West Sacramento City Council
September 21, 2022

the contractor was opened to review cost for services and a meeting with the contractor was scheduled to discuss standards of service, frequency of services, and to further negotiate fees.

Although only one proposal was received, City staff determined that California Custom Docks Corporation is a qualified, economically priced contractor to provide maintenance and repair services. California Custom Docks Corporation has many years of experience working for the City of West Sacramento on multiple projects that qualifies them for the work proposed, including their current contract with the City to perform similar services.

The following provides an overview of proposed costs:

Facility Annual Maintenance One-Time
Debris
Removal*
Broderick Boat Ramp $20,268 $14,400 $ 8,700
Etenesh Zelecke Public Dock $23,376 N/A $ 8,700
Mill Street Pier $ 2,100 N/A $ 8,700
Total $45,744 $14,400 $26,100
*Debris Removal (floating and sunken debris) included as on-call work only Staff is requesting City Council consideration of a three-year contract to perform the services described above.

The breakdown of estimated costs by facility each year is summarized below. Please note that funding for all three years of on-call debris removal costs is being requested in Year 1 of the contract. This due to debris removal services varying significantly each year, depending on weather conditions.

Facility Year 1 Year 2 Year 3 Total
Broderick Boat Ramp $34,668* $20,268 $20,268 $ 75,204
Etenesh Zelecke Public Dock $23,376 $23,376 $23,376 $ 70,128 Mill Street Pier $ 2,100 $ 2,100 $ 2,100 $ 6,300
Debris Removal Services (All sites) $26,100 $ 0 $ 0 $ 26,100 Total $86,244 $45,744 $45,744 $177,732
*Includes one-time repair/replacement of dock anchor cable/concrete block Funding for the majority of this work is included in the current Parks operations and maintenance budget.

Additional funding needed will be covered by General Fund Contingency budgeted for maintenance of structures and grounds.

Environmental Considerations
The project is exempt from CEQA pursuant to CEQA Guidelines Section 15301, the Class 1 Categorical Exemption. The project involves the maintenance and/or minor alteration of existing facilities and/or topographical features and negligible or no expansion of use beyond that existing. A Notice of Exemption is included as Attachment 1.

Commission Recommendation
Commission involvement is not required for routine maintenance and repair services.

Strategic Plan Integration
Council approval of the Contract with California Custom Docks Corporation for maintenance and repair services for riverfront facilities, including the Broderick Boat Launch Facility, Etenesh Zelecke Public Dock, and Mill Street Pier is consistent with the Council’s goal for a Financially Sound City Providing Quality Services.

Alternatives
The City Council’s primary alternatives include:
1) Direct staff to alter the scope of work included in the Contract; or 2) Reject the Contract and rebid.

Alternatives 1 and 2 are not recommended as delaying or modifying the Contract will impact maintenance and repair activities, which could result in public safety issues and damage to the facilities.

Coordination and Review
This report was prepared in coordination with the City Manager’s Office and the Finance Department. 206
Consideration of Contract Award to California Custom Docks Corporation September 21, 2022

Budget/Cost Impact
The recommended action is fully funded from the current Parks Operations and Maintenance budget, as well as a one-time funding transfer from the General Fund Contingency budgeted for maintenance structures and grounds in the amount of $25,704.

ATTACHMENTS

1. Notice of Exemption

2. Contract for Services
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Statutory Exemptions. State code number:

_______________________________________________
Print Form
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County:

Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:

Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
208 Revised 2011

CONTRACT FOR SERVICES
THIS CONTRACT is made on October 1, 2022, by and between the CITY OF WEST SACRAMENTO (“City”), and California Custom Docks Corporation (“Consultant”).

WITNESSETH:

WHEREAS, the City desires maintenance and repair services for the Broderick Boat Launch, Etenesh Zeleke Public Dock, and Mill Street Pier facilities; and WHEREAS, the Consultant has presented a proposal for such services to the City, dated July 18, 2022, (attached hereto as Exhibit “A”) and is duly licensed, qualified and experienced to perform those services;
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF SERVICES:

A. Consultant shall do all work, attend all meetings, produce all reports and carry out all activities necessary to completion of the services described in the Scope of Work, attached hereto and incorporated herein by this reference as Exhibit “A”. This Contract and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflict between terms contained in these Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract.

B. Consultant enters into this Contract as an independent contractor and not as an employee of the City. The Consultant shall have no power or authority by this Contract to bind the City in any respect. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant are employees, agents, contractors or subcontractors of the Consultant and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Consultant by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Contract.

C. The Consultant agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.

2. TERM OF CONTRACT
A. The services of Consultant are to commence upon execution of this Contract by the City, and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit “B” and terminate on September 30, 2025.
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2 B. Consultant’s failure to complete work in accordance with the Schedule of Performance may result in delayed compensation as described in Section 3.

C. The City Manager or his or her designee may, by written instrument signed by the Parties, extend the duration of this Contract for a period of two one-year terms in the manner provided in Section 5, provided that the extension does not require the payment of compensation in excess of the maximum compensation set forth in Section 3, Compensation.

3. COMPENSATION:

A. The Consultant shall be paid monthly for the actual fees, costs and expenses for all time and materials required and expended, but in no event shall total compensation exceed ($177,732.00) without City’s prior written approval. Consultant's fees shall be as specified in the Schedule of Fees, which is attached hereto an incorporated herein as Exhibit "C".

B. Said amount shall be paid upon submittal of a monthly billing showing completion of the tasks that month. Consultant shall furnish City with invoices for all expenses as well as for all materials authorized by this Contract. The invoices shall be submitted with the monthly billings.

If Consultant’s performance is not in conformity with the Schedule of Performance, payments may be delayed or denied, unless the Consultant’s failure to perform in conformity with the Schedule of Performance is a documented result of the City’s failure to conform with the Schedule of Performance, or if the Schedule of Performance is extended pursuant to Section 5.

C. If the work is halted at the request of the City, compensation shall be based upon the proportion that the work performed bears to the total work required by this Contract, subject to Section 4.

4. TERMINATION:

A. This Contract may be terminated by either party, provided that the other party is given not less than 30 calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate.

B. The City may temporarily suspend this Contract, at no additional cost to City, provided that the Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Contract.

C. Notwithstanding any provisions of this Contract, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Consultant, and the City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due the City from Consultant is determined.

D. In the event of termination, the Consultant shall be compensated as provided for in this Contract, except as provided in Section 4C. Upon termination, the City shall be entitled to all work, including but not limited to, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date in accordance with Section 7 hereof.

