) constituting the alleged violation.
Include the person(s) involved, and the name(s), and contact information of any person(s) who may have knowledge of the incident(s). (Attach additional sheets if necessary.)
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
19.51 __________
2. What is the remedy being sought for this complaint?
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ SECTION IV. Confidentiality
To the extent possible, it is the intention of the City to protect the confidentiality of any person who contacts the City for the purpose of seeking information, assistance, or counseling regarding this Policy. Information given to the City in the course of an internal investigation is not confidential; however, except as required by Public Records laws or the requirements of a thorough investigation, the City will release information only on a “need-to-know” basis. If you have questions about personal safety or personal privacy, you should discuss these questions with the Human Resources Department, your union representative, or your own attorney prior to providing information.
I have read and understand the City’s Respectful Workplace Conduct Policy and declare that the information contained herein is true and correct.
_____________________________________ ____________________________________ Signature of Complainant Date
Internal Use Only:
Complaint Received by: _________________________________________________________ Signature: ____________________________________________________________________ Date Received: ________________________________________________________________
19.52 19.53
19.54 City Council
AGENDA REPORT
DATE: 04/13/2023
AGENDA OF: 04/25/2023
DEPARTMENT: Human Resources
SUBJECT: Resolution Adopting the Memorandum of Understanding with the Police Officers’ Association (HR)
RECOMMENDATION: Resolution adopting the Memorandum of Understanding with the Police Officers’ Association.
BACKGROUND: The City Council approved the Tentative Agreement between the City and the Police Officers’ Association (POA) at the March 14, 2023 Council meeting.
Subsequently staff has made administrative corrections to the Tentative Agreement to clarify the effective dates of the agreements by replacing references to the effective pay periods with the specific effective dates. Staff is now bringing the corrected Tentative Agreement and the Memorandum of Understanding (MOU) for the employee organization before the City Council.
DISCUSSION: In accordance with the Meyers-Milias-Brown Act (MMBA) each Union’s MOU must be formally adopted by the City Council in a separate action. This is a routine action, no changes may be made to the MOU unless otherwise agreed upon by the City and the Unions.
FISCAL IMPACT: There are no additional fiscal impacts generated by final approval of the corrected Tentative Agreement nor the MOU.
Prepared By:
Debbie Jones
Principle HR Analyst
Submitted By:
Sara De Leon
Chief People Officer
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. POA 2023 MOU_RESOLUTION.DOCX
2. POA 2023-2026 MOU.PDF
3. POA CORRECTED TENTATIVE AGREEMENT FOR 2023-2026.PDF
20.1 RESOLUTION NO. NS-XX,XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ APPROVING
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA CRUZ AND THE POLICE OFFICERS’ ASSOCIATION
WHEREAS, the City Council approved the Tentative Agreements between the City and the Police Officers’ Association at the March 14, 2023 Council meeting; and WHEREAS, staff has prepared and attached a corrected Tentative Agreement between the City and the Police Officers’ Association containing administrative clarifications; and WHEREAS, staff has prepared the updated Memorandum of Understanding (MOU) document with the Police Officers’ Association; and
WHEREAS, it is the obligation of the City Council to approve the MOU at a City Council meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz,that the City Council hereby approves the corrected Tentative Agreement for a successor MOU; and
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Santa Cruz that the City Council hereby approves the Memorandum of Understanding with the Police Officers’ Association.
PASSED AND ADOPTED this 25th day of April, 2023, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
20.2 1
2023 – 2026
MEMORANDUM OF UNDERSTANDING
CITY OF SANTA CRUZ
AND
SANTA CRUZ POLICE OFFICERS’ ASSOCIATION
March 4, 2023 to March 13, 2026
20.3 2
2023 -- 2026
MEMORANDUM OF UNDERSTANDING
CITY OF SANTA CRUZ
AND
SANTA CRUZ POLICE OFFICERS’ ASSOCIATION
Table of Contents
SECTION 1.00 - TERM .................................................................................................................................. 7
1.01 Commencement of Negotiations for a Successor MOU............................................................. 7 SECTION 2.00 - PREAMBLE .......................................................................................................................... 7
2.01 Quarterly Meetings ..................................................................................................................... 7 SECTION 3.00 - NO ABROGATION OF RIGHTS.............................................................................................. 8 SECTION 4.00 - FULL UNDERSTANDING, MODIFICATION, WAIVER.............................................................. 8 SECTION 6.00 - NO DISCRIMINATION......................................................................................................... 9 SECTION 7.00 - EMPLOYEE RIGHTS............................................................................................................. 9 SECTION 8.00 - RECOGNITION AND PAYROLL DEDUCTION ......................................................................... 9
8.01 Recognition ................................................................................................................................. 9
8.02 Association Dues and Access to New Employee Orientation.......................................................... 9
8.02.01 General............................................................................................................................ 9
8.02.02 New Employee Orientation ............................................................................................ 9
8.02.03 Payroll Deduction/Authorizations ................................................................................10
8.02.04 Changes to Payroll Deductions.....................................................................................10
8.02.05 Association’s Certification.............................................................................................10
8.02.06 Indemnification.............................................................................................................10 SECTION 9.00 - ASSOCIATION RIGHTS .......................................................................................................11
9.01 Access to City Facilities..............................................................................................................11
9.02 Access to City Bulletin Boards...................................................................................................12
9.03 Access to the City’s Internal Mail System.................................................................................12
9.04 Electronic Mail (E-Mail) and Computer Usage..........................................................................13 SECTION 10.00 - UNION NOTIFICATION ....................................................................................................13 SECTION 11.00 - RELEASE TIME.................................................................................................................13 SECTION 12.00 - PERSONNEL ACTIONS .....................................................................................................14
12.01 Personnel Files.......................................................................................................................14
12.02 Performance Evaluations.......................................................................................................14
12.02.01 Late Evaluations............................................................................................................14
20.4 3
12.03 Probation...............................................................................................................................15
12.03.01 Probationary Period ......................................................................................................15
12.03.02 Objective of Probationary Period ..................................................................................15
12.03.03 Rejection of Probationary Employee .............................................................................15
12.03.04 Extension of Probation..................................................................................................15 SECTION 13.00 - WORK ASSIGNMENTS/SCHEDULES.................................................................................15
13.01 Rotation/Reassignments.......................................................................................................15
13.02 4 Day/10 Hour Plan ...............................................................................................................16
13.03 Minimum Staffing..................................................................................................................17
13.04 Scheduling.............................................................................................................................17
13.05 Absences/Time Off................................................................................................................18 SECTION 14.00 - PAY RATES AND PRACTICES ............................................................................................18
14.01 Salary.....................................................................................................................................18
14.02 Salary Steps...........................................................................................................................18
14.02.01 Salary Rates Upon Appointment ...................................................................................19
14.02.02 Advancement within the Range ....................................................................................19
14.02.03 Longevity .......................................................................................................................20
14.03 Retirement/PERS ...................................................................................................................20
14.03.01 Employees Hired on or Before September 2, 2011 (Tier I)...........................................20
14.03.02 Employees Hired On or After September 3, 2011 (Tier II)............................................21
14.03.03 Employees Hired On or After January 1, 2013 (Tier III) ................................................22
14.03.04 All Employees................................................................................................................23
14.04 Overtime ...............................................................................................................................23
14.05 Working Out of Classification................................................................................................24
14.06 Call-back................................................................................................................................25
14.06.01 Definition.......................................................................................................................25
14.06.02 Compensation...............................................................................................................25
14.07 Standby ................................................................................................................................. 25
14.08 Police Investigations..............................................................................................................25
14.08.01 Investigations Premium Pay ..............................................................................................25
14.08.02 Rotational Duty Assignment..............................................................................................26
14.09 Special Duty Pay ....................................................................................................................26
14.10 Special Events........................................................................................................................26
14.11 Training Officer......................................................................................................................26
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14.12 Tuition Reimbursement.........................................................................................................27
14.13 Bilingual Pay ..........................................................................................................................27
14.14 Motorcycle Patrol Premium..................................................................................................27
14.15 Shift Differential ....................................................................................................................28
14.16 Uniform Allowance and Replacement...................................................................................28
14.17 Personal Property..................................................................................................................28
14.18 K-9 Duty................................................................................................................................. 28
14.19 Education Incentive...............................................................................................................29
14.20 Overpayments.......................................................................................................................29
14.21 Departmental Technology Coordinator Differential.............................................................30 SECTION 15.00 – HOLIDAYS.......................................................................................................................30
15.01 Holiday Hours & Scheduling ..................................................................................................30
15.02 Holiday Bank .........................................................................................................................31
15.03 Holiday Carry-Over................................................................................................................31
15.04 Eligibility................................................................................................................................31
16.01 Accrual...................................................................................................................................31
16.02 Rate of Maximum Vacation Accrual.......................................................................................31
16.03 Sell Back of Vacation .............................................................................................................32
16.04 Injury or Illness While on Vacation........................................................................................32 SECTION 17.00 - SICK LEAVE......................................................................................................................32
17.01 Definition...............................................................................................................................32
17.02 Accrual and Use.....................................................................................................................33
17.02.01 Family Sick Leave ..........................................................................................................33
17.02.02 Bereavement Leave ......................................................................................................33
17.02.03 Personal Business Leave ...............................................................................................34
17.03 Limitations.............................................................................................................................34
17.04 Sick Leave Incentive Program................................................................................................34
17.05 Emergency Illness Leave .............................................................................................................34 SECTION 18.00 - LEAVES OF ABSENCE.......................................................................................................35
18.01 Military Duty..........................................................................................................................35
18.02 Workers’ Compensation........................................................................................................35
18.03 Light Duty..............................................................................................................................35
18.04 Medical or Personal Leave.....................................................................................................36
18.05 Pregnancy Disability Leave ....................................................................................................36
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18.06 Family Leave..........................................................................................................................37
18.07 Continuation of Insurance Benefits during Unpaid Leaves of Absence ................................. 39
18.07.01 Personal Leave...............................................................................................................39
18.07.02 Family Leave ..................................................................................................................39
18.08 Blood Donations....................................................................................................................39
18.09 Absence for Examination.......................................................................................................39 SECTION 19.00 - BENEFITS ........................................................................................................................40
19.01 Medical Plan..........................................................................................................................40
19.01.01 Optional Benefits...........................................................................................................40
19.02 Principal Domestic Partners...................................................................................................41
19.03 Retiree Medical Plan..............................................................................................................41
19.04 Retiree Medical Incentive......................................................................................................41
19.05 Dental and Vision Program....................................................................................................41
19.06 Long Term Disability..............................................................................................................42
19.07 Life Insurance ........................................................................................................................42
19.08 Counseling Services...............................................................................................................42 SECTION 20.00 - EMPLOYER RESPONSIBILITY............................................................................................43 SECTION 21.00 - VESTS..............................................................................................................................43 SECTION 22.00 - SERGEANT PROMOTIONAL EXAM...............................................................................43 SECTION 23.00 - EMERGENCY MEALS ...................................................................................................43 SECTION 24.00 - GRIEVANCE PROCEDURE.............................................................................................43
24.01 Purpose ................................................................................................................................. 43
24.02 Definition...............................................................................................................................43
24.03 Limitations.............................................................................................................................43
24.04 Procedures.............................................................................................................................44 SECTION 25.00 - DISCIPLINARY APPEALS PROCEDURE...............................................................................45
25.01 Definition...............................................................................................................................45
25.02 Pre-Action Procedure.............................................................................................................45
25.03 Post-Action Appeal................................................................................................................46 SECTION 26.00 - WRITTEN REPRIMANDS ..................................................................................................47 SECTION 27.00 - ENFORCEMENT OF TERMS..............................................................................................48 SECTION 28.00 - SEVERABILITY..................................................................................................................48 SECTION 29.00 - LAYOFF POLICY & PROCEDURE........................................................................................48
29.01 Layoffs...................................................................................................................................48
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29.02 Bumping ................................................................................................................................48
29.03 Notification............................................................................................................................49
29.04 Reinstatement.......................................................................................................................49 SECTION 30.00 - POLICE DEPARTMENT RESOURCE ALLOCATION COMMITTEE.........................................49 EXHIBIT A – POLICE CLASSIFICATIONS.......................................................................................................50 EXHIBIT B – STATEMENT OF EQUAL EMPLOYMENT OPPORTUNITY AND NON-DISCRIMINATION POLICY .....51 EXHIBIT C- DISCRIMINATORY HARASSMENT POLICY ................................................................................55 EXHIBIT D – K-9 AGREEMENT ....................................................................................................................60 EXHIBIT E - SCPD POLICY #1001 (ABSENCES/TIME OFF)...........................................................................63 EXHIBIT F – SENIORITY LIST .......................................................................................................................71 EXHIBIT G- RESPECTFUL WORKPLACE CONDUCT POLICY .........................................................................72
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2023 -- 2026
MEMORANDUM OF UNDERSTANDING
CITY OF SANTA CRUZ AND
SANTA CRUZ POLICE OFFICERS’ ASSOCIATION
SECTION 1.00 - TERM
The term of this Memorandum of Understanding shall commence March 4, 2023 and shall expire March 13, 2026.
1.01 Commencement of Negotiations for a Successor MOU
Either party may serve upon the other party a demand to commence bargaining for a successor MOU on or before September 3, 2022. In the event either party serves its demand by September 3, 2022, the parties will commence negotiations for a successor MOU no later than September 17, 2022, unless a later date is mutually agreed upon by the parties in writing. In the event demand is served after September 3, 2022, the parties will commence bargaining on a mutually agreed upon time and date.
SECTION 2.00 - PREAMBLE
This Memorandum is entered into by the City of Santa Cruz (hereinafter referred to as the City) and the Santa Cruz Police Officers’ Association (hereinafter referred to as the Association). For the purpose of this Memorandum, employee shall mean a regular status employee employed in the classifications listed in Exhibit A. Any part-time regular employees covered by this agreement will receive benefits included in the agreement on a prorated basis, given the ratio of the budgeted work schedule to full time. This Memorandum is subject to Section 3500-3510 of the Government Code of the State of California, the City of Santa Cruz Charter and Municipal Code, and the City of Santa Cruz Personnel Rules and Regulations Employee Relations Resolution (Appendix A).
The City and the Association have met and conferred in good faith and have arrived at an understanding concerning wages, hours, working conditions, and other terms of employment.
The City and the Association recognize their obligation to provide services of the highest quality and efficiency to the community.
The City and the Association affirm the principal that harmonious labor/management relations are to be promoted and furthered.
2.01 Quarterly Meetings
To encourage harmonious labor/management relations, the Chief of Police and Association representatives (in accordance with Section 11.00 (Release Time) of this memorandum) will meet no less than once every three (3) months to informally present and discuss issues and ideas that are of potential interest to both parties. During the course of these meetings,
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the Chief and the Association may discuss the benefits and costs of conducting an employee satisfaction survey or other similar program designed to provide department management with information about employees’ level of job satisfaction.
SECTION 3.00 - NO ABROGATION OF RIGHTS
The parties acknowledge that the City’s responsibilities and rights, and management responsibilities and rights, as indicated in current Appendix A, Article 1, Section 1 of the City of Santa Cruz Personnel Rules and Regulations resolution and all applicable State or Municipal laws and rights of the City Council, are neither abrogated nor made subject to the meet and confer process by the adoption of this Memorandum.
The parties further acknowledge that the rights of employees are neither abrogated nor diminished by the adoption of this Memorandum of Understanding.
SECTION 4.00 - FULL UNDERSTANDING, MODIFICATION, WAIVER This agreement, plus any written departmental rules or regulations, sets forth the full and entire understanding of the parties regarding the matters set forth herein and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.
It is agreed and understood that each party, hereto voluntarily and unqualifiedly, waives its right to negotiate and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein.
It is further agreed and understood that, except in cases of emergency, the City shall not implement any changes to any matter within scope, as defined by the Meyers, Milias, Brown Act, as amended, not covered herein without first having met and conferred with the Association. For purposes of this Agreement, emergency means any sudden and unforeseeable incident or occurrence. Changes implemented pursuant to this paragraph shall only be in effect for the duration of the emergency causing the change. No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by all parties hereto and, if required, approved by the City and ratified by the membership of the Association.
The waiver of any breach of any term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.
SECTION 5.00 - PAST PRACTICES
The parties agree that they shall adhere to established labor relations principles in handling past practices. Specifically, in handling past practice issues within the scope of representation:
1. Past practices superseded by revised MOU language are null and void.
2. Past practices which contradict existing MOU language or written City rules shall be null and void upon reasonable notice from the City that the language will be followed.
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3. Past practices within scope which are not covered by MOU language or City rules shall remain in effect through the term of the MOU unless changed through mutual agreement.
SECTION 6.00 - NO DISCRIMINATION
The Association recognizes City Council policies pertaining to equal employment opportunity, the prevention of discrimination and harassment, and respectful workplace conduct as listed in Exhibits B, C, and G, as well as applicable Federal and State discrimination laws.
SECTION 7.00 - EMPLOYEE RIGHTS
Unit employees shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employeremployee relations pertaining to wages, hours, and other terms and conditions of employment. Unit employees shall have the right to refuse to join or participate in the activities of the Association and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced, or discriminated against by the City of Santa Cruz or by any employee organization because of the exercise of these rights.
SECTION 8.00 - RECOGNITION AND PAYROLL DEDUCTION
8.01 Recognition
Pursuant to Meyers-Milias-Brown Act and the City’s Personnel Rules and Regulations, the Association is certified as the recognized employee organization representing regular status employees listed in Exhibit A.
8.02 Association Dues and Access to New Employee Orientation
8.02.01 General
All employees within the bargaining unit represented by the Association may voluntarily join the Association and pay dues, initiation fees, and general assessments, as well as payment of any other membership benefit program sponsored by the organization (hereinafter “payroll deductions”) as determined by the Association. It shall be the responsibility of the Association to maintain a record of employees who have given their written consent to join and pay dues to the Association.
It is understood that all bargaining unit members who decline to join the Association may forego certain benefits exclusively provided via the Association to its members.
8.02.02 New Employee Orientation
The City shall provide the Association with two (2) weeks advance notice of the start date of any new hire to a represented classification. The City shall provide the Association with an exclusive one (1) hour meeting with any new employee or group of
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employees covered by this MOU, during the employee orientation (i.e., the first two (2) days of employment). The specific date, time, and location of the one (1) hour union meeting with new employees will be coordinated by the Chief of Police and the President of the Association.
8.02.03 Payroll Deduction/Authorizations
The City agrees to deduct the payroll deductions from the paycheck of each employee who voluntarily executes a valid authorization form as certified by the Association. All sums deducted by the City shall be remitted to the Association in an expedient manner and at the intervals requested by the Association (i.e., no more than seven (7) calendar days after the deduction), together with a list of names of each employee for whom a deduction was made.
8.02.04 Changes to Payroll Deductions
The City will implement any change to an employee’s payroll deductions in the first full pay period following notification of such change by the Association.
If an employee member in the bargaining unit desires to revoke, cancel or change prior dues deduction authorization, the City shall direct the employee member to the Association. Any such dues deduction revocation, cancellation and/or change shall only be effective when submitted by the Association directly to the City and its subject to the terms and conditions as set forth in the original payroll deduction/authorization.
8.02.05 Association’s Certification
The City shall make payroll deductions in reliance on the Association’s certification certifying that the Association has and will maintain an authorization, signed by each member employee who affirmatively consents to pay Association membership dues.
Similarly, the City shall only cancel or modify any membership dues or any other mutually agreed payroll deduction, to the extent permitted by law, for any member employees in reliance on the information provided by the Association.
The City shall not request the Association to provide a copy of any member employees’ authorization unless a dispute arises about the existence or terms of the authorization.
8.02.06 Indemnification
The Association shall indemnify, defend, protect and hold harmless the City and its elected and appointed officials, officers, employees, officers and agents (collectively hereafter the “Indemnitees”) from and against any and all claims, liabilities, losses, damages, fines, penalties, claims, demands, suits, actions, causes of action, judgments, costs and expenses (including, but not limited to, reasonable attorney’s fees and court costs) arising from the application of any provisions under Section 8.02, including, but not limited to, any claims made by any member employees for the membership dues deductions the City made in reliance on the Association’s certification, and any claims made by any member employees for any deduction cancellation or modification the City made in reliance on the information provided by the Association.
In the event any such action or proceeding is brought against the City by reason of any
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such claim, the Association, upon notice from the City, covenants to defend such action or proceeding by counsel reasonably satisfactory to the City. Further, the Association agrees to indemnify and hold harmless the indemnitees for any loss or damage arising from the Association’s actions or inactions under Sections 8.02.
SECTION 9.00 - ASSOCIATION RIGHTS
The City of Santa Cruz has an interest in promoting positive labor relations with the Santa Cruz Police Officers’ Association (hereinafter referred to as “Association”), the exclusive representative of regular status employees listed in Exhibit A of the current Memorandum of Understanding. In furtherance of that interest, the City recognizes that communications both between the City and the Association and communications between the Association and its members are essential and may take various forms. Due to the nature of the employment of bargaining unit members, the City and the Association recognize that it is not possible to schedule meetings at a time when all bargaining unit members may attend during their off duty time and that any meeting scheduled cannot interfere with or affect City needs, workflow, or mission. Accordingly, the parties recognize that communications involving bargaining unit members may need to take various forms. To assist in the communications process, the parties hereby mutually agree to the following as it applies to members of the Santa Cruz Police Officers’ Association Bargaining Unit:
9.01 Access to City Facilities
The Union shall be allowed the use of areas normally used for meeting purposes for meetings of Association members when:
a. Such space is available;
b. There is no additional cost to the City (with the exception of incidental costs such as those for heat and light);
c. It does not interfere with normal, safe, efficient or secure City operations; d. Employees in attendance are either not scheduled for duty or are on duty and leave the meeting promptly when duty calls; and
e. The meeting is either for the purpose of an Association Board meeting or for a General Membership meeting, except as prohibited below.
The Association may use City facilities for purposes of conducting an Association Board meeting as reasonably necessary. Association Board meetings conducted at City facilities shall be concluded as expeditiously as reasonably possible without interfering with normal duties.
The Association may use City facilities for purposes of conducting a General Membership meeting as needed and will be reserved as any other City or Public Organization would have to do. General Membership meetings conducted at City facilities shall be reserved and concluded in the time reserved for the meeting.
The use of City equipment and/or supplies (other than items normally used in the conduct
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of business meetings, such as desks, chairs, blackboards and projection/sound equipment) is prohibited, even though such equipment and/or supplies may be present in the meeting area.
The Association shall maintain proper order during any meeting held at a City facility and ensure that the space is left in a clean and orderly condition. The City reserves the right to revoke permission to use City facilities for meetings if the Association fails to maintain order during a meeting or if facilities are not left in a clean and orderly condition.
9.02 Access to City Bulletin Boards
The Association shall have access to City bulletin boards located in those buildings in which bargaining unit members are assigned to work for the purpose of posting the following types of notices (these are examples only and not intended to be a complete list):
a. Notice of recreational and social affairs sponsored by the Association; b. Notice of Association meetings;
c. Notice of Association elections;
d. Reports from Association committees;
e. Rulings on Association policies; and
f. Association newsletters.
All posted material must be legibly signed or initialed and dated by the Association’s President or designated representative. No notice or announcement which contains defamatory statements about the City, including any City Department, any City official, or any City employee(s) shall be posted on City bulletin boards. Any violation of this section shall entitle the City to immediately cancel the provisions of this section and revoke the Association’s privilege to use bulletin boards pursuant to this section. In the event nonauthorized material is posted, it shall be promptly removed by the Association or its representative on notification by the Department. The City reserves the right to remove material that contains defamatory statements before providing notification to the Association; if such action is taken the City shall notify the Association as soon as possible.
9.03 Access to the City’s Internal Mail System
As used in this section, “the City’s internal mail system” does not include the City’s e-mail system (E-mail usage is discussed in Section 9.04 below).
The Association may request that notices be delivered to bargaining unit members through the City’s internal mail system. Notices which may be sent through the City’s internal mail system are limited to those types of notices which may be posted on bulletin boards, as described in section 9.02. No notice or announcement which contains defamatory statements about the City, including any City Department, any City official, or any City employee(s) shall be distributed using the Department’s internal mail system. The City reserves the right to refuse to allow notices to be distributed by Departmental mail that interferes with the Department’s operational needs, workflow, or mission. Notices must be legibly signed or initialed and dated by the Association’s President or designated representative. The Association must provide a sufficient number of copies of any notice that it requests be distributed through departmental mail.
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Any mail placed in the City’s internal mail system destined for deposit in the United States Postal Service system must contain sufficient postage when so placed; the City will not pay for postage.
Any violation of this section shall entitle the City to immediately cancel the provisions of this section and revoke the Association’s privilege to use the City’s internal mail system pursuant to this section.
9.04 Electronic Mail (E-Mail) and Computer Usage
The Association recognizes that the City’s Electronic Mail (E-Mail) Use Policy and Police Department General Orders prohibit the use of the City’s e-mail and computer systems for personal use, that the City’s e-mail and computer systems are to be used solely for City-related business activities, and that the City has the right to access and inspect City computers, including but not limited to viewing any messages sent or received through the City’s e-mail system or any temporary or permanent files stored on the City’s electronic systems and/or equipment.
The City and the Association agree that the Association may be permitted to use City e-mail for the purposes described in this section. Notices which may be sent through the City’s email system are limited to those types of notices which may be posted on bulletin boards, as described in section 9.02. No notice or announcement which contains defamatory statements about the City, including any City Department, any City official, or any City employee(s) shall be sent through the City’s e-mail system. The City reserves the right to refuse to allow notices to be sent through the City’s e-mail system that interfere with the Department’s operational needs, workflow, or mission.
Any violation of this section shall entitle the City to immediately cancel the provisions of this section and revoke the Association’s privilege to use the City’s e- mail system pursuant to this section. It is expected that once the Association Board is aware of any such violations, they would be afforded the opportunity to rectify the situation.
SECTION 10.00 - UNION NOTIFICATION
Except in cases of bona fide emergencies, the Association shall be given seven (7) working days advance written notification of any ordinance, rule, resolution, or regulation relating to matters within the scope of representation proposed to be adopted by the City Council, or management, and shall be given the opportunity to meet with a City representative prior to its adoption.
SECTION 11.00 - RELEASE TIME
During the term of this agreement, a reasonable number of Association members – up to three (3) – shall be allowed a reasonable amount of paid release time off for meet and confer or meet and consult sessions scheduled with the City Council’s designated representative, providing there is no disruption of work in the employee’s division. The exact number to be released shall be determined by mutual agreement prior to the session and shall vary by the type of issue being discussed (i.e., single division affected, multiple divisions affected, etc.) The Association shall notify the Human
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Resources Director in advance of the meeting of the names of members who will be in attendance.
Such Association members shall obtain permission through supervisory channels before leaving their work or work locations. Ground rules for negotiating successor agreements shall specify the number of Association members allowed for the meet and confer sessions with the City Council’s representatives.
SECTION 12.00 - PERSONNEL ACTIONS
12.01 Personnel Files
There shall be only one personnel file which shall be maintained in the City’s Human Resources Department. Employees shall have the right to review their personnel file or authorize, in writing, review by their representative. No adverse material will be placed in an employee’s personnel file without prior notice and a copy given to the employee.
Employees may cause to be placed in their personnel file responses to adverse material inserted therein. This provision excludes training, supervisory, and internal affairs files.
12.02 Performance Evaluations
It is compulsory that all regular employees receive an annual written performance evaluation from their supervisor. All employees serving their twelve (12) month probationary period will be evaluated at the completion of their sixth (6th) and twelfth (12th) month of service. All regular employees will be evaluated on their merit review date.
Evaluations are intended to be a summary of the employee’s performance over the course of the evaluation period. Evaluations are also to be used as a tool to motivate the employee’s level of performance. To this end, the supervisor and the employee will meet and discuss work responsibilities, job standards and objectives, review progress and plan for the employee’s future development prior to the evaluation being placed in the employee’s personnel file.
Any additions, corrections, deletions, or changes on the original evaluation form require initialing by both the maker of the amendment and the employee to indicate that the changes have been discussed and understood. No evaluation shall be made on hearsay statements.
Employees may also choose to discuss performance evaluations with the Chief of Police and/or the Human Resources Director and formally enter a response to the evaluation in their personnel file. Disputes regarding performance reviews shall not be subject to the grievance process.
12.02.01 Late Evaluations
Failure of the supervisor to present the employee with the evaluation within ninety (90) calendar days of the due date, unless an extension is mutually agreed upon in writing, shall result in a recommendation of step advancement in conjunction with Section 14.02.02 (Advancement within the Range). However, as soon as possible thereafter, the supervisor shall conduct a performance evaluation in accordance with Section 12.02 (Performance Evaluations).
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12.03 Probation
12.03.01 Probationary Period
All original, promotional, and re-hire appointments shall be subject to a probationary period of twelve (12) months. Any time spent by an employee on unpaid status or paid leave shall not be counted as qualifying service toward completion of the probationary period.
12.03.02 Objective of Probationary Period
The probationary period shall be regarded as part of the selection process and shall be utilized for training the new employee on work assignments and standards, and observing and evaluating the employee’s performance.
12.03.03 Rejection of Probationary Employee
During the probation period, an employee may be rejected at any time by the appointing authority without the right of appeal. Notification of rejection shall be served to the probationary employee in writing.
Any promoted employee who is rejected during the probationary period shall be reinstated to the position from which the promotion occurred; unless the rejection is due to discharge in which case no reinstatement shall occur.
12.03.04 Extension of Probation
All efforts will be made to sufficiently evaluate the probationary employee during the assigned period. An extension of the probationary period may, however, be recommended by the appointing authority when good cause exists. Such extensions shall be for a specific period of time not to exceed three (3) months. The employee shall be informed in writing of the reasons for the period of the extension at least seven (7) calendar days prior to the scheduled end of the probationary period.
SECTION 13.00 - WORK ASSIGNMENTS/SCHEDULES
13.01 Rotation/Reassignments
It is understood and agreed that employees covered by this Memorandum are expected to rotate among shifts and are subject to periodic reassignments (such as TO’s, motorcycle duty, investigations). If these changes are a normal part of their work and are not disciplinary, then the reassignment is not subject to the grievance process even though employees may lose or gain eligibility for compensation (such as shift differential or other premium pays). If the reassignment is considered to be disciplinary by the Chief of Police, then the employee maintains their right to appeal as in Section 25.00 (Disciplinary Appeals Procedure). In any event, the employee will be notified as to the reason for the reassignment. The Chief of Police or their designee will announce anticipated openings for specialized assignments department-wide and fill those positions through a standardized
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selection process. The standardized selection process may be unique to each specialized unit but consistent for all employees being considered for assignment to that unit.
13.02 4 Day/10 Hour Plan
The normal work schedule for all employees covered by this Memorandum (except Police Trainees and new police officers during their non-uniform orientation period) will be a four-ten plan, indicating four (4), ten (10) hour workdays and three (3) consecutive days off each week. The specific assignments not subject to this rule are as follows:
1. School Resource Officers when school is in session, including summer school when it is held in the City of Santa Cruz.
2. Employees assigned to Investigations will have the option to work a 9/80 or 4/10 schedule as determined by the Chief of Police and based upon operational necessity.
3. CSO’s assigned to Property.
4. Victim Advocates who will be assigned to a 9/80 schedule in lieu of the 4/10 schedule.
For employees assigned to a 9/80 schedule plan, each week’s work days will be scheduled consecutively (followed by consecutive days off). For employees assigned to a 4/10 schedule plan, each week’s work days will be scheduled consecutively (followed by consecutive days off). In the event of operational necessity, the Chief of Police may suspend this schedule on a temporary basis not to exceed thirty (30) days.
Shift selection within Investigations shall be determined by date of assignment into the unit, including assignments to the Gang Task Force or other specialty assignments within Investigations.
The Chief of Police may suspend this rule if they determine that there are insufficient personnel to maintain the safe day to day operations of the organization. In addition, unforeseen catastrophic events such as earthquake, civil unrest, etc., may necessitate a suspension of this rule. The Chief of Police shall notify all affected personnel and the Association thirty (30) days prior to the change or with as much notice as possible given the nature of the particular emergency.
The Association will have two (2) weeks to meet and respond to the Chief of Police and present alternative scheduling plans for their review. The Association will also have the opportunity to meet and confer with the Chief of Police over matters within the scope of representation effected by the suspension of the 4/10 schedule.
In the event the suspension of the 4/10 schedule lasts more than ninety (90) days, the Association will have the opportunity to meet with the Chief to ensure that the conditions for the suspension still exist. This review will be conducted at least quarterly until the
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suspension ends.
13.03 Minimum Staffing
The Chief of Police will maintain minimum staffing levels for patrol shifts in writing. The intention of maintaining written guidelines for minimum staffing is to provide guidelines and promote consistency between supervisors and managers when making decisions regarding staffing. The Chief of Police will meet and confer on impacts within the scope of bargaining as defined by the Meyers-Milias-Brown Act (MMBA) if the written minimum staffing levels are changed.
13.04 Scheduling
Employees assigned to the Operations Division will be allowed to select their shift based on seniority and as set forth by the Chief of Police. The schedule will be completed no less than thirty (30) days and no more than twelve (12) months prior to shift change.
Seniority is determined by the employee’s last uninterrupted date of hire in a classification.
A baseline seniority list is incorporated in this MOU and hereby attached as Exhibit F. For employees hired on the same date, seniority will be determined by the date of release from their field training program. Ties will be determined by coin toss.
Exceptions:
1. Training Officers (TO’s): will select their shifts based on seniority as set forth by the Chief of Police along with the rest of patrol personnel. This selection may be overruled by the Chief, however, in favor of the requirements and continuity of the Training Program.
2. Canine Program: exempt.
3. Street Crimes Unit: exempt.
4. Downtown Unit: exempt.
5. Traffic Section: exempt. Seniority for shift selection within the unit is determined by date of assignment to the unit. If all positions are not filled, assignments will be made starting with the least senior non-probationary officer.
6. Probationary employee: exempt.
7. Exemption: through the evaluation process, disciplinary action, medical reasons, or extenuating circumstances, or as identified in Section 13.02 (4 Day/10 Hour Plan) of this Memorandum, an officer may be assigned or reassigned to a certain shift.
8. Leaves of Absence (medical, military, pregnancy disability, etc.): a reasonable expectation must exist that the officer will be able to report for full duty at the start of a new shift. In the absence of a reasonable expectation, those officers will be exempt from this scheduling procedure.
9. Restricted positions: Positions restricted to specific assignments because of funding sources or other external circumstances. If more than one restricted position is assigned to the same unit, seniority for shift selection within that
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unit is determined by date of assignment to the unit.
13.05 Absences/Time Off
Absences and time off will be regulated based on the practices and procedures set forth in Policy 1001 in the Santa Cruz Police Department Manual as of the date of this Memorandum. Any discrepancies between this Memorandum and the policy will be superseded by this Memorandum. The policy is attached as Exhibit E.
SECTION 14.00 - PAY RATES AND PRACTICES
14.01 Salary
• Effective the pay period that begins on March 4, 2023, the salary for all bargaining unit members shall be increased by an additional four percent (4.0%). • Effective the pay period that begins on March 2, 2024, the salary for all bargaining unit members shall be increased by an additional four percent (4.0%). • Effective the pay period that begins on March 6, 2021, a new top step “J” will be added to the Salary Compensation Plan. The new top step “J” shall be five percent (5%) above Step “I.” Employees who have been at Step I for twelve (12) months or more on March 6, 2021 will progress to the new top step “J” on March 6, 2021. Employees who have been at Step I for less than twelve (12) months on March 6, 2021will progress to the new top step “J” in accordance with the procedures in Section 14.02.02 – Advancement Within the Range. • Effective the pay period that begins on March 1, 2025, the salary for all bargaining unit members shall be increased by an additional four percent (4.0%).
14.02 Salary Steps
Each classification in the bargaining unit shall be assigned a salary range that increases by 5% between steps.
Effective November 7, 2015, the Step A for Police Officers shall be eliminated and employees who are currently at Step A shall move to Step B.
Effective March 1, 2025, Step B for Police Officer shall be eliminated and employees who are currently at Step B on the effective date shall move to Step C.
Effective March 1, 2025, Steps A and B for Police Sergeant shall be eliminated and employees who are at Step A and Step on the effective date shall move to Step C.
Effective February 28, 2026, a new top step will be added to the compensation plan which is five percent (5%) above the current top step J for all represented classifications.
Employees at Top Step J for one year or more as of February 28, 2026 will be moved to the new top step on the effective date of February 28, 2026; the balance of employees at
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current top step (J) will receive new top step on their anniversary date.
14.02.01 Salary Rates Upon Appointment
New employees shall be hired at the first step of the classification’s salary range; unless a higher starting step is recommended by the appointing authority based on the employees advanced qualifications for the position and such recommendation is approved by the Human Resources Director and City Manager.
Promoted employees shall be appointed to the first step in the salary range for the new classification. However, if such employee is already being paid at a rate equal to or higher than the first step of the higher range, they shall be placed at the next higher step in the new range of at least a five (5) percent increase in total compensation. Total compensation calculation for purposes of this section will include all specialty pay that was received for at least six (6) consecutive months immediately prior to the time of the promotion.
14.02.02 Advancement within the Range
A. Advancement within a classifications salary range shall normally be granted on the employee’s scheduled merit review date. Such advancements shall be based solely on meritorious job performance as documented by a satisfactory performance evaluation submitted by the department head and approved by the Human Resources Director.
B. All new Police Officer Trainees shall be advanced to the first step of the Police Officer classification upon successful completion of the police academy. These employees shall then begin their twelve (12) month probation and be eligible for subsequent merit increases as shown below.
C. All employees shall be eligible for their first merit increase at the end of the first six (6) months of their twelve (12) month probation. After successful completion of the full probation, the employee shall be eligible for subsequent merit increases after each full year on paid status from the last merit review date, continuing until the top of the salary range is attained.
D. Merit increases shall normally be from one pay step to the next higher pay step. Increases of two steps may, however, be recommended by the Chief of Police when exceptional performance has been demonstrated by the employee.
Such step increases must be approved by the City Manager.
E. A merit increase may be denied by the department head when an employee’s job performance falls below the acceptable work standards for the duties assigned. The department head may, in such a case, recommend that the employee’s work performance be reviewed again at a specific time before the next review date. If a merit increase is granted at that time, the employee’s original review date shall not change and she/he shall be eligible for the next merit increase after one year on paid status from the original review date.
F. An employee’s scheduled merit review date shall be adjusted for any time spent by the employee on unpaid status.
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G. When an employee’s position is reclassified to a classification with a higher salary range, the employee’s new pay shall be set at the first step of the new range or the next higher step in the new range that provides the employee a salary increase of at least five (5) percent. This increase shall have no effect on the employee’s original merit review date.
H. Exclusive of special evaluation and upon receipt of a satisfactory annual evaluation, the effective date for a merit increase shall be the first day of the pay period, which includes the employee’s anniversary date.
14.02.03 Longevity
Effective the pay period that begins on March 4, 2023, upon completion of ten (10) years of continuous regular service, employees shall receive a five percent (5.0%) longevity pay increase.
Upon completion of fifteen (15) years of continuous regular service, employees shall receive an additional five percent (5.0%) longevity pay increase for a total of ten percent (10.0%).
Upon completion of twenty (20) years of continuous regular service, employees shall receive an additional five percent (5.0%) longevity pay increase for a total of fifteen percent (15%).
Longevity is calculated from the date of hire into a regular status position or a fully benefited special status position. It is understood that longevity pay is considered “additional compensation” for the purposes of PERS and tax computations.
14.03 Retirement/PERS
14.03.01 Employees Hired on or Before September 2, 2011 (Tier I) This section 14.03.01 shall apply to members hired on or before September 2, 2011, who are contributing members of CalPERS.
A. Final Compensation Based on the Single Highest Year
For purposes of determining a retirement benefit, final compensation for members covered by this section 14.03.01 shall be based on the single highest year, defined by CalPERS as any consecutive one-year period with the highest average pay rate and special compensation.
B. 3.0% @ 50 Pension Formula for Sworn Members
The 3.0% @ 50 pension formula shall be available to all sworn members covered by this section 14.03.01 who are contributing members of CalPERS.
Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to members covered by this section 14.03.01.
C. 2.0% @ 55 Pension Formula for Non-Sworn Members
The 2.0% @ 55 pension formula shall be available to all non-sworn members covered by this section 14.03.01 who are contributing members of CalPERS.
Additionally, the City provides the Pre-Retirement Optional Settlement 2W
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Death Benefit to members covered by this section 14.03.01.
D. Required Employee Contribution
Sworn members covered by this section 14.03.01 will contribute the employee contribution amount established by CalPERS for the 3.0% @ 50 pension formula. The required contribution amount was 9.0% as of the date of this MOU.
Non-Sworn members covered by this section 14.03.01 will contribute the employee contribution amount established by CalPERS for the 2.0% @ 55 pension formula. The required contribution amount was 7.0% as of the date of this MOU.
E. Additional Required Employee Contribution
In addition to the required employee contribution, starting with the pay period beginning November 7, 2015 members covered by this section
14.03.01 will contribute an additional 5.00%. This amounts to a total employee contribution of 14.00% for sworn members and a total employee contribution of 12.00% for non-sworn members.
14.03.02 Employees Hired On or After September 3, 2011 (Tier II) This section 14.03.02 shall apply to employees hired on or after September 3, 2011 and prior to January 1, 2013 who are contributing members of CalPERS.
A. Final Compensation Based on Three Year Average
For purposes of determining a retirement benefit, final compensation for employees covered by this section 14.03.02 shall be based on the member’s highest three year average, defined by CalPERS as any consecutive threeyear period with the highest average pay rate and special compensation.
B. 3.0% @ 55 Pension Formula for Sworn Members
The 3.0% @ 55 pension formula shall be available to all sworn members covered by this section 14.03.02 who are contributing members of CalPERS.
Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to members covered by this section 14.03.02.
C. 2.0% @ 60 Pension Formula for Non-Sworn Members
The 2.0% @ 60 pension formula shall be available to all non-sworn members covered by this section 14.03.02 who are contributing members of CalPERS.
Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to members covered by this section 14.03.02.
D. Required Employee Contribution
Sworn members covered by this section 14.03.02 will contribute the employee contribution amount established by CalPERS for the 3.0% @ 50 pension formula. The required contribution amount was 9.0% as of the date of this MOU.
Non-Sworn members covered by this section 14.03.02 will contribute the
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employee contribution amount established by CalPERS for the 2.0% @ 55 pension formula. The required contribution amount was 7.0% as of the date of this MOU.
E. Additional Required Employee Contribution
In addition to the required employee contribution, starting with the pay period beginning November 7, 2015 both sworn and non-sworn members covered by this section 14.03.02 will contribute an additional
5.00%. This amounts to a total employee contribution of 14.00% for sworn members and a total employee contribution of 12.00% for nonsworn members
14.03.03 Employees Hired On or After January 1, 2013 (Tier III) This section 14.03.03 shall apply to employees hired on or after January 1, 2013 who are contributing members of CalPERS.
A. Final Compensation Based on Three Year Average
For purposes of determining a retirement benefit, final compensation for members covered by this section 14.03.03 shall be based on the member’s highest three year average, defined by CalPERS as any consecutive three-year period with the highest average pay rate and special compensation.
B. 2.7% @ 57 Pension Formula for Sworn Members
The 2.7% @ 57 pension formula shall be available to all sworn members covered by this section 14.03.03 who are contributing new members of CalPERS. Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to members covered by this section 14.03.03.
Employees covered by this section 14.03.03 who are classic members as defined by CalPERS may be eligible for a different pension formula.
C. 2.0% @ 62 Pension Formula for Non-Sworn Members
The 2.0% @ 62 pension formula shall be available to all non-sworn members covered by this section 14.03.03 who are contributing new members of CalPERS. Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to members covered by this section 14.02.03.
Employees covered by this section 14.03.03 who are classic members as defined by CalPERS may be eligible for a different pension formula.
D. Required Employee Contribution
Sworn and non-sworn members covered by this section 14.03.03 will contribute half of the normal cost as established by CalPERS.
In the event employee contribution rates are adjusted by CalPERS during the term of this MOU, the member contribution will be recalculated based upon the updated required member contribution rate established by CalPERS.
E. Additional Required Employee Contribution
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In addition to the required employee contribution, starting with the pay period beginning November 7, 2015 both sworn and non-sworn members covered by this section 14.03.03 will contribute an additional
5.00%.
14.03.04 All Employees
The City will provide the sick leave conversion benefit in accordance with California Government Code Section 20965.
The City shall maintain the IRS 414(h)(2) provision allowing the employee to defer State and Federal income taxes on their PERS contribution.
14.04 Overtime
The City desires to keep overtime work at a minimum but recognizes that from time to time it may be required. To the extent possible, employees will be given advanced notification.
1. Overtime hours described in subsection 4(a) and 5(a) below will be compensated at one and one-half times the employee’s base hourly rate. a. Overtime hours described in Section 14.10 Special Events will be compensated at two times the employee’s base hourly rate.
2. Fair Labor Standards Act (F.L.S.A.) overtime will be compensated at one and one-half times the employee’s regular rate of pay as defined by F.L.S.A.
3. Police Trainees
a. Overtime is defined as all authorized hours on paid status in excess of forty (40) hours in a workweek.
b. F.L.S.A. overtime is defined as all hours required by management and actually worked by the employee in excess of forty (40) hours in a work period as defined by the City.
4. Regular Personnel
a. For all employees other than Police Trainees, overtime is defined as all authorized hours on paid status in excess of the regularly scheduled work day and/or work week. Paid status includes sick, holiday, or vacation time used.
b. F.L.S.A. overtime is defined as all hours required by management and actually worked by the employee in excess of the non-overtime hours allowed in the work period. Pursuant to the 7K exemption under F.L.S.A., 171 non-overtime hours are allowed in a 28-day work period.
The City has the right to decide whether or not the 7K exemption, provided for under the F.L.S.A., shall apply to Police Officers and Sergeants. The City also has the right to select alternate work periods, as defined by the F.L.S.A. If the City exercises its right to invoke the 7K exemption, the Association maintains its right to meet and confer
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over the effects of the City’s decision on matters within the scope of representation.
5. Compensatory Time Off
a. Police Officer Trainees shall receive the first 53.34 hours of overtime accrued in the police academy at the rate of one and one-half times the hours worked, up to a total of eighty (80) hours of banked compensatory paid leave. All additional overtime in the academy shall be paid at the overtime rate as specified in the Police unit’s Memorandum of Understanding (M.O.U.).
In the event that Police Officer Trainees do not successfully complete the academy, any compensatory hours not used will be compensated in salary. b. The use of compensatory time off shall be in accordance with department policy and the FLSA. All regular employees may choose, in lieu of overtime payment, to have overtime hours worked converted to a compensatory time bank at the applicable overtime rate for the number of hours worked or guaranteed. The employees’ compensatory time bank shall not exceed one hundred (100) hours. Employee may elect to cash out accrued compensatory time anytime during the calendar year. All accrued and unused compensatory time during the calendar year will be paid out on the last pay date in December.
14.05 Working Out of Classification
Upon specific assignment by the Chief of Police or their designated representative, an employee may be required to perform the duties of a higher-level classification on a temporary basis due to a termination, vacation, leave of absence, workers’ compensation, or extended sick leave.
Assignments will be made with the following considerations:
1. All out-of-class assignments scheduled to last for an extended period of time (e.g., more than one pay period), must be implemented and approved on a Personnel Action Form (PAF). Assignments shall be given to employees who currently meet the stated minimum qualification of the higher-level classification. Employees appointed on this basis will receive out-of-class pay beginning on the first day of the assignment.
2. Qualified Police Officers may be directed by the management personnel on duty to assume the duties of an absent Police Sergeant on an “acting” basis for a given shift. Such assignments can only be made after the officer has been qualified and authorized on a premium pay form to serve as acting Sergeant.
3. An employee must spend a majority of the scheduled shift performing the duties of the higher-level classification. Out-of-class or acting pay will be the next highest pay step in the classification to which the employee is assigned. In all cases, such pay will not be less than a five (5) percent increase.
In accordance with the Public Employees’ Pension Reform Act (PEPRA), working out of
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classification pay is not pensionable compensation for employees who are “New Members” of CalPERS, as defined by California Government Code Section 7522.04(f).
14.06 Call-back
14.06.01 Definition
Call-back is defined as any time including court appearances an employee is directed to work and actually works for a period not contiguous with their regular shift. For purposes of this Memorandum, the word contiguous will mean any more than fifteen (15) minutes after the end of shift. If an employee is called in less than four (4) hours prior to their regular shift, they will receive overtime pay only up to the start of the regular shift. If an employee, who was called back to work and has completed their assignment and left work is again called back to work, they will not receive another minimum if the time of return is within the previous callback minimum.
An employee required to attend court under this provision, will not be required to perform additional station work if the court assignment is less than four (4) hours.
When an employee is called back to work for any reason including a court appearance while the employee is on pre-approved time off using vacation, holiday, or compensatory hours, the employee will be compensated based on these call-back rules.
When an employee has completed an assigned shift, or is on a regular day off, and is called by a superior officer or anyone acting at the direction of a superior officer, the Chief of Police or their designee, such employee shall receive compensation in the form of overtime pay. Compensation will be paid in one quarter (.25) hour increments based upon the duration of the call. Such pay shall not be required for telephone calls involving staffing availability, shift assignment, or shift coverage. Messages left on an employee’s answering machine shall not qualify for payment unless the superior officer expressly requires the call be returned.
14.06.02 Compensation
All callback hours shall be paid at the applicable overtime rate. A minimum of four (4) hours of overtime compensation shall be paid for all callback periods of less than four (4) hours.
14.07 Standby
Police Officers and Sergeants requested by police commanders to remain at home and available for emergency call-back duty shall be compensated at time and one-half with four (4) hours minimum.
14.08 Police Investigations
14.08.01 Investigations Premium Pay
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A. Officers, Sergeants, and Community Service Officers assigned to the Administration Division, Detective Investigation Section, will receive five percent (5%) special compensation added to their base pay.
B. Officers and Sergeants assigned to the Operations Division, Traffic Investigation Section, will receive five percent (5%) special compensation added to their base pay. Officers and Sergeants who receive this 5% special compensation when assigned to this Section are not eligible to receive the Motorcycle Patrol Premium as described in Section 14.14 of this MOU.
14.08.02 Rotational Duty Assignment
A. Officers and Sergeants assigned to the Administration Division, Detective Investigation Section will be required to be on duty assignment for call-back on a seven-day period rotational basis. During periods of duty assignment, officers will be required to have an investigation vehicle and associated equipment immediately available and either keep the Communications Center advised of their location or maintain call-back availability by carrying a pager.
B. Officers and Sergeants assigned to the Operations Division, Traffic Investigation Section, will be required to be on duty assignment for call-back on a rotational basis. During periods of assignment, officers will be required to have associated equipment immediately available and maintain call-back availability.
14.09 Special Duty Pay
Unit employees scuba diving in the line of active duty (not training) and on orders from a commanding officer shall be compensated at double-time and one-half their hourly rate, with a minimum of four (4) hours. Sufficient training as determined by the Chief of Police within the overall training program of the department shall be provided at City expense for unit employees assigned such special duty.
14.10 Special Events
A special event is defined as an assignment in which the City is reimbursed by an event’s sponsor, not the City, through the Finance Department, for police services.
Officers assigned to cover special events will be paid a minimum of four (4) hours overtime at two times their base hourly rate effective 1/1/2020. Officers assigned to cover a special event during their regularly scheduled shift, shall be compensated on a “straight time” basis for all hours which fall within their regular shift. Seniority sign-up will apply to all events not sponsored (all or in part) by the City of Santa Cruz. All other employment not meeting the guidelines of the above policy will be considered outside employment and will be subject to approval in accordance with Departmental policy.
14.11 Training Officer
At least seven (7) Police Officers and one (1) Community Service Officer, as operational needs dictate and as determined by the Chief of Police, may be assigned as Training Officers and shall receive a 5% differential of base pay for the duration of this
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assignment. A maximum of two (2) Sergeants may also be assigned as Training Officers in addition to the eight (8) Officers referenced above and shall receive a 5% differential of base pay for the duration of this assignment.
If the Chief of Police determines eight (8) Training Officers are insufficient due to the employment of new officers, this limit may be exceeded by the ratio of one Training Officer to one new hire. The appointment of the additional Training Officers is subject to the approval of the City Manager.
In the event that an officer who is not regularly assigned as a Training Officer - but is a POST certified Training Officer - is assigned a trainee for an entire shift, they will also receive a 5% differential of base pay for that shift. The department will make every reasonable effort, however, to assign all trainees to regularly assigned Training Officers.
This section does not apply to trainees who are assigned only to complete a “ride-along” with an officer.
14.12 Tuition Reimbursement
The City shall reimburse employees up to $500 per fiscal year for tuition and books upon successful completion of City-approved college or university courses or other course directly related to an employee’s job duties.
To be eligible for reimbursement, employees must receive approval of the Chief of Police prior to attending classes and comply with applicable department and City regulations.
Effective March 7, 2020, the City will contribute $4,000 per year towards the tuition for a POA member to attend the West Coast Post Trauma Retreat. Any funds which are not utilized will be rolled over to the following year.
14.13 Bilingual Pay
Upon the recommendation of the Chief of Police and approval of the Human Resources Director, the City shall provide a monthly allowance five percent (5%) differential of base pay for bilingual speaking skills. To qualify for this compensation, employees must be certified by the Human Resources Director as conversant in a foreign language utilized frequently in the line of duty.
14.14 Motorcycle Patrol Premium
Officers and Sergeants regularly assigned by management to motorcycle duty will receive five percent (5%) special compensation added to their base pay. Officers and Sergeants are not eligible to receive Traffic Investigations pay (MOU Section 14.08.01-B) when assigned to motorcycle duty.
The City shall provide, replace, or resole motorcycle boots and any other safety equipment approved by the Chief of Police to all employees as determined necessary by management who are approved to ride a motorcycle in an enforcement capacity.
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14.15 Shift Differential
Employees whose regularly scheduled shift includes five ( 5) or more hours between the hours of 12:00 midnight and 7:00 a.m. shall receive a two and one half percent (2.5%) shift differential in addition to their regular base rate of pay.
Shift differential shall be paid for entire shifts worked and will not be paid for hours not worked, regardless of paid status.
14.16 Uniform Allowance and Replacement
The Association agrees that the appearance and cleanliness of unit employees shall be maintained in keeping with departmental standards. To this end the department will maintain a uniform purchase for new hires, replacement and cleaning program. The department will maintain administration procedures for the purchase and replacement of uniforms. In addition, the City and Association agree unit employees will comply with departmental standards with regard to appearance and cleanliness. The City will maintain an account at a dry cleaning establishment located within the city of Santa Cruz. For its part, the Association agrees its members will (a) deliver and retrieve uniforms from the dry cleaning establishment, and (b) not do so while in uniform or a marked Police or City vehicle. The City agrees to consider the use of a dry-cleaning pick-up and delivery service, if it is cost effective.
The City agrees to replace uniforms on an as-needed basis, as determined by the Chief of Police. It shall be the responsibility of each unit employee to arrange for purchasing, fitting, pick up, delivery, return, repair and control of uniform items.
The parties agree that for PERS reporting purposes, the value of the uniform and cleaning service is five hundred and twenty dollars ($520). Employees shall pay the employee PERS cost of the value of cleaning service. Such payment shall be made through a payroll deduction out to her-his paycheck each pay period. The amount of the deduction shall be determined by multiplying the employee’s PERS contribution rate by twenty dollars ($20).
14.17 Personal Property
Should a unit employee, while in the line of duty damage their watch, prescription eyeglasses, or other personal property authorized for use by the department, the City agrees to reimburse employee for the cost of replacement (in kind) up to $150 per incident. In the event the cost of repair or replacement exceeds $150, the employee may be reimbursed for any additional sums that are found to be reasonable. The reasonableness of any such additional sums shall be determined by the Chief of Police. The decision of the Chief of Police is final and non-grievable.
14.18 K-9 Duty
Up to two (2) employees may be assigned by the Chief of Police to the K-9 unit as handlers.
Compensation for this assignment shall be in accordance with the agreements and procedures included in Exhibit D (K-9 Agreement) of this Memorandum of Understanding.
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14.19 Education Incentive
Sworn personnel (Police Officers and Sergeants) are eligible for the following education incentive compensation.
A. Police Officers
AA/AS Degree or Intermediate POST Certificate - 2.5% differential of base pay BA/BS Degree or Advanced POST Certificate - 5% differential of base pay B. Police Sergeants
AA/AS Degree or Advanced POST Certificate - 2.5% differential of base pay BA/BS Degree or POST Supervisory Certificate - 5% differential of base pay Police Officers with an Advance POST Certificate who promote to Police Sergeant will be allowed to maintain their Advance POST incentive pay for a maximum of twenty-four (24) months to enable them to achieve eligibility criteria for a POST Supervisory Certificate.
Non-sworn personnel (Community Service Officers) are eligible for the following education incentive compensation:
C. Community Service Officer
AA/AS Degree – 2.5% differential of base pay
BA/BS – 5% differential of base pay
Employees are only eligible for one incentive program and these pay differentials will not be combined. The education incentive is reportable as income to PERS.
14.20 Overpayments
The City will not attempt to recover overpayments made to employees as a result of an error made by the City which are over twelve (12) months old.
A. Overpayments
If an overpayment or unauthorized payment has been made to a City employee, the City shall notify the employee in writing and supply the employee with the documentation used to determine the overpayment.
If the employee contends that any portion or the entire amount is not owed, they may request a meeting with the City to attempt to resolve the disagreement. The employee may have a representative attend such meeting(s) with them.
B. Repayment of Funds
An employee will pay no penalties, fees, or interest as a result of the overpayment when the City and employee mutually agree upon how the repayment will be made.
The employee shall have the right to select one of the following options for repayment:
1. Lump sum payment with the date mutually established by the employee and the
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City (lump sum payments must be made if the total amount due is five percent (5%) or less than the employee’s biweekly gross salary).
2. Biweekly installment payments through payroll deduction (installment payments must be a minimum of ten dollars ($10) and repayment must be completed within twenty-six (26) pay periods).
3. Any other repayment arrangement mutually agreed upon between the City and the employee.
The final agreement on the repayment will be committed to writing (including the lump sum payment date, or the biweekly amount, and the beginning and ending date of the installment plan identified).
C. Referral to Collections
The City may refer an employee to a collection agency or seek payment only when the employee, after being duly notified of the overpayment and having had the opportunity to review the relevant documentation, refuses to agree to a repayment of the amount owed. The employee will be notified of the referral and the City reserves all its rights to seek repayment and pursue all remedies under law including interest as it would for any other debtor.
14.21 Departmental Technology Coordinator Differential
An employee assigned as a Departmental Technology Coordinator by their Department Head will receive one hundred thirty dollars ($130) premium pay per month during the period of such assignment. Such differential will become effective the first full pay period of the assignment.
SECTION 15.00 – HOLIDAYS
15.01 Holiday Hours & Scheduling
All employees shall be granted one hundred twelve (112) hours of holiday on the first pay day after the start of the fiscal year. This is to reflect the paid holidays currently observed by the City.
New Year’s Eve Day (1/2 day)
New Year’s Day
Martin Luther King’s Birthday
President’s Day
Memorial Day
Independence Day
Labor Day
Juneteenth
Veterans’ Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve (1/2 day)
Christmas Day
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When a holiday falls on Sunday, the following Monday shall be observed. When a holiday falls on Saturday, the proceeding Friday shall be observed.
Employees required or approved to work on any of the above-listed holidays or employees whose regular day off falls on a holiday, shall receive equivalent time off at a later date.
Whenever possible, employees are expected to observe the City’s holiday schedule by taking the actual holidays off, with pay.
15.02 Holiday Bank
Employees shall be credited with one hundred twelve (112) hours of holiday pay on the first day of the pay period that includes July 1 of each year. This amount will be prorated for new hires. Employees will be permitted to use up to the maximum amount available. Upon separation, employees shall receive the value of their unused banked holiday leave.
Accumulation of holidays shall not exceed one hundred twelve (112) hours.
15.03 Holiday Carry-Over
On the last pay day in June each year, up to forty (40) hours of unused holiday time will transfer to employees’ vacation balances, not to exceed the vacation accrual maximum set out in Section 16.02-Rate of Maximum Vacation Accrual.
15.04 Eligibility
To qualify for holiday pay, an employee must be on paid status on their last scheduled workday before the holiday and their first scheduled day after the holiday.
SECTION 16.00 - VACATION
16.01 Accrual
Vacation accrual will be on a monthly basis beginning at date of hire. Employees must be on paid status at least 50% of the pay period to accrue vacation leave. Upon authorization by a manager, a probationary employee may use accrued vacation leave, with an equal, corresponding extension of the probationary period of regular hours worked.
Annual vacation accrual shall be based on continuous service, as follows:
Up to five (5) years: Eighty (80) hours
Six (6) to ten (10) years: One hundred twenty (120) hours Eleven (11) or more years: One hundred twenty (120) hours, plus eight (8) hours for each year of service after ten (10) years, to a maximum of one hundred sixty (160) hours.
16.02 Rate of Maximum Vacation Accrual
Vacation accumulation may not exceed twice the annual rate of accrual, unless prior written authorization for a specified amount of hours and a specified amount of time is received
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from the Chief of Police and the Human Resources Director. Employees will receive at least sixty (60) days’ notice prior to exceeding their maximum accrual rate.
16.03 Sell Back of Vacation
Employees with at least five (5) years of service may designate up to forty (40) hours of vacation time as cashable in the next calendar year. In order to take advantage of this option, a balance of at least forty (40) hours of vacation must be maintained after the vacation cash out.
An employee must irrevocably elect by December 1st each year to receive any of the annual leave hours they will earn in the following calendar year as cashable. The City will create an account where the employee’s designated cashable accruals will be credited. This will be kept separate from the employee’s annual vacation leave accrual account. The employee’s election must designate the amount of their annual vacation leave earned each pay period which they wish to have credited. Starting with the first pay period of the calendar year, the cashable annual vacation leave will be credited with the designated amount of annual vacation leave each pay period until the employee’s full election has been reached not to exceed forty (40) hours.
Any annual vacation leave being earned in a pay period which is not credited to the employee’s cashable account will be deposited in their regular annual vacation leave account.
Elections will not carry over from one calendar year to the next calendar year. An employee who fails to elect by December 1st each year, will be deemed to have elected not to participate and they will be prohibited from receiving any vacation cash out.
All vacation hours designated as cashable must be paid out to the employee in the calendar year in which these hours are earned. An employee cannot request the pay out of any vacation hours until those hours have been earned and accrued in their account. Since no vacation pay out can carry over to the following year, the City will initiate a pay out of all hours accrued no later than the last pay date of the year unless the employee has requested those hours to be paid out pursuant to the above language.
16.04 Injury or Illness While on Vacation
An employee who becomes ill or is hospitalized while on vacation and provides a written statement from a licensed medical practitioner to this effect shall have the period of illness charged against sick leave and not vacation leave.
SECTION 17.00 - SICK LEAVE
17.01 Definition
The purpose of this article is to provide paid leave time to be used by employees in the event of their need for preventive healthcare, care of an existing health condition, as victims of domestic violence, sexual assault or stalking, and for the necessity of designated family
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members for the reasons specified below in Section 17.02.01-Family Sick Leave In the event that the City exercises its right to withhold immediate payment of industrial disability benefits, and until such time that a coverage determination is made, employees may elect to utilize accrued paid leave, including sick leave, for the interim period.
17.02 Accrual and Use
Full-time employees in paid status at least fifty percent (50%) of the pay period shall accrue sick leave at the rate of eight (8) hours per month. An employee must be in paid status for at least fifty percent (50%) of a pay period to earn their sick leave accrual.
Part-time employees shall accrue sick leave on a pro-rated basis, given the ratio of their budgeted work schedule to full-time (e.g., all employees working in a twenty (20) hour/week position shall receive four (4) hours of sick leave each month.
When accrued sick leave must be used, an employee will notify their immediate supervisor of the leave and its probable duration, if known, at least two (2) hours prior to the regular scheduled starting time. When the employee’s need to use sick leave is foreseeable, the employee must provide reasonable advance notice. Sick leave shall not be granted unless such report or advance reporting has been made.
Employees shall be eligible for the sick leave advance program as specified in the Personnel Rules and Regulations rule #10.8-Sick Leave Depletion Allowance.
17.02.01 Family Sick Leave
Up to forty-eight (48) hours of accrued sick leave per fiscal year may be used when the employee’s personal attendance is required to care for an immediate family member for preventive care, care of an existing health condition, or if they are a victim of domestic violence, sexual assault, or stalking. For the purposes of this provision, immediate family is defined as a spouse, child, parent, sibling, registered principal domestic partner, step-parent, grandparent, grandchild, or other close relation residing in the employee’s household. This forty-eight (48) hour limitation may be extended by the Human Resources Director with good cause.
17.02.02 Bereavement Leave
An employee may utilize accrued sick leave for purposes of bereavement. A leave of absence with pay of up to forty (40) hours per incident is available to an employee in the event of a death in the employee’s family which shall, for the purpose of this article, include spouse, parent, child, grandparent, sibling, parent-in-law,sibling-in-law, registered principal domestic partner, grandchild of the employee or spouse, child-in-law, grandparent-in-law, or a close relation residing in the employee’s household. In rare cases when the individual has no legal relationship other than a foster or step-parent, the Human Resources Director or City Manager has the discretion to approve that leave upon application. Additional leave equivalent to one (1) scheduled work week, chargeable to accrued sick leave, may be taken by an employee who needs additional time off in connection with a death in the family
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(as defined in this article).
17.02.03 Personal Business Leave
In accordance with departmental time off procedures, employees may use up to twentyfour (24) hours per fiscal year of their accrued sick leave for the purpose of personal business which shall not include recreational activities.
17.03 Limitations
The Chief of Police may require an employee to submit verification of an illness or injury from a licensed medical practitioner prior to any use of sick leave being authorized.
In cases of chronic absenteeism or medical work restrictions, the Chief of Police may have an employee examined by a City-selected physician. The City shall pay the cost of the any such medical exam.
17.04 Sick Leave Incentive Program
1. On the last paydate in June each year, employees who have accumulated more than four hundred (400) hours of sick leave must choose one of the following options:
A. To receive a cash pay-off, or equivalent vacation hours, of all hours in excess of four hundred (400) at the rate of thirty-three percent (33%) of their current rate of pay.
B. To “bank” all hours in excess of four hundred (400). Banked hours may not later be converted to cash and will be used as sick leave only when all other sick leave is exhausted.
2. Employees who have an excess of four hundred (400) hours of unbanked sick leave at the time of separation from the City will receive a payoff of all hours over four hundred (400) hours at the rate of thirty-three percent (33%) of the employee rate of pay.
3. Employees who retire and are eligible for retiree health coverage, pursuant to Section
19.04-Retiree Medical Incentive of this agreement, shall also be eligible to receive the equivalent dollar credit for retiree health coverage at the rate of thirty-three percent (33%) of their current rate of pay for all unused sick leave hours. This amount will be maintained by the City for the reimbursement of retiree health coverage. (This section will not be available to employees who chose to utilize the PERS sick leave Service Credit option.)
17.05 Emergency Illness Leave
Pursuant to Side Letter Agreements dated March 2009 and August 2010, employees
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who were employed as of March 10, 2009 were provided one-hundred-four (104) hours of Emergency Illness Leave with the following two restrictions:
1. Emergency Illness Leave hours could be used only when all other sick leave is exhausted, and
2. In accordance with CalPERS rules and regulations, Emergency Illness Leave is non-reportable compensation and cannot be converted to cash.
During the term of this MOU, restriction #1 above is rescinded and restriction #2 remains in place.
SECTION 18.00 - LEAVES OF ABSENCE
18.01 Military Duty
An employee who is a member of the National Guard or any reserve component of the armed services of the U.S. shall be granted up to thirty (30) days per year of paid leave for any active duty scheduled during the employee’s regular work hours. The employee must give their supervisor forty-eight (48) hours advance notification of the need for such leave and must present a copy of the “notice” for such duty. All other military leaves shall be granted pursuant to relevant state and federal statutes.
18.02 Workers’ Compensation
A non-safety employee who is unable to work due to a work-incurred illness or injury that is compensable under the California Workers’ Compensation Act shall continue to receive the full amount of their salary during the first thirty (30) calendar days of such absence.
City leave payments so made to the employee shall be decreased in the amount of any temporary disability payments received by the employee so that the employee shall not receive total payments in excess of their full salary.
After the first thirty (30) calendar days of such leave, an employee who is entitled to continued temporary disability payments may use accumulated sick leave or vacation to supplement such payments to an amount equal to their full salary. After depleting of any accrued paid leaves the employee shall be eligible for benefits only in the amounts prescribed by the workers’ compensation laws.
Safety employees shall receive workers’ compensation benefits pursuant to Section 4850 of the Labor Code.
Light duty assignments may be made in accordance with medical authorization.
18.03 Light Duty
The City recognizes the importance of providing support and encouragement to police department employees who are recovering from an injury or illness in an effort to assist in making a complete and healthy recovery. Therefore, the City agrees to temporarily provide at least two (2) light duty assignments which are less strenuous and less hazardous for police
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department employees who are recovering from an injury or illness, including pregnancy.
The availability of additional assignments is at the sole discretion of the Chief of Police.
Priority will be given to accommodating temporary light duty requests from employees recovering from work-related injuries or illnesses. The intent of a temporary light duty assignment is to provide modified work duties which are beneficial to the employee by keeping them productively active, involved, and informed in department activities, and beneficial to the City by the employee’s work contributions and involvement during the recovery period. This is not intended to deprive the employee of using accumulated sick time if they so desire. The temporary assignment will be consistent with the employee’s physical abilities and department needs. The modified duties will reflect recommendations and limitations prescribed by the attending physician. Following are conditions for providing an employee with a light duty assignment:
1. That the temporary assignment may result in a change of shift but not a change in the employee’s schedule as defined in Section 13.02 (4 Day/10 Hour Plan). An employee may lose shift differential pay as a result of this shift change.
2. That the duties to be performed in said temporary assignment shall be those designated by the Chief of Police provided that the duties shall be consistent with the written recommendations of the employee’s physician.
3. Said employee shall not be increased or reduced in pay or benefit solely by virtue of said temporary assignment but may forfeit incentive pays if they are no longer eligible.
4. Provided that the City may verify said disability by having said employee examined by a physician of City’s choosing at City’s expense.
5. If an employee on temporary light duty assignment is required to remain available by radio, cell phone, or other means, during their meal break then the meal break will be paid. If an employee on temporary light duty assignment is not required to remain available as above during their meal break, then the meal break will be unpaid. Unpaid meal breaks will not exceed thirty (30) minutes.
18.04 Medical or Personal Leave
Leave of absence without pay may be granted to an employee in a case of extended illness or disability, personal emergency or other situation where such absence would not be contrary to the best interests of the City. Such unpaid leave will only be granted after an employee has depleted all appropriate paid leaves. The department head may grant a leave of absence of up to thirty (30) consecutive calendar days; additional leave may only be granted by the City Manager. No vacation, holidays, sick leave, or any other paid benefit shall be accrued or earned during such leave. All requests for unpaid leaves of absence must be made in writing and include specific begin and end dates for the leave. Employees on Military Leave pursuant to Section 18.01 are not subject to the leave depletion requirement.
Denials of unpaid leaves of absence shall be given in writing and contain the reason therefore.
18.05 Pregnancy Disability Leave
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An employee may take a leave of absence of up to four (4) months in length for the purpose of pregnancy disability leave. The City may request a licensed medical practitioner’s opinion regarding any work restrictions that may exist prior to or after delivery.
Requests for pregnancy disability leave must be made in writing to the Chief of Police at least thirty (30) days in advance of the anticipated starting date. Such requests must include specific begin and end dates for the leave. Starting dates should be as accurate as possible barring any unforeseen medical issues related to the pregnancy or earlier or later birth than expected. Any requests for extension of pregnancy disability leave must be made in writing to the Chief of Police at least ten (10) calendar days prior to the scheduled end of the existing leave.
The employee may elect to use any appropriate paid leave either before or after an approved pregnancy disability leave, within the use limitations of these leave provisions. No combination of pregnancy disability leave, family leave, sick leave, or vacation may exceed one year total or seven (7) months post-partum.
Any additional post-partum leave may be approved by the City Manager or his designee after consideration of the nature of the request and the operational needs of the department.
Upon return to work, the employee shall be assigned to the same position but not necessarily to the same assignment.
18.06 Family Leave
In accordance with the Federal Family and Medical Leave Act and the California Family Rights Act, the City will grant job protected unpaid family and medical leave to eligible employees for up to twelve (12) weeks, (continuous or cumulative). Effective January 1, 2016, the City will begin using a “rolling” twelve (12) month period measured backward to establish the 12-month period.
Family leave may be taken for any one or more of the following reasons:
A. The birth of a child and in order to care for such child or the placement of a child with the employee for adoption or foster care including the child of a domestic partner (leave for this reason must be taken within the twelve (12) month period following the child’s birth or placement with the employee). In any case in which both parents are employed by the City of Santa Cruz and are entitled to leave, the aggregate number of workweeks of leave to which both may be entitled is limited to twenty-four (24) workweeks during any twelve (12) month period if leave is taken for the birth or placement for adoption or foster care of the employee’s child or child of the employee’s domestic partner.
B. In order to care for a spouse, domestic partner, child, parent, parent-in-law, grandparent, grandchild or sibling of the employee who has a serious health condition.
C. The employee’s own serious health condition that makes the employee unable to perform any one or more of the essential functions of their position.
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D. Military family leave, which includes:.
1. “Qualifying Exigency Leave” may be taken if the employee’s spouse, son, daughter, or parent is on covered active duty or called to covered active duty status in the Regular Armed Forces during deployment to a foreign country or in the National Guard and Reserves during deployment to a foreign country under a call or order in support of a contingency operation; qualifying exigencies may include short-notice deployment, attending certain military events, arranging for alternative childcare and school activities, addressing certain financial and legal arrangements, attending certain counseling sessions, rest and recuperations, and attending postdeployment reintegration briefings.
2. “Military Caregiver Leave” of up to twenty-six (26) workweeks in a twelve (12) month period may be taken by an eligible employee who is the spouse, son, daughter, parent, or next of kin of a “covered servicemember”, in order to care for the covered servicemember with a serious illness or injury incurred or aggravated in the line of duty while on active military duty.
a. In any case in which both parents are employed by the City of Santa Cruz and are entitled to leave to care for a covered servicemember, the aggregate number of workweeks of leave to which both may be entitled is limited to twenty-six (26) workweeks during any twelve (12) month period.
Conditions covering the leave shall include the following:
E. Eligible employee means having been employed by the City for twelve (12) months and has worked for at least one thousand two hundred fifty (1,250) hours during the twelve (12) month period immediately preceding the commencement of the leave;
F. Medical verification is required for employee or ill family member for medical leave period;
G. Employees are required to give at least thirty (30) days written notice in the event of a foreseeable leave. In unexpected or unforeseeable situations, an employee should provide as much written notice as is practicable.
H. Employees are required to use accrued vacation as a part of the family leave period.
Use of sick leave is not required, but may be used pursuant to the applicable provisions of this Memorandum of Understanding.
I. Pregnancy disability is not covered under this section and is covered by the California Fair Employment and Housing Act which allows up to four (4) months of leave depending on the actual disability (see Section 18.05).
J. Employees retain “employee” status while on family care leave. The leave does not constitute a break in service for purposes of longevity, and/or seniority. Upon
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return to work, employee will be reinstated to an equivalent position with equivalent pay and benefits.
K. Any request for additional leave may be made pursuant to Section 18.04.
L. Benefit premiums shall be made in accordance with the Federal Family and Medical Leave Act and the California Family Rights Act. Under the current law, the City will continue to maintain coverage under the same conditions as coverage would have been provide if the employee had been continuously employed during the leave period.
M. Any other conditions or interpretations of this leave shall be based upon the Federal Family and Medical Leave Act and the California Family Rights Act.
18.07 Continuation of Insurance Benefits during Unpaid Leaves of Absence City-sponsored insurance benefits may be continued during unpaid leave of absence under the following conditions:
18.07.01 Personal Leave
The City shall continue to pay benefit premiums during a personal leave of thirty (30) calendar days or less.
For leaves of more than thirty (30) calendar days the following shall apply:
Employees may continue premium payments at their own cost, in accordance with appropriate PERS or other appropriate medical plan provisions.
18.07.02 Family Leave
Benefit premiums shall be made in accordance with the Federal Family and Medical Leave Act and the California Family Rights Act. Under the current law, the City will continue to maintain coverage under the same conditions as coverage would have been provided if the employee had been continuously employed during the leave period.
18.08 Blood Donations
An employee may be granted paid release time of up to a maximum of one (1) hour for donating blood during regularly scheduled hours of work. The length of such leave must be approved by the supervisor and is dependent upon the nature and scheduling of the work performed and the travel distance required.
18.09 Absence for Examination
An employee will be granted paid release time to participate in any part of an examination process for promotion or transfer within the City workforce that is scheduled during the employee’s regular hours of work. The employee shall notify their immediate supervisor twenty-four (24) hours in advance of such an absence. In the event operational necessity as determined by the Chief of Police precludes an employee from being granted paid release time to participate in any part of an examination process, the City shall make
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accommodations to offer the affected employee an opportunity to complete the testing process.
SECTION 19.00 - BENEFITS
19.01 Medical Plan
The City will provide medical insurance through the California Public Employees’ Retirement System (CalPERS). The City will contribute an amount to CalPERS pursuant to Government Code Section 22892 of the Public Employees Medical and Hospital Care Act (PEMHCA).
In accordance with IRS Code Section 125, the City will provide a flexible benefits plan (“cafeteria plan”) to all eligible employees. If an employee elects to participate in a medical plan, the maximum City contributions to the cafeteria plan is the cost of the Blue Shield Access+ HMO Plan (for Region 1) less the following employee contribution amounts, effective February 22, 2020:
Employee Only: $46.50 per pay period
Employee and One Dependent: $65.40 per pay period
Family: $69.00 per pay period
In no event will the maximum monthly City contribution exceed the premium for the plan in which the employee is enrolled. In no event will employees be credited with and receive cash back based on the plan chosen.
These pre-tax contributions are made during pay periods where employee deductions for health care benefits are taken (24 pay periods annually).
19.01.01 Optional Benefits
Through the cafeteria plan, employees may enroll in the following optional benefits and elect to pay premiums on a pre-tax basis:
1. Medical reimbursement account (MRA)
2. Dependent care assistance plan (DCAP)
3. Cancer and Critical Illness Protection Insurance
Employees may also enroll in the following optional benefits and elect to pay premiums on a post-tax basis:
4. Additional life insurance
5. Accident protection insurance
6. Long term care insurance
Employees may elect to waive City medical coverage and receive a cash benefit. In order to receive the medical waiver benefit, the employee must provide proof to the City of other current medical coverage. Full-time employees who waive medical coverage are eligible to receive $200 per month; part-time employees shall receive a pro-rated amount, based
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upon their full-time equivalency (FTE). The medical waiver amount may be applied toward the purchase of any pre-tax or post-tax optional benefits, or paid as a taxable cash benefit.