5. AMENDMENTS, CHANGES OR MODIFICATIONS:
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3 Amendments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the parties hereto and shall be signed by the persons authorized to bind the parties hereto.

6. EXTENSIONS OF TIME:

Consultant may, for good cause, request extensions of time to perform the services required hereunder. Such extensions shall be authorized in advance by the City in writing and shall be incorporated in written amendments to this Contract or the attached Work Program in the manner provided in Section 5.

7. PROPERTY OF CITY:

A. It is mutually agreed that all materials prepared by the Consultant under this Contract shall become the property of the City, and the Consultant shall have no property right therein whatsoever. Immediately upon termination, the City shall be entitled to, and the Consultant shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials as may have been prepared or accumulated to date by the Consultant in performing this Contract which is not Consultant’s privileged information, as defined by law, or Consultant’s personnel information, along with all other property belonging exclusively to the City which is in the Consultant’s possession.

8. COMPLIANCE WITH ALL LAWS:

A. Consultant shall comply with all applicable laws, ordinances, and codes of federal, State and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract. It shall be City’s responsibility to obtain all rights of way and easements to enable Consultant to perform its services hereunder.

Consultant shall assist City in providing the same.

B. Consultant warrants to the City that it is licensed by all applicable governmental bodies to perform this Contract and will remain so licensed throughout the progress of the Work, and that it has, and will have, throughout the progress of the Work, the necessary experience, skill and financial resources to enable it to perform this Contract.

FOR WORK SUBJECT TO PREVAILING WAGES C. The work contemplated under this Contract is a public work for the purposes of Labor Code section 1720, and is subject to the payment of prevailing wages. Accordingly, Consultant shall comply with the provisions of Exhibit "E".

9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:

A. Consultant agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” in a manner which is consistent with the generally accepted standards of Consultant’s profession.

B. Consultant agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law in accordance with Section 17A hereof.
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4 C. Consultant shall designate a project manager who at all times shall represent the Consultant before the City on all matters relating to this Contract. The project manager shall continue in such capacity unless and until he or she is removed at the request of the City, is no longer employed by Consultant, or is replaced with the written approval of the City, which approval shall not be unreasonably withheld.

D. Consultant shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Consultant in writing within sixty (60) days of discovery. Should Consultant fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Consultant shall be liable for any expenses thereby incurred.

10. SUBCONTRACTING:

None of the services covered by this Contract shall be subcontracted without the prior written consent of the City, which will not be unreasonably withheld. Consultant shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Consultant.

11. ASSIGNABILITY:

Consultant shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City which will not be unreasonably withheld.

However, claims for money due or to become due Consultant from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval.

Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.

12. INTEREST IN CONTRACT:

Consultant covenants that neither it, nor any of its employees, agents, contractors, subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Consultant shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Consultant’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Consultant also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Consultant in writing that Consultant’s duties under this Contract warrant greater disclosure by Consultant than was originally contemplated. Consultant shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.

13. MATERIALS CONFIDENTIAL:

All of the materials prepared or assembled by Consultant pursuant to performance of this Contract are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order. 212
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5 14. LIABILITY OF CONSULTANT-NEGLIGENCE:

Consultant shall be responsible for performing the work under this Contract in a manner which is consistent with the generally-accepted standards of the Consultant’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Consultant or its employees, agents, contractors or subcontractors.

15. INDEMNITY AND LITIGATION COSTS:

Consultant shall indemnify, defend, and hold harmless the City, its officers, officials, agents, and employees against all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, arising from Consultant's negligent acts or negligent failure to act, errors, omissions or willful misconduct incident to the performance of this Contract except such loss or damage caused by the active negligence, sole negligence, or willful misconduct of the City. The provisions of this paragraph shall survive termination or suspension of this Contract.

16. CONSULTANT TO PROVIDE INSURANCE:

A. Consultant shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this Contract, the policies of insurance specified in this Section. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with a current A.M. Best’s rating of no less than A VII (an NR rating is acceptable for Worker’s Compensation insurance written with the State Compensation Insurance Fund of California).

B. Prior to execution of this Contract and prior to commencement of any work, the Consultant shall furnish the City with certificates of insurance and copies of endorsements providing evidence of coverage for all policies required by the Contract. The Consultant and its contractors and subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by Consultant and its contractors and subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of Consultant or of any of its contractors or subcontractors to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this Contract. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant.

1. Worker’s Compensation and Employer’s Liability Insurance a. Worker’s Compensation - Insurance to protect the Consultant, its contractors and subcontractors from all claims under Worker’s Compensation and Employer’s Liability Acts, including Longshoremen’s and Harbor Worker’s Act (“Acts”), if applicable. Such coverage shall be maintained, in type and amount, in strict compliance with all applicable state and Federal statutes and regulations.

The Consultant shall execute a certificate in compliance with Labor Code Section 1861, on the form provided in the Contract Documents.
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6 b. Consultant shall provide a Waiver of Subrogation endorsement in favor of the City, its officers, officials, employees, agents and volunteers for losses arising from work performed by the Consultant.

2. Commercial General Liability Insurance
a. The insurance shall be provided on form CG0001, or its equivalent, and shall include coverage for claims for bodily injury or property damage arising out of premises/operations, products/completed operations, contractual liability, and subconsultant’s work and personal and advertising injury resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000.00 per occurrence and $2,000,000.00 general and products/completed operations aggregates. b. The commercial general liability insurance shall also include the following:
i. Endorsement equivalent to CG 2010 0714 naming the City, its officers, officials, employees, agents, and volunteers as additional insureds. The endorsement shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
ii. Endorsement stating insurance provided to the City shall be primary as respects the City, its officers, officials, employees and any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it, to the payment or satisfaction of any defense expenses, loss, or judgment.
iii. Provision or endorsement stating that the Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

3. Commercial Automobile Insurance
a. The insurance shall include, but shall not be limited to, coverage for claims for bodily injury or property damage for owned, non-owned, and hired automobiles resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000.00 per accident.
b. The commercial automobile insurance shall include the same endorsements required for the commercial general liability policy (see Section

16.B.2.b).
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7 4. Professional Liability. The Consultant and its contractors and subcontractors shall secure and maintain in full force, during the term of this Contract and for five years thereafter, professional liability insurance policies appropriate to the respective professions and the work to be performed as specified in this Contract. The limits of such professional liability insurance coverage shall not be less than $1,000,000.00 per claim.

C. In addition to any other remedy the City may have, if Consultant fails to maintain the insurance coverage as required in this Section, the City may obtain such insurance coverage as is not being maintained, in form and amount substantially the same as is required herein, and the City may deduct the cost of such insurance from any amounts due or which may become due Consultant under this Contract.

D. No policy required by this Contract shall be suspended, cancelled, terminated by either party, or reduced in coverage or in limits unless Consultant has provided thirty (30) days prior written notice by certified mail, return receipt requested, to the City.

E. Any deductibles or self-insured retentions in excess of $10,000 must be declared to, and approved by, the City.

F. The requirement as to types, limits, and the City’s approval of insurance coverage to be maintained by Consultant are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by Consultant under the Contract.

17. MISCELLANEOUS PROVISIONS:

A. Consultant shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work.

B. Consultant shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, or sexual orientation.

C. Consultant shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during regular office hours at any time until six (6) months after the final payments under this Contract are made to the Consultant.

D. This Contract constitutes the entire agreement between the parties relative to the services specified herein and no modification hereof shall be effective unless and until such modification is evidenced by a writing signed by both parties to this Contract. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing. 215
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8 E. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:

City: City of West Sacramento
Jason Puopolo
1110 West Capitol Avenue, First Floor
West Sacramento, CA 95691
[email protected]

Consultant: California Custom Docks
Jim Uhl, Vice President of Operations
3505 South River Road
West Sacramento, CA 95691
[email protected]

F. This Contract shall be interpreted and governed by the laws of the State of California.

G. Any action arising out of this Contract shall be brought and maintained in Yolo County California, regardless of where else venue may lie.

H. In any action brought by either party to enforce the terms of this Contract, each party shall be bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.
[Signatures on following page]
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9 CITY OF WEST SACRAMENTO
By: __________________________
Aaron Laurel, City Manager
ATTEST:

By: _______________________
Jennifer Cusmir, City Clerk
APPROVED AS TO FORM:

By: _______________________
Jeffrey Mitchell, City Attorney

CALIFORNIA CUSTOM DOCKS
By: _________________________
Jim Uhl, Vice President of Operations
Date Executed: _________________
217

EXHIBIT A
Consultant Proposal/Scope of Work
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2 EXHIBIT B
Schedule of Performance
Contract Start Date October 1, 2022
Contract End Date September 30, 2025
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3 EXHIBIT C
Schedule of Fees
220

EXHIBIT D
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
[Labor Code § 1861]
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

CONSULTANTS
By:
[Title]
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2 EXHIBIT E

LABOR COMPLIANCE

1. PREVAILING WAGE
A. The Work contemplated herein constitutes a public work within the meaning of Labor Code sections 1720 and 1771. It shall be mandatory upon the Consultant and upon any Subcontractor, to pay not less than the said specified prevailing rates of wages to all workers employed by them under the Contract in accordance with Labor Code section 1774. The Director of the Department of Industrial Relations ("DIR") of the State of California has determined the general prevailing rate of wages of per diem wages in the locality in which the work is to be performed for each craft or type of worker needed to execute the Contract. The Consultant acknowledges that it has examined the prevailing rate of per diem wages as established by the DIR. Copies of the current schedules for prevailing wages are on file at City Hall, and the contents of those schedules are incorporated herein as if set forth in full. The Consultant shall post a copy of the applicable prevailing wage determinations at each job site, along with any other work place posters required by law.

B. The City will not recognize any claims for additional compensation because of the payment of prevailing wages. The possibility of wage increases is one of the elements to be considered by the Consultant in determining its proposal, and will not under any circumstances be considered as the basis of a claim against the City.

C. By executing this Contract Consultant warrants that it has registered with the Department of Industrial Relations in accordance with Labor Code section 1725.5.

2. PREVAILING WAGE RECORDS
A. The Consultant and each subcontractor shall keep an accurate payroll record which shows the name, address, social security number, correct work classification (in accordance with the wage decision), both straight and overtime worked each day and week, and hourly rate of pay, gross wages earned, deductions made and net wages paid to each journeyman, apprentice, worker or other employee paid by the Consultant /subcontractor in connection with the Work. These payroll records shall be certified and shall be made available at Consultant's principal office. These records shall be maintained during the course of the Work. The Consultant and all subcontractors shall make the certified payroll records available for inspection by City representatives upon request and shall permit such representatives to interview employees during the work hours on the job site.

B. The City shall notify the Consultant in writing of any discrepancies or violations that are discovered during such inspections. Written notification pursuant to this Section shall include the actions that will be necessary to resolve the discrepancies and/or violations. The Consultant shall be held entirely responsible for the prompt resolution of all non-compliances with the prevailing wage laws, including those pertaining to all subcontractors and any lower-tier subcontractors. The Consultant shall forfeit as penalty to the City the amount specified by law for each calendar day or portion thereof for each worker (whether employed by the Consultant or any subcontractor) paid less than the stipulated prevailing rates for any work done under the Contract in violation of the provisions of the Labor Code and in particular, Section 1775.

C. To the extent applicable, Consultant and subcontractors shall maintain and furnish to the Department of Industrial Relations ("DIR"), a certified copy of each weekly payroll (but no less often than monthly), with a statement of compliance signed under penalty of perjury. Such certified payroll reports shall be transmitted electronically to the DIR.

D. The City will not recognize any claims for additional compensation because of the payment of the prevailing wages. The possibility of wage increases is one of the elements to be considered by the Consultant 222
3 in entering into the Contract, and will not under any circumstances, other than delays caused by the City, or the City’s agents, be considered as the basis of a claim against the City.

3. Labor Discrimination
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
“No discrimination shall be made in the employment of persons upon public works because of their race, color, national origin or ancestry, physical handicap, mental condition, marital status, or sex of such person, except as provided in Section 12940 of the Government Code, and every General Contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter.”
4 Eight-Hour Day Limitation
(a) In accordance with the provisions of the Labor Code, and in particular, Sections 1810 to 1815 thereof, inclusive, incorporated herein by reference, eight hours labor shall constitute a day's work, and no worker in the employ of Consultant, or any Subcontractor, doing or contracting to do any part of the work contemplated by the Contract, shall be required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of those provisions; provided that subject to Labor Code Section 1815, a worker may perform work in excess of either eight (8) hours per day or forty (40) hours during any one week upon compensation for all hours worked in excess of eight (8) hours per day or forty (40) hours during any one week at not less than one and one-half times the basic rate of pay. (b) The Consultant and each Subcontractor shall also keep an accurate record showing the names and actual hours worked of all workers employed by them in connection with the Contract. This record shall be open at all reasonable hours to the inspection of the City. It is hereby further agreed that, except as provided in (a) above, the Consultant shall forfeit as a penalty to the City the sum of twenty-five dollars ($25) for each worker employed in the performance of the Contract by the Consultant or by any of its Subcontractors for each calendar day during which such worker is required or permitted to labor more than eight (8) hours in and one calendar day and forty (40) hours in any one calendar week in violation of Sections 1810 through 1815.