Employees receiving the medical waiver benefit must notify the Human Resources Department if they cease to be covered by any other medical plan, thereby making them ineligible for the medical waiver benefit.
19.02 Principal Domestic Partners
The City will provide medical, dental, and vision benefits to employees with Principal Domestic Partners equivalent to those provided to an employee’s spouse. Employees may enroll their eligible Principal Domestic Partners and the eligible dependents of their Principal Domestic Partners subject to eligibility requirements established either by CalPERS or the City and subject to tax regulations of the State of California and the Internal Revenue Service of the United States government.
19.03 Retiree Medical Plan
Covered employees who retire under the provisions of the City’s contract with CalPERS, are currently eligible to continue CalPERS medical coverage. The City will continue to contribute a monthly amount to CalPERS pursuant to Government Code Section 22892 of the Public Employees Medical and Hospital Care Act (PEMHCA).
The City contribution will be based on an annual CPI adjustment as determined by CalPERS.
19.04 Retiree Medical Incentive
Employees currently on the City’s retiree medical plan and future covered employees who receive a retirement from PERS and have at least five (5) years of continued service with the City and are at least fifty (50) years of age will receive a retiree medical incentive in the amount of $139 per month in addition to the City’s contribution listed in Section 19.03 (Retiree Medical Plan). This incentive will continue as long as the employee continues PERS medical coverage through the City of Santa Cruz and until such time as the retiree is eligible for Medicare (currently age 65) or other federal or state health programs, solely on account of age. Employees shall remain eligible for the retiree medical incentive even if their service retirement is classified or reclassified as a disability retirement.
Retirees eligible for the PERS retiree incentive listed above, with more than twenty (20) years of City service, will have their medical incentive increased to 75% of the cost of the employee-only coverage of the second highest PERS HMO plan from only among those plans available in Santa Cruz County at the time of ratification of this agreement, less the contribution listed in Section 19.03 (Retiree Medical Plan).
19.05 Dental and Vision Program
The City shall provide a dental plan for employees and their eligible dependents at no premium cost to employees with the following minimum benefit provisions:
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In-Network Out-of-Network
Annual Deductible None None
Annual Benefit $2,500 per person $2,500 per person
Maximum, Excluding
Orthodontia for Children
Preventative 100% 100%
Basic Benefits 90% 85%
Prosthodontic Benefits 60% 60%
Orthodontia 50% up to $2,500 50% up to $2,500
lifetime maximum per lifetime maximum per
person, up to age 23 person, up to age 23
The City shall provide a vision plan for employees and their eligible dependents at no premium cost to employees with the following minimum benefit provisions:
Co-pays $7.50 (does not apply to contacts)
Exam 100% every 12 months
Prescription Lenses 100% every 12 months
Frames 100% up to$105 plus 20% off any out-of-
pocket costs every 24 months
Contacts 100% (in lieu of glasses) up to $100 every 12 months
19.06 Long Term Disability
The City shall contribute the full cost of the City-sponsored long-term disability program.
This benefit shall be considered taxable income.
19.07 Life Insurance
The City shall contribute the full cost toward the following City-sponsored term life insurance program:
Basic Life: $50,000
19.08 Counseling Services
a. Critical Incident Stress Debriefing (CISD)
The City agrees to provide adequate funding for the duration of this contract so as to make available the necessary Critical Incident Stress Debriefing counseling utilizing the service of the present provider, except that the City may change providers after consultation with the Police Officer Association. b. Psychological Counseling
The City agrees to provide sufficient funding for the duration of this contract for psychological counseling services which will address duty related stress/trauma. Counseling services made available will also include an alcohol abuse treatment component. Maintenance of confidentiality will be held within the legal confines of the client-therapist relationship. The provider shall supply, on an annual basis, all current documentation to confirm appropriate credentials
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and liability coverage. The provider of this service shall be mutually selected by the City and the Police Officers’ Association.
SECTION 20.00 - EMPLOYER RESPONSIBILITY
In case any officer is named in a civil suit resulting from their official duties with the City, the City will defend such officer within the limit of the law.
SECTION 21.00 - VESTS
The City agrees to provide safety vests for Police Officers, Sergeants, and Community Service Officers. Police Officers and Sergeants agree to wear department issued fitted safety vests at all times while in uniform. The wearing of safety vests shall be optional for officers assigned to work in plain clothes. Upon the receipt of sufficient medical evidence, an employee may be exempted from this provision by the Chief of Police.
SECTION 22.00 - SERGEANT PROMOTIONAL EXAM
When a promotional eligible list (as defined in the Personnel Rules and Regulations) is used to fill a Sergeants position and that promotional list includes employees represented by this agreement, the Human Resources Director shall certify the top five (5) eligibles, in alphabetical order, if there be that number, on the relevant promotional list to the Chief of Police. If there be more than one (1) vacancy in the same class, the Human Resources Director shall certify one (1) additional eligible for each additional vacancy, if there be candidates available on the eligible list.
SECTION 23.00 - EMERGENCY MEALS
Employees will be entitled to emergency meals in accordance with current practice and relevant department and City regulations.
SECTION 24.00 - GRIEVANCE PROCEDURE
24.01 Purpose
To assure prompt and fair treatment of employee grievances related to employment. Any employee covered by this Memorandum may file a grievance.
24.02 Definition
A grievance is defined as an alleged violation, misinterpretation, or misapplication of the provisions of this Memorandum, the City’s Personnel Rules and Regulations, or the department’s general orders.
24.03 Limitations
1. A grievant may be represented by any representative of their choosing in preparing and presenting a grievance.
2. No reprisal shall result against any employee who presents a bona fide grievance
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under this procedure.
3. Time limits may be extended by written mutual agreement of the parties.
4. A grievance shall be considered settled in favor of the other party, if at any step, a decision is not rendered or appealed within the specified time limit.
5. Only upon mutual written agreement between the parties may Step I of the grievance procedure be waived.
24.04 Procedures
Step I
The grievant will first attempt to resolve the grievance through informal discussions with successive levels of supervision beginning with their immediate supervisor through the chain of command exclusive of the Chief of Police. These discussions must be initiated within ten (10) workdays of when the employee knew, or reasonably should have known of the incident upon which the grievance is based. Every attempt will be made by the parties to settle the issue at this level.
Step II
If the grievance is not resolved through the informal discussions the employee may, within ten (10) workdays after the informal discussion, submit a written appeal to the Chief of Police.
The written appeal must contain in clear, factual and concise language:
1. A brief statement as to the date of the occurrence on which the grievance is based and the facts as the grievant sees them.
2. The rule, regulation, act, or law enforcement code of ethics on which the grievance is based.
3. The action the grievant believes will resolve the grievance.
4. Signature of the employee.
The Chief of Police shall have ten (10) workdays following receipt of the appeal to review the matter and prepare a written response. Copies shall go to the parties involved and the Human Resources Department.
Step III
If the grievance is not resolved, the grievant may, within ten (10) workdays following receipt of the Chief’s response, appeal to the City Manager or their representative, stating in writing the basis for the appeal.
The City Manager or their representative shall set a hearing within ten (10) working days of receiving the appeal. The grievant, their representative, and other parties summoned by the City Manager or representative shall attend the hearing and present testimony or evidence concerning the grievance. The parties may bring a reasonable number of witnesses to the hearing.
The City Manager or their representative shall render a written decision to all parties directly involved within fifteen (15) working days following the hearing.
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Step IV
If the grievance is not resolved to the satisfaction of the grievant at the conclusion of Step III, the grievant may appeal the decision of the City Manager to a neutral arbitrator, provided they so inform the City in writing within ten (10) working days following receipt of the City Manager’s decision.
Within ten (10) working days from the date of receipt of the appeal, the parties may mutually agree on a neutral party from an independent source to serve as an arbitrator. In the event the parties fail to agree on the neutral party, they shall immediately thereafter jointly request the California State Mediation and Conciliation Service to submit to them a list of five (5) persons qualified and available to act as arbitrator.
If such a list is requested from the State Mediation and Conciliation Service, the parties within ten (10) working days of receipt of the list, shall mutually agree upon the person on the list who shall be the Arbitrator. If one (1) person is not mutually agreed upon, the parties shall within ten (10) working days after receipt of the list of names alternately strike two (2) names from such list with the last remaining name to be the person serving as Arbitrator. The party having first choice to strike a name from the list shall be determined by lot.
The Arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of this Agreement, or impose on any party hereto a limitation or obligation not explicitly provided for in this Agreement, or to alter any wage rate or wage structure. The decision of the Arbitrator shall be rendered after the evidence and arguments are presented to them by the parties in the presence of each other and in post-hearing briefs, if necessary.
The decision of the Arbitrator shall be final and binding upon the parties.
The Arbitrator is requested to expedite the decision as the parties normally expect a decision to be issued within fifteen (15) working days after the conclusion of the hearing.
The Arbitrator’s expenses, if any, shall be borne equally by the parties. Each party shall bear the cost of its own representation.
SECTION 25.00 - DISCIPLINARY APPEALS PROCEDURE
25.01 Definition
For the purposes of this article, disciplinary action shall mean suspension, demotion, disciplinary reduction in salary or discharge.
The appeal procedure described herein shall apply to cases of disciplinary action affecting regular employees. It shall not be applicable to probationary employees. Employees have the right to representation at any or all stages of the appeal process.
25.02 Pre-Action Procedure
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Step 1
Prior to imposing disciplinary action, the supervisor shall first provide the employee a preliminary written notice of the proposed action stating the effective date and the specific grounds and particular facts upon which the action will be taken. The employee shall have access to any known written materials, reports or documents upon which the action is based.
If the employee decides to exercise their right to respond to the charges (Skelly hearing), they shall advise the Chief of Police of their desire to exercise their rights within five (5) working days from receipt of notice. The Chief of Police and the employee (or the employee’s representative) shall then schedule the Skelly hearing within five (5) working days of the employee’s notification of their request to have a Skelly hearing. If the Chief of Police is personally involved in the initial investigation and notice process, the City Manager or Human Resources Director shall appoint a designee to hear the response.
The employee may request an extension of the time to respond for justifiable reasons.
Failure to respond within the time specified will result in the employee’s waiver or their procedural rights and final action will be taken.
Step II
Following a review of a proposed disciplinary action, the Chief of Police, within five (5) working days of receiving the employee’s response, shall render a written decision and send it by registered mail or personal delivery to the employee. A copy shall also be mailed to the employee’s representative. The written decision will include the effective date of the disciplinary action.
The employee has the right, within five (5) working days after receiving the decision, to file a request for appeal with the City Manager. The appeal shall be a written statement, signed by the appellant, explaining the matter appealed from, stating the action desired by the appellant, with their reasons, therefore, and stating that the pre-action procedures have been exhausted.
25.03 Post-Action Appeal
Step III
If the employee files a timely appeal, the City Manager shall, within ten (10) working days after receiving the appeal, designate a hearing officer who shall schedule a hearing not less than ten (10) working days from the date the appeal was received.
The hearing officer may conduct such independent investigation of the matter as they deem necessary. The appellant shall be given the opportunity to answer or present evidence in opposition to the findings of this independent investigation.
The appellant shall appear personally at the scheduled hearing unless physically unable to do so. The appellant or their representative may produce relevant oral or documentary evidence at the hearing.
Within fifteen (15) working days following the hearing, the hearing officer shall render a written decision to all parties involved. The hearing officer has the authority to affirm, repeal or modify the disciplinary action.
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For discipline equivalent to the severity of suspension of three (3) days or less, there shall be no appeal beyond Step III and the City Manager’s decision shall be final.
Step IV
If the appeal (except as exempted above) is not resolved to the satisfaction of the appellant at the conclusion of Step III, the employee may appeal the decision of the City Manager to a neutral arbitrator, provided it so informs the City Manager in writing within ten (10) working days following receipt of the City Manager’s decision.
Within ten (10) working days from the date of receipt of the appeal, the parties may mutually agree on a neutral party from an independent source to serve as an arbitrator. In the event the parties fail to agree on the neutral party, they shall immediately thereafter jointly request the California State Mediation and Conciliation Service to submit to them a list of five (5) persons qualified and available to act as arbitrator.
If such a list is requested from the State Mediation and Conciliation Service, the parties within ten (10) working days of receipt of the list, shall mutually agree upon the person on the list who shall be the arbitrator. If one (1) person is not mutually agreed upon, the parties shall within ten (10) working days after receipt of the list of names alternately strike two (2) names from such list with the last remaining name to be the person serving as arbitrator. The party having first choice to strike a name from the list shall be determined by lot.
The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of this agreement, or impose on any party hereto a limitation or obligation not explicitly provided for in this agreement, or to alter any wage rate or wage structure.
The decision of the arbitrator shall be rendered after the evidence and arguments are presented to them by the parties in the presence of each other and in post-hearing briefs, if necessary. The decision of the arbitrator shall be final and binding upon the parties.
The arbitrator is requested to expedite the decision as the parties normally expect a decision to be issued with fifteen (15) working days after the conclusion of the hearing.
The arbitrator's expenses shall be borne equally by the parties. Except that each party shall bear the cost of its own representation.
SECTION 26.00 - WRITTEN REPRIMANDS
A written reprimand may be issued by an employee’s supervisor if an employee has violated a City rule, provision of the M.O.U., or if their performance is in need of improvement. Written reprimands shall be placed in the employee’s personnel file for a period not to exceed five (5) years, after which they will be destroyed. An employee shall have the right to prepare a written response to the reprimand and have said response placed in their personnel file. An employee may appeal the supervisor’s decision to issue a written reprimand to the Chief of Police by filing a written appeal to the Chief of Police within ten (10) working days of receipt of the reprimand. The written appeal may include a request to present the appeal orally to the Chief of Police. If the Chief is not reasonably available, they will render a decision from the written appeal. An employee may request an extension of the time to respond for justifiable reasons.
20.49 48
The Chief of Police’s decision regarding the written reprimand shall be final; unless, the reprimand originated with the Chief of Police in which case the employee shall have the right to appeal the department head’s decision to the City Manager.
SECTION 27.00 - ENFORCEMENT OF TERMS
The Association agrees to enforce the terms of this Memorandum and recognizes the right of management to institute a grievance against the Association in the event the Association does not, through a member, comply with this Memorandum.
SECTION 28.00 - SEVERABILITY
This Memorandum is subject to all current, future and applicable federal and state laws, state regulations, the Santa Cruz Charter, and the State Constitution.
Should any of the provisions herein contained be rendered or declared invalid by reason of State or Federal legislation or court action, such invalidations of such part or portions hereof shall not invalidate the remaining portions hereof and they shall remain in full force and effect, insofar as such remaining portions are severable.
SECTION 29.00 - LAYOFF POLICY & PROCEDURE
All represented employees shall be subject to the layoff policy and procedure provided in this section.
29.01 Layoffs
The City reserves the right to reduce its workforce by layoff of employees for reasons of economy or changes in departmental operations. When one or more employees assigned to the same classification within the department are to be laid off, the order of layoff shall be as follows:
1. Casual on-call
2. Temporary
3. Casual, less than half time
4. Probationary
5. Regular
The order of layoffs shall be governed by seniority in classification from the date of hire in the classified position.
29.02 Bumping
Bumping is defined as a voluntary movement of an employee to be laid off from their current classification to a previously held lower classification or reclassified position held by an employee with less seniority. Bumping privileges may be exercised within the Police Department. An employee with sufficient seniority to bump an employee in a lower classification shall bump the least senior person in that classification.
20.50 49
For bumping purposes, seniority shall be defined as time in the affected classification added to time in a directly related higher classification.
29.03 Notification
Employees to be laid off shall be given not less than fifteen (15) working days written notice prior to the reduction in force. An employee wishing to bump to a lower classification shall provide written notice to the City within ten (10) working days of receiving their layoff notice.
29.04 Reinstatement
Should there be a vacancy in the classification from which an employee was laid off within thirty-six (36) months the employee shall be eligible for reinstatement. It shall be the employee’s responsibility to notify the Human Resources Department of their current address. Every effort shall be made to notify the affected individual of any reinstatement opportunity. Reinstatement shall be in the reverse order of layoff.
SECTION 30.00 - POLICE DEPARTMENT RESOURCE ALLOCATION COMMITTEE The parties shall convene an Advisory Police Department Resource Allocation Committee (“Committee”) to explore and discuss resource allocation within the Santa Cruz Police Department.
The Committee meetings shall not constitute “meet & confer” as defined by the Meyers-MiliasBrown Act, but are intended to serve as a collaborative effort to ensure officer safety, minimize waste, improve efficiency, and identify the most desirable uses of available resources.
The Committee shall consist of at least two (2) members of the Association and at least two (2) sworn members of SCPD management. The parties agree that committee members may change depending on the subject matter. Any findings, recommendations, or conclusions of the Committee are advisory and shall not be binding. The Committee shall meet a minimum of twice per year and may be requested by either party.
POLICE OFFICERS’ ASSOCIATION CITY OF SANTA CRUZ
OF THE CITY OF SANTA CRUZ
DATED: DATED:
Mark Eveleth Sara De Leon
Josh Trog Tim Davis
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EXHIBIT A
CITY OF SANTA CRUZ
POLICE CLASSIFICATIONS
501 Community Service Officer
503 Police Officer Trainee
504 Police Officer
505 Police Sergeant
506 Victim Advocate
20.52 COUNCIL POLICY 25.2
POLICY TITLE DISCRIMINATION, HARASSMENT, RETALIATION, AND
RESPECTFUL WORKPLACE CONDUCT POLICY
POLICY STATEMENT
It is the policy of the City of Santa Cruz to maintain and promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and to provide all current and prospective employees, Councilmembers, contractors, unpaid interns, and volunteers with equal opportunity in employment regardless of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military and veteran status (all of which are later referred to as “Protected Categories”), or any other consideration made unlawful by local, State or Federal law.
This policy pertains to all aspects of employment with the City or the application for employment with the City including, but not limited to, recruitment, selection, placement, assignment, compensation, benefits, training, transfer, promotion, evaluation, discipline, and termination.
This policy prohibits unlawful harassment, discrimination, and retaliation by supervisors, managers, co-workers, and third parties such as vendors or customers.
Definitions:
Discrimination as used in this policy is defined as the treatment or consideration of, or making a distinction in favor of or against, an employee on the basis of any of the above-listed protected categories including, but not limited to, any of the following forms:
a) basing an employment decision on a job applicant’s or an employee’s protected status; b) treating an applicant or employee differently with regard to any aspect of employment because of their protected status;
c) offering an employment benefit in exchange for sexual favors; d) threatening negative consequences if an employee declines a sexual advance; e) engaging in harassment, as more specifically defined below; and f) taking adverse employment action (i.e., demotion, transfer, discipline, or termination) against an employee based on the employee opposing discrimination in the workplace; assisting, supporting, or associating with a member of a protected category who complains about discrimination, or assisting in an investigation of discrimination.
Harassment as used in this policy is defined as the persistent disturbance or irritation of an employee on the basis of any of the above-listed protected categories including, but not limited to, any of the following forms:
a) verbal harassment such as epithets, derogatory comments, or slurs, including on social media; b) physical acts such as assault or impeding or blocking movement; c) visual insults such as derogatory posters, drawings, or photographs;
20.53 d) unwanted sexual advances, requests for sexual favors, and other acts of a sexual nature; and e) sending sexually-related emails or text messages.
Abusive Conduct as used in this policy is defined as conduct in the workplace or on social media, undertaken with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests; it may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating or humiliating, or the sabotage or undermining of a person’s work performance. A single act shall not constitute abusive conduct, unless especially severe and egregious.
Employee as used in this policy is defined as an individual performing business activities under direct supervision of another City employee and includes full-time, part-time, and temporary employees, contractors, unpaid interns, and volunteers.
Equal Employment Opportunity Committee (EEOC) as used in this policy is an advisory body to the City Council consisting of nine (9) members, including representatives from the community appointed by the City Council, employees appointed by the City Manager, and employees appointed by various labor groups.
Responsibilities:
1. The City of Santa Cruz shall take reasonable steps to prevent abusive conduct, discrimination, harassment, and retaliation from occurring in the workplace environment, including the following:
a) affirmatively raising the subjects of abusive conduct, discrimination, harassment and retaliation; b) expressing strong disapproval;
c) maintaining and developing appropriate sanctions;
d) informing employees of their right to raise and how to raise the issues of abusive conduct, discrimination, harassment, and retaliation under City policy and/or the law; and e) maintaining and developing methods to sensitize all concerned.
Such behavior shall not be tolerated, condoned, or trivialized. The City is committed to take action against any person violating this policy which will end the prohibited conduct. City employees who violate this policy shall be subjected to appropriate discipline, including possible dismissal, upon consideration of the findings and recommendations of the City Manager or their representative.
2. The City Manager shall fully accept and support the City’s commitment to prevent abusive conduct, discrimination, harassment, and retaliation as a means to assure full equal employment opportunity for all prospective and current employees, contractors, unpaid interns, and volunteers including the following:
a) defining and assigning specific responsibilities throughout the organization for the development, implementation, and monitoring of this policy; b) appointing one (1) department head and three (3) employee representatives to the EEOC; c) ensuring all department heads support this policy;
d) reviewing the recommendations of the Human Resources Director on the resolution of complaints appealed under the Administrative Procedure Order (APO) Discrimination/Harassment/Retaliation Policy Implementation and Complaint Procedure, and making final decisions in each such complaint; and
e) ensuring that an EEO Report is completed and submitted annually to the City Council.
20.54 3. The Human Resources Department (HR) Director shall be responsible for:
a) ensuring that this policy, including its definition of abusive conduct, discrimination, harassment, and retaliation and the complaint procedures are disseminated to all employees; b) providing guidance, training sessions, and assistance to department heads, managers, supervisors, and employees within their areas of responsibility; c) investigating, resolving, and making findings and recommendations on complaints that are reported according to established informal and formal grievance procedures as set forth in in the Discrimination/Harassment/Retaliation Policy Implementation and Complaint Procedure APO and the Respectful Workplace Conduct APO;
d) coordinating the annual EEO report, to include data on the make-up of the City workforce and the representation of protected classes, and distributing the report to the City Council, City staff, the public, and Federal and state agencies as requested or required; e) regularly reviewing and revising personnel policies, procedures, and practices to eliminate nonjob-related criteria, minimize the opportunity for discrimination and harassment, and ensure compliance with all legal requirements for equal employment opportunity; f) designing, implementing, and monitoring a recruitment program to draw all qualified applicants; and
g) designating an EEO Coordinator, who will assist the HR Director with EEO-related activities and staff the EEOC.
4. Department Heads, Managers, and Supervisors shall all be responsible for:
a) giving their full support to this policy through active cooperation, leadership, and personal example;
b) informing employees in their respective departments or areas of responsibility of their rights and responsibilities regarding abusive conduct, discrimination, harassment, and retaliation under this policy;
c) ensuring that their employees have equal access to training and promotional opportunities; d) acting to prevent abusive conduct, discrimination, harassment and retaliation from occurring; and e) cooperating with the HR Director in resolving complaints involving employees in their respective departments.
5. Employees of the City shall be responsible for lending their personal support and cooperation in maintaining equal employment opportunities in the City. Employees shall cooperate fully with all investigations of abusive conduct, discrimination, harassment, and retaliation and implementation of remedial measures and shall not retaliate against complainants or witnesses.
6. The EEOC shall act in an advisory capacity to the City Council in all matters pertaining to EEO and be responsible for serving as a communication channel between City employees, the community, the City Manager, and the EEO Coordinator on any EEO activities and concerns.
Additional Applications and Considerations:
• Complaints may be filed by any individual (or a representative of their choice, on their behalf) who feels a violation of this policy has occurred. The procedures for resolving complaints alleging violation of this policy are set forth in APO Discrimination/Harassment/Retaliation Policy Implementation and Complaint Procedure and APO Respectful Workplace Conduct.
20.55 • Contracts with the City of Santa Cruz which contain an equal employment opportunity/nondiscrimination clause shall also include language which requires those contractors to be responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in their companies. • Councilmembers, contractors, unpaid interns, volunteers, customers and visitors shall not be subjected to, or cause, a violation of this policy.
• All Memoranda of Understanding entered into by the City and any employee organization shall contain an appropriate non-discrimination/harassment clause. • In applying this policy, the rights of free speech and association shall be accommodated consistently with the intent of this policy. Nothing in these regulations may be construed as limiting the City’s right to take reasonable disciplinary measures which do not discriminate on a basis identified in this policy.
• Discrimination/harassment/retaliation prevention (including prevention of abusive conduct), and cultural diversity awareness training, is mandatory for all City employees and City Councilmembers.
• All City employment announcements, brochures, procedures, advertisements, and application forms will state that the City is an Equal Opportunity Employer. The Human Resources Department will also inform all outreach recruitment and referral sources of the City’s Discrimination and Harassment Policy and request that sources actively recruit and refer qualified applicants from all sectors of the community.
• In support of recruitment and retention efforts, City management shall consider the viability of participating in or developing supportive programs in such areas as: job-related skill training and education, job development, career counseling, transportation, day care, and health care. • Where groups of employees are featured in the City’s publications and communications (i.e., text and photographs), insofar as possible, the materials should illustrate that the City’s workforce is as diverse as the populace it serves.
AUTHORIZATION: Council Policy Manual Update of November 17, 1998 HISTORY:
Revision by Resolution No. NS-28,533 July 24, 2012
Revision by Resolution No. NS-28,823 September 9, 2014
Revision by Resolution No. NS-29,220 April 4, 2017
20.56 City of Santa Cruz II-1A
Administrative Procedure Order
Section II, #1A (Revised April 2017)
TO: Department Heads
SUBJECT: DISCRIMINATION/HARASSMENT/RETALIATION POLICY
IMPLEMENTATION AND COMPLAINT PROCEDURE
PURPOSE
The purpose of this document is to confirm the City’s commitment to prohibit and prevent unlawful discrimination, harassment, and retaliation in employment, and provide a City complainant an investigation procedure to resolve complaints of alleged discrimination, harassment, or retaliation in violation of the law or City Council Policy 25.2 (Discrimination, Harassment, and Respectful Workplace Conduct Policy).
POLICY
It is the policy of the City of Santa Cruz to maintain and promote a working environment free from discrimination, harassment, and retaliation, and to provide all current and prospective employees, contractors, interns, and volunteers with equal opportunity in employment regardless of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military and veteran status (later referred to collectively as “Protected Categories”) or any other consideration made unlawful by local, State, or Federal law.
This policy is promulgated in recognition of the fact that conduct of the type prohibited by this policy, if allowed to exist, not only violates Federal, State, and municipal law, but also serves to undermine employee integrity, create low employee morale, reduce employee productivity, and cause skilled and valuable workers to leave their City employment. All of this, in turn, is detrimental to the general health and welfare of the community, which depends upon a highly motivated and skilled body of City employees to deliver essential municipal services.
The City Council acknowledges and understands that in order to implement a policy of this type, it is essential that all persons who witness or experience discrimination, harassment, or retaliation report it immediately in order to facilitate early, effective, efficient, and impartial investigation and intervention by the City. Accordingly, any retaliation against a person for filing a complaint, reporting discrimination, harassment, or retaliation which he or she has witnessed, or assisting in an investigation is strictly prohibited. Employees found to have participated in retaliatory action in contravention of this policy shall be subject to disciplinary action up to and including termination.
20.57 Administrative Procedure Order II-1A
Section II, #1A (Revised April 2017)
In implementing the policy, the rights of free speech and association shall be accommodated in a manner consistent with applicable Federal and State law and in a manner consistent with the intent of the policy.
DISSEMINATION OF POLICY AND TRAINING
All employees, supervisors, and managers shall receive a copy of this Administrative Procedure Order and City Council Policy 25.2 and shall also attend sexual harassment and cultural diversity training according to the following schedule:
1) All New Employees – Harassment/Discrimination/Retaliation Prevention Training, and Cultural Diversity Training, within the first year of hire. 2) Supervisors – Cultural Diversity Training within the first year of hire, Harassment/Discrimination/Retaliation Prevention Training within six months of gaining supervisory responsibilities, and refresher training no less frequently than every two years.
Posters explaining local, State, and Federal non-discrimination laws will be prominently displayed in the Human Resources Department.
REASONABLE ACCOMMODATION FOR DISABILITY (in accordance with Title II of the Americans with Disabilities Act of 1990, and as amended by the ADA Amendments Act of 2008) Disability is defined as: a) a physical or mental impairment that substantially limits one or more major life activities, b) having a documented record of such an impairment, or c) being regarded as having such an impairment.
Accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. It means modifications or adjustments to: a) a job application process to enable an individual with a disability to be considered for the position, b) the work environment in which a position is performed so that a person with a disability can perform the essential functions of the position, and c) enable individuals with disabilities to enjoy equal benefits and privileges of employment as employees without disabilities enjoy.
I. Inclusions
Accommodation includes making existing facilities and equipment used by employees readily accessible to and usable by individuals with disabilities. Accommodation applies to:
a) all employment decisions and to the job application process, b) all services and programs provided in connection with employment, c) non-work facilities provided in connection with employment, and d) known disabilities only.
II. Exclusions
Accommodation is not required if: a) it eliminates essential functions of a position from the person’s job, or b) adjustments or modifications requested are primarily for the benefit of the person with a disability. The law does not require an accommodation that imposes an “undue
20.58 Administrative Procedure Order II-1A
Section II, #1A (Revised April 2017)
hardship” on the operation of the City. Undue hardship means significant difficulty or expense incurred in the provision of accommodation relative to the operation of the City’s program and includes, but is not limited to, financial difficulty. Undue hardship refers to any accommodation that would be unduly costly, extensive, substantial, disruptive, or that would fundamentally alter the nature or operation of the City. Whether a particular accommodation will impose an undue hardship is determined on a case-by-case basis. The following factors will be considered in determining whether an accommodation would create undue hardship:
a) the nature and cost of the accommodation, b) the financial resources of the City, c) the number of employees, and d) the type of operations of the City, including the composition and functions of its workforce.
III. Determining the Appropriate Accommodation
Where a particular accommodation would result in an undue hardship, the City must determine if another accommodation is available that would not result in an undue hardship.
If a qualified individual with a disability requests the provision of a reasonable accommodation, the City shall engage in an informal, interactive process with the person with a disability which identifies the precise limitations resulting from the disability and potential accommodations that could overcome those limitations. The accommodation process shall generally involve five (5) steps.
First, the City shall analyze the particular job at issue and determine its purpose and essential functions.
Second, the City shall consult with the individual with a disability to ascertain the precise job-related limitations imposed by the individual’s disability. Third, the City shall consult with the individual with a disability and, if desired by the agency, the appropriate rehabilitation or ergonomics consultant to identify potential accommodations and the necessary modifications.
Fourth, the City shall assess the effectiveness of each potential accommodation with regard to enabling the individual to perform the essential functions of the position. Finally, the City shall consider the preference of the individual to be accommodated and select and implement the accommodation that is most appropriate for both the employee and the agency.
DISCRIMINATION, HARASSMENT, AND RETALIATION COMPLAINT PROCEDURE This complaint procedure is available to City of Santa Cruz employees and individuals who believe that they have been subjected to discrimination, harassment, and/or retaliation in relation to employment with the City of Santa Cruz.
Complainants, and employees alleged to have engaged in discrimination, harassment, or retaliation, may choose to be represented at any or all steps in the complaint process.
I. Filing a Complaint
Complaints may be submitted to an employee’s immediate supervisor, any supervisor or manager within or outside the department, the department head, or Human Resources Department within one (1) year of the date the alleged action occurred. Any City of Santa
20.59 Administrative Procedure Order II-1A
Section II, #1A (Revised April 2017)
Cruz supervisor, manager, or department head who receives a discrimination or harassment complaint shall notify the Human Resources Department immediately upon receipt of the complaint. Complaints may be presented orally or in writing.
Written complaints should include the following information:
The name, address, and telephone number of the complainant. The basis for the alleged discrimination or harassment (protected category and/or retaliation).
The specific discriminatory practice(s) or incident(s) that have occurred. The names of any persons thought to be responsible for the discrimination/harassment.
The remedy the complainant is seeking as a result of the complaint. The name, address, and telephone number of the complainant’s representative, if any.
If complainants wish to file the complaint in person and receive assistance, they may contact the Human Resources Department to schedule an appointment with a staff investigator.
II. Investigation and Resolution
After reviewing the complaint, the Human Resources Director shall determine if an investigation is necessary to resolve the issues of the complaint and, if so, authorize and supervise the investigation of the complaint by a qualified person. The complainant will be contacted by the investigator upon the investigator’s receipt of the complaint and will be kept apprised of the status of the investigation. The investigation will be documented and tracked for reasonable progress and appropriate due process. Every effort will be made to conclude the investigation within one hundred and twenty (120) calendar days of receipt of the complaint.
The Human Resources Director will not proceed with the investigation of a complaint if the complaint contains no assertion that the alleged acts occurred based on one or more of the protected categories or if a nexus cannot be established between the alleged act(s) and discrimination based on any of the protected categories.
When the investigation is completed, the Human Resources Director will determine if there is sufficient evidence to substantiate a violation of the City’s Discrimination, Harassment, and Retaliation Policy and if remedial action is necessary to resolve the issues of the complaint. The complainant, alleged perpetrator/harasser, and department head(s) will be notified of the Human Resources Director’s determination. If discipline is imposed, the discipline will not be communicated to the complainant.
If it would present a conflict (or the appearance of such) for the review and investigation of a complaint to be conducted by the Human Resources Department, the City Manager will be responsible for this process.
20.60 Administrative Procedure Order II-1A
Section II, #1A (Revised April 2017)
III. City Manager Review
Complainants who are not satisfied with the Human Resources Director’s determination may request a review by the City Manager (or his/her representative), in writing, within ten (10) workdays following receipt of the Human Resources Director’s determination. The City Manager (or his/her representative) shall review the complainant’s written appeal and the investigative findings and shall render a written decision within thirty (30) workdays following the review.
IV. Additional Remedies
Current City employees covered by a memorandum of understanding that includes arbitration as the final step in the grievance process may request that the matter be taken to arbitration in accordance with the specific procedures contained in the applicable memorandum of understanding.
In addition, all complainants may file complaints of discrimination, harassment, or retaliation with the State of California Department of Fair Employment and Housing and the Federal Equal Employment Opportunity Commission, whether or not complainants choose to use the City of Santa Cruz’ complaint procedure. Time limits for filing complaints with State and Federal compliance agencies vary, and those agencies should be contacted directly for specific information. The addresses and telephone numbers (as of the revision date of this procedure) are:
California Department of Fair Employment and Housing
Bay Area Regional Office
39141 Civic Center Drive, Suite 250
Fremont, CA 94538
Phone: (800) 884-1684
For Persons with a Hearing Impairment: (800) 884-1684 or TTY at (800) 700-2320 E-mail: [email protected]
United States Equal Employment Opportunity Commission
San Jose Local Office
96 North Third Street, Suite 250
San Jose, CA 95112
Phone: (800) 669-4000
Fax: (408) 291-4539
TTY: (800) 669-6820
ASL Video Phone: (844) 234-5122
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EXHIBIT D
K-9 AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ______________, ___________ by and between the CITY OF SANTA CRUZ, a municipal corporation (“CITY”), and __________________________________________, a Police Officer (“EMPLOYEE”), (Employee)
employed by CITY.
RECITALS
A. CITY now operates a canine program with the CITY’s Police Department.
B. CITY owns a police dog named .
C. CITY and EMPLOYEE desire that EMPLOYEE participate in the canine program.
D. It is the desire of the parties to confirm their relationship during the period of ______________________________ to __________________________________.
AGREEMENT
1. The term of the Agreement shall be _____________________________________ to ________________________________________.
2. During the term of this Agreement, EMPLOYEE shall keep the dog under EMPLOYEE’s care and control at all times, and EMPLOYEE shall do the following:
A. House and feed the dog in a manner consistent with good practices.
B. Keep the dog clean, well groomed, and in good health.
C. Provide such veterinary care as is necessary to maintain the dog free from disease, defect, or injury.
D. Maintain the dog at a high level of operational ability.
E. Keep the dog available for police work at all times.
F. Respond with the dog to calls as directed by EMPLOYEE’s supervisors.
G. Handle the dog at the scene as directed by EMPLOYEE’s supervisors.
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3. CITY and EMPLOYEE agree the compensation shall be $204 per pay period.
A. CITY and EMPLOYEE agree that CITY has acted in good faith and has reasonable grounds for believing that this Agreement complies with the FLSA.
4. In addition to the monthly compensation, CITY shall provide, on a contract basis, for the animal’s food, grooming supplies, training supplies, disinfectants, and all veterinary care.
Further, CITY shall provide the pay for any and all necessary training of the animal.
5. EMPLOYEE shall be deemed to be acting within the scope of employment during any department authorized activities connect with the training of the dog and police work involving the dog. CITY shall compensate EMPLOYEE for police work and training of the dog in accordance with the Memorandum of Understanding.
6. CITY shall hold EMPLOYEE harmless for any liability occurring to EMPLOYEE by reason of EMPLOYEE’s participation in the canine program, excepting acts which are willful, malicious or outside the course and scope of employment. The obligation set forth in this paragraph shall protect EMPLOYEE from any liability, whether said liability arises during EMPLOYEE’s regular working hours or otherwise.
7. EMPLOYEE agrees to recertify the dog for participation in CITY’s canine program on an annual basis, as well as at such other times as CITY may reasonably require.
8. This Agreement shall be terminated by the occurrence of any of the following:
A. Death of the dog or inability of the dog to perform police work.
B. The furnishing by CITY of thirty (30) days’ notice to EMPLOYEE.
C. The furnishing by EMPLOYEE of thirty (30) days’ notice to CITY. Additional notice beyond thirty (30) days is strongly encouraged.
D. Termination of EMPLOYEE’s employment with CITY.
9. The attached general provision regarding the canine program shall be a part of this Agreement.
10. This Agreement shall constitute the entire Agreement between the parties and shall supersede any previous agreements, whether verbal or written , concerning the same subject matter. No modification of this Agreement shall be effective unless and until evidence by a writing is signed by both parties.
IN WITNESS WHEREOF, this Agreement was executed on the date hereinabove written.
CITY OF SANTA CRUZ EMPLOYEE
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APPROVED AS TO FORM:
CITY ATTORNEY UNION REPRESENTATIVE
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EXHIBIT E
Santa Cruz Police Department Policy Manual
Absences/Time Off
1001.1 PURPOSE AND SCOPE
It is the policy of this Department to set forth procedures and guidelines for time off requests, absences and injuries, and surrendering departmental equipment in cases of leaves of absence.
1001.2 PROCEDURE
1001.2.1 TIME OFF REQUESTS
The Department will strive to facilitate time off requests in a timely manner. It is necessary to balance employees’ needs for time off with the mandate that the organization provide public safety services for the City of Santa Cruz. In order to do this it is required that time off requests be made sufficiently in advance so that proper consideration may be given to the needs of the employee, City and the Department.
(a) All employees, permanent, part time, or temporary must put in writing their time requests.
(b) Time off requests may be submitted up to one (1) year in advance of the date(s) requested.
(c) Requests shall be for vacation, management vacation, holiday, floating holiday, compensatory time off, maternity leave, leave of absence, military leave, or family leave.
1. Requests may be for any or a combination of all of the above. (d) Requests for forty hours or more should be made thirty days in advance of the requested time off.
1. Reasons of legitimate exigency may be accepted by a supervisor in the event that thirty days notice does not occur.
(e) Requests for more than eighty hours will require approval from the Deputy Chief of Police and should be made a minimum of sixty days in advance of the requested time off. 1001.2.2 RESPONSIBILITIES
(a) The requesting employee is responsible for making the request in a timely manner and for knowing and requesting only that time which they have earned and may, therefore, take legally.
1. It is the employee’s responsibility to notify the Financial Services Unit/payroll/purchasing clerk of any changes or cancellations of a time off request that was previously submitted.
(b) The unit/detail supervisory is responsible for evaluation staffing levels and for insuring that sufficient staffing is available if the request is approved.
Policy
1001
20.65 64
1. Every effort should be made to avoid the use of overtime when granting leave.
2. The supervisor must check the special events calendar, sergeants’ calendar and the master schedule.
3. The staffing available will be listed on the request form by the supervisor so it may be reviewed by the Team Commander.
4. If approved, enter the information on the sergeants’ calendar. If the date is for some time beyond the current four-week period, the Administrative Assistant will enter it on the appropriate four-week schedule.
5. Sign the request form both as to approval and entry on the master schedule.
6. The master schedule and the sergeant’s calendar are the reference documents used to allocate personnel. They must be maintained in an accurate condition at all times.
(c) The managers are responsible for reviewing the requests and insuring that sufficient staffing remains available.
1. Management will strive to provide a maximum of seven (7) day turnaround on all time off requests.
2. An exception may occur if a request is made prior to the master schedule being established.
(d) The Payroll/Purchasing Clerk will log all time off requests on their calendar and be able to provide information to supervisors, managers and employees when it is requested.
1. The Payroll/Purchasing Clerk will insure that approved time off is recorded onto the payroll sheet as required by City Payroll procedures. (This does not negate the employee or supervisor’s responsibility to record it on the time sheet for the affected payroll period.)
2. The time off request forms, once approved, will be maintained by the Payroll/Purchasing Clerk.
1001.2.3 ORGANIZATIONAL INTENT
(a) It is the intent of the organization to facilitate time off requests to the extent economically and operationally feasible.
(b) Normally, overtime will not be authorized to replace an employee so they can obtain time off.
(c) Exceptions may be made for good cause but will require approval of the Division Commander. Items to be considered are: 1. Time of year.
2. Special events.
3. Negative impacts on remaining working employees.
4. Budgetary restraints.
5. Long term impacts on both the organization and the requesting employee.
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(d) Employees should strive to take the bulk of vacation or holiday time off during time other than mid-June through August due to the department’s summer workload. (e) Time off requests will be considered in the order in which they are submitted. Seniority in rank will be a determining factor when time off requests are made by more than one person, submitted on the same day and requesting the same time off, or a large percentage of it.
1001.3 ABSENCES AND INJURIES
1001.3.1 NOTIFICATION OF ABSENCE
(a) Any employee who is unable to report for duty as scheduled shall notify the appropriate Watch Commander/Section Commander. Notification shall be as far in advance as possible. A minimum of two hours is required. The reason for such absence shall be reported.
1. In the event the Watch Commander/Section Commander is not available to receive the call, the employee receiving the notification shall forward the information to the Watch Commander as soon as practical, with minimum of the following information.
(a) Name of absent employee.
(b) Time called.
(c) Reason for absence.
(d) Length of absence (if known).
(e) Location of employee.
(f) Telephone number where employee can be reached.
2. The employee calling in ill shall leave a telephone number where he/she can be reached by their supervisor.
(b) Availability of Employee.
1. Employees shall inform their respective Watch/Section Commander of their location during their respective (normal) duty hours while absent. (c) Checks on Absentees
1. Any employee should expect a personal visit or phone contact from a Department representative during their period of recuperation. Such contact shall be at the discretion of the appropriate supervisor, Watch Commander, Division Commander, or the Chief of Police. Priority shall be given to absences in conjunction with days off.
(d) Procedure for returning to full duty from an off-duty injury or illness.
1. Absence of three (3) working days or less: If an employee is absent from work for a period of three consecutive working days or less, the following procedure will apply:
20.67 66
(a) Approval to return to work can be approved by the employee’s immediate supervisor.
(b) Sick leave affidavit must be completed.
(c) If questions arise concerning the employee’s health or ability to work, the employee may be referred to a physician for re-examination.
2. Absences in excess of three (3) working days: For the benefit of the employee’s health, and the health and welfare of those persons who will work with and depend on the returning employee, on absences in excess of three (3) consecutive working days the following will apply:
(a) The absence must be support by a completed sick leave form and a Medical release from employee’s physician.
(b) If a question arises concerning the employee’s health or ability to work, the employee may be referred to a physician for an examination. (e) Industrial Injuries or Illness.
1. All injuries on duty and all work-incurred diseases shall be reported to the employee’s immediate supervisor as soon as possible following the injury.
2. If an injury or disease requires the attention of a physician, the supervisor receiving the injury report will direct the employee to a physician or medical center listed on the City’s Medical Service order form. (a) Exception: In the case of needed emergency attention, the supervisor will direct that the employee be transported to the nearest medical center. (b) The employee, if able, or the employee’s supervisor, shall advise the attending physician or medical center that the injury or disease is a Workers Compensation injury.
(c) If, however, an employee notifies the employer in writing prior to the date of injury that he/she has a personal physician, the employee shall have the right to be treated by that physician from the date of injury after emergency treatment, if necessary, has occurred.
3. Completing the City of Santa Cruz Report of Personal Injury to City Employee and City of Santa Cruz Medical Service Order.
(a) The injured employee’s supervisor shall complete the Medical Service Order form as soon after the injury as possible and in all cases prior to termination of the shift.
(b) The injured employee’s supervisor shall complete the Employer’s Report of Occupational Injury or Illness form as soon after the injury as possible and, in all cases, prior to termination of the shift.
4. Completing the SCPD Physician’s Statement
(a) In every industrial injury or illness situation, the SCPD Physician’s statement must be completed by the attending physician. (b) The SCPD Physician’s Statement must be completed by the attending
20.68 67
physician after any subsequent examinations that result in:
1. A continuation of restricted duty status.
2. A modification to restricted duty status.
3. A continuation of limited duty status.
4. A modification to limited duty status.
5. Or whenever requested by the employee’s supervisor.
5. Treating Physician
(a) It is necessary for an employee to be examined by the same physician or medical facility who made the first examination and diagnoses and treatment on the industrial injury or illness during the first 30 days subsequent to the injury or illness, unless the physician refers the employee to another medical facility or permission is received from the Worker’s Compensation Administrator and/or the City Human Resources Department Benefits Coordinator.
1001.3.2 LIMITED DUTY STATUS
(a) Supervisor’s Responsibility
1. It shall be the responsibility of each Division Commander to make the most productive use of limited duty personnel under their command.
2. Each Watch/Section Commander shall contact the Division Commander to ascertain information on the returning employee to see what duty limitations or restrictions have been imposed by his physician. If the physician’s instructions are not clear, the Division Commander shall contact the physician and have him/her restate the medical work restrictions in concise written terms.
3. The employee’s proposed assignment shall be put in writing, including any limitations placed on their activities. After approval of the Division Commander, personally serve the employee with a copy of their assigned duties. Discuss the assignment with the employee to ensure there are no misunderstandings or that you are not asking them to perform a task that they feel they should not be doing because of risk of re-injury and/or delaying recuperation time. Have the employee sign the memo.
4. Distribution/routing of memo:
(a) Copy to employee.
(b) Copy to Administration Division Commander.
(c) Copy to Operations Division Commander.
(d) Copy to the Chief of Police.
(e) Original to employee’s personnel file.
(f) Copy to Personnel Department.
20.69 68
(b) Employee’s Responsibility:
1. Inform their supervisor of any physical limitations that they may have prior to acceptance of assigned duties that they feel they are incapable of safely performing.
2. Any employee returning in a limited duty capacity shall be exempt from normal scheduling provisions and may be assigned to any unit/section within the Department that is tin the best interest of the Department.
3. All employees working in a limited duty status shall dress in business-like attire.
S.C.P.D. polo shirts are acceptable. No jeans or collarless shirts. (c) Reporting Outside Employment
1. Department employees engaged in outside employment who are placed on disability leave, limited duty or restricted duty, will inform or remind their commanding officer of their outside work authorization in writing. (d) Outside Employment while Disabled/Injured
1. The Chief of Police or a designee has final authority to determine when an employee’s outside employment should be discontinued. When discontinued, a notice of revocation of the employee’s work authorization shall be attached to the original work request form. The employee shall also receive a copy.
2. Criteria for revoking the outside work authorization includes, but is not limited to, the following elements:
(a) The outside work is detrimental to the total recovery of the disabled employee as indicated by the employee’s treating physician and/or City designated physician.
(b) The outside work performed requires the same physical ability as would be required of an on-duty officer.
3. When the disabled member returns to duty, a written request to the Chief of Police shall be made to restore the outside work authorization. (e) Returning to full duty from a Limited Duty Status.
1. Prior to an employee returning to full duty after being on a limited or restricted duty status, the employee must furnish the Department with a medical release signed by their physician that the employee is capable of returning to full duty status.
2. Routing of medical release form:
(a) Copy to Administration Division Commander.
(b) Copy to Operations Division Commander.
(c) Copy to the Chief of Police.
(d) Copy to city Personnel Department.
20.70 69
(e) Original to employee’s police personnel file.
1001.3.3 INABILITY TO REPORT FOR WORK
(a) Options available to sick and/or injured employees:
1. Health and fitness is a condition of employment. It is the responsibility of the employee to maintain themselves in a healthy and fit condition.
2. If feasible, the Department will attempt to put an injured or ill employee into a productive work slot for a reasonable period.
3. If a productive work position is not available, or if there does not appear to be a likelihood that the employee will return to full duty status, a number of options are available:
(a) Use of accumulated sick leave.
(b) Long term disability.
(c) Worker’s Compensation claim, if injury/illness was incurred during course and scope of employment.
(d) Retirement.
(e) Resignation.
(f) Dismissal.
1001.3.4 DISCIPLINARY ACTION
(a) Abuse of sick leave.
1. Documentation of an abuse of sick leave may result in any one or combination of the following:
(a) Reprimand-oral or written.
(b) Suspension.
(c) Reduction in pay or rank.
(d) Dismissal.
1001.3.5 RECURRENCE OF PRIOR INDUSTRIAL INJURY
No worker’s compensation time will be allowed unless there is a physician’s note. Example:
Employee has an old back injury that was work-related and treated as a worker’s compensation injury. Three months later, employee’s back is hurting. Employee calls in to take time off. No worker’s compensation time off can be approved unless the injury is verified by a physician as a continuation or reinjury of a previous worker’s compensation injury.
20.71 70
1001.4 THE SURRENDER OF DEPARTMENTAL PROPERTY IN CASES
OF LEAVES OF ABSENCE
(a) Leaves of Absence:
1. When any departmental personnel are placed on administrative leave, leave of absence, medical leave of absence, worker’s compensation, or any leave of absence due to disciplinary action, and the leave of absence is for more than one work week, they shall report to the Administrative Division Commander at the discretion of the Administrative Commander.
2. The involved personnel may be required to surrender their badge, identification card, and duty weapon. In any case involving the above-mentioned situations, it shall be the responsibility of the Administrative Deputy Chief to retrieve these items.
(b) In all cases, the Division Commander of the affected personnel shall notify the Chief of Police by way of departmental memorandum of the circumstances of the action.
Included in this memorandum should be:
1. Employee’s name.
2. Employee’s present rank.
3. Employee’s present assignment.
4. Projected length of leave.
5. Reason for leave.
(c) The Administrative Deputy Chief shall be responsible for the proper storage of the above property, and the return of the property to the employee when the employee returns to active duty.
(d) The employee, while on this leave, shall not in any way act as a peace officer.
20.72 Admin/ks 11-15
Badge Name Sgt. Promotion Hire Date Badge Name Sgt. Promotion Hire Date 113 Clark, Steve 5/19/86 186 Williams, Damon 1/1/05
100 Vogel, Kevin 2/9/87 132 Cockrum, Denise 5/22/06
116 Medina, Michael 1/9/2010 1/22/90 188 Aguilar, Armando 6/28/06 117 Campbell, Scott 5/3/2002 6/25/90 199 Forbus, Daniel 6/28/06 110 Martinez, Rick 4/8/91 152 Ganzel, Alexander 8/28/06 103 Flippo, Dan 8/19/91 145 Vasquez, Nathan 8/28/06
163 Guerrasio, Dominic 12/28/92 164 Winston, Bill 9/9/06 104 Barry, Warren 12/6/93 165 Inouye, Ron 10/24/06
175 Conner, Mike 5/20/94 154 Warren, Brian 11/27/06
114 Lemoss, Christian 6/4/2004 6/8/94 194 Duarte, Miguel 12/10/07* 112 Eveleth, Mark 1/9/2010 10/7/94 169 Schonfield, Laurel 11/12/07 170 Hedley, Mike 1/17/95 181 Burnham, Ian 11/12/07
107 Azua, Bill 5/6/2015 1/23/95 134 Ross, Dustin 2/4/08 141 Bayani, Patrick 2/3/95 139 Dukelow, Rodney 4/28/08* 185 Gallegos, Juan 4/27/95 151 Kendall, Kevin "Trevor" 4/28/08* 135 Deeg, Ken 7/3/95 160 Trog, Joshua 5/12/08*
161 Martin, Alex 1/16/96 171 Fincutter, Eileen 8/18/08
118 Escalante, Bernie 9/23/96 180 Badeo, Ruben 7/12/2010 133 Kelley, Jason 11/4/96 162 Crowell, Forrest 7/13/2010 120 Harms, Michael 11/4/2006 1/13/97 156 Kiar, Ryan 11/29/2010 148 Teaford, Alex 10/20/97 124 Albert, David 8/25/2011
123 Garner, Scott 9/23/2006 10/20/97 142 Trindade, Patrick "Ricky" 4/16/2012** 101 Bush, Jonathan 3/5/2007 2/23/98 157 Cross, Carly 4/9/2012* 182 Gunter, David 11/30/98 191 Burruel, Bradley 3/25/13 108 Forbus, David 11/15/2012 1/13/00 138 Northrup, Brent 7/8/13 115 Vasquez, Arnold 5/16/2011 5/1/00 149 Kramer, Nicholas 7/8/13* 153 Cecena, Karina 6/29/00 198 Whaley, Benjamin 9/25/2013* 189 Cline, Bruce 6/29/00 131 Pidcock, Jesse 9/25/2013*
195 Terry, Sean 1/8/01 197 Gomez, Leonardo 9/25/2013*
109 Morey, Wesley 12/23/2013 7/9/01 143 Cathrein, Marcel 5/8/2013* 196 Rodriguez, Abe 9/24/01 177 Heebner, Adrienne 5/8/2013* 102 Garcia, Jose 11/15/2012 10/29/01 155 Rosell, Dave 5/8/2013* 173 Hansen, Wesley 10/29/01 176 McBride, Caitlin 12/2/13 179 Rodriguez, Saul 10/29/01 136 Galli, Christopher 3/10/14 167 DeOcampo, Paul 1/7/02 190 Pendleton, Steve 9/15/14
166 Mulvihill, Matthew 5/13/02 127 Howard-Gibbon, Elizabeth 3/31/2014* 122 Crofts, Greg 5/31/2013 5/13/02 168 Erlach, Bernadette 3/31/2014* 150 Hoppe, Erich 5/13/02 129 Hohmann, Dominique 3/31/2014* 137 Hernandez, Joe 7/8/02 159 Baker, Adam 10/27/2014*
106 Jones, Carter 4/28/2014 8/26/02 146 Bailey, Erik 10/27/2014* 125 Auldridge, Jeff 5/13/03 144 Montes, Matthew 8/24/15 192 Venegas, Sergio 11/3/03 183 Brouillette, Jeffrey 9-29-15** 140 Emigh, David 11/3/03 126 Abarca, Thomas 11-3-15**
119 Clayton, Bill 5/6/2015 7/6/04 193 Johnson, Jared 9/21/15* 158 Pawlak, David 11/20/04 184 Rock, Elliott 9/21/15*
128 Yoon, Frederick 9/21/15*
* Seniority to be determined by the date of release from Field Training Program ** Seniority to be determined by the employee's date of hire in the police patrol officer classifciation Santa Cruz Police Department Seniority List
(11/25/15)
20.73 City of Santa Cruz II-1B
Administrative Procedure Order
Section II, #1B (Effective April 2017)
TO: Department Heads
SUBJECT: RESPECTFUL WORKPLACE CONDUCT
PURPOSE
The City of Santa Cruz is committed to maintaining and promoting a respectful work environment. Council Policy 25.2 (Discrimination and Harassment Policy), Administrative Procedure Order II-1A (Discrimination/Harassment Policy Implementation and Complaint Procedure), and this Administrative Procedure Order establish behavioral and workplace standards to support a culture of collaboration, inclusion, and productivity.
POLICY
It is the intent of the City of Santa Cruz that all employees, volunteers, Councilmembers, Commissioners, customers, contractors, and visitors to the City’s worksites or places where City work is conducted enjoy a positive, respectful, and productive work environment free from behavior, actions, or language constituting a violation of this Respectful Workplace Conduct Policy. Such conduct may include, but is not limited to, the following as perceived by a reasonable person: repeated infliction of verbal, written, or social media abuse such as the use of derogatory remarks, epithets, or insults; physical conduct that is threatening, intimidating, bullying, or humiliating; or the sabotage or undermining of a person’s work performance.
Incorporated by reference in this policy is the amendment to §12950.1 of the California Government Code created by Assembly Bill 2053 (effective January 1, 2015) adding to the supervisory training requirement the subject matter “prevention of abusive conduct.” Employees found to have participated in actions constituting a violation of this policy shall be subject to disciplinary action up to and including termination. Volunteers found to have participated in actions constituting a violation of this policy may be subject to termination of their volunteer relationship with the City. If a complaint involves the conduct of a contractor, Human Resources will inform the contractor of the behavior and request prompt, appropriate action. The City reserves the right to prohibit a contractor’s individual employee(s) from entering City-owned property/premises. Councilmembers, Commissioners, customers, and visitors who engage in conduct in violation of this policy are subject to action on the part of the City intended to stop the conduct and protect others. Executives, managers, and supervisors who know or should know of conduct in violation of this policy and who fail to report such behavior or fail to take prompt, appropriate action when such conduct is observed or reported may be subject to disciplinary action up to and including termination. In implementing the policy, the rights of free speech and association shall be accommodated in a manner consistent with applicable Federal and State law and in a manner consistent with the intent of the policy.
20.74 Administrative Procedure Order II-1B
Section II, #1B (Effective April 2017)
All employees shall receive a copy of this policy when they receive Council Policy 25.2 (Discrimination and Harassment Policy) and Administrative Procedure Order II-1A (Discrimination/Harassment Policy Implementation and Complaint Procedure).
I. Definition
Disrespectful Conduct: Any one or all of the following as perceived by a reasonable person:
1) Use of language that is intended to be, or perceived by a reasonable person to be, demeaning, berating, humiliating, threatening, bullying, offensive, insulting, slanderous, or malicious rumor-spreading;
2) Conduct that a reasonable person would find disruptive, abusive, threatening, intimidating, aggressive, or insubordinate; and/or
3) Acts to undermine or interfere with an employee’s work performance.
A single act shall not constitute disrespectful conduct unless especially severe and egregious.
II. Responsibilities
a. Employees, Volunteers, Councilmembers, Commissioners, Customers, Contractors, and Visitors: All persons are required to behave respectfully and to refrain from disrespectful behaviors, and are expected to:
Recognize when they or others are being subjected to disrespectful conduct and not condone or ignore it;
Bring the situation to the attention of a supervisor or the next person in the chain of command, department director, or Human Resources Department, or where physical safety is concerned, contact emergency services (9-1-1); Understand that someone’s intent does not excuse otherwise disrespectful conduct and/or relieve them from being held accountable for their actions; and Address, if possible, inappropriate behavior directly with the person engaging in such conduct in a professional and nonconfrontational manner. b. Executives, Managers, and Supervisors: Executives, managers, and supervisors are responsible for demonstrating respectful personal behavior towards all coworkers and visitors, as well as to set an example of respectful behavior as a model for City employees, volunteers, and visitors. In addition to this responsibility and the expectations listed above, executives, managers, and supervisors are expected to:
Maintain a level of awareness with their staff sufficient to know if disrespectful behavior is occurring; and
Maintain a level of open communication with their staff that encourages them to report instances of disrespectful behavior that have occurred;
20.75 Administrative Procedure Order II-1B
Section II, #1B (Effective April 2017)
Encourage the reporting of instances of disrespectful behavior by making this policy known to all employees;
Promptly address all observed disrespectful behavior; Take reports and complaints of disrespectful behavior seriously and, if deemed appropriate following consultation with their immediate supervisor, attempt to independently confirm whether or not the reported behavior occurred or is occurring, without divulging the identity of the reporting party; and Promptly report complaints to a supervisor, the department director, and Human Resources Department.
III. Retaliation
The City maintains a strict stance of no tolerance for retaliation against anyone for bringing a complaint or participating in an investigation. Under no circumstances will anyone be disciplined, demoted, or otherwise retaliated against for reporting, disclosing, or bringing a Respectful Workplace Conduct complaint to the attention of the City. Employees found to have participated in retaliatory action in contravention of this policy shall, therefore, be subject to disciplinary action up to and including termination. a. Anyone who believes they have been retaliated against because they filed a complaint, participated in an investigation, or reported observing a violation of the Respectful Workplace Conduct Policy should report this behavior to their supervisor, department director, or Human Resources Department.
b. Complaints of retaliation will be investigated promptly.
PROCEDURE
I. Filing a Respectful Workplace Conduct Complaint
Any person who observes or perceives they have been subjected to conduct by another person believed to be a violation of this policy may initiate the complaint process by notifying their immediate supervisor, department director, or Human Resources Department. a. Complaints may be submitted to an employee’s immediate supervisor, any supervisor or manager within or outside the department, the department director, or Human Resources Department within thirty (30) days of the date the alleged action occurred.
Any City of Santa Cruz supervisor, manager, or department director who receives a complaint shall notify an appropriate supervisor/manager/director and Human Resources upon receipt of the complaint.
b. If a complainant wishes to file the complaint in person and receive assistance, they may contact the Human Resources Department to schedule an appointment. c. Written complaints should include the following information (it is recommended but not required to use the “Respectful Workplace Conduct Complaint Form”);
20.76 Administrative Procedure Order II-1B
Section II, #1B (Effective April 2017)
The name, address, and telephone number of the complainant. The specific disrespectful practice(s) or incident(s) that have occurred, including retaliation.
The names of any persons thought to be responsible for the disrespectful behavior.
The remedy the complainant is seeking as a result of the complaint. The name, address, and telephone number of the complainant’s representative, if any.
II. Investigation
After reviewing the information contained in the complaint, the staff member who received the complaint within the department of the complainant will, in consultation with his or her immediate supervisor, determine if the complaint can be resolved within the department or if there is sufficient complexity to warrant a formal investigation. If so determined, the department director will be consulted and the Human Resources Department will coordinate and conduct (or delegate responsibility for coordinating and conducting) an investigation.
The investigation will proceed within the following guidelines:
a. Steps will be taken to ensure employees are protected from further violations. b. Complaints will be dealt with in a discreet and confidential manner, to the extent possible.
c. All parties are expected to cooperate with the investigation and are required to keep information regarding the investigation confidential. Failure to cooperate or maintain confidentiality could result in disciplinary action up to and including termination. d. Employees who are the subject of an investigation into actions constituting a possible violation of this policy may request to have representation. The right to representation may be required for members of the Police and Fire bargaining units. e. The complainant, the employee subject to the investigation, and all witnesses will be informed that retaliating against a person for making a complaint and/or participating in an investigation will not be tolerated and could result in disciplinary action up to and including termination.
III. Resolution of the Complaint
If a complaint is substantiated, the employee subject to the investigation will be notified of the appropriate disciplinary action that will be taken. a. The complainant will be notified if any part of a complaint is substantiated and if action has been taken. The complainant will not be told the details of the action, including discipline.
20.77 Administrative Procedure Order II-1B
Section II, #1B (Effective April 2017)
b. Both the complainant and the employee subject to the investigation will be notified if a complaint is not substantiated.
IV. Withdrawal of Complaint
The complaint or any part of the complaint may be withdrawn at any time by the complainant; however, the request for such withdrawal must be in writing and state the reasons for the request. The Human Resources Department will review the request for withdrawal in order to determine whether or not it was the result of restraint, interference, coercion, discrimination, retaliation, or reprisal. An investigation may still proceed if a complaint is withdrawn.
V. Records
All records of complaints and investigations, whether substantiated, unsubstantiated, or withdrawn, will be maintained in confidence by the Human Resources Department.
Only documentation of disciplinary action imposed as a result of a sustained complaint is maintained in the employee’s personnel file.
DEFINITIONS OF TERMINOLOGY
Abusive Conduct: Conduct of an employer or employee in the workplace or on social media, undertaken with malice that a reasonable person would find hostile or offensive and unrelated to an employer’s legitimate business interests. Abusive conduct may include repeated infliction of written or verbal abuse, including the use of social media, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the sabotage or undermining of a person’s work performance. A single act shall not constitute abusive conduct, unless especially severe and egregious.
Aggressive: Demonstrating unduly forceful behavior.
Bullying: Conduct, either direct or indirect, that harms one or more individuals, not limited to behaviors that cause physical harm. Bullying may be verbal (including oral and written language as well as the use of social media) or nonverbal, may involve a real or perceived imbalance of power, and often includes behaviors described above as Abusive Conduct.
Derogatory: Behavior that is disparaging or belittling in attitude that aims to detract or diminish.
Disrespectful Conduct:
1) Use of language that is intended to be, or would be perceived by a reasonable person to be, demeaning, berating, humiliating, threatening, rude, bullying, offensive, insulting, slanderous, or malicious rumor-spreading;
2) Conduct that a reasonable person would find disruptive, abusive, threatening, intimidating, aggressive, or insubordinate; and
3) Acts to undermine or interfere with an employee’s work performance.
20.78 Administrative Procedure Order II-1B
Section II, #1B (Effective April 2017)
A single act shall not constitute disrespectful conduct, unless especially severe and egregious.
Epithet: A word or phrase meant to characterize a person or thing, particularly in a negative or derogatory manner.
Humiliate: To disgrace, belittle, or make another appear foolish.
Insolent: Speaking or behaving in a way that is disrespectful or insulting.
Insult: To use offensive or disrespectful epithets towards others.
Intimidate: To behave in a manner that would cause a reasonable person to fear physical or emotional damage or harm.
Malice: A willful and conscious disregard of the feelings, rights, or safety of others.
Respectful Conduct: Behavior that expresses consideration of others’ identities, viewpoints, and beliefs; restraint from behaviors that would be considered disrespectful conduct.
Retaliation: Verbal, nonverbal, or physical conduct or actions including the use of social media intended to injure or harm someone as a response to an action taken or perceived to have been taken; revenge.
Sabotage: The deliberate undermining of a person’s work performance.
Threatening: Acting in a deliberately frightening quality or manner.
EXAMPLES OF BEHAVIORS
I. Examples of Respectful Behavior:
Every person is expected to abide by these values and standards of respectful interpersonal behavior, communication, and professionalism:
We respect and value the contributions of all members of our community; We listen first and take responsibility for all our behaviors, including all verbal and nonverbal actions;
We treat coworkers and others with respect, civility, and courtesy; We work honestly, effectively, and collegially;
We respond promptly, courteously, and appropriately to requests for assistance or information;
We use conflict management skills, together with respectful and courteous verbal communication, to effectively manage disagreements;
We encourage and support all coworkers and others in developing their individual conflict management skills and talents;
20.79 Administrative Procedure Order II-1B
Section II, #1B (Effective April 2017)
We have an open and cooperative approach in dealings with employees, recognizing and embracing individual differences;
We recognize that differing social and cultural standards may mean that behavior that is acceptable to some may be perceived as unacceptable or unreasonable to others; We abide by all applicable rules, regulations, and policies and address any dissatisfaction with, or violation of, policies and procedures through appropriate channels;
We demonstrate commitment to a culture where all coworkers cooperate and collaborate in using best practices to achieve positive work-related outcomes; and We are responsible stewards of resources and human assets to achieve excellence and innovation in the service to our community.
II. Examples of Disrespectful Behavior
Every person is expected to refrain from exhibiting disrespectful behavior. Examples of disrespectful behavior can include, but are not limited to, the following:
Use of threatening or abusive language, or language that is intended to be, or is perceived by others to be, demeaning, berating, humiliating, or offensive; Intentionally ignoring someone, picking on an individual or group, or bullying; Making threats of violence, retribution, or financial harm; shouting or engaging in other speech, conduct, or behaviors that are reasonably perceived by others to represent intimidation;
Using racial or ethnic slurs; demonstrating racial, gender, sexual orientation, or cultural bias (see also 1) City Council of Santa Cruz Policy 25.2 (Discrimination and Harassment Policy), and 2) Administrative Procedure Order II-1A, (Discrimination/Harassment Policy Implementation and Complaint Procedure)); Making or telling jokes that are intended to be or that are reasonably perceived by others to be derogatory, crude, or offensive; teasing, name-calling, insulting, ridiculing, or making someone the brunt of pranks or practical jokes; Using sarcasm or cynicism directed as a personal attack on others; Spreading malicious rumors or gossip;
Throwing instruments, tools, office equipment, or other items as an expression of anger, criticism, or threat, or in an otherwise disrespectful or abusive manner; Making comments or engaging in behavior that is untruthful or directed as a dishonest personal attack on the professional or personal conduct of others; Retaliation;
Sabotage; and
Insubordination: Not submitting to authority; being disobedient to proper direction from an organizational superior, including, but not limited to, refusal to do an assigned job, refusal to render assistance, refusal to work overtime when mandatory, insolent response to a work order, or unreasonable delay in carrying out an assignment.
20.80 __________
RESPECTFUL WORKPLACE
CONDUCT COMPLAINT FORM
SECTION I. Complainant Information (Person filing this complaint) Name: _______________________________________________________________ Address: ______________________________________________________________ Phone: _______________________________________________________________ Position: ______________________________________________________________ Supervisor: ____________________________________________________________ SECTION II. Respondent Information (Person this complaint is being filed against) Name: _______________________________________________________________ Job Title: _____________________________________________________________ Department: ___________________________________________________________ SECTION III. Description of Complaint
Date and Time of Incident: _______________________________________________ Location of Incident: ____________________________________________________
1. Please provide a description of the incident(s) constituting the alleged violation.
Include the person(s) involved, and the name(s), and contact information of any person(s) who may have knowledge of the incident(s). (Attach additional sheets if necessary.)
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
20.81 __________
2. What is the remedy being sought for this complaint?
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ SECTION IV. Confidentiality
To the extent possible, it is the intention of the City to protect the confidentiality of any person who contacts the City for the purpose of seeking information, assistance, or counseling regarding this Policy. Information given to the City in the course of an internal investigation is not confidential; however, except as required by Public Records laws or the requirements of a thorough investigation, the City will release information only on a “need-to-know” basis. If you have questions about personal safety or personal privacy, you should discuss these questions with the Human Resources Department, your union representative, or your own attorney prior to providing information.
I have read and understand the City’s Respectful Workplace Conduct Policy and declare that the information contained herein is true and correct.
_____________________________________ ____________________________________ Signature of Complainant Date
Internal Use Only:
Complaint Received by: _________________________________________________________ Signature: ____________________________________________________________________ Date Received: ________________________________________________________________
20.82 SUCCESSOR MOU NEGOTIATIONS
CITY OF SANTA CRUZ AND
POLICE OFFICERS ASSOCIATION
TOTAL TENTATIVE AGREEMENT
February 14, 2023 – CORRECTED (3/20/23)
In accordance with the parties signed Ground Rules, the parties enter into the following Tentative Agreement.
Item Agreement MOU Section
Term
The City parties agree to an MOU
commencing on March 4, 2023 expiring
on March 4, 2026.
Section 1.00
Structural
compensation
increases
The City will assume the cost of
structural compensation increases from
step increases and retirement benefits.
All represented employees will receive
a 4.0% COLA effective the pay period
beginning March 4, 2023.
All represented employees will receive
a 4.0% COLA effective the pay period
beginning March 2, 2024.
All represented employees will receive
a 4.0% COLA effective the pay period
beginning March 1, 2025.
Section 14.01
Longevity Effective the pay period beginning
March 4, 2023 the longevity pays for
10, 15, and 20 years of service will
each be set at five percent (5%) for a
total of fifteen percent (15%)
Section 14.02.03
Salary Steps
(Schedule Change)
Effective the pay period beginning
March 1, 2025, Step B for Police Officer
shall be eliminated and employees who
are currently at Step B on the effective
date shall move to Step C.
Effective the pay period beginning
March 1, 2025, Steps A and B for
Police Sergeant shall be eliminated and
employees who are at Step A and Step
B on the effective date shall move to
Step C.
Section 14.02
20.83 Effective the pay period beginning
February 28, 2026, add a new top step
five percent (5%) above the current top
step to the salary compensation plan
for all represented positions (police
officer, sergeant, victims advocate, and
community service officer). All
employees at top step (J) for one year
or more to receive new top step on the
effective date; balance of employees at
current top step (J) receive new top
based on anniversary.
Investigations
Premium Pay
The Community Service Officer
classification will be added to the listed
classifications that when assigned to
Investigations will receive a five percent
(5%) special compensation added to
their base pay.
The special compensation will be
reported as income to PERS.
Section 14.08.01(A)
Education Incentive Community Service Officers will be
eligible for the following education
incentive compensation:
AA/AS Degree – 2.5% differential of
base pay
BA/BS- 5% differential of base pay
Section 14.19
Clean-up language
At the 2/3/23 meeting, POA discussed
concern associated with the
investigation pay and on-call pay and
receiving investigation pay if on light
duty. A request was made to separate
language. More specific information is
needed.
Clarity Neededplease provide
recommended clean
up language.
_________________________________ ____________________________ Tim Davis Mark Eveleth
City of Santa Cruz Police Officers Association
__________________________________ _____________________________ Date Date
__________________________________ _____________________________ Sara De Leon Joshua Trog
Chief People Officer Police Officers Association
__________________________________ _____________________________ Date Date
Mark Eveleth
Digitally signed by Mark
Eveleth
Date: 2023.03.21 09:30:02
-07'00'
Sara De Leon
Digitally signed by Sara De Leon
DN: cn=Sara De Leon, o=City of Santa Cruz,
ou=Chief People Officer, Human Resources,
[email protected], c=US
Date: 2023.03.21 09:18:37 -07'00'
Joshua Trog Digitally signed by Joshua Trog
Date: 2023.03.22 08:30:05
-07'00'
3/21/23
4-13-2023
20.84 _________________________________ ____________________________ Tori Zimmermann Robert Caposio
Police Officers Association Police Officers Association __________________________________ _____________________________ Date Date
Tori Zimmermann
Digitally signed by Tori
Zimmermann
Date: 2023.03.21 23:31:15 -07'00'
Robert Caposio
Digitally signed by Robert
Caposio
Date: 2023.03.22 08:37:46
-07'00'
20.85 1
Rosemary Balsley
From: Dusten Dennis <[email protected]>
Sent: Sunday, April 23, 2023 12:20 PM
To: City Council
Subject: Approve Police Officer Raise
Hello City Council,
Our crucial community safety officers need to be better paid. Please approve the proposed raise in your next meeting. It should be higher but this is a good start to attract and retain these invaluable members of our team.
Dusten Dennis
920 Cayuga St.
20.86 City Council
AGENDA REPORT
DATE: 04/13/2023
AGENDA OF: 04/25/2023
DEPARTMENT: Human Resources
SUBJECT: Resolution Adopting the Memorandum of Understanding with Service Employees Local 521 (HR)
RECOMMENDATION: Resolution adopting the Memorandum of Understanding with Service Employees SEIU Local 521.
BACKGROUND: The City Council approved the Tentative Agreement between the City and Service Employees SEIU at the November 15, 2022 Council meeting. Staff is now bringing the Memorandum of Understanding (MOU) for the employee organization before the City Council.
DISCUSSION: In accordance with the Meyers-Milias-Brown Act (MMBA) each Union’s MOU must be formally adopted by the City Council in a separate action. This is a routine action, no changes may be made to the MOU unless otherwise agreed upon by the City and the Unions.
FISCAL IMPACT: There are no additional fiscal impacts generated by final approval.
Prepared By:
Debbie Jones
Principle HR Analyst
Submitted By:
Sara De Leon
Chief People Officer
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. SEIU 521 2023 MOU_RESOLUTION.DOCX
2. PMA 2023-2027 MOU.PDF
21.1 RESOLUTION NO. NS-XX,XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ APPROVING
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA CRUZ AND THE SERVICE EMPLOYEES SEIU LOCAL 521
WHEREAS, the City Council approved the Tentative Agreements between the City and the Service Employees SEIU Local 521 at the November 15, 2022 Council meeting; and WHEREAS, staff has prepared the updated Memorandum of Understanding (MOU) document with the Service Employees SEIU Local 521 union; and WHEREAS, it is the obligation of the City Council to approve the MOU at a City Council meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz,that the City Council hereby approves the Memorandum of Understanding with the Service Employees SEIU Local 521.