5. Compliance with State Requirements for Employment of Apprentices (a) The Consultant's attention is directed to Section 1777.5 of the Labor Code. Provisions of said Section pertaining to employment of registered apprentices are hereby incorporated by reference into this Contract. As applicable, the Consultant or any Subcontractor employed by the Consultant in the performance of this Contract shall take such actions as necessary to comply with the provisions of Section 1777.5. 223
California Custom Docks Corporation
Project ID: 22‐043‐RFP Response:

City of West Sacramento ‐ Broderick Boat Launch, Etenesh Zeleke Public Dock, and Mill Street Pier Maintenance and Repair Services
Technical Project Approach

In an effort to fulfill the scope of work, and provide the City of West Sacramento with clean and usable docks for the public, we will implement the following services to accomplish the required objectives.

Complete the Scope of Work
Routine inspections and maintenance to include the removal of debris/graffiti from surface of docks, piers, and piles and the removal of floating debris against docks, piers, and piles.

Prior to performing any repairs to the docks and structures, we will provide an estimate for the work to be done, and proceed once the City authorizes the work.

Outside of the routine inspections and maintenance, at the request of the City, we will perform any urgent/emergency repairs as needed to maintain the structures in a safe manner.

Inspection, maintenance, and repairs of docks, piers, and piles – (Daily or Weekly)  Visual inspection checking for damage or vandalism
 Clean/scrub surfaces to remove goose & nutria droppings, broken glass, and spills  Make repairs as needed; order parts for future repairs  Document work for reporting
 Crew: 1 supervisor; 2 laborers
Removal of debris/graffiti from surface of docks, piers, and piles  Use appropriate cleaners, such as Goof-Off, to remove graffiti from aluminum structures  Paint over graffiti on concrete surfaces and piles
 Crew: 2 laborers
Removal of floating debris against docks, piers, and piles  Remove surface debris wedged between docks & piles using 20’ poles  Dislodge any visible underwater objects
 Use work boat as work surface to clear debris
 Crew: 1 boat operator; 2 laborers
Removal of debris under the water surface that interfere with dock use As part of our routine inspection, we will identify and report debris under the water surface, and seek prior authorization to proceed from the City before the removal of debris under the water surface that would cost the City additional money.
 Use work boat to tow larger trees from under the dock  Use high pressure pump to clear objects on the river bottom  Crew: 1 boat operator; 2 laborers

224
California Custom Docks Corporation
Project ID: 22‐043‐RFP Response:

City of West Sacramento ‐ Broderick Boat Launch, Etenesh Zeleke Public Dock, and Mill Street Pier Maintenance and Repair Services
Technical Project Approach

Remove and set buoy markers
Removal and setting of buoys will be done at the request of the City.  Use work boat to remove & set anchor chains & cables
 Crew: 1 boat operator; 2 laborers
Remove and install docks needing repair and seasonal storage on site Removal and installation of docks for seasonal storage and repairs will be done at the request of the City.
 Use two work trucks with heavy rigging and chains to remove & install docks from the water  Inspect docks for damage and repair as needed and approved  Crew: 1 supervisor; 2 laborers
Communicate with the City Throughout the Work
California Custom Docks will communicate with the Project Manager, Chris Surawski, or assigned City agent. Communication will be from James Uhl on behalf of California Custom Docks.

Urgent/Emergency Situations: By phone
Non-Emergency/Routine: By E-Mail
Invoicing/Billing: By E-Mail
If desired, weekly inspection and maintenance reports can be transmitted via e-mail.

Advance the Project Objectives
It has been our experience that the routine inspections and maintenance, and minor floating debris removal, require an average of four to six hours to complete each week. The work can be completed with no interruptions of use by the public. We will work with the City to establish a work schedule for the performance of the routine work.

With the possible exception of urgent/emergency repairs, all work will be performed between 8:00am and 3:30pm, Monday thru Friday. Urgent/emergency repairs will be scheduled and performed as needed to ensure the protection of the structures and safety to the public.

Provide Continuity on Work Efforts
To maintain the existing structures in the best possible condition for public use, California Custom Docks will take a proactive approach to keep the City informed of items that may need to be considered for future budget years. For example, the dock at Broderick Boat Launch is in need of repair or replacement, and may need to be included in a future budget to effect repairs or replacement.

We will consult with the City for future needs such as the design and replacement of debris deflection structures and planning on the best time for tree removal to keep the overall cost down. 225

CITY COUNCIL AGENDA REPORT
MEETING DATE: September 21, 2022 ITEM # 8
SUBJECT:

CONSIDERATION OF UPDATES AND APPROVAL OF JOB DESCRIPTIONS AND UPDATES TO PUBLICLY AVAILABLE PAY SCHEDULE FOR FISCAL YEAR 2022/2023 INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Kaitlyn Montez, Sr. Human Resources Analyst
City Manager’s Office
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The purpose of this report is to seek City Council approval for proposed changes to job descriptions and updates to the publicly available pay schedule for FY 2022/23.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:

1. Approve the modification to the job classification description: Finance Manager;

2. Approve the modification to the job classification description: Senior Project Manager;

3. Approve the modification to the job classification description: Senior Analyst; and

4. Approve the Y-rated publicly available pay schedule (Classification Plan) for Fiscal Year 2022/23.

BACKGROUND
Pursuant to City Personnel Rules, Section 3.4, each position in the City is required to be assigned to an appropriate classification. For each classification, a written description of the classification is required to be prepared by the City Manager and approved by the City Council. The description must include the official title of the classification and the minimum qualifications required for admission in the classification. When new classifications are added or changes in duties and responsibilities or qualifications for existing classifications are required, the City Council must approve such descriptions.

The Publicly Available Pay schedule (Classification Plan) establishes the monthly and annual salary ranges for all regular authorized positions as well as the pay schedule for the Mayor, City Council members, and all extra help positions in the City. CalPERS requires the City bring updated salary ranges (Classification Plan) to the City Council whenever there are changes to the salary ranges or job titles.

ANALYSIS
Job Classification Descriptions:

Finance Manager: Due to a restructuring of the Finance Department, the job description for the Finance Manager is being updated to reflect the recent upgrade of the Budget Manager position to the Finance Manager classification. The Budget Manager was a single position classification responsible for the development, maintenance, forecasting, and management of the citywide operations & maintenance and capital improvement program budgets. Currently, three division areas are delineated in the Finance Manager classification, and the update will allow for the responsibility for three more divisions, depending on area assigned. This change would provide subordinate staff for the Finance Manager responsible for the City's budget.