PASSED AND ADOPTED this 25th day of April, 2023, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
21.2 2022-2025
MEMORANDUM OF UNDERSTANDING
CITY OF SANTA CRUZ AND
CITY OF SANTA CRUZ SERVICE EMPLOYEES
Service Employees International Union, Local 521
October 1, 2022 – October 10, 2025
21.3 2
2022-2025
MEMORANDUM OF UNDERSTANDING
CITY OF SANTA CRUZ AND
CITY OF SANTA CRUZ SERVICE EMPLOYEES, S.E.I.U., LOCAL 521
SECTION TITLE PAGE
Table of Contents
SECTION 1.00 - PREAMBLE .................................................................................................... 8 SECTION 2.00 – TERM ............................................................................................................... 8 SECTION 3.00 - NO ABROGATION OF RIGHTS .................................................................. 8 SECTION 4.00 - PAST PRACTICES ......................................................................................... 9 SECTION 5.00 - RECOGNITION .............................................................................................. 9 SECTION 6.00 - NO DISCRIMINATION .................................................................................. 9 SECTION 7.00 - UNION RIGHTS ............................................................................................ 10
7.01 Payroll Deductions .................................................................................................................. 10
7.01.01 Confidential Employees ......................................................................................................... 10
7.02 Memorandum of Understanding - Printing and Distribution ................................................... 11
7.03 Union Notification .................................................................................................................. 11
7.04 Display Space and Department Mail....................................................................................... 11
7.05 Time Off for Union Officials .................................................................................................. 11
7.05.01 Meet and Confer or Consult Sessions .................................................................................... 11
7.05.02 Union Stewards ..................................................................................................................... 11
7.05.03 Chief Stewards ................................................................................................................. 12
7.05.04 Union Leave ....................................................................................................................... 12
7.06 Access to City Facilities .......................................................................................................... 12
7.07 Bargaining Unit Employee Information.................................................................................. 12
7.08 Area Meetings ......................................................................................................................... 13
7.09 C.O.P.E. Deduction .................................................................................................................. 13
7.10 New Employee Orientation ............................................................................................................. 13
7.11 Weingarten Rights ......................................................................................................................... 14 SECTION 8.00 - PERSONNEL ACTIONS .............................................................................. 14
8.01 Personnel Files ........................................................................................................................ 14
8.01.01 Performance Evaluations ................................................................................................ 14
8.01.02 Late Evaluations .............................................................................................................. 15
8.02 Probation ................................................................................................................................. 15
8.02.01 Probationary Period ......................................................................................................... 15
21.4 3
8.02.02 Objective of Probationary Period .................................................................................... 15
8.02.03 Rejection of Probationary Employee .............................................................................. 15
8.02.04 Extension of Probation ................................................................................................... 15 SECTION 9.00 - WORK ASSIGNMENTS .............................................................................. 16
9.01 Work Shifts ............................................................................................................................. 16
9.02 Alternate Schedules/Flex Time, Telework, VTO and Developmental Assignments .............. 16
9.02.01 Voluntary Time Off ......................................................................................................... 16
9.02.02 Developmental Assignments ........................................................................................... 16
9.03 Sanitation Work Hours ............................................................................................................ 17
9.04 Part-Time Employees .............................................................................................................. 17
9.05 Seniority .................................................................................................................................. 17
9.06 Lunch Period ........................................................................................................................... 17
9.07 Rest Periods ............................................................................................................................. 17
9.08 Clean-Up Time ........................................................................................................................ 18
9.08.01 Dress Time ...................................................................................................................... 18
9.09 Emergency Meals .................................................................................................................... 18
9.10 Light Duty Assignments .......................................................................................................... 18
9.11 Parks Work Schedule .............................................................................................................. 18
9.12 Employment of “Regular, Limited Term” Employees ............................................................ 19
9.12.01 Definition ........................................................................................................................ 19
9.12.02 Notification to Employee ................................................................................................ 19
9.12.03 Terms and Conditions ..................................................................................................... 19
9.13 Water Treatment Plant Operator Shift Selection ............................................................................ 20 SECTION 10.00 - PAY RATES AND PRACTICES ............................................................... 20
10.01 Salary Steps ............................................................................................................................. 21
10.01.01 Salary Rates Upon Appointment ..................................................................................... 21
10.01.02 Advancement within the Range ...................................................................................... 21
10.02 Salary/Retirement.................................................................................................................... 22
10.02.01 Employees Hired On or Before May 11, 2012 (Tier I) ................................................... 22
10.02.02 Employees Hired on or After May 12, 2012 but before January 1, 2013 (Tier II) ......... 23
10.02.03 Employees Hired on or After January 1, 2013 (Tier III) ................................................ 23
10.02.04 Retirement, All Employees ............................................................................................. 24
10.02.05 Sick Leave Conversion ................................................................................................... 24
10.03 Longevity ................................................................................................................................. 24
10.04 Working Out of Classification ................................................................................................. 24
10.05 Shift Differential ..................................................................................................................... 25
21.5 4
10.06 Lone Operator Differential ...................................................................................................... 25
10.06.01 Water Plant Lone Operator ............................................................................................. 25
10.06.02 Wastewater Plant Lone Operator .................................................................................... 25
10.07 Overtime.................................................................................................................................. 26
10.08 Callback ................................................................................................................................... 27
10.08.01 Callback by Phone or Computer ..................................................................................... 27
10.08.02 Callback to Worksite ....................................................................................................... 27
10.09 Duty Assignment ..................................................................................................................... 27
10.09.01 Definition ........................................................................................................................ 27
10.09.02 Assignment ...................................................................................................................... 27
10.09.03 Compensation .................................................................................................................. 28
10.10 Bilingual Pay ........................................................................................................................... 28
10.11 City Translator ........................................................................................................................ 29
10.12 Overpayments and Repayment of Funds ................................................................................. 29
10.13 Reimbursement for Licenses and Certificates ......................................................................... 30
10.14 Departmental Technology Coordinator Differential ............................................................... 30
10.15 Leak Detection ........................................................................................................................ 30
10.16 Water Department SCADA System Coordinator ................................................................... 30
10.17 Water Department Store Keeper ............................................................................................. 30
10.18 Scuba Diving Premium Pay .................................................................................................... 30
10.19 Confined Space Rescue Premium Pay .................................................................................... 30
10.20 Alternative Transportation Incentive Program ........................................................................ 31
10.21 Planning Department Certification Compensation Incentive Premium Pay ........................... 31
10.22 Hazardous Materials Premium Pay ......................................................................................... 33 SECTION 11.00 - HOLIDAYS .................................................................................................. 33
11.01 Fixed Holidays ......................................................................................................................... 33
11.02 Floating Holidays .................................................................................................................... 34
11.03 Holiday Work .......................................................................................................................... 34
11.04 Holiday on Regular Day Off ................................................................................................... 34
11.05 Holidays During Vacation ...................................................................................................... 34
11.06 Holiday Pay-off ....................................................................................................................... 34 SECTION 12.00 - VACATION .................................................................................................. 35
12.01 Accrual .................................................................................................................................... 35
12.02 Scheduling of Vacation ........................................................................................................... 35
12.03 Illness During Vacation .......................................................................................................... 35
12.04 Rate of Maximum Vacation Accrual ...................................................................................... 35
21.6 5
SECTION 13.00 - SICK LEAVE ............................................................................................... 35
13.01 Definition ................................................................................................................................ 35
13.02 Accrual and Use ...................................................................................................................... 36
13.03 Limitations .............................................................................................................................. 36
13.04 Sick Leave Incentive Program ................................................................................................ 36 SECTION 14.00 - LEAVES OF ABSENCE ............................................................................. 37
14.01 Paid Leaves of Absence .......................................................................................................... 37
14.01.01 Personal Business Leave ................................................................................................. 37
14.01.02 Bereavement Leave ......................................................................................................... 37
14.01.03 Jury Duty ......................................................................................................................... 37
14.01.04 Absence for Examination ................................................................................................ 37
14.01.05 Blood Donations ............................................................................................................. 38
14.01.06 Military Duty................................................................................................................... 38
14.01.07 Workers’ Compensation ................................................................................................. 38
14.01.08 Paid Birth/Adoptive Leave .............................................................................................. 38
14.02 Unpaid Leaves of Absence ...................................................................................................... 38
14.02.01 Medical or Personal Leave .............................................................................................. 39
14.02.02 Pregnancy Disability Leave ............................................................................................ 39
14.02.03 Family Leave .................................................................................................................. 39
14.03 Continuation of Insurance Benefits During Unpaid Leaves of Absence ................................. 41
14.03.01 Personal Leave ................................................................................................................ 41
14.03.02 Medical Leave ................................................................................................................. 41
14.03.03 Family Leave .................................................................................................................. 41 SECTION 15.00 - BENEFITS .................................................................................................... 42
15.01 Medical Benefits ..................................................................................................................... 42
15.02 Dental Insurance...................................................................................................................... 43
15.03 Vision ...................................................................................................................................... 43
15.04 Long Term Disability .............................................................................................................. 43
15.04.01 Short Term Disability...................................................................................................... 43
15.05 Part-Time Employees - Benefits Proration ............................................................................. 43
15.06 Medical Plan ........................................................................................................................... 43
15.07 Retiree Health Program ........................................................................................................... 44
15.08 Life Insurance .......................................................................................................................... 44
15.09 Uniform Allowance ................................................................................................................. 44
15.10 Equipment Mechanic Tools .................................................................................................... 44
15.11 Principal Domestic Partners..................................................................................................... 45
21.7 6
SECTION 16.00 - SAFETY ........................................................................................................ 45
16.01 Intent ....................................................................................................................................... 45
16.02 Safety Committee .................................................................................................................... 45
16.03 Safety Boots ............................................................................................................................. 45 SECTION 17.00 - REDUCTION IN FORCE ........................................................................... 46
17.01 Layoffs .................................................................................................................................... 46
17.02 Bumping .................................................................................................................................. 46
17.03 Notification ............................................................................................................................. 47
17.04 Reassignment .......................................................................................................................... 47
17.05 Reinstatement .......................................................................................................................... 47
17.06 Continuation of Insurance Benefits ......................................................................................... 47
17.07 Retirement in Lieu of Layoff ................................................................................................... 48
17.08 Improper Layoff ...................................................................................................................... 48
17.09 Transition Training .................................................................................................................. 48 SECTION 18.00 - CONTRACTING OUT ............................................................................... 48 SECTION 19.00 - CAREER ADVANCEMENT ...................................................................... 49
19.01 Career Ladders ........................................................................................................................ 49
19.02 Job Opening Announcements ................................................................................................. 49
19.03 Training ................................................................................................................................... 49
19.04 Cross Training ......................................................................................................................... 49
19.05 Certification of Eligibles for Promotional Examinations ........................................................ 49 SECTION 20.00 - TUITION REIMBURSEMENT ................................................................. 49 SECTION 21.00 - GRIEVANCE PROCEDURE ..................................................................... 50
21.01 Purpose .................................................................................................................................... 50
21.02 Definition ................................................................................................................................ 50
21.03 Limitations .............................................................................................................................. 50
21.04 Procedures ............................................................................................................................... 50 SECTION 22.00 - DISCIPLINARY APPEALS PROCEDURE ............................................. 52
22.01 Definition ................................................................................................................................ 52
22.02 Pre-Action Procedure .............................................................................................................. 52
22.03 Post-Action Appeal ................................................................................................................. 53 SECTION 23.00 - DISCIPLINE................................................................................................. 54
23.01 Disciplinary Procedures .......................................................................................................... 54
23.02 Notice of Proposed Disciplinary Action ................................................................................. 54
23.03 Written Reprimands ................................................................................................................ 54 SECTION 24.00 – COMPENSATION STUDY ....................................................................... 55
21.8 7
SECTION 25.00 - AUTHORIZED AGENTS ........................................................................... 55 SECTION 26.00 - RENEGOTIATIONS ................................................................................... 55 SECTION 27.00 - SEVERABILITY ......................................................................................... 56 SECTION 28.00 - HOLIDAY CLOSURE ................................................................................ 56 SECTION 29.00 - AUTOMATIC DEPOSIT-NEW HIRES ................................................... 56 SECTION 30.00 - ELECTRONIC PAY STUBS ..................................................................... 56 EXHIBIT A – SERVICE CLASSIFICATIONS AND SALARY COMPENSATION PLAN ....................................................................................................................................................... 58 EXHIBIT B – STATEMENT OF EQUAL OPPORTUNITY AND NONDISCRIMINATION POLICY................................................................................................... 69 EXHIBIT C – DISCRIMINATION/HARASSMENT POLICY AND COMPLAINT PROCEDURE ............................................................................................................................. 73 EXHIBIT D – DIVISION STEWARDS ................................................................................... 78 EXHIBIT E – CLASSIFICATIONS REQUIRING SAFETY BOOTS................................. 79 EXHIBIT F – AGREEMENT REGARDING ASSISTANT TO LANDFILL OPERATIONS ASSIGNMENT............................................................................................................................ 81 Exhibit G – RESPECTFUL WORKPLACE CONDUCT ...................................................... 83 EXHIBIT H – CONFIDENTIAL CLASSIFICATIONS......................................................... 93 Exhibit I – CLASSIFICATIONS ELIGIBLE TO RECEIVE HAZARDOUS MATERIALS PREMIUM PAY ......................................................................................................................... 94
21.9 8
2022-2025
MEMORANDUM OF UNDERSTANDING
CITY OF SANTA CRUZ
AND
CITY OF SANTA CRUZ SERVICE EMPLOYEES, S.E.I.U., LOCAL 521 SECTION 1.00 - PREAMBLE
This Memorandum of Understanding is entered into by the City of Santa Cruz (hereinafter referred to as the City) and the City of Santa Cruz Service Employees, Service Employees International Union, Local 521, (hereinafter referred to as the Union), and, upon ratification by the Union membership and a determination is made by the City Council, is binding under Section 3505.1 of the Government Code.
The City and the Union have met and conferred in good faith and have arrived at an understanding concerning wages, hours, working conditions and other terms of employment.
The City and the Union recognize their obligation to provide services of the highest quality and efficiency to the community.
The City and the Union affirm the principal that harmonious labor/management relations are to be promoted and furthered.
SECTION 2.00 – TERM
The term of this agreement shall begin on October 1, 2022 and shall fully terminate on October 10, 2025.
Unless otherwise stated herein, all payroll related changes identified in this agreement will commence with the pay period beginning October 1, 2022.
SECTION 3.00 - NO ABROGATION OF RIGHTS
The parties acknowledge that City responsibilities and rights as indicated in current Article 1, Section 1, (Appendix A) of the City Personnel Rules and Regulations and all applicable State or Municipal laws are neither abrogated nor made subject to the meet and confer process by adoption of this Memorandum of Understanding.
Pursuant to Article 1, Section 1, (Appendix A), the City’s rights include, but are not limited to the exclusive right to determine the mission of its constituent departments, commissions, and boards; to determine the procedures and standards of selection for employment and promotion; to direct its employees; to assign work to employees in accordance with the requirements determined by the City; to establish and change work schedules and assignments; to determine the content of job classifications; to hire, transfer and promote or to lay-off employees for lack of work; to suspend, discipline and discharge employees for proper cause; to expand or to diminish services; and to determine the methods, means and personnel by which government operations are to be conducted, except as specifically modified by the terms of the Memorandum of Understanding.
21.10 9
The parties further acknowledge that the rights of employees are neither abrogated nor diminished by the adoption of this Memorandum of Understanding.
SECTION 4.00 - PAST PRACTICES
The parties agree that they shall adhere to established labor relation’s principles in handling past practices. The parties agree that a past practice may be established if the practice meets all of the following:
1) The practice is unequivocal and consistently performed; 2) The practice is clearly communicated by the City and acted upon by the Union or clearly communicated by the Union and acted upon by the City; and 3) The practice is readily identifiable over a reasonable period of time as a fixed and established practice accepted by both parties.
The parties agree in handling past practice issues within the scope of representation:
1) Past practices superseded by revised M.O.U. language are null and void; 2) Past practices which contradict existing M.O.U. language or written City rules shall be null and void upon reasonable notice from the City that the language will be followed;
3) Past practices within scope which are not covered by M.O.U. language or City rules shall remain in effect through the term of the M.O.U. unless changed through mutual agreement.
SECTION 5.00 - RECOGNITION
Pursuant to the Meyers-Milias-Brown Act and the City’s Personnel Rules and Regulations, the Union is certified as the recognized employee organization for full-time, limited-term (See Section 9.12), and part-time regular employees in classifications listed in the City’s Salary Compensation Plan for Service Employees, the current version of which is Exhibit A attached hereto. This unit shall be titled Service Employees.
SECTION 6.00 - NO DISCRIMINATION
A. The Union and the City agree to adhere to the City Council policies pertaining to the prevention of discrimination, harassment, and disrespectful workplace conduct as listed in Exhibits B, C, and G as well as applicable Federal and State discrimination law.
B. Neither the City, nor the Union, shall interfere with, intimidate, coerce or discriminate against City employees because of their exercising their right to form, join, and participate in the activities of the Union, or exercising their right to refuse to join or participate in the activities of the Union.
21.11 10
SECTION 7.00 - UNION RIGHTS
7.01 Payroll Deductions
A. The City shall honor the terms of the employee’s authorization for Union deductions, for example, any terms of a membership and deduction authorization card the Union has supplied the employee. The employee may only revoke the authorization pursuant to the terms of the authorization the employee signed.
B. Deductions shall start the pay period after the City receives notification of the authorization. The City shall transmit such payments to the Union through electronic funds no later than thirty (30) days after the deduction from the employee’s earnings occur.
C. Requests to authorize payroll deductions for Union purposes or COPE deductions shall be directed by the employees to the Union rather than the City. Requests to revoke or change the authorization shall also be directed to the Union rather than the City. The City shall rely on the Union’s explanation in a certified list, submitted by a representative of the Union who has the authority to bind the Union, regarding whether authorization/ revocations/ changes in deductions have been requested by the represented employees.
D. The Union shall not provide the City a copy of the employee’s authorization unless a dispute arises about the existence or terms of the authorization.
E. The City shall on a bi-weekly basis, provide the Union with an electronic file containing payroll information for SEIU 521 employees including the following information:
name; job classification; department; work location; work phone; work email (if available); personal email (if available); home address; mailing address; cell phone (if available); home telephone number; date of birth; date of hire; hourly rate; status (part-time or full-time); union deductions; annual salary; and employee identification number.
F. The Union shall indemnify, defend, protect and hold harmless the City and its elected and appointed officials, officers, employees, officers and agent (collectively hereafter the “Indemnitees”) from and against any and all claims, liabilities, losses, damages, fines, penalties, claims, demands, suits, actions, causes of action, judgments, costs and expenses (including, but not limited to, reasonable attorneys’ fees and court costs) arising from the application of any provisions under Sections 7.01-7.10, including, but not limited to, any claims made by any represented employees for the dues deductions the City made in reliance on the Union’s certification, and any claims made by any represented employees for any deduction cancellation or modification the City made in reliance on the information provided by the Union. In the event any such action or proceeding is brought against the City by reason of any such claim, the Union, upon notice from the City, covenants to defend such action or proceeding by counsel reasonably satisfactory to the City. Further, the Union agrees to indemnify and hold harmless the Indemnitees for any loss or damage arising from the Union’s actions or inactions under Sections 7.01-7.10.
G. Violations of this section of the MOU are grievable.
7.01.01 Confidential Employees
Employees filling positions designated as confidential (see Exhibit H) are represented and may hold membership in the Union but are excluded from active participation as negotiators, committee chairpersons, or any other role in which they represent the Union in matters within the scope of representation pursuant to Section 3507.5 of the Meyers-Milias-Brown Act.
21.12 11
7.02 Memorandum of Understanding - Printing and Distribution The City and Union will share the cost of printing copies of this Memorandum of Understanding in a mutually agreeable format and make it available to all members. Such distribution shall only occur during an employee’s rest period, meal break or non-work time.
When a person is hired in any classification covered by this Memorandum of Understanding, the City shall notify the person that the Union is the recognized employee organization and of the agency shop provision. The City will provide that person with a copy of the current Memorandum of Understanding.
7.03 Union Notification
Except in cases of bona fide emergencies, the Union shall be given fourteen (14) calendar days’ advance written notification of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council, or management, and shall be given the opportunity to meet and confer with the City representative prior to its adoption.
7.04 Display Space and Department Mail
The City shall provide display space at each facility covered by this Agreement, for the posting of notices approved by the Union. It shall be the Union’s responsibility to maintain the information on the display space. The display space will be clearly marked as Union Display Space.
The Union shall have reasonable access to display space and departmental mail for the purpose of Union communications.
7.05 Time Off for Union Officials
7.05.01 Meet and Confer or Consult Sessions
During the term of this agreement, a reasonable number of Union members (eight plus the President or Vice-President of the Local) shall be allowed a reasonable amount of paid release time off for meet and confer or meet and consult sessions scheduled with the City Council’s designated representative, providing there is no disruption of work in the employee’s division.
The exact number to be released shall be determined by mutual agreement prior to the session; and shall vary by the type of issue being discussed (i.e., single department affected, multiple departments affected, etc.). The Union shall notify the Human Resources Director in advance of the meeting of the names of members who will be in attendance.
Human Resources will request release time from the supervisors of those Union members before leaving their work or work locations, such Union members will obtain permission from their supervisors. Supervisors are assumed to have granted such permission unless they respond otherwise to the request from Human Resources.
7.05.02 Union Stewards
The Union shall be authorized to designate employees within the unit as stewards, not to exceed
21.13 12
twenty- five (25) in number, and must furnish a list of these stewards to the Human Resources Department annually and as needed when changes occur. Stewards shall be allowed a reasonable amount of paid release time for the purpose of representing a unit employee within the steward’s area of representation as shown in Exhibit D in the filing or processing of identified grievances or disciplinary appeals as long as there is no disruption of work in the employee’s division. The Union may designate an alternative representative when it deems appropriate. Stewards must first obtain permission through appropriate management channels before leaving their work or work location for such purposes. This provision shall be limited to periods of regular working hours. It is agreed the City shall not pay stewards for time spent in handling grievances when they are not regularly scheduled to work.
7.05.03 Chief Stewards
The Union may designate up to five (5) Chief Stewards. Chief Stewards shall be entitled to release time to replace stewards when the Division Steward is not available.
7.05.04 Union Leave
Upon request of the Union’s Santa Cruz Area Director, workers who are Union members may request unpaid release time not to exceed twelve (12) months for Union business. A worker granted such leave, who has regular status in their job class, shall have the right to return to their former position. In the event that the worker wants to continue benefits coverage (including medical, dental, vision and life insurance) through the City plans, arrangements will be made for the Union to reimburse the City for costs associated with continuing such coverage.
The Union may have the City Chapter President or Vice President of the Union released on work time to attend City Council meetings on matters within the scope of representation related to bargaining unit employees, upon approval of the Human Resources Director.
7.06 Access to City Facilities
With a minimum of two-day’s notice within the regular work week (M-F) and the approval of the site administrator, the Union’s representative may meet with members on City facilities during the non-working hours of the employees involved. For the purpose of Union access, employees involved who have a paid lunch shall be allowed to attend a meeting pursuant to the above, however, if called back to work the employee shall return to their duties. The nonworking hours restriction does not apply to the handling of grievances. A reasonable effort will be made to accommodate the Union representative.
7.07 Bargaining Unit Employee Information
A. Bargaining Unit Employee List
On a bi-weekly basis, the City shall supply the Union with a comprehensive list of all employees covered by this MOU with the following information: full name, employee number, job classification, date of hire, termination date (if employment has ended), hourly rate, annual salary, date of birth, department, work location, work phone, work email (if available), personal email (if available), home address, mailing address, home phone, cellular phone (if available), and employment status (to include date of separation, etc.), to the extent permitted by law.
B. Protection of Contact/Biographical Information of Bargaining Unit Employees
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The City shall immediately notify the Union of any third-party requests for contact and/or biographical information about the bargaining unit employees. The City shall promptly provide the Union a copy of the request and any material submitted with the request.
The City shall provide the Union at least ten (10) days to review the request and challenge the scope of the request prior to the City responding to the request. The City agrees to consider the Union’s response prior to disclosing to a third party any contact and/or biographical information about the bargaining unit employees.
7.08 Area Meetings
The City shall provide employees two (2) hours of release time per area Union general membership meeting. The two (2) hours includes travel time to and from the meeting and cannot result in an adverse impact on City operations. The purpose of area meetings shall be to nominate and elect shop stewards and to provide a forum for Union communications. There shall be a maximum of three (3) area meetings annually. Union representatives shall have access to City facilities during work hours to conduct such area meetings with employees. The Union shall notify the Human Resources Director at least ten (10) workdays in advance of the date, time, and location of each area meeting. No more than two (2) Union officials shall be provided release time to conduct these meetings. In addition, during successor MOU negotiations, the City will allow no more than eight (8) bargaining team members to attend Area Meetings.
7.09 C.O.P.E. Deduction
The City agrees to the establishment of a payroll deduction program for voluntary employee contributions to the Committee on Political Education, (C.O.P.E.) subject to the following conditions:
A. Voluntary deductions for C.O.P.E. shall be withheld only if the employee so authorizes in writing on a form provided by the Union and approved by the City.
B. Payroll deductions shall commence on the second pay period after the authorization is received by the City.
C. Employees may sign up, change the amount of their contributions or discontinue their contributions at any time in the manner consistent with Section 7.01.
D. The Union shall indemnify, defend and hold the City, its officers and employees harmless against any and all claims, demands, suits and from liabilities of any nature which may arise out of or by reason of any action taken or not taken by the City under the provisions of this section in the manner consistent with Section 7.01 G.
7.10 New Employee Orientation
A. The City agrees that each newly hired bargaining unit employee shall participate in a scheduled new employee orientation that includes a half-hour (30 minute) Union informational in-person meeting within the first thirty (30) days from the date of hire during regular working hours and onsite without the loss of compensation. The City shall notify the Union no less than ten (10) days of a scheduled new employee orientation.
B. The Union agrees that it shall pre-designate up to five (5) Union designee(s) mutually
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agreed upon by the City and the Union no more than two of which will attend each orientation, session, or meeting, provided that there is no disruption of work in each designated Union employee’s division due to these employees’ attendance. The Union agrees that it shall provide the names of the Union’s pre-designated designee(s) to the City’s Human Resources Director in writing, at least five (5) calendar days prior to the scheduled attendance at the orientation meetings, sessions, or trainings, Union designee(s) who are included in the written notice of attendance by the Union submitted to the Human Resources Director, at least five (5) calendar days in advance, shall be given release time to conduct such orientation sessions, meetings, or trainings under this Section. For purpose of this subsection, Union designee(s) may include, but not limited to, Union representatives, officers, stewards and members.
C. City representatives shall be absent from the room during any sessions, meetings or trainings conducted by the Union with newly hired employees. The City shall not discourage an employee’s participation in the Union portion of the onboarding process.
7.11 Weingarten Rights
All employees have the right to request a union representative to be present and to be represented in an investigatory interview with the employer when they reasonably believe that the interview may lead to disciplinary action.
SECTION 8.00 - PERSONNEL ACTIONS
8.01 Personnel Files
There shall be only one official personnel file which shall be maintained in the City’s Human Resources Department. Employees shall have the right to review their personnel files or authorize, in writing, review by their representatives. No adverse material will be placed in an employee’s personnel file without prior notice and a copy given to the employee.
Employees may cause to be placed in their personnel files responses to adverse material inserted therein.
8.01.01 Performance Evaluations
It is compulsory that all regular employees receive an annual written performance evaluation from their supervisors. Employees serving a six-month probation will be evaluated at the completion of their third and sixth month of service. Employees serving a twelve-month probationary period will be evaluated at the completion of their third, sixth, ninth, and twelfth month of service. All regular employees will be evaluated on their merit review dates.
Evaluations are intended to be a summary of the employee’s performance over the course of the evaluation period. Evaluations are also to be used as a tool to motivate the employee to work at their highest capacity and to communicate and document the employee’s level of performance. To this end, the supervisor and the employee will meet and discuss work responsibilities, job standards and objectives, review progress and plan for the employee’s future development prior to the evaluation being placed in the employee’s personnel file.
Supervisors will make every attempt to address performance issues in a timely manner throughout the evaluation period and provide appropriate feedback to employees on an ongoing basis.
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Any additions, corrections, deletions or changes on the original evaluation form, require initialing by both the maker of the amendment and the employee to indicate that the changes have been discussed and understood. No evaluation shall be made on hearsay statements.
Employees may also choose to appeal a performance evaluation to the department head and, if not satisfied, to the Human Resources Director and/or formally enter a response to the evaluation in their personnel file. Any unsatisfactory areas in an employee’s evaluation shall have attached reasons stated by the rater in the commentary section and shall include specific recommendations for improvement and provisions for assisting the employee in implementing any recommendations made. Disputes regarding performance reviews shall not be subject to the grievance process.
8.01.02 Late Evaluations
Failure of the supervisor to present the employee with the evaluation within sixty (60) calendar days of the due date, unless extension is mutually agreed upon in writing, shall result in a recommendation of step advancement in conjunction with Section 10.01.02. However, as soon as possible thereafter, the supervisor shall conduct a performance evaluation in accordance with Section 8.01.01.
8.02 Probation
8.02.01 Probationary Period
All original, promotional and re-hire appointments shall be subject to a probationary period of (a) twelve months for Wastewater Collections Maintenance Trainees; and, (b) six months for all other unit employees. Any time spent by an employee on unpaid status shall not be counted as qualifying service toward completion of the probationary period.
Employees hired into positions that require a one-year probation shall receive credit toward completion of the probationary period for any time spent in the same position on a temporary assignment immediately prior to the regular appointment. Such credit shall be given on a monthly basis up to a maximum of six (6) months of credit.
8.02.02 Objective of Probationary Period
The probationary period shall be regarded as part of the selection process and shall be utilized for training the new employee on work assignments and standards, and observing and evaluating the employees performance.
8.02.03 Rejection of Probationary Employee
During the probation period, an employee may be rejected at any time by the appointing authority without the right of appeal. Notification of rejection shall be served to the probationary employee in writing.
Any promoted employee who is rejected during the probationary period shall be reinstated to the position from which promotion occurred; unless the rejection is due to discharge in which case no reinstatement shall occur.
8.02.04 Extension of Probation
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All efforts shall be made to sufficiently evaluate the probationary employee during the assigned period. An extension of the probationary period may, however, be recommended by the appointing authority when good cause exists. Such extensions shall be for a specific period of time not to exceed three (3) months. The employee shall be informed in writing of the reasons for the period of the extension at least seven (7) calendar days prior to the scheduled end of the probationary period. With the employee’s consent, the probationary period may be extended as described above on less than seven (7) calendar days’ written notice.
SECTION 9.00 - WORK ASSIGNMENTS
9.01 Work Shifts
A standard work period for full-time employees is eighty (80) hours per pay period with two (2) or more consecutive days off per week. In accordance with the Fair Labor Standards Act (FLSA) the City shall designate a standard forty (40) hour work week for each pay period week. Alternative work schedules (other than an eight hour, five day per week schedule) may be established by the City in consultation with the Union.
Employees shall be assigned regularly scheduled starting and quitting times. A shift is defined as regularly set starting and quitting times. Affected employees and the Union shall be notified as much in advance as possible, but at least ten (10) working days in advance of changes in shift schedules and work weeks. At least fifteen (15) calendar days’ notice will be given to employees and the Union for changes to Police Records Technician schedules and the Union will have the opportunity to meet and respond to the Chief of Police and to present alternative scheduling plans for their review; the decision made by the Chief of Police regarding changing schedule plans shall be final.
9.02 Alternate Schedules/Flex Time, Telework, VTO and Developmental Assignments The City acknowledges that there may be benefits both to the City and the employee in alternative schedules. Employees may request that their department heads consider alternate scheduling of their work. Examples of alternate schedules include 4/10, 9/80, flex-time, job sharing, telework and voluntarily reduced work hours. The supervisor and department head may give consideration to such requests within existing law and policy, but are not obligated to change an employee’s schedule.
The City may establish alternate/flex schedules and/or regularly scheduled telework within the guidelines of Section 9.01 (Work Shifts) of the MOU and existing law and policy.
9.02.01 Voluntary Time Off
Requests for voluntary time off shall be made and granted according to APO #II-42, Voluntary Time Off (VTO) Program (June 2009). If requested, reasons for denial will be in writing.
9.02.02 Developmental Assignments
The City and the Union acknowledge that there may be benefits both to the City and the employee in offering voluntary developmental opportunities such as job rotations, job exchanges and other professional development and training techniques. These developmental assignments shall be in accordance with Section 10.04 (Working Out of Classification). Any
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schedule changes necessary to accommodate a developmental assignment shall be implemented in accordance with Section 9.01-Work Shifts of this MOU.
9.03 Sanitation Work Hours
All sanitation employees shall work a standard eight-hour (8) day, forty-hour (40) per week schedule.
9.04 Part-Time Employees
The City shall not increase a regular part-time employee’s work week for more than sixty (60) days without an opportunity for discussion between the employee and their supervisor.
Part-time employees who have their normal work schedule increased for a period that exceeds thirty (30) calendar days will have their benefit accruals increased accordingly. This applies only to an authorized increase in hours in the employee’s own classification or into another regular City classification.
Changes in regular part-time employee schedules that affect benefit accruals must be submitted via PAF.
9.05 Seniority
Subject to bona fide operational needs, seniority from the most recent date of hire in a regular position shall be the criterion used to determine eligibility and time for vacation (see also Section 12.02-Scheduling of Vacation), floating holidays and compensatory time off.
Seniority as a regular employee within the classification shall be the criterion used to determine shift selection and duty assignment. Within the sanitation division, seniority within the classification will be the criterion for route assignment.
When bona fide operational needs override the criterion of seniority for shift selection and duty assignment, the affected employee shall be furnished with a written description of those operational needs. Seniority shall not be the sole basis for rotational lead assignments or working-out-of-class assignments.
9.06 Lunch Period
All full-time employees shall be entitled to and expected to take an uninterrupted, unpaid lunch period of a minimum of thirty (30) minutes at or about the mid-point of their workday.
Wastewater Plant Operators, Water Plant Operators, Rangers, and Senior Rangers assigned to the Police Department are exempt from this requirement and entitled to a paid thirty (30) minute lunch period. Rangers and Senior Rangers assigned to the Water Recreation Facility are exempt from this requirement and entitled to a paid thirty (30) minute lunch period when the facility is open to the public. Supervisors may occasionally approve flexible scheduling of lunch periods for individual employees. Regular schedules that do not provide the required lunch period at or about the mid-point of the workday will not be allowed.
9.07 Rest Periods
Employees shall be allowed a 15-minute rest period during each four hours of regular work.
Departments may make reasonable rules concerning the scheduling of same. Rest periods not taken shall be waived. Rest periods cannot be taken at the beginning or end of a shift or combined with a meal period unless approved. This is not effective in periods of a bona fide
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emergency nature. Rest periods shall be considered work time.
9.08 Clean-Up Time
Employees who work with hazardous, contaminated and/or dirty materials shall be allowed 15 minutes, (or more, if approved by the supervisor), prior to their lunch periods and before the end of their workdays to clean up. The City shall provide access to wash stations at all facilities.
9.08.01 Dress Time
Employees who are required to wear a uniform that is maintained, laundered and provided by the City and required to change into/out of said uniform at their work location shall be permitted to take ten (10) minutes of work time when changing into/out of required uniforms. This time may not be added to Clean-Up Time taken in accordance with Section 9.08 nor is it eligible for overtime without prior approval from the supervisor. This section does not preclude employees from voluntarily and without additional compensation electing to arrive and change prior to their scheduled start time. This provision does not apply to equipment donned temporarily over a uniform to complete specific tasks.
9.09 Emergency Meals
The City shall provide meals for employees assigned to work emergency or unscheduled overtime when an employee works four or more hours contiguous to their regular work shift.
Thereafter, an additional meal shall be provided for every four-hour period. Location of meal sites shall be pursuant to administrative directive. The maximum emergency meal allowance will be $25.00.
9.10 Light Duty Assignments
If an employee’s medical condition temporarily precludes the performance of their normal duties and management determines modified work is available and necessary to be performed, they may, with medical authorization from the employee’s personal physician, be temporarily assigned to such work for a period not to exceed six (6) months, unless an extension is approved by the Appointing Authority. No change in base pay will result in this temporary assignment.
The Human Resources Department will review departmental denials of requests for light duty assignments. The employee may request a meeting with the Human Resources Department to review any denial; at the employee’s request, the employee’s representative may accompany the employee to this meeting.
9.11 Parks Work Schedule
A. Parks employees actually working eight (8) consecutive days or more, shall receive compensation of time and one half (1½) for those hours worked in excess of five (5) consecutive days. Paid time off in excess of three (3) hours shall not be considered time worked for the purpose of this payment. For example, an employee taking a paid leave in the middle of an eight (8) day work cycle would not qualify for overtime compensation.
Employees shall have the option of receiving the overtime compensation in the form of pay or compensatory time off.
The above pertains only to those employees who are rotating between assigned shifts.
B. All Parks employees periodically assigned to work weekends shall do so on a two
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(2) month rotational basis or longer, if by mutual agreement.
It is mutually understood that the difference in rotational schedules shall not be construed to diminish the City’s rights to transfer employees.
9.12 Employment of “Regular, Limited Term” Employees
9.12.01 Definition
Regular, limited Term is an appointment to an authorized position budgeted for a period of thirty-nine (39) weeks or more, but less than fifty-two (52) weeks. For example, a thirty-nine (39) week employee may be placed in active status from March through November and be placed on furlough from December through February. No City employment, including temporary assignments, may be held during a furlough period except when offered to temporarily fill a vacant regular position in the same classification. Authorized Regular, Limited Term positions that are included in the covered classifications in the existing Service M.O.U. are covered by this agreement pursuant to Section 5.00-Recognition of the M.O.U.
9.12.02 Notification to Employee
All regular, Limited Term employees shall be notified in writing of their term of employment at hire, including their specific furlough period. Employees shall be notified as soon as possible, but no less than ten (10) calendar days, of any changes to this work schedule.
9.12.03 Terms and Conditions
Changes to the M.O.U. that affect the terms and conditions of Regular, Limited Term employees are as follows:
1. Active Status: Employees shall receive the same benefits as other regular employees during their active working status.
A. Probationary Period/Step Increases: Probationary period and step increases will be in accordance with Section 8.02-Probation and 10.01.02-Advancement Within the Range of the M.O.U. It is understood that no credit towards probation or step increase advancement will be received during the furlough period.
B. Holidays: Employees shall receive all holidays occurring during their period of active status.
2. Furlough Status: Employees are not entitled to receive any City paid benefits or accrue leave time during their furlough (non-working) status. A furlough is not considered a leave of absence or a layoff.
A. Medical, Dental, Vision Benefits: During periods of furlough, Regular, Limited employees shall have the following options:
1. Discontinue health coverage.
2. Continue health coverage by paying the appropriate premium.
3. Continue health coverage by paying the appropriate premium, in advance, by payroll deduction during active status.
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B. Vacation/Sick Leave: Employees may not accrue sick or vacation leave or use any leave during their furlough. Any time accrued while in active status will remain in the employee’s account balance during the term of the furlough.
C. Holidays: Employees will not receive any payment or time off for holidays which occur during their furloughs.
9.13 Water Treatment Plant Operator Shift Selection
(NOTE: This section does not pertain to temporary schedule changes to cover time off when appropriate, i.e. vacations, trainings, etc.)
Seniority as a regular employee within the classification shall be the criterion used to determine shift selection (subject to bona fide operational needs; i.e. SCADA system coordinator).
• Shift schedules will be determined by the CPO prior to shift selection. • Shift selection shall occur:
o Annually with the actual shift changes occurring on the first Saturday of January.
o Whenever there is a shift that needs to be filled (i.e. after a retirement). o Whenever a new hire becomes qualified to work a stand-alone shift (typically after the probation period as a T3 Operator). • During the shift selection process Operators will choose one of the shifts established by the supervisor, in order of seniority.
• As per MOU Section 9.05, Seniority as a regular employee within the classification shall be the criterion used to determine shift selection and duty assignment. Plant Operators I and II will be considered within the same classification and Plant Operators III and IV will be considered within the same classification for the purpose of seniority privileges. • With CPO approval Operators may swap shifts on a voluntary basis; which is not subject to seniority bumping.
• Weekend rotations will continue as currently practiced: every four months on the first Saturday of May, September, and January.
SECTION 10.00 - PAY RATES AND PRACTICES
1. Cost of Living Adjustments
a. Effective the pay period that begins on October 1, 2022, the salary for all bargaining unit members shall be increased by an additional four and half percent (4.5%).
b. Effective the pay period that begins on September 2, 2023, the salary for all
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bargaining unit members shall be increased by an additional four percent (4.0%). c. Effective the pay period that begins on August 31, 2024, the salary for all bargaining unit members shall be increased by an additional three and a half percent (3.5%).
2. Delete Steps A & B from the Salary Compensation Plan/Schedule for all classifications a. Employees currently in Steps A & B will move to Step C effective after City Council approves an MOU in open session, employees are eligible for advancement to the next hire salary step on their next regularly scheduled merit review. Steps D-J will be adjusted upwards accordingly to maintain five percent between steps.
b. Step C of the Facility Attendant, Landfill Gate Attendant and Parking Attendant classification will be set to the current benefitted living wage of $19.01/hour.
3. Effective October 1, 2022 or the first pay period in which Council approves an MOU in open session, whichever is later, employees will receive a one-time signing bonus of $1,800 for full time employees, and pro-rated for part time employees.
4. Furloughs: The City agrees that there will be no furloughs during the term of this Agreement.
10.01 Salary Steps
Each classification in the bargaining unit shall be assigned a salary range that increases by 5% between steps.