Senior Project Manager & Senior Analyst: In order to facilitate consistency among similar classifications, additional information has been added to the classification descriptions related to qualifying as exempt vs. nonexempt status for overtime purposes in accordance with the FLSA.

Publicly Available Pay Schedule (Classification Plan):

The City of West Sacramento’s (City) publicly available pay schedule identifies job classifications that have been approved by City Council (e.g., accountant, administrative assistant) and the hourly rates of pay for each classification at each step. The requested change to the publicly available pay schedule is the result of classification issues related to the manner in which compensation is reported for “Y-rated” employees. The purpose is to comply with CalPERS reporting requirements associated with “Y-rated” employees. Statutory language in the Government Code (GC) defines the criteria for compensation to be creditable (earnable) for a 226
Approval and Updates To Job Descriptions, And Salary Schedule For Fiscal Year 2022/2023 September 21, 2022

position under CalPERS. Under CalPERS, compensation paid for services rendered in a position must be reported in accordance with a publicly available salary schedule of employment agreement. “Y-rated” employees receive compensation higher than the position they are assigned to and as such there is a mismatch between their position/classification and the pay rate specified in the salary schedule. Pursuant to the GC Section 20636.3, only compensation outlined in the salary schedule for a specific position is pensionable.

Environmental Considerations
Not applicable
Commission Recommendation
Not applicable
Strategic Plan Integration
These recommendations support the City Council’s Mission to provide Quality Municipal Services and a City government that is financially sound with a superior workforce.

Alternatives
The City Council may choose to not approve the job descriptions, and publicly available pay schedule (classification plan) for Fiscal Year 2022/23.

Coordination and Review
This report has been coordinated between the City Manager's Office, Human Resources Division, and the Finance Department.

Budget/Cost Impact
The requested changes will not have any budget/cost impact.

ATTACHMENT(S)

1. Job classification description: Finance Manager

2. Job classification description: Senior Project Manager

3. Job classification description: Senior Analyst

4. Y-rated publicly available pay schedule (Classification Plan) for Fiscal Year 2022/23 227

CITY OF WEST SACRAMENTO

SENIOR PROJECT MANAGER
DEFINITION: The Senior Project Manager plans, organizes and administers advanced, complex city projects of defined duration, physical scale, budget and community impact , and leads and coordinates the work of assigned professional and support staff who are acting as project team members. If the Senior Project Manager’s primary duty includes the exercise of discretion and independent judgement with respect to matters of significance, the position will be designated as exempt for purposes of overtime. The Senior Project Manager is an at-will position that is appointed by and sits at the pleasure of the City Manager.

SUPERVISION RECEIVED AND EXERCISED: Receives general direction from the assigned Department Director and/or designee. The Senior Project Manager may exercise direct daily supervision over subordinate staff. If direct supervision of two or more staff is exercised, this position will be designated as exempt for the purposes of overtime.

CLASS CHARACTERISTICS: The Senior Project Manager is the advanced journey level classification in the Project Manager career series.

Upon the recommendation of the Department Head and approval by the City Manager, a Project Manager II may advance to a Senior Project Manager upon demonstrating the abilities and competencies necessary to perform the full range of Senior Project Manager duties, meeting the minimum qualifications for the position and successfully completing an approved career progression plan developed by the Department Head in conjunction with the incumbent.

EXAMPLES OF ESSENTIAL FUNCTIONS: (Illustrative Only): Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
 Plans, organizes, coordinates, administers, monitors evaluates projects and their scope, schedule and budget of varying levels of complexity.  Recommends and assists in the implementation of assigned Department/Division goals and objectives.
 Evaluates operations and activities of assigned responsibilities, recommends improvements and modifications, and prepares various reports on operations and activities.
 Monitors and inspects the work of various contractors and vendors to evaluate work progress, resolves work problems and determines additional needs.  Develops specifications for contracted work and obtains and participates in evaluating bids.
228

CITY OF WEST SACRAMENTO
Senior Project Manager (Continued)
2  Investigates complaints and recommends corrective actions, as necessary to resolve.  Answers questions and provides information to the public, vendors and contractors.  Completes a variety of reports and forms including time and equipment records and work orders.
 Researches and prepares technical and administrative reports and communications; prepares written correspondence.
 Assists with the preparation of or prepares Requests for Proposals (RFP) and Requests for Qualifications (RFQ) for assigned projects, documents, contracts, grant applications, professional services contracts and agreements. Prepares and maintains project budgets including the review and approval of payment applications associated with all aspects of a project and preparation of cost estimates for budget review and recommendations.
 Recommends technical and professional consultants required for departmental and citywide projects and supervises, schedules, monitors and evaluates their work.  Prepares, reviews and monitors payments related to any and all aspects of a project and prepares cost estimates for budget recommendations.  Confers with city staff and other officials on the administrative needs and requirements related to assigned projects and mediates conflicts, if needed.  Supervises, trains and evaluates the work of professional, technical and clerical staff.  Initiates and conducts studies, surveys, and analysis and prepares recommendations.  Participates in the review of documents for City projects in assigned field.  Prepares or directs the preparation of and submits to the appropriate department, division or agency all necessary permits, certifications, reports, forms, studies, surveys, engineering construction documents required by City, local, federal, state, county, district, and associated funding agencies.
 Prepares and submits procedures, guidelines and regulations, and collects, analyzes and interprets supporting information, data, and maintains proper documentation and record keeping systems based on the most current industry standards and city standards.
 Makes written and oral presentations to the City Council, Executive Team, Commissions, and city departments on assigned projects and facilitates meetings.  Meets with interested and affected citizens including business owners, managers, homeowners and others to discuss public aspects of City projects.  Implements and maintains throughout the life of a project, inception to completion, all related scope, schedule and budget activities necessary and as delineated by City Standard Operating Procedure (SOP) and city policy for the success of assigned projects.

Examples of additional responsibilities/duties if assigned to:

Capital Projects:
 Assists in the preparation of, or prepares construction documentation for submission to the Building Division for all required building permits, and associated agency permits including environmental review. 229

CITY OF WEST SACRAMENTO
Senior Project Manager (Continued)
3  Monitors and inspects a variety of construction, and renovation projects to ensure their conformance with plans, applicable standards and specifications.  Performs other related sub professional engineering duties.

Parks & Recreation:
 Establishes schedules and methods for maintaining landscape areas within the City; implements adopted policies and procedures.
 Supervises and coordinates contracts for landscape maintenance activities, including mowing, irrigation, planting and care of shrubs, flowers, trees and lawns and other landscaping activities.
 Coordinates contract landscape maintenance activities with in-house installation and maintenance of irrigation systems.
 Supervises the planting and care of landscaped areas along with the seeding, fertilizing, and maintenance.
 Serves as the City’s Tree Administrator and processes tree-related permits, assists with code enforcement activities related to tree care and removal and evaluates development project impacts to trees.
 Monitors and inspects a variety of landscape projects to ensure their conformance with plans, applicable standards and specifications.

QUALIFICATIONS:

Knowledge of: Principles and practices of project administration and governmental finance, budgeting, accounting and procurement methods; research and analysis techniques, methods and procedures; applicable state and federal law including building codes and standards, local and state regulations, and standards; current building construction practices, methods, costs and materials; principles and practices of facility maintenance; contract development and administration; public works engineering practices, procedures and design; principles and practices of supervision. Additional knowledge if assigned to Parks & Recreation Department: Materials, methods, practices, equipment and tools used in landscape maintenance and construction; pests, weeds and diseases, and methods of their control and eradication; safe and proper application of chemicals and fertilizers; methods and techniques used in customer service and public relations; occupational hazards and standard safety practices.

Skill in:

Managing multiple tasks and deadlines; dealing effectively with the public; operating computers, computer applications and software; effectively planning, developing and implementing a comprehensive program with a broad scope, detailed schedule, extensive budget and high degree of complexity; supervising and directing professional, technical and clerical staff; making effective presentations to the public, public officials, committees, and outside agencies; preparing technical and analytical reports; communicating effectively, orally and in writing; identifying and analyzing problems while incorporating solutions that maintain the projects scope, schedule and budget; interpreting and applying pertinent federal, state and local laws, regulations, standards, policies and procedures; preparing and administering assigned schedules and budgets. 230

CITY OF WEST SACRAMENTO
Senior Project Manager (Continued)
4 EDUCATION AND EXPERIENCE: Any combination of training and experience which would provide the required knowledge and skill. A typical way to obtain the required knowledge and skill would be:

Education: A Bachelor’s Degree from an accredited college or university with major coursework in business or public administration, architecture, engineering, construction management, or closely related field. Specialized training, (or college level coursework) in landscape architecture, horticulture, or related field such as project management, OSHA, ADA, CBC accessibility, meeting facilitation, project evaluation and other relevant training are highly desirable based on assigned field.

Experience: Six (6) years of progressively responsible project leadership or management experience in relevant field, preferably in government related projects including two (2) years of supervisory experience.

LICENSES AND CERTIFICATES: Possession of, or the ability to obtain, and maintain the appropriate California driver license. Depending on assigned field, possession of a Pesticide QAC, and or Arborist certification if desired.

SPECIAL CONDITIONS: May require the ability to wear and use SCBA units as regulated by CalOSHA.

WORKING CONDITIONS: May be required to attend off-hour meetings, commission meetings, and council meetings.

PHYSICAL DEMANDS: Mobility to work in a standard office or construction environment, use standard office equipment and attend off-site meetings. On an intermittent basis, sit at a desk for long periods of time; intermittently walk, stand, bend, squat, twist, and reach while performing office duties; mobility to occasionally traverse uneven terrain, periodically standing, stooping, bending, climbing and kneeling to perform inspections; on occasion may be required to work in exposure to weather. Manual dexterity to use standard office equipment and supplies and small tools and to manipulate both single sheets of paper and large document holders (manuals, binders, etc.); vision to read handwritten and printed material and a computer screen; hearing and speech to communicate in person and by telephone; ability to lift and carry items weighing up to twenty-five (25) pounds such as files, manuals, or small tools and equipment for distances up to fifty (50) feet.

ENVIRONMENTAL ELEMENTS: Employees generally work in an office environment with moderate noise levels, controlled temperature conditions and no direct exposure to hazardous physical substances. Employees may also work in a construction or field environment including inclement weather conditions and construction and traffic hazards. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing department guidelines, policies and procedures.
231

CITY OF WEST SACRAMENTO
Senior Project Manager (Continued)
5 Adopted: 10/18/2016
Revised: 2/17/2021; 9/21/2022
Maintenance Update: 7/14/2021
Title Change:

Job Category: Administrators/Managers
Bargaining Unit: N/A
Employee Group: Management
At-Will:  Yes  No
Form 700: Yes  No
FLSA Status:  Non-Exempt Exempt; see above
232

CITY OF WEST SACRAMENTO

SENIOR ANALYST
DEFINITION: The Senior Analyst performs advanced, complex and varied administrative, analytical, budgetary and technical tasks related to the general operation of a city department and may supervise assigned department subordinate staff. If the Senior Analyst’s primary duty includes the exercise of discretion and independent judgement with respect to matters of significance, the position will be designated as exempt for purposes of overtime.

SUPERVISION RECEIVED AND EXERCISED: Receives general direction from the Department Head to which assigned or his/her designee. The Senior Analyst may exercise direct daily supervision over subordinate staff. If direct supervision of two or more staff is exercised, this position will be designated as exempt for purposes of overtime.

CLASS CHARACTERISTICS: This is the advanced journey level of the Administrative Analyst career series. This class differs from the Administrative Analyst II in that it handles the more complex, difficult and sensitive analytical assignments, using a high degree of independent judgment and requiring a substantial level of professional training and experience and may supervise subordinate staff.

Upon the recommendation of the Department Head and approval by the City Manager, an Administrative Analyst II may advance to a Senior Analyst upon demonstrating the abilities and competencies necessary to perform the full range of Senior Analyst duties, meeting the minimum qualifications for the position and successfully completing an approved career progression plan developed by the Department Head in conjunction with the incumbent.

EXAMPLES OF ESSENTIAL FUNCTIONS: (Illustrative Only): Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
 Assists in the development, implementation and evaluation of policies, procedures, goals, objectives and priorities for the assigned department.
 Conducts complex surveys and studies, compiles and analyzes results and presents findings to staff, City Council, boards, commissions and/or committees.  Conducts public presentations to other governmental bodies, community groups and the general public on complex and controversial policy, fiscal and administrative issues.  Trains, supervises, and evaluates assigned subordinate staff.  Develops, implements and evaluates special programs and projects specific to the department to which assigned.
 Coordinates activities with those of other departments, depending upon the nature of the project to which assigned.
 Prepares a variety of statistical and narrative reports, presentations, correspondence, and promotional materials.
233

CITY OF WEST SACRAMENTO
Senior Analyst (Continued)
2  Assists in developing and administering the department budget, including analyzing trends, determining variances and improving cost effectiveness.  Serves as lead in the development of grant applications related to assigned area.  Serves as a liaison with other governmental and civic organizations.  Maintains various department records and statistics.
 Researches and analyzes legislation affecting city and department policies, procedures and operations.
 Effectively communicates and interacts with others contacted during the course of work.