10.01.01 Salary Rates Upon Appointment
New employees shall be hired at the first step of the classification’s salary range unless a higher starting step is recommended by the appointing authority based on the employee’s advanced qualifications for the position and such recommendation is approved by the Human Resources Director for Steps A-H and the City Manager for Steps I-J. The City and the Union will meet quarterly to review data and trends of appointments above the first step.
Promoted employees shall be appointed to the first step in the salary range for the new classification. However, if such employee is already being paid at a rate equal to or higher than the first step of the higher range, the employee shall be placed at the next higher step in the new range that will result in at least a 2.5% salary increase if promoted to another Service position and at least 5% if promoted to a Supervisory or Management position. A higher promotional salary may be recommended by the appointing authority based on an employee’s advanced qualifications for the position. Such recommendation is subject to approval by the Human Resources Director and the City Manager.
10.01.02 Advancement within the Range
A. Advancement within a classification’s salary range shall normally be granted on the employee’s scheduled merit review date. Such advancements shall be based solely on meritorious job performance as documented by a satisfactory performance evaluation submitted by the department head and approved by the Human Resources Director.
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B. All new and promoted employees shall be granted their first merit increase upon successful completion of the probationary period (see Section 8.02-Probation), with the exception of employees in the Wastewater Collection Maintenance Trainee classification who will receive their first merit increase upon successful completion of six (6) months of active employment at the mid-point of their twelve (12) month probation and no merit increase at the completion of their twelve (12) month probation.
The employee shall then be eligible for subsequent merit increases after each full year on paid status, continuing until the top of the salary range is attained.
C. Merit increases shall normally be from one pay step to the next higher pay step. A double step increase may be recommended by the department head based on an employee’s exceptional performance as documented in her/her annual or end of probation performance evaluation. Such recommendation is subject to the approval of the Human Resources Director and the City Manager.
D. A merit increase may be denied by the department head when an employee’s job performance falls below the acceptable work standards for the duties assigned. The department head may, in such a case, recommend that the employee’s work performance be reviewed again at a specific time before the next review date. If a merit increase is granted at that time, the employee’s original review date shall change and s/he shall be eligible for the next merit increase after one year on paid status from the new review date. If a merit increase is denied notice shall be given to the Union by mail or other agreed upon process upon request of the employee.
E. An employee’s scheduled merit review date shall be adjusted for any time spent by the employee on unpaid status in excess of 80 hours.
F. When an employee’s position is reclassified to a classification with a higher salary range, the employee’s new pay shall be set at the first step of the new range or the next higher step in the new range that provides the employee a salary increase of at least
2.5%. This increase shall have no effect on the employee’s original merit review date.
10.02 Salary/Retirement
10.02.01 Employees Hired On or Before May 11, 2012 (Tier I) This section shall apply to employees hired on or before May 11, 2012 who are members of CalPERS.
A. Final Compensation Based on the Single Highest Year
For purposes of determining a retirement benefit, final compensation for employees covered by this section shall be based on the single highest year.
B. 2.0% @ 55 Pension Formula
The 2.0% @ 55 pension formula shall be available to all employees covered by this section who are members of CalPERS. Additionally, the City provides the PreRetirement Optional Settlement 2W Death Benefit to employees covered by this section.
C. Required Employee Contribution
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Members covered by this section will contribute the employee contribution amount established by CalPERS for the 2.0% @ 55 pension formula. The required employee contribution amount effective July 1, 2013 is 7% on a pre-tax basis. Effective July 1, 2012, employees picked up an additional 1% of PERS (total 8%) on a pre-tax basis.
Effective July 5, 2014, employees shall pick up an additional one and a half percent (1.5%) of PERS (total 9.5%) on a pre-tax basis.
10.02.02 Employees Hired on or After May 12, 2012 but before January 1, 2013 (Tier II)
This section shall apply to employees hired on or after May 12, 2012 but before January 1, 2013 who are members of CalPERS.
A. Final Compensation based on Three Year Average
For purposes of determining a retirement benefit, final compensation for employees covered by this agreement shall be based on the employee’s highest three year average.
B. 2.0% @ 60 Pension Formula
The 2.0% at 60 pension formula shall be available to all employees covered by this section who are members of CalPERS. Additionally, the City provides the PreRetirement Optional Settlement 2W Death Benefit to employees covered by this section.
C. Required Employee Contribution
Members covered by this section will contribute the employee contribution amount established by CalPERS for the 2.0% at 60 pension formula. The required employee contribution amount effective July 1, 2013 is 7% on a pre-tax basis. Effective July 1, 2012, employees picked up an additional 1% of PERS (total 8%) on a pre-tax basis.
Effective July 5, 2014, employees shall pick up an additional one and a half percent (1.5%) of PERS (total 9.5%) on a pre-tax basis.
10.02.03 Employees Hired on or After January 1, 2013 (Tier III) This section shall apply to employees hired on or after January 1, 2013 who are members of CalPERS, in accordance with law.
A. Final Compensation based on Three Year Average
For purposes of determining a retirement benefit, final compensation for employees covered by this agreement shall be based on the employee’s highest three year average.
B. 2% @ 62 Pension Formula
Members covered by this section will contribute the employee contribution amount established by CalPERS for the 2.0% at 62 pension formula. The required contribution amount effective July 1, 2013 is 6.75%. Effective July 1, 2013, employees picked up an additional one percent (1%) of PERS on a pre-tax basis for a total of 7.75%. Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to employees covered by this section. Employees covered by this section who are classic members as defined by CalPERS may be eligible for a different pension formula.
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C. Required Employee Contribution
Effective July 5, 2014, employees shall pick up an additional one and a half percent (1.5%) of PERS on a pre-tax basis above the employee’s legally required contribution as calculated by PERS (total of 9.25% as of the signing of this MOU).
10.02.04 Retirement, All Employees
The City shall maintain the IRS 414(h)(2) provision allowing employees to defer State and Federal Income taxes on their CalPERS contributions.
10.02.05 Sick Leave Conversion
The City will provide the sick leave conversion benefit in accordance with Government Code Section 20965.
10.03 Longevity
Upon completion of ten (10) years of continuous regular service employees shall receive a 2- 1/2% longevity pay increase. Upon completion of fifteen (15) years of continuous regular service employees shall receive an additional 2% longevity pay increase. Longevity is calculated from the date of hire into a regular status position or a fully benefited special status position. It is understood that longevity pay is considered “additional compensation” for purposes of PERS and tax computations.
10.04 Working Out of Classification
The term “working out of classification” is defined as a management-authorized assignment on a temporary basis of an employee in a lower classification to a budgeted higher classification.
Assignments will be made to qualified employees assuming a significant number of duties of the higher classified position. Whenever reasonably possible, prior to authorizing a working out of classification assignment the supervisor will inform qualified employees of the assignment and request volunteers. The Department may assign working out of classification on a rotational basis when the Department determines such rotational assignment would be appropriate. The purpose of rotation is to promote career ladder development. This article shall also apply for all hours worked in job sharing, job exchanges and other professional development and training opportunities within the City in accordance with Section 9.02- Alternate Schedules/Flex Time, Telework, VTO and Developmental Assignments and not subject to Section A and B of this article. Pay for “working out of classification” shall be as follows:
A. Employees appointed to fill vacant positions will receive working out of class pay beginning the first shift of the assignment, for all hours worked during the assignment.
B. Employees appointed to a position for vacation, sick leave or leave of absence coverage will receive working out of class pay beginning the first full shift of the assignment, for all hours worked during the assignment.
C. Working out of class pay will be the next highest pay step in the classification to which the employee is assigned. Working out of class pay will not be less than a 2.5% increase when assigned to another Service position. Employees who work out of class in a Supervisory or Management position will receive working out of class pay of not less than a 5% increase.
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D. If the 2.5% or 5% pay differential above does not result in the employee reaching at least the first step of the higher salary range, the employee will be placed at the first step of the higher salary range.
E. All assignments of more than 60 days will be made on a Personnel Action Form and will take effect at the beginning of a pay period, following the first day of the assignment.
F. For employees who are considered new members to CalPERS after January 1, 2013, the difference in pay shall not be considered pensionable compensation pursuant to CalPERS.
10.05 Shift Differential
Any employee who is required and authorized by management to work a regularly scheduled shift at least one hours or more of which fall between the hours of 6:00 p.m. and 6:00 a.m. shall be paid a shift differential of $0.90 per hour or five percent (5%) of base hourly rate for each hour worked within the shift differential period of 6:00 p.m. and 6:00 a.m., whichever is greater.
Shift differential shall not apply to:
A. Paid leave hours, including vacation, sick leave, holidays and other paid leaves, provided in Section 14.00-Leaves of Absence.
B. Hours that are worked between 6:00 p.m. and 6:00 a.m. as a result of call-back, duty assignment, or overtime.
10.06 Lone Operator Differential
10.06.01 Water Plant Lone Operator
Water Treatment Operator III’s and IV’s assigned to the Water Treatment Facility will receive $2.00 per hour additional shift differential subject to meeting all the conditions listed below:
A. Department of Health Services Grade III Treatment Plant Operator Certification or higher.
B. Fully qualified to operate the Graham Hill Treatment plant without direct supervision as determined by the Superintendent of Water Plant and Production.
C. Works at least four (4) hours without any other qualified Water Treatment Operators present. Water Treatment Supervisor, Chief Plant Operator and Production Superintendent are not considered to be other qualified Water Treatment Operators for this section.
If the above conditions are met, then the shift differential will be paid for all hours worked on assigned “lone operator” shift.
10.06.02 Wastewater Plant Lone Operator
Plant Operator III’s or above assigned to the Wastewater Treatment Facility will receive $2.00
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per hour additional shift differential subject to meeting all the conditions listed below:
A. State Water Resources Control Board Grade III Wastewater Plant Operator Certification or above.
B. Fully qualified to work at the City of Santa Cruz Wastewater Treatment Plant as the Lone Operator.
C. Understand and accept the “Working Alone Job Assignments and Scope of Responsibilities for the Lone Operator at the City of Santa Cruz Water Pollution Control Facility.”
D. Works at least four (4) hours without a Senior Plant Operator present (except for callback responses).
If the above conditions are met, then the shift differential will be paid for all hours worked on assigned “lone operator” shift.
10.07 Overtime
The Union understands that from time to time employees may be directed to work overtime hours. When overtime work is necessary, the City will make an effort to distribute overtime equally among qualified, regular full-time employees. To the extent possible, employees will be given advance notification. An employee may be excused from overtime work for legitimate reasons.
Overtime is defined as all management authorized hours in a paid status in excess of forty (40) hours per week, which are contiguous with the employee’s regular work schedule, excluding voluntary training. Overtime shall be computed at the rate of one and one-half times the base hourly rate or may be converted to compensatory time off at the rate of one and one-half times the hours worked.
Employees covered by the Fair Labor Standards Act (FLSA) are entitled to FLSA overtime which is defined as all hours required by management and actually worked by the employee in excess of forty (40) hours in a work period as defined by the City. FLSA overtime is compensated in pay or compensatory time off at one and one-half (1-1/2) times the employee’s regular rate of pay. The regular rate of pay is as defined in the FLSA.
Compensatory time off shall not be allowed to accumulate beyond eighty (80) hours at any given time.
Based on IRS tax law under constructive receipt rules an employee may use the following methods to meet the IRS rule.
• An employee with accrued compensatory time off shall be permitted to use such time within a reasonable period in the same calendar year as it was earned after making the request, unless such time off will unduly disrupt the operations of the department. • Roll over any accrued and unused compensatory time earned during the calendar year into a City-sponsored deferred compensation plan anytime during the calendar year. • Cash out all or part of the accrued and unused compensatory time anytime during the calendar year
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• Any remaining balance will be either rolled over to deferred comp or paid out as described above on the last payday in December.
10.08 Callback
Callback work is defined as work required by management of an employee who, following completion of the employee’s work day or work week and departure from the employee’s work site, is unexpectedly ordered to report back to duty or by phone or computer to perform necessary work.
10.08.01 Callback by Phone or Computer
If the employee is able to respond by phone or computer and is not required to report to the worksite, then:
A. For the first response of the day, a minimum of thirty minutes (0.5 hours) of overtime will be paid for actual overtime worked of less than thirty minutes. Thereafter, a minimum of fifteen minutes (0.25 hours) of overtime will be paid for actual overtime worked of less than fifteen minutes.
B. An additional minimum will not be paid if an employee is required to respond to additional call(s) and the time and duration of the response is within the previous minimum.
10.08.02 Callback to Worksite
A. All callback hours shall be paid at the overtime rate. A minimum of two (2) hours of overtime compensation shall be paid for all callback periods of less than two (2) hours.
B. Hours worked shall include reasonable travel time to work. Return travel time shall not be included within time worked.
C. If an employee, who was called back to work and has completed their assignment and left work, is again called back to work, they will not receive another minimum if the time of return is within the previous callback minimum.
D. Employees who are required to respond to the worksite will be provided mileage compensation, at the federal rate, for the use of their personal vehicles.
10.09 Duty Assignment
10.09.01 Definition
Duty assignment is defined as an assignment to an on-call status for a specified period of time.
While on duty assignment, an employee must remain available to be contacted by phone or pager and be able to report to work within a thirty (30) minute period. Duty assignment shall not be considered “hours worked” pursuant to the Fair Labor Standards Act.
10.09.02 Assignment
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Duty personnel shall be assigned on a weekly rotational basis from an established list consisting of, but not limited to, qualified volunteers. A voluntary rotation process will be the preferred method of duty assignment selection; however, the City may require duty assignment if there are insufficient qualified volunteers. Prior to making mandatory assignments, the City will notify the Union. Only “qualified” employees may be appointed to duty assignment lists, as determined by the appropriate department head(s). Such qualifications will be based on the nature and requirements of the tasks performed while on duty assignment. With the concurrence of the duty supervisor, duty assignments may be substituted by other personnel on an approved list, provided employees have at least one week between duty assignments.
10.09.03 Compensation
A. Weekdays
Duty personnel shall receive one and one half (1.5) hours of their base hourly salary for a sixteen hour assignment. If the Alternative Transportation Incentive Program (Section 10.20) is mutually agreed upon to be eliminated on or after July 5, 2014, then Duty personnel shall receive an additional one half (0.5) hour of their base hourly salary for a sixteen hour assignment, for a total of two (2.0) hours.
B. Weekends
Duty personnel shall receive two (2) hours of their base hourly salary for a twenty-four hour assignment. If the Alternative Transportation Incentive Program (Section 10.20) is mutually agreed upon to be eliminated on or afterJuly 5, 2014, then Duty personnel shall receive an additional one (1.0) hour of their base hourly salary for a twenty-four hour assignment, for a total of three (3.0) hours.
C. Holidays (City Designated Eight (8) Hour Holidays)
Duty personnel shall receive eight (8) hours of their base hourly salary for a twenty-four hour assignment.
D. Holidays (City Designated four (4) Hour Holidays)
Duty personnel shall receive four (4) hours of their base hourly salary for a twenty hour assignment.
E. All duty hours actually worked outside the employee’s regularly scheduled shift shall be compensated at the overtime rate. A minimum of two (2) hours of overtime will be paid for callouts of less than two (2) hours. An additional minimum will not be paid if an employee is required to perform an additional duty call and the time of return is within the previous duty call minimum.
If the assigned duty person or crew member assisting the duty person is required to respond to a call that requires them to work more than twelve (12) hours within a twenty-four hour period, and any portion of those twelve (12) hours is after midnight, the employee shall be entitled to an eight (8) hour rest period prior to returning to work.
If any portion of the rest period occurs during the employee’s regular schedule, the employee shall receive regular paid compensation for that time.
F. An employee shall have the option of receiving compensatory time off for the duty assignment compensation and hours worked.
10.10 Bilingual Pay
The City shall provide payment of an additional $0.55 per hour on the hourly rate for hours
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worked when the City certifies an employee as qualified and the position requires the use of bilingual language skills. This provision does not apply to the City translator.
10.11 City Translator
The City Manager may appoint one employee who has demonstrated fluency in three or more languages, including Spanish and English, to serve as translator for the City and to receive an additional pay of $100 per month while so acting.
10.12 Overpayments and Repayment of Funds
The City will not attempt to recover overpayments made to employees as a result of an error made by the City which are over 12 months old.
A. Overpayments
If an overpayment or unauthorized payment has been made to a City employee, the City shall notify the employee in writing and supply the employee with the documentation used to determine the overpayment.
If the employee contends that any portion or the entire amount is not owed, he or she may request a meeting with the City to attempt to resolve the disagreement. The employee may have a representative attend such meeting(s) with him or her.
B. Repayment of Funds
An employee will pay no penalties, fees or interest as a result of the overpayment when the City and employee mutually agree upon how the repayment will be made. The employee shall have the right to select one of the following options for repayment:
1. Lump sum payment with the date mutually established by the employee and the City (lump sum payments must be made if the total amount due is 5 percent or less than the employee’s biweekly gross salary).
2. Biweekly installment payments through payroll deduction (installment payments must be a minimum of $10 and repayment must be completed within twenty-six pay periods).
3. Any other repayment arrangement mutually agreed upon between the City and the employee.
The final agreement on the repayment will be committed to writing (including the lump sum payment date, or the biweekly amount and the beginning and ending date of the installment plan identified).
C. Referral to Collections
The City may refer an employee to a collection agency or seek payment only when the employee, after being duly notified of the overpayment and having had the opportunity to review the relevant documentation, refuses to agree to a repayment of the amount owed.
The employee will be notified of the referral and the City reserves all its rights to seek repayment and pursue all remedies under law including interest as it would for any other
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debtor.
10.13 Reimbursement for Licenses and Certificates
Employees shall be reimbursed for the cost of licenses and certificates which are required to perform their job duties. No reimbursement shall be made for fees of less than $5.
Employees whose job description requires a class A or B driver’s license (except Senior Water Distribution Operators or Distribution Operators as their base pay includes this premium) shall receive $50 per pay period provided they possess and maintain said required license in the performance of their job duties.
For classifications requiring certification at the Wastewater Treatment Facility and in the Wastewater Collections division, the City will pay one time on behalf of eligible employees the up-front costs associated with sitting for the applicable test. If the employee fails the test, all subsequent up-front costs associated with sitting again for the applicable test are the employee’s responsibility. Once the employee has passed the test, the City will pay, on behalf of eligible employees, the fee required to obtain the certificate itself.
10.14 Departmental Technology Coordinator Differential
An employee assigned as a Departmental Technology Coordinator by their Department Head will receive $60 premium pay per pay period during the period of such assignment. Such differential will become effective the first full pay period of the assignment.
10.15 Leak Detection
The Director of Water may, upon approval of the Human Resources Director, appoint an employee to be responsible for the leak detection program and to receive an additional $23.08 per pay period while performing these duties effective the first full pay period of the assignment.
10.16 Water Department SCADA System Coordinator
The Director of Water may, upon approval of the Human Resources Director, appoint one employee to be responsible for the Water Treatment Plant SCADA system and receive a 5% additional compensation while performing these duties effective the first full pay period of the assignment.
10.17 Water Department Store Keeper
The Director of Water may, upon approval of the Human Resources Director, appoint one employee to be responsible for the Water Distribution storekeeper function and to receive an additional $23.08 per pay period while performing these duties effective the first full pay period of the assignment.
10.18 Scuba Diving Premium Pay
Employees who perform scuba diving duties shall receive double time their hourly rate of pay while diving. After the first hour, payments shall be based on quarter-hour increments.
10.19 Confined Space Rescue Premium Pay
This Premium Pay is paid for positions which involve toxic or hazardous conditions.
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After receiving appropriate training provided by the City, all employees whose job description provides that they can perform confined space duties shall receive compensation of time and one half (1½) of their base hourly rate of pay for all hours worked while performing confined space duties. The hourly rate of pay for performing a confined space entry while on Overtime (MOU Section 10.07), Callback to Worksite (MOU Section
10.08.02), or Duty Assignment hours actually worked (MOU Section 10.09.03(E) will be calculated as time and one half (1½) the underlying overtime rate (two and one quarter {2¼} of the base hourly straight time rate.
Hours worked performing confined space entry under this section is calculated as follows, using the times entered on the Confined Space Entry Permit:
• The calculated time begins when the first participant physically enters the confined space and ends when the last participant leaves the confined space, as recorded on the “Confined Space Entry Permit” (if all employees should leave the confined space at any time, the calculated time will cease until such time as a participant may re-enter the confined space).
• The individual time segments will be added together to determine the total duration of the confined space entry event.
Example:
0900 Pre-entry checklist complete.
0915 A enters confined space; B and C are attending; clock starts. 0923 A exits confined space; clock stops; segment elapsed time = 8 minutes. 0932 A and B enter confined space; C is attending; clock starts again. 0945 B exits space; clock continues to run since A remains in the confined space. 0956 A exits confined space; clock stops; segment elapsed time = 24 minutes; this Confined Space Entry Event is now over.
Total time = 32 minutes
All participants in the event (A, B, and C) will enter the same cumulative total of thirty-two (32) minutes on their time sheets.
10.20 Alternative Transportation Incentive Program
In order to encourage use of public transportation and other alternative modes of transportation, the City will provide up to thirty percent (30%) reimbursement per employee of annual eligible transportation related expenses, subject to a cap, as defined in the City’s APO II-53- Alternative Transportation Incentive Program.
10.21 Planning Department Certification Compensation Incentive Premium Pay “Certification Compensation Incentive” (CCI) is a management-authorized remuneration for obtaining and maintaining recognized professional certification for Inspection Services Employees. Professional certification shall be from a state or nationally recognized agency, assuring certification promotes a higher level of competency which benefits the life, health and safety of the community. CCI will be made to qualified employees when evidence of
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recognized professional certification is approved by the Chief Building Official and Department Director.
A. Upon receipt of employee-provided certification, approval of professional certification will be verified by the department:
1. Professional certification shall be from a recognized state or nationally recognized agency acceptable to the City of Santa Cruz, such as International Code Council (ICC), International Association of Plumbing and Mechanical Officials (IAPMO), Council of American Building Officials (CABO) and California Division of the State Architect.
2. Professional certification shall be part of a core responsibility of the employee.
3. Professional certification shall be in distinct areas of expertise and shall not be duplicative. Therefore, only one certification per professional category is acceptable.
4. Professional certification shall be maintained active and in good standing. The certification holder shall meet the ongoing maintenance requirements of the approved issuing agency. This means renewing applicable certifications every three (3) years by completing the required number of CEU’s based upon the number and/or type of certifications as prescribed by the approved issuing agency.
5. Certification costs will be reimbursed with this program. It should be noted that this reimbursement is more generous than current MOU guidelines where reimbursement is provided for required certification only.
6. As this is a voluntary program, paid release time will not be provided; approval of employee requests for personal paid time off during working hours will not be unreasonably denied.
B. CCI will be calculated as follows:
1. An increase of two percent (2%) of the employee’s base salary will be applied for each approved professional certification.
2. A maximum number of professional certifications will be accepted as outlined in this section per job title, provided the base certification(s) requirement is met:
a. Building Inspector and Assistant Plans Examiner are eligible for up to five (5) paid certifications, after one (1) residential base certification (Building Inspector or Building Plans Examiner) is obtained.
b. Senior Building Inspector and Senior Plans Examiner are eligible for up to five (5) paid certifications, after one (1) combination residential and commercial base certification (Building Inspector or Building Plans Examiner) is obtained. c. Supervising Building Inspector and Supervising Plans Examiner are eligible for up to four (4) paid certifications, after two (2) combination residential and commercial base certifications (Building Inspector or Building Plans Examiner, plus either Mechanical, Electrical or Plumbing) are obtained.
C. Upon department approval and in accordance with Administrative Procedure Order (APO) II-17 a completed and approved Premium Pay Form is required before any change to an employee’s status and/or pay rate.
D. The department will verify maintenance of certification annually.
E. Lapse of Certification/Current Employees
1. If certification as part of this premium pay program lapses, the premium pay will be discontinued in the pay period in which the certification lapsed or became inactive.
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2. To clarify, for existing employees as of the effective date of this policy, because this is a voluntary program, current employees in the eligible classifications will not be required to obtain certification which are eligible for premium pay, similar to anyone in the classification. They will be encouraged to do so via this incentivized premium pay program.
10.22 Hazardous Materials Premium Pay
The City will provide a twenty-five dollar ($25) per month premium pay for all employees who may be exposed to dangerous chemicals and/or biohazardous materials as indicated in the job classification description and identified in Exhibit I.
SECTION 11.00 - HOLIDAYS
Part-time employees shall receive the following holiday benefits on a pro-rated basis, given the ratio of their budgeted work schedule to full time. (Except as modified by Section 9.04-Part-Time Employees.)
All employees will accrue paid holiday time for use in the pay period with the holiday. The accrual will be in the amount listed for the holidays listed in Section 11.01 (Fixed Holidays) of this MOU.
Employees must be in paid status the day before and the day after the holiday, and for at least 50% of the pay period, to accrue their holiday hours.
Employees are required to use holiday leave on holidays they do not work, even if they are on leave or are sick. The use of vacation, compensatory time, excess holiday, or other leave time on holidays is only allowed to make up the difference between the hours of holiday granted and the amount of hours the employee is scheduled to work.
11.01 Fixed Holidays
Employees within the unit shall have the following specific holidays with pay:
Eleven (Eight (8) Hour Holidays)
New Year’s Day
Martin Luther King’s Birthday
President’s Day
Memorial Day
Independence Day
Labor Day
Juneteenth
Veteran’s Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day
Two (Four (4) Hour Holidays)
The last four (4) hours of the work shift are Holiday hours for Christmas Eve (if Christmas Day is on a Tuesday–Saturday)
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The last four (4) hours of the work shift are Holiday hours for New Year’s Eve (if New Year’s Day is on a Tuesday–Saturday)
Except as provided for in Christmas Eve and New Year’s Eve, when a holiday falls on Sunday, the following Monday shall be observed. When a holiday falls on Saturday, the preceding Friday shall be observed.
The City shall recognize all other days appointed by the President of the United States or the Governor of the State of California as a nationwide or statewide public holiday provided specific prior approval is received from the City Council.
11.02 Floating Holidays
In addition to the above fixed holidays, employees shall accrue up to twenty-four (24) hours of floating holidays per fiscal year. Floating Holiday accrual shall be on a monthly basis. Fulltime employees shall accrue floating holiday at the rate of two (2) hours per month. Part-time employees shall accrue floating holiday on a pro-rated basis, given the ratio of their budgeted work schedule to full time (e.g., all employees working in a 20 hour/week position shall receive one (1) hour of floating holiday each month).
Floating Holidays may only be taken with prior approval.
Accumulation of Floating Holidays shall not exceed twenty-four (24) hours. Upon separation, the employees shall receive their unused accrued Floating Holiday.
11.03 Holiday Work
Due to the public service nature of City departments, some positions are required to work holidays on either a regularly assigned or emergency basis. The purpose of this section is to provide extra compensation to employees who are directed to work on any of the fixed holidays as listed in Section 11.01 – Fixed Holidays. This article applies to employees normally required to work on a fixed holiday (excluding observed holidays), based on a regular shift or rotating schedule, and to employees not normally required to work on a holiday, but who are directed to do so due to an operational need.
All of the above identified employees shall be compensated at the overtime rate of pay for all hours actually worked on the holiday. In addition, the employee shall receive their holiday pay or equivalent holiday time off at a later date, at the option of the employee.
11.04 Holiday on Regular Day Off
An employee whose regular day off falls on a fixed holiday shall receive equivalent holiday time off at a later date.
11.05 Holidays During Vacation
Fixed holidays which occur while an employee is on paid vacation leave shall be charged to holiday hours and not the employee’s vacation balances.
11.06 Holiday Pay-off
On the last pay day in June each year, any fixed holiday hours not taken prior to the twentysixth (26th) pay period of the fiscal year shall be credited to the employee’s vacation balance not to exceed the vacation accrual maximum set out in Section 12.04 - Rate of Maximum Vacation Accrual.
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SECTION 12.00 - VACATION
12.01 Accrual
Vacation accrual will be on a per pay period basis beginning at date of hire as a regular employee; however, no vacation time may be taken until a new employee has successfully completed six (6) months of paid service. An employee must be in paid status for at least fifty percent (50%) of a pay period to earn their vacation accrual. Annual vacation accrual for fulltime employees working forty (40) hours per week shall be based on continuous regular service, as follows:
Up to five (5) years: 80 hours
After five (5) years and up to ten (10) years: 120 hours After ten (10) years: 120 hours, plus 8 hours for each year of service after ten (10) years, to a maximum of 160 hours.
Part-time employees shall accrue vacation on a pro-rated basis given the ratio of their budgeted work schedule to full time (e.g., employees with up to five (5) years of continuous regular service working in a twenty (20) hour per week position shall accrue forty (40) hours of vacation annually.
12.02 Scheduling of Vacation
Vacation time may be used in increments of one hour or more. Whenever appropriate, vacation scheduling shall be done within the time frame established by the division. Vacation may be taken with twenty-four (24) hours prior notification and approval of the supervisor. A reasonable effort will be made to accommodate the employee.
Vacation periods of qualified employees shall be set with regard to the wishes and seniority of the employee, consistent with the efficient operations of the various City departments and divisions. Any disputes shall be resolved by the department head.
12.03 Illness During Vacation
An employee who becomes ill or is hospitalized while on vacation and provides a written statement from a licensed medical practitioner to this effect shall have the period of illness charged against sick leave and not vacation leave.
12.04 Rate of Maximum Vacation Accrual
Vacation accumulation may not exceed twice the annual rate of accrual, unless prior written authorization for a specified amount of hours and a specified amount of time is received from the Department Head and the Human Resources Director. Employees will receive at least sixty (60) days’ notice prior to exceeding their maximum accrual rate.
SECTION 13.00 - SICK LEAVE
13.01 Definition
The purpose of this section is to provide paid leave time to be used by employees in the event
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of their need for preventive healthcare, care of an existing health condition, as victims of domestic violence, sexual assault or stalking, and for the necessity of designated family members for the reasons specified below in Section 13.02.01-Family Sick Leave.
Employees may also use up to twenty-four (24) hours of their paid sick leave per fiscal year as specified in Section 14.01.01-Personal Business Leave and up to one (1) scheduled work week as specified in Section 14.01.02-Bereavement Leave.
13.02 Accrual and Use
Full-time employees shall accrue sick leave at the rate of eight (8) hours per month. An employee must be in paid status for at least 50% of a pay period to earn their sick leave accrual.
Part-time employees shall accrue sick leave on a pro-rated basis, given the ratio of their budgeted work schedule to full-time (e.g., all employees working in a 20 hour/week position shall receive four (4) hours of sick leave each month, except as modified by Section 9.04-PartTime Employees).
When accrued sick leave must be used, an employee will notify their immediate supervisor of the leave and its probable duration within one hour after the regular scheduled starting time.
Sick leave shall not be granted unless such report or advance reporting has been made; provided, however, that the department head may grant an exception to this policy when it is determined that the employee’s failure to notify was due to extreme circumstances beyond the control of the employee.
Employees shall be eligible for the sick leave advance program as specified in the Personnel Rules and Regulations rule #10.8-Sick Leave Depletion Allowance.
13.02.01 Family Sick Leave
Up to forty-eight (48) hours of accrued sick leave per fiscal year may be used when the employee’s personal attendance is required to care for a family member for preventive care, care of an existing health condition, or if they are a victim of domestic violence, sexual assault, or stalking. For the purposes of this provision, immediate family is defined as a wife, husband, son, daughter, father, mother, brother, sister, registered principal domestic partner, step-father, step-mother, grandparent, grandchild, or other close relation residing in the employee’s household. This forty-eight (48) hours limitation may be extended by the Human Resources Director with good cause.
13.03 Limitations
Upon advance written notice for a specific period and in conjunction with progressive discipline, a department head may require an employee to submit verification of an illness or injury from a licensed medical practitioner prior to any use of sick leave being authorized.
In cases of chronic absenteeism or medical work restrictions, the Human Resources Director may have an employee examined by a City-selected physician. The City shall pay the cost of any such medical exam.
13.04 Sick Leave Incentive Program
On the last pay day in June each year, employees who have accumulated more than 400 hours of sick leave will “bank” all hours in excess of 400. Employees may instead choose to convert
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sick leave hours in excess of 400 to vacation hours at the rate of 33% of their current base rate of pay (not to exceed the Vacation Accrual Limit set out in Section 12.04-Rate of Maximum Vacation Accrual). The City will notify employees at least two (2) weeks before banking excess hours of sick leave.
SECTION 14.00 - LEAVES OF ABSENCE
All leaves provided in this section shall be granted to full-time employees at the rates described.
Part-time employees shall receive paid leaves of absence on a pro-rated basis, given the ratio of their budgeted work schedule to full time.
14.01 Paid Leaves of Absence
14.01.01 Personal Business Leave
Employees may use up to twenty-four (24) hours per fiscal year of their accrued sick leave for the purpose of personal business which shall not include recreational activities.
14.01.02 Bereavement Leave
The purpose of this section is to provide paid leave for employees when they are bereaved at the death of a family member and this loss has had a temporary effect on their ability to continue their daily work performance.
A leave of absence with pay of up to forty (40) hours per incident may be granted an employee by the department head in the event of a death in the employee’s immediate family which shall for the purpose of this article include spouse, parent, son, daughter, grandparent, sibling, mother-in-law or father-in-law, brother-in-law, sister-in-law, grandchild of the employee or spouse, son-in-law, daughter-in-law, grandparent-in-law, registered Principal Domestic Partner, or other close relation residing in the employee’s household.
Additional leave equivalent to one (1) scheduled work week, chargeable to accrued sick leave, may be taken by an employee who needs additional time off in connection with a death in the family (as defined in this article).
14.01.03 Jury Duty
An employee required to report for jury duty or to answer a subpoena as a witness in their capacity as a City employee, except where the employee is suing the City, shall be granted a leave of absence with pay for actual time spent in court and in related travel, not to exceed the number of hours in the employee’s normal workday and work week. Employees assigned to swing, graveyard or other non-standard shifts shall receive equivalent time off when performing jury duty on their scheduled work day on the day the jury duty is performed. An employee must notify their supervisor of the expected duration of the absence and must present to the department head official documents supporting such duty. An employee shall reimburse the City for any jury services or witness fees received except mileage or subsistence allowance. This section shall not apply to grand jury service.
14.01.04 Absence for Examination
An employee shall be granted paid release time to participate in any part of an examination process for promotion or transfer within the City workforce that is scheduled during the
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employee’s regular hours of work. The employee shall notify their immediate supervisor twenty-four (24) hours in advance of such an absence.
14.01.05 Blood Donations
An employee may be granted paid release time of up to a maximum of one (1) hour for donating blood during regularly scheduled hours of work. The length of such leave must be approved by the supervisor and is dependent upon the nature and scheduling of the work performed and the travel distance required.
14.01.06 Military Duty
An employee who is a member of the National Guard or any reserve component of the armed services of the U.S. shall be granted up to thirty (30) calendar days per fiscal year of paid leave for any reserve training or active duty scheduled during the employee’s regular work hours.
The employee must give their supervisor forty-eight (48) hours advance notification of the need for such leave and must present a copy of the “notice” for such duty. All other military leaves shall be granted pursuant to relevant State and Federal statutes.
When employees who have at least one year of City service are called up to active-duty military service those employees shall receive the difference between military pay and their current base salary for a period of six (6) months in addition to the initial thirty (30) calendar day pay. The employee will be entitled to receive this pay upon submission of proof of active duty and proof of military pay, in accordance with the applicable City procedures.
Employees who exhaust the paid leave benefits described above may take unpaid leave pursuant to Section 14.02.01 and are not required to use vacation or other similar leave.
14.01.07 Workers’ Compensation
An employee who is entitled to continued temporary disability payments may use accumulated paid leave to supplement such payments to an amount equal to their net salary. After depletion of any accrued paid leaves, the employee shall be eligible for benefits only in the amounts prescribed by the workers’ compensation laws.
The Union and the City recognize that work-related injuries/illnesses can often be prevented.
Therefore, work-related injuries/illnesses shall be an ongoing agenda item for the Citywide Safety Committee. Proactive, preventive measures may be recommended by the Committee.
The Committee will also make recommendations on appropriate way(s) of reviewing workers’ compensation claims.
14.01.08 Paid Birth/Adoptive Leave
An employee is entitled to forty (40) hours leave with pay – prorated for part-time employees – at or about the time of the birth of the employee’s child or at the time of adopting a child.
The paid leave shall be within two (2) months of the birth or adoption. This leave will be considered a part of the time allotted to family leave as authorized in Section 14.02.03-Family Leave.
14.02 Unpaid Leaves of Absence
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14.02.01 Medical or Personal Leave
Leave of absence without pay will normally be granted to an employee in critical situations such as extended illness, disability, or personal emergency and may be granted in noncritical situations where such absence would not be contrary to the best interests of the City.
Approvals of all such leaves of absence are at the sole discretion of management. Such unpaid leave will only be granted after an employee has depleted all appropriate paid leaves, except that employees on medical leave may retain up to eighty (80) hours of accrued vacation and employees on Military Leave pursuant to Section 14.01.06 are not subject to the leave depletion requirement.
The department head may grant a leave of absence of up to thirty (30) consecutive calendar days; additional leave may only be granted by the City Manager. No vacation, holidays, sick leave, or any other paid benefit shall be accrued or earned during such leave. All requests for unpaid leaves of absence must be made in writing and include specific begin and end dates for the leave. Department heads shall grant leaves of absence requests within their department in a consistent and equitable manner. When requested, the department head shall meet with the employee to review the reasons for denial.
14.02.02 Pregnancy Disability Leave
An employee may take a leave of absence of up to four (4) months in length for the purpose of pregnancy disability leave. The employee must provide adequate medical certification regarding any work restrictions that may exist prior to or after the birth.
Requests for pregnancy disability leave must be made in writing to the department head at least thirty (30) days in advance of the anticipated starting date. Such requests must include specific beginning and ending dates for the leave. Starting dates should be as accurate as possible barring any unforeseen medical issues related to the pregnancy or earlier or later birth than anticipated. Any requests for extension of pregnancy disability leave must be made in writing to the department head at least ten (10) calendar days prior to the scheduled end of the existing leave.
The employee may elect to, or in some cases be required to, use accrued paid leaves either before or after an approved pregnancy disability leave, within the use limitations of those leave provisions. No combination of pregnancy disability leave, family leave, sick leave or vacation may exceed one (1) year total or seven (7) months post-partum.
Any additional post-partum leave, not to exceed one (1) year total, may be approved by the City Manager or his designee after consideration of the nature of the request and the operational needs of the department.
Upon return to work, the employee shall be assigned to the same classification but not necessarily to the same department.
The department head may grant a leave of absence of up to thirty (30) consecutive calendar days; additional leave may only be granted by the City Manager and may not exceed a total of twelve months.
14.02.03 Family Leave
1. In accordance with the Federal Family and Medical Leave Act and the California
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Family Rights Act, the City will grant job protected unpaid family and medical leave to eligible employees for up to twelve (12) weeks (continuous or cumulative)per rolling twelve (12) month period measured backward) for any one or more of the following reasons:
A. The birth of a child and in order to care for such child or the placement of a child with the employee for adoption or foster care including the child of a domestic partner (leave for this reason must be taken within the twelve (12) month period following the child’s birth or placement with the employee); a. In any case in which both parents are employed by the City of Santa Cruz and are entitled to leave, the aggregate number of workweeks of leave to which both may be entitled is limited to twenty-four (24) workweeks during any twelve (12) month period if leave is taken for the birth or placement for adoption or foster care of the employees’ child or child of the employee’s domestic partner.