QUALIFICATIONS:

Knowledge of: Principles, practices and techniques of public administration including organizational planning and analysis; organizational and functional structure of municipal government; research methodology; basic personnel administration; budgetary principles and practices; applicable Federal, State and local laws and regulations; and principles and practices of supervision and training.

Skill in: Appling principles, practices, methods and techniques of public administration, management analysis, and statistics to the gathering, organization, and analysis of data; exercising independent judgment; communicating clearly and concisely both orally and in writing; preparing and writing comprehensive, accurate and complex reports in a logical and concise manner; acquiring subject matter expertise in specific functions, programs and special projects; passing a screening process to become bonded if the position is assigned to the Administrative Services Department, Finance Division; effectively planning and coordinating the workload of subordinate staff; dealing effectively with a wide variety of personalities and situations requiring diplomacy, tact, and firmness; establishing and maintaining effective working relationships with others.

EDUCATION AND EXPERIENCE: Any combination of training and experience which would provide the required knowledge and skill. A typical way to obtain the required knowledge and skill would be:

Education: A Bachelor’s degree from an accredited college or university.

Experience: Six (6) years of full time increasingly responsible administrative and analytical experience in a private or public agency. A graduate degree may be substituted for two (2) years of the required experience.

LICENSES AND CERTIFICATES: If assigned duties require driving, possession of a valid Class "3" or "C" California driver's license.

WORKING CONDITIONS: May serve as staff to commissions and may be required to attend off-hour meetings. Depending upon department assigned, may be required to pass a background check and/or drug screening.
234

CITY OF WEST SACRAMENTO
Senior Analyst (Continued)
3 PHYSICAL DEMANDS: Mobility to work in a standard office environment, use standard office equipment and attend off-site meetings. On an intermittent basis, sit at a desk for long periods of time; intermittently walk, stand, bend, squat, twist and reach while performing office duties; lift light weights. Manual dexterity to use standard office equipment and supplies and to manipulate both single sheets of paper and large document holders (binders, manuals, etc.); vision to read handwritten and printed materials and a computer screen; hearing and speech to communicate in person and by telephone.

ENVIRONMENTAL ELEMENTS: Employees work in an office environment with moderate noise levels, controlled temperature conditions and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing department guidelines, policies and procedures.

Adopted: 07/05/2006
Revised: 10/29/2014, 9/21/2022
Maintenance Update:

Title Change:

Job Category: Administrators/Managers
Bargaining Unit: Management
At-Will:  Yes  No
Form 700:  Yes  No
FLSA Status:  Non-Exempt  Exempt; see above
235
Y Rate City of West Sacramento
2022/2023 Classification Plan
Approved: 9/21/2022

POSITION TITLE
SALARY

EFFECTIVE

MONTHLY
SALARY
STEPS
ANNUAL
SALARY
Y - Rate MAXIMUM
Project Manager II - Y-Rate 8/27/22 $9,015 $108,180
Code Enforcement Officer I - Y-Rate 12/6/21 $5,263 $63,156 Senior Maintenance Worker - Y-Rate 8/27/22 $5,820 $69,840 Senior Program Manager - Y-Rate 4/9/22 $11,878 $142,536

236

CITY OF WEST SACRAMENTO

FINANCE MANAGER
DEFINITION: Under general direction, assists in planning, organizing, and supervising the activities of the assigned divisions in the Finance Division Department and performs a full range of complex, responsible, analytical, and professional accounting, budgetary, management and other administrative duties and provides highly complex professional assistance to City management staff in areas of responsibility. The Finance Manager is an at-will position that is appointed by and sits at the pleasure of the City Manager.

SUPERVISION RECEIVED AND EXERCISED: The Finance Manager receives direction from the Director of Administrative Services or designeeFinance Director. The Finance Manager provides direct supervision to professional level finance staff, as well as technical and extra help staff.

CLASS CHARACTERISTICS: This is a The Finance Manager is a single, management level position. The incumbent reports to the Director of Administrative ServicesFinance Director and has responsibility for providing direct supervision to professional, technical, and extra help staff.

The Finance Manager serves may serve as Acting Director of Administrative ServicesFinance Director in their absence.

EXAMPLES OF ESSENTIAL FUNCTIONS: (Illustrative Only): Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.

Depending on the assigned area of responsibility, the Finance Manager may:
 Assists in the developmentDevelop, implementation and communicateion of goals, objectives, policies, procedures and work standards for assigned areas of responsibility.  Coordinates and oversees the fiscal activities; directs and reviews the work of assigned staff.
 Recommends the appointment of personnel; provides or coordinates staff training; conducts performance evaluations; implements discipline procedures as required; maintains discipline and high standards necessary for the efficient and professional operation of the department.
 Plan, organize, and manage the Citywide budget activities, including development and management of the biennial budget, mid-term budget analysis and revisions, and coordination of the capital improvement program budget with the Capital Projects department and other city departments.
 Implement and maintain budget systems and digital budget book.  Review citywide budget adjustments and budget resolutions and related Council reports.  Prepare budgetary reports, analyze significant variances, and present information to City departments, management, City officials, City Council, and the general public. 237

CITY OF WEST SACRAMENTO
FINANCE MANAGER (Continued)
2  Forecast revenues and expenditures, maintain long-term financial models, and develop strategies to fund projects and maintain fiscal sustainability and stability of City funding sources.
 Provide labor negotiation costing and support.
 Meets and coordinates with outside auditors; maintains and collects appropriate documentation and serves as the primary contact throughout the audit.  Manages the debt, investment and cash management programs for the City, the YoloSacramento Port District (Port) and the West Sacramento Area Flood Control Agency (WSAFCA); oversees and monitors the investment portfolio and special program accounts, including grant programs, special assessments, capital projects.  Coordinates and participates in the preparation and analysis of various financial statements, schedules, and reports; develops formats for the preparation of financial reports of the City and its agencies; ensures financial statements are prepared in a timely basis in accordance with General Accepted Accounting Principles (GAAP), Governmental Accounting Standards Board (GASB), and related governmental accounting regulations.  Works with outside financial advisors and the investment banking community in developing capital financing for the City and its agencies; manages the monitoring and compliance of bond indenture requirements on the City’s long-term debt; works with financial advisors and underwriters to structure debt financing.  Analyzes, develops and implements public financing solutions.  In coordination with Development Services, administers development impact fee program.
 Administers special assessments on properties for bonded indebtedness, capital costs, maintenance costs, etc.
 Assists in the development and administration of fees and charges, including development impact fees and user fees.
 Performs or serves as liaison with outside consultants to conduct complex financial studies; prepares a variety of periodic and special financial and other reports as required; performs work on special projects as assigned.
 Represents the department by participating in outside community, professional groups and committees; provides technical and staff assistance to the City Council, Commissions, Committees and other management staff in matters related to financial support activities and programs, as necessary; and responds to a variety of technical inquiries and difficult citizen complaints regarding the City’s financial activities.  Builds and maintains positive working relationships with coworkers, other City employees, and the public using principles of good customer service.  Acts in the absence of the Director of Administrative ServicesFinance Director.