B. In order to care for aspouse, domestic partner, child, parent, parent-in-law, grandparent, grandchild or sibling of the employee who has a serious health condition;
C. The employee’s own serious health condition that makes the employee unable to perform any one or more of the essential functions of their position.
D. Military family leave, which includes:
1. “Qualifying Exigency Leave” may be taken if the employee’s spouse, son, daughter, or parent is on covered active duty or called to covered active duty status in the Regular Armed Forces during deployment to a foreign country or in the National Guard and Reserves during deployment to a foreign country under a call or order in support of a contingency operation; qualifying exigencies may include short-notice deployment, attending certain military events, arranging for alternative childcare and school activities, addressing certain financial and legal arrangements, attending certain counseling sessions, rest and recuperations, and attending post-deployment reintegration briefings.
2. “Military Caregiver Leave” of up to twenty-six (26) workweeks in a twelve (12) month period may be taken by an eligible employee who is the spouse, son, daughter, parent, or next of kin of a “covered servicemember”, in order to care for the covered servicemember with a serious illness or injury incurred or aggravated in the line of duty while on active military duty.
a. In any case in which both parents are employed by the City of Santa Cruz and are entitled to leave to care for a covered servicemember, the aggregate number of workweeks of leave to which both may be entitled is limited to twenty-six (26) workweeks during any twelve (12) month period.
2. Conditions covering the leave shall include the following:
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A. Eligible employee means having been employed by the City for twelve (12) months and has worked for at least 1,250 hours during the twelve (12) month period immediately preceding the commencement of the leave; B. Medical verification is required for employee or ill family member for medical leave period;
C. Employees are required to give at least thirty (30) calendar days written notice in the event of a foreseeable leave. In unexpected or unforeseeable situations, an employee should provide as much written notice as is practicable.
D. Employees are required to use accrued vacation as a part of the family leave period. Use of sick and other appropriate paid leave is not required, but may be used pursuant to the applicable provisions of this Memorandum of Understanding.
E. Pregnancy disability is not covered under this section and is covered by the California Fair Employment and Housing Act which allows up to four (4) months of leave depending on the actual disability (see section 14.02.02- Pregnancy Disability Leave).
F. Employees retain “employee” status while on family care leave. The leave does not constitute a break in service for purposes of longevity, and/or seniority.
Upon return to work, employee will be reinstated to an equivalent position with equivalent pay and benefits.
G. Any request for additional leave may be made pursuant to Section 14.02.01- Medical or Personal Leave. Requests for leave time using multiple time off provisions may not exceed the total amount allowed pursuant to Section
14.02.01-Medical or Personal Leave.
H. Any other conditions or interpretations of this leave shall be based upon the Federal Family and Medical Leave Act and the California Family Rights Act.
14.03 Continuation of Insurance Benefits During Unpaid Leaves of Absence City sponsored insurance benefits may be continued during unpaid leaves of absence under the following conditions:
14.03.01 Personal Leave
The City shall continue to pay benefit premiums during a personal leave of less than thirty (30) calendar days.
For leaves of more than thirty (30) calendar days, employees may continue premium payments at their own cost, in accordance with appropriate PERS medical plan provisions.
14.03.02 Medical Leave
The City shall continue to pay benefit premiums during the entire length of a medical leave of absence including pregnancy disability leave.
14.03.03 Family Leave
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Benefit premiums shall be made in accordance with the Federal Family and Medical Leave Act and the California Family Rights Act. Under the current law, the City will continue to maintain coverage under the same conditions as coverage would have been provided if the employee had been continuously employed during the leave period.
SECTION 15.00 - BENEFITS
15.01 Medical Benefits
A. Cafeteria Plan
The City will provide medical insurance through the California Public Employees’ Retirement System (CalPERS). The City will contribute a monthly amount to CalPERS pursuant to Government Code Section 22892 of the Public Employees Medical and Hospital Care Act (PEMHCA).
In accordance with IRS Code Section 125, the City will provide a Flexible Benefits Plan (“Cafeteria Plan”) to all eligible employees. If an employee elects to participate in a CalPERS medical plan, the maximum monthly City contribution, including the PERS required minimum, will equal 95% of the premium of the Bay Area Region Blue Shield Access+ HMO or the PERS Choice Blue Cross PPO for employees and their eligible dependents. Employees enrolled in other plans will receive a premium equal to the greater of 95% of the Bay Area Region Blue Shield HMO or the PERS Choice Blue Cross PPO premium. In no event will employees be credited with cash based on the plan chosen. In the event that either the Blue Shield Access+ HMO or the PERS Choice Blue Cross PPO plans are no longer available, the City and the Union shall meet and confer to designate a similar cost plan as the benchmark.
B. Optional Benefits
Through the Cafeteria Plan, employees may enroll in the following optional benefits and elect to pay premiums on a pre-tax basis:
1. Medical Reimbursement Account (MRA)
2. Dependent Care Reimbursement Account (DCAP)
3. Cancer and Critical Illness Protection Insurance
Employees may also enroll in the following optional benefits and elect to pay premiums on a post-tax basis:
4. Accident Protection Insurance
5. Additional Life Insurance
6. Long Term Care Insurance
C. Medical Waiver
Employees may elect to waive City medical coverage and receive a cash benefit. In order to receive the medical waiver benefit, the employee must provide proof to the City of other current medical coverage. Full-time employees who waive medical coverage are eligible to receive $200 per month; part-time employees shall receive a prorated amount, based upon their full time equivalency (FTE). The medical waiver amount may be applied toward the purchase of any pre-tax or post-tax optional benefits, or paid as a taxable cash benefit.
Employees receiving the medical waiver benefit must notify the Human Resources
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Department if they cease to be covered by any other medical plan, thereby making them ineligible for the medical waiver benefit.
D. Medical Plan Changes
The City will continue to work with the Healthcare Cost Containment Committee to research alternatives to the CalPERS medical plan. If the City discontinues CalPERS medical coverage, to the extent possible, the City will provide similar coverage. In the event of a change in medical plan coverage, the City will provide the Union sixty (60) days’ notice and the opportunity to discuss any such change and meet and confer regarding the impact of any changes. No changes will be made without mutual agreement of both parties.
15.02 Dental Insurance
The City shall provide a dental plan for employees and their eligible dependents at no cost to employees with a maximum benefit of $1,700 per covered individual per calendar year.
15.03 Vision
The City shall provide a vision plan for employees and their eligible dependents at no cost to employees. Coverage will include an annual eye examination and lenses. Contacts or frames will be covered every two years.
15.04 Long Term Disability
The City shall contribute full cost of the City-sponsored long-term disability program for employees working 20 or more hours per week. The plan will pay 66.6667% of the employee’s monthly earnings (as defined in the LTD contract) to a maximum benefit of $4,000.00 per month.
15.04.01 Short Term Disability
The City will provide, at the City’s cost, to SEIU represented employees CA SDI and STD Plan Option #9 (30 day EP to dovetail with LTD 90 day EP, 24-hour coverage), and will implement this during the first year of the agreement and as soon as administratively feasible.
15.05 Part-Time Employees - Benefits Proration
The City shall pay a pro-rated share of medical, dental, vision and life insurance premiums for part-time employees. Except as modified by Section 9.04-Part-Time Employees, the City’s pro-rated share of the premiums shall be based upon the proportion of the part-time employee’s hours in relation to full time equivalency (FTE)* (e.g., a 24 hour per week position is .6 FTE; an employee in a .6 FTE position will receive 60% of the premium paid by the City for a full time employee). Part-time employees shall pay the balance of the premiums on a pre-tax basis unless the employee elects to pay the balance on a post-tax basis. *Full time equivalency, or FTE, is the ratio of an employee’s budgeted work schedule to fulltime work. Effective September 3, 2011 the employee paid pro-rated share of medical, dental, vision, and life insurance premiums shall be fixed at the 2011 premium plan rates.
15.06 Medical Plan
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Each unit member participating in a medical plan will make an additional $29.50 contribution per pay period towards the cost of health care benefits beginning with the pay period containing July 5, 2015. This pre-tax contribution is made during pay periods where employee deductions for health care benefits are taken (24 pay periods).
15.07 Retiree Health Program
A. Retiree Medical Plan
Covered employees who retire under the provisions of the City’s contract with CalPERS, are currently eligible to continue CalPERS medical coverage. The City will contribute a monthly amount to CalPERS pursuant to Government Code Section 22892 of the Public Employees Medical and Hospital Care Act (PEMHCA).
B. Retiree Medical Incentive
Employees who receive a regular service retirement from CalPERS and have at the time of retirement at least ten (10) years of continued service with the City and are at least fifty five (55) years of age, will receive a retiree medical incentive in the amount of $100.00 per month. This incentive will be paid during any period the retiree maintains CalPERS medical coverage and until such time as the retiree is eligible for Medicare or other Federal or State health programs, solely on account of age. If coverage is dropped and subsequently re-started it is the retiree’s responsibility to give the City written notice; payment of the incentive will be re-started beginning with the month in which the City receives written notice. If notice is received in a month after which coverage was re-started there will be no retroactive payment of the incentive for that/those month(s).
15.08 Life Insurance
The City shall provide a $20,000 term life insurance policy for employees.
15.09 Uniform Allowance
The City shall provide required uniforms at its own expense.
The City will replace worn or damaged uniforms, providing the employee returns the damaged or worn uniform to their supervisor.
Routine care and maintenance will be provided by the City. With departmental approval, employees may provide their own uniform care and maintenance.
15.10 Equipment Mechanic Tools
Equipment mechanics and equipment service workers are required to own and maintain a full set of mechanic’s tools up to 3/4" (basic tools). All larger tools and specialized tooling will be furnished by the City.
The City agrees to replace any personal tools stolen on City property, provided a police report is filed. Broken basic tools will be replaced at City expense provided the mechanic enters on file with garage management an inventory list of tools owned by them and housed in the City garage.
All equipment mechanics and equipment service workers required to supply tools necessary for performance of their job will be paid a tool reimbursement allowance not to exceed $500 per
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year. All tool purchases are subject to prior approval by a department representative. This allowance shall be paid during the month of March of each year.
15.11 Principal Domestic Partners
The City will provide medical, dental and vision benefits to employees with Principal Domestic Partners equivalent to those provided to an employee’s Spouse. Employees may enroll their eligible Principal Domestic Partners and the eligible dependents of their Principal Domestic Partners subject to the eligibility requirements established by either CalPERS or the City and subject to the tax regulations of the State of California and the Internal Revenue Service of the United States Government.
SECTION 16.00 - SAFETY
16.01 Intent
The City intends to meet its obligation under the California Occupational Safety and Health Act and shall adopt and use reasonable safeguards, devices and practices for safe employment.
Responsibility for promoting safety practices is shared equally by the City and its employees.
The City will provide appropriate safety training courses and may place reasonable requirements of prior training and/or certification before employees engage in certain activities.
Employees shall report unsafe working conditions and shall not be penalized for refusal to work under conditions where adequate safety precautions have not been taken. Any employee receiving disciplinary action as a result of refusing to work under those conditions has the right to appeal through the disciplinary appeal provisions of this Memorandum of Understanding.
In order to ensure that health and safety hazards are dealt with on a timely basis, the following procedure shall be used to deal with potential hazards.
A. Employees shall report health and safety hazards to their immediate supervisor upon discovery and in accordance with appropriate City Administrative Procedures. If the immediate supervisor is unable to abate the hazard, they shall refer the matter to the department/division manager, or
B. Employees may use the Safety Communication System as provided in the City’s Administrative Procedure Order II-34 Injury and Illness Prevention Program.
16.02 Safety Committee
One third of the Citywide safety committee shall be from the Service employees’ unit. This committee shall meet at least quarterly to consider potential or actual health, safety and training matters. Unit members shall serve on the safety committee without loss of compensation.
The safety committee shall be apprised of all reported hazards, their status, and resolution of the issue(s).
16.03 Safety Boots
The City shall provide safety boots/shoes for employees in the classifications that require wearing them as shown in Exhibit E. The City may establish administrative procedures for
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the selection and purchase of such boots/shoes. All eligible employees will be required to wear safety boots/shoes while on duty unless granted a medical exemption. Safety boots/shoes shall not be worn for non-work related purposes. Boots/shoes shall be replaced on an as-needed basis up to the current annual limit of $175. If feasible, the City will offer a choice of different styles of boots/shoes.
SECTION 17.00 - REDUCTION IN FORCE
17.01 Layoffs
The City reserves the right to reduce its workforce by laying off employees for reasons of economy or changes in departmental operations. In the event of a reduction in force, the City Council shall approve the classes, positions and number of employees to be eliminated. The City at that time shall provide the Union with a current seniority list for those employees and classes affected.
The order of lay-offs shall be governed by seniority in service. Reinstatement shall be in the reverse order of lay-offs. Seniority shall be based on total hours worked, exclusive of overtime, since the last date of hire into a regular or temporary City position, provided that the hours in a temporary position must be in a classification within the Service Employees’ Bargaining Unit.
When one or more employees assigned to the same classification within a department are to be laid off, the order of lay-off shall be as follows:
1. Temporary
2. Probationary
3. Regular
Accordingly, in the case of reduction in force, temporary workers who perform the same duties as regular workers shall be laid off before regular workers. However, this does not preclude the department from backfilling a permanent position with a temporary worker when the regular employee in the position is on an approved leave of absence. Backfilling more than ninety (90) days shall not occur without advance notification to the Union of the reason for it.
17.02 Bumping
Bumping is defined as the movement of an employee to be laid off from their current classification of a position of the same, related (classification revision or title change) or previously held lower classification held by an employee with less seniority. Employees may exercise bumping privileges to a lower classification provided they meet the minimum qualifications of the lower classification. Bumping privileges may only be exercised within the assigned department except that employees with at least five years continuous regular employment may bump between departments.
A “related” classification as referred to in this section refers only to classifications that have been revised or re-titled. This does not refer to bumping to classifications that perform similar duties.
The least senior employee (in the classification of the position being eliminated/bumped to) in the laid off employee’s department is the person who will be bumped. If there is no less
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senior employee in the Department in the classification of the position being eliminated/bumped to, the least senior employee in the classification of the position being eliminated/bumped to in any City Department shall be bumped provided the laid off employee has the right to bump across Departments.
Full-time employees have the right to bump the least senior full-time employee. However, if there is no less senior full-time employee, the full-time employee being laid off has the right to bump a less senior part-time employee in the position that is closest to full time.
Part-time employees have the right to bump the least senior part-time employee in a position of equal hours in the classification of the position being eliminated/bumped to. However, if there is no less senior part-time employee in a position of equal hours, a part-time employee may bump the least senior part-time employee in a position of greater hours; if there is no less senior part-time employee in a position of greater hours, the part-time employee may bump a full-time employee within the laid-off employee’s assigned department; such bumping from a part-time position to a part-time position of greater hours or to a full-time position is limited to positions within the same department.
Employees who bump pursuant to this section and who have previously held more than one classification within the City must bump to the most recently held classification of equal hours, if available.
17.03 Notification
Employees to be laid off shall be given not less than thirty (30) working days written notice prior to the reduction in force. The Union shall be notified concurrently and, upon request, afforded an opportunity to discuss the lay-offs, including alternatives to the lay-offs with the City. Employees not given at least thirty (30) working days’ notice of layoff shall be given a day’s pay for each day less than thirty (30) working days’ notice.
17.04 Reassignment
Whenever possible, employees to be laid off will be offered regular, casual or temporary employment for which they are qualified. An employee shall notify the City of their decision within seven (7) working days following receipt of the offer of employment. The City’s obligation to offer regular employment shall cease when an employee has refused three (3) such offers.
17.05 Reinstatement
Should the position from which an employee was laid off be re-established within eighteen (18) months and the work force in that division is increased as a result, the employee shall be eligible for reinstatement. It shall be the employee’s responsibility to notify the Human Resources Department of their current address. Every effort shall be made to notify the affected individual of any reinstatement opportunity.
Laid off employees reinstated pursuant to this section shall not accrue additional seniority during any period of lay off, but shall not suffer any break in service as a result of the period of lay off, thereby retaining all previously accrued seniority upon reinstatement.
17.06 Continuation of Insurance Benefits
An employee separated from City service as a result of this article shall have their health benefits
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paid by the City at the same level while employed for a period not to exceed sixty (60) days from the date of separation.
17.07 Retirement in Lieu of Layoff
An employee may elect to accept retirement in lieu of layoff, voluntary demotion, or reduction in assigned hours. An employee shall, within ten (10) workdays prior to the effective date of the proposed layoff, complete and submit a form provided by the City for this purpose.
An employee who retires in lieu of layoff shall have their name placed on the reemployment list.
17.08 Improper Layoff
An employee who is improperly laid off as a result of a misapplication of the layoff procedure shall be reemployed upon discovery of the error and shall be reimbursed for all loss of salary and benefits, provided that discovery occurs within ninety (90) days of layoff.
17.09 Transition Training
The City shall provide, at no expense to the employee to be laid off, a minimum of twelve (12) hours of training to help employees transition to other employment. Such training shall occur prior to layoff. Employees shall receive their regular pay while attending this training. The training may include, but not be limited to:
1. Resume Writing
2. Methods of Job Searching
3. Interviewing
4. Coping with Stress
5. Unemployment Insurance Benefit
SECTION 18.00 - CONTRACTING OUT
Before submission of a recommendation to contract out any bargaining unit work, the Union will be offered the opportunity to examine the proposal for at least thirty (30) working days prior to Council consideration, whenever possible, and to submit recommendations. If requested, the City will meet and confer over the decision and implementation of contracting out the work.
However, the parties understand that the City does not have to meet and confer over contracting out work when the work is required by law to be contracted out, there is an established past practice (as set forth in Section 4) of the City contracting out the work, or to continue or renew an existing contract.
The parties also agree that grievances alleging a violation of this policy shall be filed at Step II, including but not limited to binding arbitration, provided nothing herein shall hamper the City’s lawful exercise of authority under state law in emergency situations.
In addition, prior to contracting out bargaining unit work which will not result in layoffs, the City will consider utilizing qualified unit employees to do the work on an overtime basis if:
1. It is to the City’s economic advantage; and
2. It is to the City’s operational advantage.
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Unit employees may provide the City with prior notice of their interest in performing such work.
Beginning in February 2005, the parties will form a joint labor-management committee comprised of three employees and the union representative and up to three management employees to review the use of contracted services that encompass bargaining unit work.
SECTION 19.00 - CAREER ADVANCEMENT
19.01 Career Ladders
It is the policy of the City to develop career ladders and various programs of training and retraining for City employees. The Human Resources Department shall coordinate the establishment and ongoing management of these programs.
19.02 Job Opening Announcements
The City encourages employees to apply for other positions and, to that end, all job announcements will be available for a minimum of five (5) days prior to the final filing date or concurrent with any outside advertising or until the announced maximum total number of applications accepted has been met.
19.03 Training
The City shall maintain, consistent with budgetary allocations and availability, a training program which will enable employees to upgrade their skills and improve their levels of performance. The City desires to provide a training program for all City employees. The selection of training opportunities shall be at the sole discretion of the department head and City Manager, consistent with City policies, but the City shall solicit input from employees and will consider training requests.
19.04 Cross Training
The City and Union acknowledge that there is a benefit to cross-training of employees. When feasible, the City will develop programs to rotate and cross-train employees to enhance skill development. Employees may request that their department heads consider them for crosstraining opportunity. Such requests will be considered and a timely response provided.
19.05 Certification of Eligibles for Promotional Examinations When a promotional eligibility list (as defined in the Human Resources Rules and Regulations) is used to fill a vacant position and that promotional list includes employees represented by the agreement, the Human Resources Director shall certify the top five (5) eligibles, if there be that number, on the relevant promotional list to the appointing authority. If there be more than one vacancy in the same class, the Human Resources Director shall certify one additional eligible for each additional vacancy, if there be candidates available on the eligible list. The appointing authority or designee shall interview all eligibles certified by the Human Resources Director.
SECTION 20.00 - TUITION REIMBURSEMENT
The City shall reimburse each employee up to $500 per fiscal year (pro-rated for part-time employees) for job-related college/university courses, workshops, adult education and other training programs including related tuition, books and other course related expenses after successful completion of courses
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which are pertinent to their positions with the City.
For a course to be considered “pertinent” it must:
A. Improve knowledge and skills for the present position or for positions of higher classification within the City, or
B. Prepare for anticipated technological changes occurring in the employee’s career field.
SECTION 21.00 - GRIEVANCE PROCEDURE
21.01 Purpose
To assure prompt and fair treatment of grievances related to employment.
Any employee or group of employees covered by this Memorandum of Understanding, or the Union acting on their behalf, may file a grievance.
21.02 Definition
A grievance is defined as an alleged violation, misinterpretation or misapplication of the provisions of this Memorandum of Understanding or the City’s Personnel Rules and Regulations; except disciplinary action as defined in Section 23.01-Disciplinary Procedures.
Such allegation may be made by an individual employee or by a group of employees, or by the Union.
21.03 Limitations
A. A grievant may be represented by any representative of his or her choosing in preparing and presenting a grievance.
B. No reprisal shall result against any employee, group of employees, or the Union, who presents a bona fide grievance under this procedure.
C. Time limits may be extended by mutual agreement of the parties. Absent such agreement, grievances may be advanced to the next step if time limits are not met.
D. Only upon mutual written agreement between the parties may Step I of the grievance procedure be waived.
E. Grievances may, by mutual agreement in writing, be referred back for further consideration or discussion to a prior Step, or advanced to a higher Step of the grievance procedure. If a grievance is moved either forward or backward to another step, the time limits at that step shall be controlling and shall begin on the date the parties agree to the move.
F. Concurrent grievances alleging violation of the same provision(s) shall be consolidated for the purpose of this procedure as a single grievance.
21.04 Procedures
Step I:
The grievant will first attempt to resolve the grievance through informal discussions with their
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immediate supervisor or other appropriate departmental personnel. These discussions must be initiated within ten (10) working days of when the grievant knew, or reasonably should have known, of the incident upon which the grievance is based. Meetings shall be scheduled in advance and the nature of the grievance stated when the appointment is made. Every attempt will be made by the parties to settle the issue at this level.
Step II:
If the grievance is not resolved through the informal discussions, the grievant or their representative may within ten (10) workdays after the informal meeting, submit a written grievance to their department head.
The written grievance must contain in clear, factual and concise language:
1. Name of the grievant.
2. A brief statement as to the date, time and place of the occurrence on which the grievance is based and the facts as the grievant sees them.
3. The specific provision of the M.O.U. or Personnel Rules and Regulations which the grievant alleges has been misinterpreted, misapplied or violated.
4. Steps taken toward informal resolution.
5. The action the grievant believes will resolve the grievance.
6. The name of any representative chosen by the grievant.
7. A copy of the written grievance, signed by the grievant or Union representative, shall be presented at the time of the department head conference. However, the grievance will not be processed by the City until the grievant or employee representative of a group grievance has signed the written grievance document.
The department head shall hold a conference with the grievant within ten (10) workdays following receipt of the formal grievance. They shall prepare a written response within ten (10) working days after the conference. Copies shall go to the parties involved including the employee’s representative and the Human Resources Department.
Step III:
If the grievance is not resolved, the grievant may, within ten (10) workdays following receipt of the department head’s response, appeal to the City Manager or their representative, stating in writing the basis for the appeal. The grievance may also be appealed if the department head fails to respond within fifteen (15) workdays after submission of the formal grievance.
The City Manager or their representative shall set a hearing within ten (10) workdays of receiving the appeal. The grievant, their representative and other parties summoned by the City Manager or representative shall attend the hearing and present testimony or evidence concerning the grievance. The parties may bring a reasonable number of witnesses to the hearing.
The City Manager or their representative shall render a written decision to all parties directly involved within fifteen (15) workdays following the hearing.
Step IV:
If the grievance is not resolved to the satisfaction of the grievant at the conclusion of Step III, the grievant may appeal the decision of the City Manager to a neutral arbitrator, provided s/he
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so informs the City in writing within ten (10) working days following receipt of the City Manager’s decision.
Within ten (10) working days from the date of receipt of the appeal, the parties may mutually agree on a neutral party from an independent source to serve as an arbitrator. In the event the parties fail to agree on the neutral party, they shall immediately thereafter jointly request the California State Mediation and Conciliation Service to submit to them a list of five (5) persons qualified and available to act as arbitrator.
If such a list is requested from the State Mediation and Conciliation Service, the parties within ten (10) working days of receipt of the list, shall mutually agree upon the person on the list who shall be the Arbitrator. If one person is not mutually agreed upon, the parties shall within ten (10) working days after receipt of the list of names alternately strike two (2) names from such list with the last remaining name to be the person serving as Arbitrator. The party having first choice to strike a name from the list shall be determined by lot.
The Arbitrator shall have no authority to add to, detract from, alter, amend or modify any provision of this Agreement, or impose on any party hereto a limitation or obligation not explicitly provided for in this Agreement, or to alter any wage rate or wage structure. The decision of the Arbitrator shall be rendered after the evidence and arguments are presented to them by the parties in the presence of each other and in post hearing briefs if necessary. The decision of the Arbitrator shall be final and binding upon the parties.
The Arbitrator is requested to expedite the decision as the parties normally expect a decision to be issued within fifteen (15) working days after the conclusion of the hearing.
The Arbitrator’s expenses, if any, shall be borne equally by the parties. Each party shall bear the cost of its own representation.
SECTION 22.00 - DISCIPLINARY APPEALS PROCEDURE
22.01 Definition
For the purposes of this article, disciplinary action shall mean (1) suspensions of fifteen (15) days or less; (2) suspension of thirty (30) days or less; (3) demotion; (4) disciplinary reduction in salary; or (5) termination.
The appeal procedure described herein shall apply to cases of disciplinary action affecting regular employees. It shall not be applicable to probationary employees. Employees have the right to representation at any or all stages of the appeal process.
22.02 Pre-Action Procedure
Step I:
Prior to imposing disciplinary action, the supervisor shall first provide the employee a preliminary written notice of the proposed action stating the effective date and the specific grounds and particular facts upon which the action will be taken. A copy shall also be sent to the Union within two (2) workdays according to the provisions of MOU Section 23.02 Notice of Proposed Disciplinary Action.
The employee shall have access to any known written materials, reports or documents upon which the action is based. The employee shall have the right to respond to the charges within
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five (5) workdays from receipt of the notice either orally, in writing, or both to the department head. If the department head is personally involved in the initial investigation and notice process, the City Manager or Human Resources Director shall appoint a designee to hear the employee’s response.
The employee may request an extension of the time to respond for justifiable reasons. Failure to respond within the time specified will result in the employee’s waiver of their procedural rights and final action will be taken.
Step II:
Following their review of the proposed disciplinary action, the department head, within five (5) workdays of receiving the employee’s response, shall render a written decision and send it by registered mail or personal delivery to the employee. A copy shall also be mailed to the employee’s representative. The written decision will include the effective date of the disciplinary action.
22.03 Post-Action Appeal
Step III:
The employee has the right, within ten (10) workdays after receiving the department head’s decision described in Step II above, to file a request for appeal with the City Manager. The ten (10) day period may be extended if good cause is shown. The appeal shall be a written statement, signed by the appellant, explaining the matter appealed from, stating the action desired by the appellant, with their reasons therefore, and stating that the pre-action procedures have been exhausted.
If the employee files a timely appeal, the City Manager shall, within ten (10) workdays after receiving the appeal, designate a hearing officer who shall schedule a hearing not less than ten (10) workdays from the date the appeal was received.
The hearing officer may conduct such independent investigation of the matter as they deem necessary. The appellant shall be given the opportunity to answer or present evidence in opposition to the findings of this independent investigation.
The appellant shall appear personally at the scheduled hearing unless physically unable to do so. The appellant or their representative may produce relevant oral or documentary evidence at the hearing.
Within fifteen (15) workdays following the hearing, the hearing officer shall render a written decision to all parties involved. The hearing officer has the authority to affirm, repeal or modify the disciplinary action.
Step IV:
If the appeal is not resolved to the satisfaction of the appellant at the conclusion of Step III, the employee may appeal the decision of the City Manager to a neutral arbitrator, provided it so informs the City Manager in writing within ten (10) working days following receipt of the City Manager’s decision.
Within ten (10) working days from the date of receipt of the appeal, the parties may mutually agree on a neutral party from an independent source to serve as an arbitrator. In the event the parties fail to agree on the neutral party, they shall immediately thereafter jointly request the California State Mediation and Conciliation Service to submit to them a list of five (5) persons qualified and available to act as arbitrator.
21.55 54
If such a list is requested from the State Mediation and Conciliation Service, the parties within ten (10) working days of receipt of the list, shall mutually agree upon the person on the list who shall be the arbitrator. If one person is not mutually agreed upon, the parties shall within ten (10) days after receipt of the list of names alternately strike two (2) names from such list with the last remaining name to be the person serving as arbitrator. The party having first choice to strike a name from the list shall be determined by lot.
The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of this agreement, or impose on any party hereto a limitation or obligation not explicitly provided for in this agreement, or to alter any wage rate or wage structure. The decision of the arbitrator shall be rendered after the evidence and arguments are presented to them by the parties in the presence of each other and in post hearing briefs, if necessary. The decision of the arbitrator shall be final and binding upon the parties.
The arbitrator is requested to expedite the decision as the parties normally expect a decision to be issued within fifteen (15) days after the conclusion of the hearing.
For disciplinary action which would result in a suspension of three (3) days or less, the losing party shall pay for the cost of the arbitrator. For disciplinary action which results in a suspension of greater than three (3) days or demotion, reduction in salary or discharge, the arbitrator’s expenses shall be borne equally by the parties. In either case, each party shall bear the cost of its own representation.
SECTION 23.00 - DISCIPLINE
23.01 Disciplinary Procedures
The City believes that progressive discipline is a guideline and useful tool for corrective action. The normal steps in progressive discipline shall be: (1) verbal warning; (2) written warning; (3) written reprimand; (4) suspensions of fifteen (15) days or less; (5) suspension of thirty (30) days or less; (6) demotion; (7) disciplinary reduction in salary; and (8) termination.
The City reserves the right to implement discipline which does not follow progressive discipline guidelines for egregious circumstances.
23.02 Notice of Proposed Disciplinary Action
Within two (2) workdays of any notice of proposed disciplinary action issued to an employee under the provisions of MOU Section 22.02 Pre-Action Procedure Step I, a copy of the notice shall be either (a) hand-delivered to the Union with all attachments, or (b) faxed to the Union without attachments and sent to the Union by First Class Mail with all attachments, or (c) emailed to the Union with all attachments.
23.03 Written Reprimands
A written reprimand may be issued by an employee’s supervisor if an employee has violated a City rule, provision of the M.O.U., or if their performance is in need of improvement. Written reprimands shall be placed in the employee’s personnel file. An employee shall have the right to prepare a written response to the reprimand and have said response placed in their personnel file. An employee may appeal the supervisor’s decision to issue a written reprimand to their department head by filing an appeal to the department head within ten (10) working days of
21.56 55
receipt of the reprimand. The department head’s decision regarding the written reprimand shall be final. Reprimands will be removed from the personnel file after four (4) years.
SECTION 24.00 – COMPENSATION STUDY
The City and Union shall continue to meet on the findings of the 2021 Total Compensation Study prepared by Koff and Associates. As a show of good faith, the City commits to ensuring that no classification supported by the Enterprise Funds more than 15% out of the market by April 1, 2023, based on the findings of the 2021 study, and inclusive of salary increases to within 10% of the market. In addition, we agree that the City will provide a full 11% increase to the sanitation workers (Sr. Resource Recovery Worker, Resource Recovery Worker I/II and Solid Waste Worker.
The Parties agree to meet and confer over the implementation of the 2021 study with the goal of closing the gap - subject to Council approval. All changes must be made upon mutual agreement of the Parties. Additionally, the Finance department will update the Union/Meet and confer team quarterly on available data on the financial status of the City.
New Compensation Study: The City and the Union shall meet by September 1, 2024 to meet and confer over the contractor selection and methodology including cities and benchmarked positions for the compensation study. The parties must agree on any new contractor selected to conduct the study and methodology utilized for the study, including the mapping of studied classifications to other classifications for which comparison data is not directly generated by the consultant. If the parties are unable to mutually agree on the contractor or methodology for the new compensation study, the status quo of the methodology of the 2021 Study will remain.
The study shall be completed by March 1, 2025, and the city agrees to bear the cost of the survey.
SECTION 25.00 - AUTHORIZED AGENTS
For the purposes of administering the terms and provisions of this Memorandum of Understanding:
A. City’s principal authorized agent shall be Human Resources Director, or their duly authorized agent (address 809 Center Street, Room 6, Santa Cruz, CA 95060); except where a particular management representative is specifically designated in connection with the performance of a specified function or obligation set forth herein.
B. The Union’s principal authorized agent shall be the Santa Cruz Area Director of the SEIU Local 521 or their duly authorized representative (address 517 Mission Street, #B, Santa Cruz, CA 95060).
SECTION 26.00 - RENEGOTIATIONS
Negotiations shall begin one hundred fifty (150) days prior to the expiration date of this agreement , or any other mutually agreed date.
21.57 56
SECTION 27.00 - SEVERABILITY
Should any of the provisions herein contained be rendered or declared invalid by reason of any State or Federal legislation or court action, such invalidations shall not invalidate the remaining portions of this Memorandum of Understanding which shall remain in full force and effect, insofar as such remaining portions are severable.
SECTION 28.00 - HOLIDAY CLOSURE
If the City decides to close around the Christmas and New Years’ holidays, the following will apply:
Employee participation in the closure program is voluntary. During the closure, employees may use accrued vacation, compensatory time off, floating holidays, or excess holiday time.
Employees may also request leave without pay. To encourage the use of leave without pay, seniority, benefit and leave accruals will not be impacted if leave without pay is taken during the Holiday closure period. (Note: Unpaid leave is not credited towards PERS retirement.) The City will allow leave without pay hours to be deducted over the same number of pay periods as the number of workdays the City was closed. Employees are not allowed to use unpaid closure time on holidays during the City’s holiday closure.
If there are employees who do not wish to take either paid or unpaid leave time during the closure period the City will provide the opportunity to perform generally comparable work during the closure by finding appropriate assignments and/or work space.
SECTION 29.00 - AUTOMATIC DEPOSIT-NEW HIRES
Newly hired City employees shall be required to receive their paycheck through automatic deposit.
Newly hired means only those employees hired from an external hiring list and does not include promotional hires from current City employees. New employees who do not use financial institutions may be exempted from this requirement by signing a statement attesting that they do not have a bank account.
SECTION 30.00 - ELECTRONIC PAY STUBS
Employees newly hired after the City implements electronic pay stubs shall automatically receive their pay stubs electronically. Newly hired means only those employees hired from an external hiring list and does not include promotional hires from current City employees. New employees may opt out of receiving electronic pay stubs and receive a printed copy of their pay stub.
21.58 57
City of Santa Cruz Service Employees
SEIU Local 521 City of Santa Cruz
_________________________ _________________________
Date Date
Oliva Martinez Timothy Davis
Katy Bradley Sara De Leon
Leslie Auerbach
Ted Rossiter
David Tannaci
Brian Cline
Emilio Galvan
Guillermo Soriano
Juan Molina
21.59 City of Santa Cruz Page 1 of 11
California 12/01/2022
Human Resources
Salary Compensation Plans Deliver To: cruser
Effective Date: 10/01/2022
Sorted by: Grade Description
Grade
Code Description
Step
A
Step
B
Step
C
Step
D
Step
E
Step
F
Step
G
Step
I
Step
H
Step
J
Service
101 20.9654 22.0154 23.1173 24.2712 25.4827 26.7577
3,634 3,816 4,007 4,207 4,417 4,638
ACCOUNTING ASSISTANT I
4,870
28.0962
5,113
29.4981
102 22.4365 23.5558 24.7327 25.9673 27.2654 28.6269
3,889 4,083 4,287 4,501 4,726 4,962
ACCOUNTING ASSISTANT II
5,210
30.0577
5,470
31.5577
291 27.0577 28.4077 29.8269 31.3154 32.8788 34.5231
4,690 4,924 5,170 5,428 5,699 5,984
ACCOUNTING TECHNICIAN
6,283
36.2481
6,597
38.0596
105 19.9615 20.9596 22.0096 23.1115 24.2654 25.4769
3,460 3,633 3,815 4,006 4,206 4,416
ADMINISTRATIVE ASSISTANT I
4,637
26.7519
4,869
28.0904
106 20.9654 22.0154 23.1173 24.2712 25.4827 26.7577
3,634 3,816 4,007 4,207 4,417 4,638
ADMINISTRATIVE ASSISTANT II
4,870
28.0962
5,113
29.4981
107 24.7442 25.9788 27.2769 28.6385 30.0692 31.5750
4,289 4,503 4,728 4,964 5,212 5,473
ADMINISTRATIVE ASSISTANT III
5,747
33.1558
6,034
34.8115
108 33.8769 35.5731 37.3500 39.2192 41.1808 43.2404
5,872 6,166 6,474 6,798 7,138 7,495
ASSISTANT ENGINEER I
7,870
45.4038
8,263
47.6712
109 36.3981 38.2154 40.1250 42.1327 44.2385 46.4481
6,309 6,624 6,955 7,303 7,668 8,051
ASSISTANT ENGINEER II
8,454
48.7731
8,877
51.2135
297 36.0346 37.8346 39.7269 41.7115 43.7942 45.9865
6,246 6,558 6,886 7,230 7,591 7,971
ASSISTANT PLANS EXAMINER
8,370
48.2885
8,788
50.7000
115 31.3038 32.8673 34.5115 36.2365 38.0481 39.9519
5,426 5,697 5,982 6,281 6,595 6,925
BICYCLE/PEDESTRIAN COORDINATOR
7,271
41.9481
7,635
44.0481
284 22.8519 23.9942 25.1942 26.4519 27.7731 29.1635
3,961 4,159 4,367 4,585 4,814 5,055
BOOKMOBILE LIB ASST
5,308
30.6231
5,573
32.1519
231 20.9654 22.0154 23.1173 24.2712 25.4827 26.7577
3,634 3,816 4,007 4,207 4,417 4,638
BOX OFFICE REPRESENTATIVE
4,870
28.0962
5,113
29.4981
116 33.6808 35.3654 37.1308 38.9885 40.9385 42.9865
5,838 6,130 6,436 6,758 7,096 7,451
BUILDING INSPECTOR
7,824
45.1385
8,215
47.3942
\\Edenrpt\Eden_5.5Reports\CustomReports\Py\SalaryCompPlansWithStepJ.rpt Exhibit A
21.60 58
City of Santa Cruz Page 2 of 11
California 12/01/2022
Human Resources
Salary Compensation Plans Deliver To: cruser
Effective Date: 10/01/2022
Sorted by: Grade Description
Grade
Code Description
Step
A
Step
B
Step
C
Step
D
Step
E
Step
F
Step
G
Step
I
Step
H
Step
J
Service
117 22.0269 23.1288 24.2827 25.4942 26.7692 28.1077
3,818 4,009 4,209 4,419 4,640 4,872
BUILDING MAINTENANCE WORKER I
5,116
29.5154
5,372
30.9923
118 25.3673 26.6365 27.9692 29.3654 30.8308 32.3712
4,397 4,617 4,848 5,090 5,344 5,611
BUILDING MAINTENANCE WORKER II
5,892
33.9923
6,187
35.6942
120 33.4500 35.1231 36.8769 38.7231 40.6615 42.6923
5,798 6,088 6,392 6,712 7,048 7,400
CHEMIST I
7,770
44.8269
8,159
47.0712
121 35.1288 36.8827 38.7288 40.6673 42.6981 44.8327
6,089 6,393 6,713 7,049 7,401 7,771
CHEMIST II
8,160
47.0769
8,568
49.4308
127 33.6808 35.3654 37.1308 38.9885 40.9385 42.9865
5,838 6,130 6,436 6,758 7,096 7,451
CODE COMPLIANCE SPECIALIST
7,824
45.1385
8,215
47.3942
131 25.9673 27.2654 28.6269 30.0577 31.5635 33.1442
4,501 4,726 4,962 5,210 5,471 5,745
CONSTRUCTION SPECIALIST
6,032
34.8000
6,334
36.5423
132 19.6442 20.6250 21.6577 22.7423 23.8788 25.0731
3,405 3,575 3,754 3,942 4,139 4,346
COURIER/DRIVER
4,563
26.3250
4,791
28.6788
133 19.6442 20.6250 21.6577 22.7423 23.8788 25.0731
3,405 3,575 3,754 3,942 4,139 4,346
CUSTODIAN
4,563
26.3250
4,791
27.6404
135 30.3288 31.8462 33.4385 35.1115 36.8654 38.7115
5,257 5,520 5,796 6,086 6,390 6,710
ENGINEERING TECHNICIAN
7,046
40.6500
7,398
42.6808
141 30.9577 32.5038 34.1308 35.8385 37.6327 39.5135
5,366 5,634 5,916 6,212 6,523 6,849
ENVIRON PROGRAMS ANALYST I
7,191
41.4865
7,551
43.5635
136 33.1558 34.8115 36.5538 38.3827 40.3038 42.3173
5,747 6,034 6,336 6,653 6,986 7,335
ENVIRON PROGRAMS ANALYST II
7,702
44.4346
8,087
46.6558
143 31.8750 33.4673 35.1404 36.9000 38.7462 40.6846
5,525 5,801 6,091 6,396 6,716 7,052
ENVIRONMENTAL COMPLIANCE INSP
7,405
42.7212
7,775
44.8558
255 33.4500 35.1231 36.8769 38.7231 40.6615 42.6923
5,798 6,088 6,392 6,712 7,048 7,400
ENVIRONMENTAL MICROBIO I
7,770
44.8269
8,159
47.0712
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21.61 City of Santa Cruz Page 3 of 11
California 12/01/2022
Human Resources
Salary Compensation Plans Deliver To: cruser
Effective Date: 10/01/2022
Sorted by: Grade Description
Grade
Code Description
Step
A
Step
B
Step
C
Step
D
Step
E
Step
F
Step
G
Step
I
Step
H
Step
J
Service
256 35.1288 36.8827 38.7288 40.6673 42.6981 44.8327
6,089 6,393 6,713 7,049 7,401 7,771
ENVIRONMENTAL MICROBIO II
8,160
47.0769
8,568
49.4308
257 38.6250 40.5577 42.5885 44.7173 46.9558 49.3038
6,695 7,030 7,382 7,751 8,139 8,546
ENVIRONMENTAL MICROBIO III
8,973
51.7673
9,422
54.3577
137 25.2865 26.5500 27.8769 29.2731 30.7385 32.2731
4,383 4,602 4,832 5,074 5,328 5,594
EQUIPMENT MECHANIC I
5,874
33.8885
6,168
35.5846
138 28.8865 30.3288 31.8462 33.4385 35.1115 36.8654
5,007 5,257 5,520 5,796 6,086 6,390
EQUIPMENT MECHANIC II
6,710
38.7115
7,046
40.6500
139 22.9615 24.1096 25.3154 26.5788 27.9058 29.3019
3,980 4,179 4,388 4,607 4,837 5,079
EQUIPMENT SERVICE WORKER
5,333
30.7673
5,600
32.3077
286 29.8788 31.3731 32.9423 34.5865 36.3173 38.1346
5,179 5,438 5,710 5,995 6,295 6,610
EXECUTIVE ASSIST TO CM
6,940
40.0385
7,287
42.0404
280 32.2962 33.9115 35.6077 37.3904 39.2596 41.2212
5,598 5,878 6,172 6,481 6,805 7,145
FAC MAINT/ENERGY PROJ COORD
7,502
43.2808
7,877
45.4442
140 19.0100 19.9605 20.9585 22.0038 23.1068 24.2596
3,295 3,460 3,633 3,814 4,005 4,205
FACILITY ATTENDANT
4,416
25.4752
4,636
26.7462
296 27.0577 28.4077 29.8269 31.3154 32.8788 34.5231
4,690 4,924 5,170 5,428 5,699 5,984
FIRE PREVENTION TECHNICIAN
6,283
36.2481
6,597
38.0596
237 31.3212 32.8846 34.5288 36.2538 38.0654 39.9692
5,429 5,700 5,985 6,284 6,598 6,928
GREEN BLDG ENVIRO SPECIALIST
7,274
41.9654
7,638
44.0654
122 22.0269 23.1288 24.2827 25.4942 26.7692 28.1077
3,818 4,009 4,209 4,419 4,640 4,872
HOMELESSNESS RESPONSE FIELD WK
5,116
29.5154
5,372
30.9923
142 33.1558 34.8115 36.5538 38.3827 40.3038 42.3173
5,747 6,034 6,336 6,653 6,986 7,335
HOUSING PROGRAMS SPECIALIST
7,702
44.4346
8,087
46.6558
169 27.0577 28.4077 29.8269 31.3154 32.8788 34.5231
4,690 4,924 5,170 5,428 5,699 5,984
HUMAN RESOURCES TECHNICIAN
6,283
36.2481
6,597
38.0596
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City of Santa Cruz Page 4 of 11
California 12/01/2022
Human Resources
Salary Compensation Plans Deliver To: cruser
Effective Date: 10/01/2022
Sorted by: Grade Description
Grade
Code Description
Step
A
Step
B
Step
C
Step
D
Step
E
Step
F
Step
G
Step
I
Step
H
Step
J
Service
232 35.2615 37.0269 38.8788 40.8231 42.8654 45.0058
6,112 6,418 6,739 7,076 7,430 7,801
INFORMATION TEC SPECIALIST III
8,191
47.2558
8,601
49.6212
144 29.0654 30.5192 32.0481 33.6519 35.3365 37.1019
5,038 5,290 5,555 5,833 6,125 6,431
INFORMATION TECH SPECIALIST I
6,753
38.9596
7,091
40.9096
145 32.0423 33.6462 35.3308 37.0962 38.9596 40.9038
5,554 5,832 6,124 6,430 6,753 7,090
INFORMATION TECH SPECIALIST II
7,445
42.9519
7,817
45.0981
215 24.6981 25.9327 27.2308 28.5923 30.0231 31.5231
4,281 4,495 4,720 4,956 5,204 5,464
LABORATORY TECHNICIAN
5,737
33.0981
6,024
34.7538
146 19.0100 19.9605 20.9585 22.0038 23.1068 24.2596
3,295 3,460 3,633 3,814 4,005 4,205
LANDFILL GATE ATTENDANT
4,416
25.4752
4,636
26.7462
282 20.1923 21.2019 22.2635 23.3769 24.5481 25.7769
3,500 3,675 3,859 4,052 4,255 4,468
LIBRARY ASSISTANT I
4,691
27.0635
4,926
28.4192
283 22.8519 23.9942 25.1942 26.4519 27.7731 29.1635
3,961 4,159 4,367 4,585 4,814 5,055
LIBRARY ASSISTANT II
5,308
30.6231
5,573
32.1519
285 25.2577 26.5212 27.8481 29.2385 30.6981 32.2327
4,378 4,597 4,827 5,068 5,321 5,587
LIBRARY INFORMATION SPECIALIST
5,866
33.8423
6,159
35.5327
153 25.8750 27.1673 28.5231 29.9481 31.4481 33.0231
4,485 4,709 4,944 5,191 5,451 5,724
LIGHT EQUIPMENT MECHANIC
6,010
34.6731
6,311
36.4096
162 19.0100 19.9605 20.9585 22.0038 23.1068 24.2596
3,295 3,460 3,633 3,814 4,005 4,205
PARKING ATTENDANT
4,416
25.4752
4,636
26.7462
164 23.4404 24.6115 25.8404 27.1327 28.4885 29.9135
4,063 4,266 4,479 4,703 4,938 5,185
PARKING CONTROL MAINT WKR
5,444
31.4077
5,716
32.9769
163 23.4404 24.6115 25.8404 27.1327 28.4885 29.9135
4,063 4,266 4,479 4,703 4,938 5,185
PARKING ENFORCEMENT OFFICER
5,444
31.4077
5,716
32.9769
227 20.3308 21.3462 22.4135 23.5327 24.7096 25.9442
3,524 3,700 3,885 4,079 4,283 4,497
PARKING FACILITY MAINT ASST
4,722
27.2423
4,958
28.6038
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City of Santa Cruz Page 5 of 11
California 12/01/2022
Human Resources
Salary Compensation Plans Deliver To: cruser
Effective Date: 10/01/2022
Sorted by: Grade Description
Grade
Code Description
Step
A
Step
B
Step
C
Step
D
Step
E
Step
F
Step
G
Step
I
Step
H
Step
J
Service
165 23.4404 24.6115 25.8404 27.1327 28.4885 29.9135
4,063 4,266 4,479 4,703 4,938 5,185
PARKING OFFICE REPRESENTATIVE
5,444
31.4077
5,716
32.9769
167 22.0269 23.1288 24.2827 25.4942 26.7692 28.1077
3,818 4,009 4,209 4,419 4,640 4,872
PARKS MAINTENANCE WORKER
5,116
29.5154
5,372
30.9923
126 27.0577 28.4077 29.8269 31.3154 32.8788 34.5231
4,690 4,924 5,170 5,428 5,699 5,984
PAYROLL TECHNICIAN
6,283
36.2481
6,597
38.0596
288 27.0577 28.4077 29.8269 31.3154 32.8788 34.5231
4,690 4,924 5,170 5,428 5,699 5,984
PLANNING & COMM DEVEL TECH
6,283
36.2481
6,597
38.0596
170 26.5096 27.8365 29.2269 30.6865 32.2212 33.8308
4,595 4,825 5,066 5,319 5,585 5,864
PLANT MAINTENANCE MECHANIC I
6,157
35.5212
6,465
37.2981
171 30.2769 31.7885 33.3750 35.0423 36.7962 38.6365
5,248 5,510 5,785 6,074 6,378 6,697
PLANT MAINTENANCE MECHANIC II
7,032
40.5692
7,384
42.6000
175 24.1731 25.3788 26.6481 27.9808 29.3769 30.8481
4,190 4,399 4,619 4,850 5,092 5,347
PO PROPERTY & EVIDENCE SPECIAL
5,614
32.3885
5,895
34.0096
176 22.9615 24.1096 25.3154 26.5788 27.9058 29.3019
3,980 4,179 4,388 4,607 4,837 5,079
POLICE RECORDS TECHNICIAN
5,333
30.7673
5,600
32.3077
281 22.4365 23.5558 24.7327 25.9673 27.2654 28.6269
3,889 4,083 4,287 4,501 4,726 4,962
PURCHASING ASSISTANT
5,210
30.0577
5,470
31.5577
238 19.6788 20.6654 21.6981 22.7827 23.9192 25.1135
3,411 3,582 3,761 3,949 4,146 4,353
RANGER ASSISTANT
4,571
26.3712
4,800
27.6923
294 23.9712 25.1712 26.4288 27.7500 29.1404 30.6000
4,155 4,363 4,581 4,810 5,051 5,304
RANGER I
5,569
32.1288
5,847
33.7327
179 25.8692 27.1615 28.5173 29.9423 31.4365 33.0058
4,484 4,708 4,943 5,190 5,449 5,721
RANGER II
6,007
34.6558
6,307
36.3865
223 25.4942 26.7692 28.1077 29.5154 30.9923 32.5442
4,419 4,640 4,872 5,116 5,372 5,641
RECORDS COORDINATOR
5,923
34.1712
6,219
35.8788
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21.64 City of Santa Cruz Page 6 of 11
California 12/01/2022
Human Resources
Salary Compensation Plans Deliver To: cruser
Effective Date: 10/01/2022
Sorted by: Grade Description
Grade
Code Description
Step
A
Step
B
Step
C
Step
D
Step
E
Step
F
Step
G
Step
I
Step
H
Step
J
Service
180 26.2442 27.5538 28.9327 30.3808 31.8981 33.4904
4,549 4,776 5,015 5,266 5,529 5,805
RECREATION COORDINATOR
6,095
35.1635
6,400
36.9231
181 28.8865 30.3288 31.8462 33.4385 35.1115 36.8654
5,007 5,257 5,520 5,796 6,086 6,390
RECYCLE CENTER MAINT MECHANIC
6,710
38.7115
7,046
40.6500
182 26.3538 27.6692 29.0538 30.5077 32.0308 33.6346
4,568 4,796 5,036 5,288 5,552 5,830
RESOURCE RECOVERY EQUIP OPERAT
6,122
35.3192
6,428
37.0846
218 19.6442 20.6250 21.6577 22.7423 23.8788 25.0731
3,405 3,575 3,754 3,942 4,139 4,346
RESOURCE RECOVERY WORKER I
4,563
26.3250
4,791
27.6404
219 20.6077 21.6404 22.7250 23.8615 25.0558 26.3077
3,572 3,751 3,939 4,136 4,343 4,560
RESOURCE RECOVERY WORKER II
4,788
27.6231
5,027
29.0019
279 29.0654 30.5192 32.0481 33.6519 35.3365 37.1019
5,038 5,290 5,555 5,833 6,125 6,431
REVENUE COLLECTIONS SPECIALIST
6,753
38.9596
7,091
40.9096
184 37.2981 39.1615 41.1173 43.1712 45.3288 47.5962
6,465 6,788 7,127 7,483 7,857 8,250
SENIOR BUILDING INSPECTOR
8,663
49.9788
9,096
52.4769
264 25.8750 27.1673 28.5231 29.9481 31.4481 33.0231
4,485 4,709 4,944 5,191 5,451 5,724
SENIOR PARKING SERVICES WORKER
6,010
34.6731
6,311
36.4096
234 29.0654 30.5192 32.0481 33.6519 35.3365 37.1019
5,038 5,290 5,555 5,833 6,125 6,431
SENIOR PAYMENTS TECHNICIAN
6,753
38.9596
7,091
40.9096
277 39.6346 41.6192 43.7019 45.8885 48.1846 50.5962
6,870 7,214 7,575 7,954 8,352 8,770
SENIOR PLANS EXAMINER
9,208
53.1231
9,668
55.7769
292 24.7442 25.9788 27.2769 28.6385 30.0692 31.5750
4,289 4,503 4,728 4,964 5,212 5,473
SENIOR POLICE RECORDS TECH
5,747
33.1558
6,034
34.8115
293 28.2115 29.6192 31.1019 32.6596 34.2923 36.0058
4,890 5,134 5,391 5,661 5,944 6,241
SENIOR RANGER
6,553
37.8058
6,881
39.6981
189 20.3308 21.3462 22.4135 23.5327 24.7096 25.9442
3,524 3,700 3,885 4,079 4,283 4,497
SERVICE MAINTENANCE TRAINEE
4,722
27.2423
4,958
28.6038
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21.65 City of Santa Cruz Page 7 of 11
California 12/01/2022
Human Resources
Salary Compensation Plans Deliver To: cruser
Effective Date: 10/01/2022
Sorted by: Grade Description
Grade
Code Description
Step
A
Step
B
Step
C
Step
D
Step
E
Step
F
Step
G
Step
I
Step
H
Step
J
Service
190 22.0269 23.1288 24.2827 25.4942 26.7692 28.1077
3,818 4,009 4,209 4,419 4,640 4,872
SERVICE MAINTENANCE WORKER
5,116
29.5154
5,372
30.9923
191 23.9192 25.1135 26.3712 27.6923 29.0769 30.5308
4,146 4,353 4,571 4,800 5,040 5,292
SOLID WASTE WORKER
5,557
32.0596
5,835
33.6635
287 30.9577 32.5038 34.1308 35.8385 37.6327 39.5135
5,366 5,634 5,916 6,212 6,523 6,849
SPECIAL EVENTS COORDINATOR
7,191
41.4865
7,551
43.5635
123 23.9712 25.1712 26.4288 27.7500 29.1404 30.6000
4,155 4,363 4,581 4,810 5,051 5,304
SR HOMELESSNESS RESPONSE FLDWK
5,569
32.1288
5,847
33.7327
186 23.9712 25.1712 26.4288 27.7500 29.1404 30.6000
4,155 4,363 4,581 4,810 5,051 5,304
SR PARKS MAINTENANCE WKR
5,569
32.1288
5,847
33.7327
299 26.0596 27.3635 28.7308 30.1673 31.6731 33.2538
4,517 4,743 4,980 5,229 5,490 5,764
SR POLICE PROPERTY & EVID. SP
6,052
34.9154
6,355
36.6635
220 22.4423 23.5673 24.7442 25.9788 27.2769 28.6385
3,890 4,085 4,289 4,503 4,728 4,964
SR RESOURCE RECOVERY WKR
5,212
30.0692
5,473
31.5750
187 23.9712 25.1712 26.4288 27.7500 29.1404 30.6000
4,155 4,363 4,581 4,810 5,051 5,304
SR SERVICE MAINTENANCE WKR
5,569
32.1288
5,847
33.7327
243 31.5519 33.1269 34.7827 36.5192 38.3423 40.2577
5,469 5,742 6,029 6,330 6,646 6,978
SR WATER DISTRIBUTION OPERATOR
7,327
42.2712
7,693
44.3827
205 31.5519 33.1269 34.7827 36.5192 38.3423 40.2577
5,469 5,742 6,029 6,330 6,646 6,978
SR WW COLLECTION MAINT TECH
7,327
42.2712
7,693
44.3827
196 24.5423 25.7712 27.0577 28.4077 29.8269 31.3154
4,254 4,467 4,690 4,924 5,170 5,428
TRAFFIC SIGNAL WORKER
5,699
32.8788
5,984
34.5231
198 31.3038 32.8673 34.5115 36.2365 38.0481 39.9519
5,426 5,697 5,982 6,281 6,595 6,925
TRANSPORTATION COORDINATOR
7,271
41.9481
7,635
44.0481
271 26.0769 27.3808 28.7481 30.1846 31.6962 33.2827
4,520 4,746 4,983 5,232 5,494 5,769
UTILITY ACCOUNT SPECIALIST
6,057
34.9442
6,360
36.6923
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21.66 City of Santa Cruz Page 8 of 11
California 12/01/2022
Human Resources
Salary Compensation Plans Deliver To: cruser
Effective Date: 10/01/2022
Sorted by: Grade Description
Grade
Code Description
Step
A
Step
B
Step
C
Step
D
Step
E
Step
F
Step
G
Step
I
Step
H
Step
J
Service
295 25.2865 26.5500 27.8769 29.2731 30.7385 32.2731
4,383 4,602 4,832 5,074 5,328 5,594
UTILITY MAINT TECH TRAINEE
5,874
33.8885
6,168
35.5846
260 26.9135 28.2577 29.6712 31.1538 32.7115 34.3500
4,665 4,898 5,143 5,400 5,670 5,954
UTILITY MAINT TECHNICIAN
6,252
36.0692
6,565
37.8750
274 22.5577 23.6885 24.8712 26.1173 27.4212 28.7942
3,910 4,106 4,311 4,527 4,753 4,991
UTILITY SER FIELD TECH I
5,241
30.2365
5,503
31.7481
275 23.7058 24.8885 26.1346 27.4442 28.8173 30.2596
4,109 4,314 4,530 4,757 4,995 5,245
UTILITY SER FIELD TECH II
5,507
31.7712
5,782
33.3577
272 22.5577 23.6885 24.8712 26.1173 27.4212 28.7942
3,910 4,106 4,311 4,527 4,753 4,991
UTILITY SERVICE REP I
5,241
30.2365
5,503
31.7481
273 23.7058 24.8885 26.1346 27.4442 28.8173 30.2596
4,109 4,314 4,530 4,757 4,995 5,245
UTILITY SERVICE REP II
5,507
31.7712
5,782
33.3577
289 20.5500 21.5769 22.6558 23.7865 24.9750 26.2212
3,562 3,740 3,927 4,123 4,329 4,545
VOLUNTEER COORDINATOR ASSIST
4,772
27.5308
5,011
28.9096
225 23.9712 25.1712 26.4288 27.7500 29.1404 30.6000
4,155 4,363 4,581 4,810 5,051 5,304
WASTE REDUCTION ASSITANT
5,569
32.1288
5,847
33.7327
208 26.5673 27.8942 29.2904 30.7558 32.2962 33.9115
4,605 4,835 5,077 5,331 5,598 5,878
WATER CONSERVATION REPRES.
6,172
35.6077
6,481
37.3904
244 22.0269 23.1288 24.2827 25.4942 26.7692 28.1077
3,818 4,009 4,209 4,419 4,640 4,872
WATER DISTRIBUTION OIT
5,116
29.5154
5,372
30.9923
246 28.2115 29.6192 31.1019 32.6596 34.2923 36.0058
4,890 5,134 5,391 5,661 5,944 6,241
WATER DISTRIBUTION OPER III
6,553
37.8058
6,881
39.6981
245 25.8577 27.1500 28.5058 29.9308 31.4250 32.9942
4,482 4,706 4,941 5,188 5,447 5,719
WATER DISTRIBUTION OPERATOR II
6,005
34.6442
6,305
36.3750
258 31.0269 32.5788 34.2058 35.9135 37.7077 39.5942
5,378 5,647 5,929 6,225 6,536 6,863
WATER FAC MECHANICAL TECH II
7,206
41.5731
7,566
43.6500
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21.67 City of Santa Cruz Page 9 of 11
California 12/01/2022
Human Resources
Salary Compensation Plans Deliver To: cruser
Effective Date: 10/01/2022
Sorted by: Grade Description
Grade
Code Description
Step
A
Step
B
Step
C
Step
D
Step
E
Step
F
Step
G
Step
I
Step
H
Step
J
Service
259 33.4846 35.1577 36.9173 38.7635 40.7019 42.7385
5,804 6,094 6,399 6,719 7,055 7,408
WATER FAC MECHANICAL TECH III
7,778
44.8731
8,167
47.1173
276 23.8731 25.0673 26.3192 27.6346 29.0135 30.4615
4,138 4,345 4,562 4,790 5,029 5,280
WATER METER SPECIALIST
5,544
31.9846
5,821
33.5827
212 21.2192 22.2808 23.3942 24.5654 25.7942 27.0865
3,678 3,862 4,055 4,258 4,471 4,695
WATER METER TECHNICIAN
4,930
28.4423
5,177
29.8673
251 33.4500 35.1231 36.8769 38.7231 40.6615 42.6923
5,798 6,088 6,392 6,712 7,048 7,400
WATER QUALITY CHEMIST I
7,770
44.8269
8,159
47.0712
252 35.1288 36.8827 38.7288 40.6673 42.6981 44.8327
6,089 6,393 6,713 7,049 7,401 7,771
WATER QUALITY CHEMIST II
8,160
47.0769
8,568
49.4308
253 38.6250 40.5577 42.5885 44.7173 46.9558 49.3038
6,695 7,030 7,382 7,751 8,139 8,546
WATER QUALITY CHEMIST III
8,973
51.7673
9,422
54.3577
298 36.3981 38.2154 40.1250 42.1327 44.2385 46.4481
6,309 6,624 6,955 7,303 7,668 8,051
WATER RESOURCES ANALYST
8,454
48.7731
8,877
51.2135
239 26.9885 28.3385 29.7577 31.2462 32.8096 34.4481
4,678 4,912 5,158 5,416 5,687 5,971
WATER TREATMENT OIT
6,270
36.1731
6,583
37.9788
240 29.9481 31.4481 33.0231 34.6731 36.4038 38.2212
5,191 5,451 5,724 6,010 6,310 6,625
WATER TREATMENT OPERATOR II
6,956
40.1308
7,304
42.1385
241 35.2327 36.9923 38.8442 40.7885 42.8308 44.9712
6,107 6,412 6,733 7,070 7,424 7,795
WATER TREATMENT OPERATOR III
8,185
47.2212
8,594
49.5808
242 37.0096 38.8615 40.8058 42.8481 44.9885 47.2385
6,415 6,736 7,073 7,427 7,798 8,188
WATER TREATMENT OPERATOR IV
8,597
49.5981
9,027
52.0788
216 27.9173 29.3135 30.7788 32.3192 33.9346 35.6308
4,839 5,081 5,335 5,602 5,882 6,176
WHARF CONSTRUCTION WORKER
6,485
37.4135
6,809
39.2827
265 33.4500 35.1231 36.8769 38.7231 40.6615 42.6923
5,798 6,088 6,392 6,712 7,048 7,400
WTR FAC ELEC/INSTR TECH II
7,770
44.8269
8,159
47.0712
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21.68 City of Santa Cruz Page 10 of 11
California 12/01/2022
Human Resources
Salary Compensation Plans Deliver To: cruser
Effective Date: 10/01/2022
Sorted by: Grade Description
Grade
Code Description
Step
A
Step
B
Step
C
Step
D
Step
E
Step
F
Step
G
Step
I
Step
H
Step
J
Service
266 37.0731 38.9250 40.8692 42.9115 45.0577 47.3135
6,426 6,747 7,084 7,438 7,810 8,201
WTR FAC ELEC/INSTR TECH III
8,611
49.6788
9,042
52.1654
204 25.8577 27.1500 28.5058 29.9308 31.4250 32.9942
4,482 4,706 4,941 5,188 5,447 5,719
WW COLLECTION MAINT TECH I
6,005
34.6442
6,305
36.3750
202 28.2115 29.6192 31.1019 32.6596 34.2923 36.0058
4,890 5,134 5,391 5,661 5,944 6,241
WW COLLECTION MAINT TECH II
6,552
37.8000
6,881
39.6981
203 22.0269 23.1288 24.2827 25.4942 26.7692 28.1077
3,818 4,009 4,209 4,419 4,640 4,872
WW COLLECTION MAINT TRAINEE
5,116
29.5154
5,372
30.9923
261 31.0269 32.5788 34.2058 35.9135 37.7077 39.5942
5,378 5,647 5,929 6,225 6,536 6,863
WW COLLECTION MECH TECH II
7,206
41.5731
7,566
43.6500
262 26.9135 28.2577 29.6712 31.1538 32.7115 34.3500
4,665 4,898 5,143 5,400 5,670 5,954
WW FAC ELEC/ INSTR TECH I
6,252
36.0692
6,565
37.8750
263 33.4500 35.1231 36.8769 38.7231 40.6615 42.6923
5,798 6,088 6,392 6,712 7,048 7,400
WW FAC ELEC/INSTR TECH II
7,770
44.8269
8,159
47.0712
268 31.5577 33.1385 34.7942 36.5365 38.3654 40.2808
5,470 5,744 6,031 6,333 6,650 6,982
WW FAC INSTR TECH II
7,331
42.2942
7,698
44.4115
249 33.4846 35.1577 36.9173 38.7635 40.7019 42.7385
5,804 6,094 6,399 6,719 7,055 7,408
WW FAC LEAD MECH TECH
7,778
44.8731
8,167
47.1173
247 26.9135 28.2577 29.6712 31.1538 32.7115 34.3500
4,665 4,898 5,143 5,400 5,670 5,954
WW FAC MECH TECH I
6,252
36.0692
6,565
37.8750
248 31.0269 32.5788 34.2058 35.9135 37.7077 39.5942
5,378 5,647 5,929 6,225 6,536 6,863
WW FAC MECH TECH II
7,206
41.5731
7,566
43.6500
269 26.9135 28.2577 29.6712 31.1538 32.7115 34.3500
4,665 4,898 5,143 5,400 5,670 5,954
WW FACILITIES ELEC TECH I
6,252
36.0692
6,565
37.8750
270 31.5577 33.1385 34.7942 36.5365 38.3654 40.2808
5,470 5,744 6,031 6,333 6,650 6,982
WW FACILITIES ELEC TECH II
7,331
42.2942
7,698
44.4115
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21.69 City of Santa Cruz Page 11 of 11
California 12/01/2022
Human Resources
Salary Compensation Plans Deliver To: cruser
Effective Date: 10/01/2022
Sorted by: Grade Description
Grade
Code Description
Step
A
Step
B
Step
C
Step
D
Step
E
Step
F
Step
G
Step
I
Step
H
Step
J
Service
267 26.9135 28.2577 29.6712 31.1538 32.7115 34.3500
4,665 4,898 5,143 5,400 5,670 5,954
WW FACILITIES INSTR TECH I
6,252
36.0692
6,565
37.8750
111 23.6769 24.8596 26.1000 27.4038 28.7769 30.2135
4,104 4,309 4,524 4,750 4,988 5,237
WW PLANT OPER IN TRAIN
5,499
31.7250
5,774
33.3115
206 23.9308 25.1250 26.3827 27.7038 29.0885 30.5423
4,148 4,355 4,573 4,802 5,042 5,294
WW PLANT OPERATOR I
5,559
32.0712
5,837
33.6750
207 33.1846 34.8462 36.5885 38.4173 40.3385 42.3577
5,752 6,040 6,342 6,659 6,992 7,342
WW PLANT OPERATOR II
7,709
44.4750
8,094
46.6962
236 36.4788 38.3019 40.2173 42.2308 44.3423 46.5577
6,323 6,639 6,971 7,320 7,686 8,070
WW PLANT OPERATOR III
8,474
48.8885
8,898
51.3346
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21.70 COUNCIL POLICY 25.2
POLICY TITLE DISCRIMINATION, HARASSMENT, RETALIATION, AND
RESPECTFUL WORKPLACE CONDUCT POLICY
POLICY STATEMENT
It is the policy of the City of Santa Cruz to maintain and promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and to provide all current and prospective employees, Councilmembers, contractors, unpaid interns, and volunteers with equal opportunity in employment regardless of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military and veteran status (all of which are later referred to as “Protected Categories”), or any other consideration made unlawful by local, State or Federal law.
This policy pertains to all aspects of employment with the City or the application for employment with the City including, but not limited to, recruitment, selection, placement, assignment, compensation, benefits, training, transfer, promotion, evaluation, discipline, and termination.
This policy prohibits unlawful harassment, discrimination, and retaliation by supervisors, managers, co-workers, and third parties such as vendors or customers.
Definitions:
Discrimination as used in this policy is defined as the treatment or consideration of, or making a distinction in favor of or against, an employee on the basis of any of the above-listed protected categories including, but not limited to, any of the following forms:
a) basing an employment decision on a job applicant’s or an employee’s protected status; b) treating an applicant or employee differently with regard to any aspect of employment because of their protected status;
c) offering an employment benefit in exchange for sexual favors; d) threatening negative consequences if an employee declines a sexual advance; e) engaging in harassment, as more specifically defined below; and f) taking adverse employment action (i.e., demotion, transfer, discipline, or termination) against an employee based on the employee opposing discrimination in the workplace; assisting, supporting, or associating with a member of a protected category who complains about discrimination, or assisting in an investigation of discrimination.
Harassment as used in this policy is defined as the persistent disturbance or irritation of an employee on the basis of any of the above-listed protected categories including, but not limited to, any of the following forms:
a) verbal harassment such as epithets, derogatory comments, or slurs, including on social media; b) physical acts such as assault or impeding or blocking movement; c) visual insults such as derogatory posters, drawings, or photographs; 69 EXHIBIT B
21.71 d) unwanted sexual advances, requests for sexual favors, and other acts of a sexual nature; and e) sending sexually-related emails or text messages.
Abusive Conduct as used in this policy is defined as conduct in the workplace or on social media, undertaken with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests; it may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating or humiliating, or the sabotage or undermining of a person’s work performance. A single act shall not constitute abusive conduct, unless especially severe and egregious.
Employee as used in this policy is defined as an individual performing business activities under direct supervision of another City employee and includes full-time, part-time, and temporary employees, contractors, unpaid interns, and volunteers.
Equal Employment Opportunity Committee (EEOC) as used in this policy is an advisory body to the City Council consisting of nine (9) members, including representatives from the community appointed by the City Council, employees appointed by the City Manager, and employees appointed by various labor groups.
Responsibilities:
1. The City of Santa Cruz shall take reasonable steps to prevent abusive conduct, discrimination, harassment, and retaliation from occurring in the workplace environment, including the following:
a) affirmatively raising the subjects of abusive conduct, discrimination, harassment and retaliation; b) expressing strong disapproval;
c) maintaining and developing appropriate sanctions;
d) informing employees of their right to raise and how to raise the issues of abusive conduct, discrimination, harassment, and retaliation under City policy and/or the law; and e) maintaining and developing methods to sensitize all concerned.
Such behavior shall not be tolerated, condoned, or trivialized. The City is committed to take action against any person violating this policy which will end the prohibited conduct. City employees who violate this policy shall be subjected to appropriate discipline, including possible dismissal, upon consideration of the findings and recommendations of the City Manager or their representative.
2. The City Manager shall fully accept and support the City’s commitment to prevent abusive conduct, discrimination, harassment, and retaliation as a means to assure full equal employment opportunity for all prospective and current employees, contractors, unpaid interns, and volunteers including the following:
a) defining and assigning specific responsibilities throughout the organization for the development, implementation, and monitoring of this policy; b) appointing one (1) department head and three (3) employee representatives to the EEOC; c) ensuring all department heads support this policy;
d) reviewing the recommendations of the Human Resources Director on the resolution of complaints appealed under the Administrative Procedure Order (APO) Discrimination/Harassment/Retaliation Policy Implementation and Complaint Procedure, and making final decisions in each such complaint; and
e) ensuring that an EEO Report is completed and submitted annually to the City Council. 70 21.72
3. The Human Resources Department (HR) Director shall be responsible for:
a) ensuring that this policy, including its definition of abusive conduct, discrimination, harassment, and retaliation and the complaint procedures are disseminated to all employees; b) providing guidance, training sessions, and assistance to department heads, managers, supervisors, and employees within their areas of responsibility; c) investigating, resolving, and making findings and recommendations on complaints that are reported according to established informal and formal grievance procedures as set forth in in the Discrimination/Harassment/Retaliation Policy Implementation and Complaint Procedure APO and the Respectful Workplace Conduct APO;
d) coordinating the annual EEO report, to include data on the make-up of the City workforce and the representation of protected classes, and distributing the report to the City Council, City staff, the public, and Federal and state agencies as requested or required; e) regularly reviewing and revising personnel policies, procedures, and practices to eliminate nonjob-related criteria, minimize the opportunity for discrimination and harassment, and ensure compliance with all legal requirements for equal employment opportunity; f) designing, implementing, and monitoring a recruitment program to draw all qualified applicants; and
g) designating an EEO Coordinator, who will assist the HR Director with EEO-related activities and staff the EEOC.
4. Department Heads, Managers, and Supervisors shall all be responsible for:
a) giving their full support to this policy through active cooperation, leadership, and personal example;
b) informing employees in their respective departments or areas of responsibility of their rights and responsibilities regarding abusive conduct, discrimination, harassment, and retaliation under this policy;
c) ensuring that their employees have equal access to training and promotional opportunities; d) acting to prevent abusive conduct, discrimination, harassment and retaliation from occurring; and e) cooperating with the HR Director in resolving complaints involving employees in their respective departments.
5. Employees of the City shall be responsible for lending their personal support and cooperation in maintaining equal employment opportunities in the City. Employees shall cooperate fully with all investigations of abusive conduct, discrimination, harassment, and retaliation and implementation of remedial measures and shall not retaliate against complainants or witnesses.
6. The EEOC shall act in an advisory capacity to the City Council in all matters pertaining to EEO and be responsible for serving as a communication channel between City employees, the community, the City Manager, and the EEO Coordinator on any EEO activities and concerns.
Additional Applications and Considerations:
• Complaints may be filed by any individual (or a representative of their choice, on their behalf) who feels a violation of this policy has occurred. The procedures for resolving complaints alleging violation of this policy are set forth in APO Discrimination/Harassment/Retaliation Policy Implementation and Complaint Procedure and APO Respectful Workplace Conduct. 71 21.73
• Contracts with the City of Santa Cruz which contain an equal employment opportunity/nondiscrimination clause shall also include language which requires those contractors to be responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in their companies. • Councilmembers, contractors, unpaid interns, volunteers, customers and visitors shall not be subjected to, or cause, a violation of this policy.
• All Memoranda of Understanding entered into by the City and any employee organization shall contain an appropriate non-discrimination/harassment clause. • In applying this policy, the rights of free speech and association shall be accommodated consistently with the intent of this policy. Nothing in these regulations may be construed as limiting the City’s right to take reasonable disciplinary measures which do not discriminate on a basis identified in this policy.
• Discrimination/harassment/retaliation prevention (including prevention of abusive conduct), and cultural diversity awareness training, is mandatory for all City employees and City Councilmembers.
• All City employment announcements, brochures, procedures, advertisements, and application forms will state that the City is an Equal Opportunity Employer. The Human Resources Department will also inform all outreach recruitment and referral sources of the City’s Discrimination and Harassment Policy and request that sources actively recruit and refer qualified applicants from all sectors of the community.
• In support of recruitment and retention efforts, City management shall consider the viability of participating in or developing supportive programs in such areas as: job-related skill training and education, job development, career counseling, transportation, day care, and health care. • Where groups of employees are featured in the City’s publications and communications (i.e., text and photographs), insofar as possible, the materials should illustrate that the City’s workforce is as diverse as the populace it serves.
AUTHORIZATION: Council Policy Manual Update of November 17, 1998 HISTORY:
Revision by Resolution No. NS-28,533 July 24, 2012
Revision by Resolution No. NS-28,823 September 9, 2014
Revision by Resolution No. NS-29,220 April 4, 2017
72 21.74
City of Santa Cruz II-1A
Administrative Procedure Order
Section II, #1A (Revised April 2017)
TO: Department Heads
SUBJECT: DISCRIMINATION/HARASSMENT/RETALIATION POLICY
IMPLEMENTATION AND COMPLAINT PROCEDURE
PURPOSE
The purpose of this document is to confirm the City’s commitment to prohibit and prevent unlawful discrimination, harassment, and retaliation in employment, and provide a City complainant an investigation procedure to resolve complaints of alleged discrimination, harassment, or retaliation in violation of the law or City Council Policy 25.2 (Discrimination, Harassment, and Respectful Workplace Conduct Policy).
POLICY
It is the policy of the City of Santa Cruz to maintain and promote a working environment free from discrimination, harassment, and retaliation, and to provide all current and prospective employees, contractors, interns, and volunteers with equal opportunity in employment regardless of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military and veteran status (later referred to collectively as “Protected Categories”) or any other consideration made unlawful by local, State, or Federal law.
This policy is promulgated in recognition of the fact that conduct of the type prohibited by this policy, if allowed to exist, not only violates Federal, State, and municipal law, but also serves to undermine employee integrity, create low employee morale, reduce employee productivity, and cause skilled and valuable workers to leave their City employment. All of this, in turn, is detrimental to the general health and welfare of the community, which depends upon a highly motivated and skilled body of City employees to deliver essential municipal services.
The City Council acknowledges and understands that in order to implement a policy of this type, it is essential that all persons who witness or experience discrimination, harassment, or retaliation report it immediately in order to facilitate early, effective, efficient, and impartial investigation and intervention by the City. Accordingly, any retaliation against a person for filing a complaint, reporting discrimination, harassment, or retaliation which he or she has witnessed, or assisting in an investigation is strictly prohibited. Employees found to have participated in retaliatory action in contravention of this policy shall be subject to disciplinary action up to and including termination.
EXHIBIT C
73 21.75
Administrative Procedure Order II-1A
Section II, #1A (Revised April 2017)