QUALIFICATIONS:

Knowledge of: Municipal organizational structure; advanced principles, practices and procedures of governmental budgeting, accounting, auditing and financial reporting and their application to municipal operations; laws regulating public finance and fiscal operations; principles, practices and procedures of debt management; legal requirements and regulations regarding the investment and disbursement of bond proceeds; computerized accounting and 238

CITY OF WEST SACRAMENTO
FINANCE MANAGER (Continued)
3 information systems; computer applications including spreadsheet, database, word processing, and presentation software; principles and practices of effective supervision; principles and practices of organizational, financial and policy development and analysis; applicable Federal, State and local laws, rules and regulations; principles and practices of public agency financial management including GAAP, GASB, and advanced governmental accounting; principles and practices of conducting analytical studies; evaluating alternatives, preparing clear and concise reports, and making sound recommendations in a timely manner; public agency procurement, contracting and grant requirements; correct English usage, grammar, spelling, and punctuation.

Skill in: Understanding, interpreting and applying accounting and auditing principles; designing and implementing financial systems and methods; reading, analyzing preparing and monitoring budgets, fiscal and accounting data, financial statements and other complex and sensitive data; conducting research and feasibility studies; performing financial and organizational analysis involving statistics and service delivery systems; preparing and presenting a variety of reports and studies; interpreting and applying appropriate policies and procedures; providing training and advice; organizing and coordinating work to meet deadlines; Communicating clearly and concisely, both orally and in writing; using good judgment and decision making; establishing and maintaining effective working relationships with those contacted in the course of work; developing, implementing, interpreting and applying policies, standards, and procedures; analyzing complex issues, identifying alternative solutions, quantifying impacts of proposed actions, and implementing recommendations in support of City objectives; using computer software for the successful and efficient completion of assigned responsibilities; using tact, initiative, prudence and independent judgment within general policy, procedural and legal guidelines; coordinating activities with other City departments and agencies as required; maintaining mental capacity which allows the capability of making sound decisions and demonstrating intellectual capabilities.

EDUCATION AND EXPERIENCE: Any combination of training and experience which would provide the required knowledge and skill. A typical way to obtain the required knowledge and skill would be:

Education: A Bachelor's Degree from an accredited college or university with major course work in business or public administration, accounting, public finance, economics or a closely related field.

Experience: Five (5) years of professional accounting or budget experience, including at least two (2) years of supervisory experience. Public agency, infrastructure and development financing experience preferred.

LICENSES AND CERTIFICATES: Possession of a valid California driver's license. Certified Public Accountant (CPA) designation preferred.

WORKING CONDITIONS: Work in an office environment; sustain posture in a seated position for long periods of time; travel to attend a variety of meetings. May be required to staff City Council and other off-hour meetings.
239

CITY OF WEST SACRAMENTO
FINANCE MANAGER (Continued)
4 PHYSICAL DEMANDS: The incumbent appointed to this class must be physically able to perform the duties of this position, including the mobility to work in a standard office setting and use standard office equipment, including a computer; the ability to operate a motor vehicle and to visit various City sites and attend off-site meetings; vision to read printed materials and a computer screen; hearing and speech to communicate in person, before groups and over the telephone; finger dexterity to access, enter and retrieve data using a computer keyboard, typewriter keyboard or calculator and to operate standard office equipment; ability to bend, stoop, kneel, reach, push and pull drawers open and closed to retrieve and file information; occasionally lift and, carry reports and records that typically weigh less than 20 pounds.

ENVIRONMENTAL ELEMENTS: Incumbents work in an office environment with moderate noise levels, controlled temperature conditions and no direct exposure to hazardous physical substances and may interact with upset staff and/or public representatives in interpreting and enforcing departmental policies and procedures. Employees may be required to work on evenings, weekends and holidays, and participates in afterhours on-call assignments.

Adopted: 02/07/90
Revised: 08/18/93; 07/14/99; 03/20/19; 06/19/2019, 9/21/2022 Maintenance Update:

Title Change:

Job Category: Admin/Mgrs
Bargaining Unit: Management
At-Will:  Yes  No
Form 700:  Yes  No
FLSA Status:  Non-Exempt  Exempt
240

CITY COUNCIL AGENDA REPORT
MEETING DATE: September 21, 2022 ITEM # 9
SUBJECT:

CONSIDERATION OF THE TERMS OF SUCCESSOR AGREEMENT AND

ADOPTION OF THE MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF WEST SACRAMENTO AND THE WEST SACRAMENTO
STATIONARY ENGINEER'S, LOCAL 39 AND RESOLUTION 22-120 APPROVING AMENDMENTS TO THE BUDGET FOR FISCAL YEAR 2022/23
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Liane Lee, Human Resources Manager
Kaitlyn Montez, Sr. Human Resources Analyst
City Manager’s Office
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The purpose of this report is to seek City Council consideration of a two-year (2) year successor Memorandum of Understanding (MOU) between the City of West Sacramento and the West Sacramento Stationary Engineer's, Local 39 and Resolution 22-120, and approving related budget amendments, as well as amendments to job classification descriptions and updated Salary Schedule and Authorized Position List for Local 39.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:

1. Approve the terms of the successor agreement and adopt the successor Memorandum of Understanding between the City of West Sacramento and the West Sacramento Stationary Engineer's, Local 39 effective July 1, 2022 through June 30, 2024; and

2. Approve the amended and updated Authorized Position List (APL) for Fiscal Year 2022/23;

3. Approve the amended job classification description for Water Treatment Plant Operator II/III; and

4. Approve the amended job classification description for Senior Water Treatment Plant Operator; and

5. Approve the updated Classification Plan (Salary Schedule) and Benefits Summaries for West Sacramento Stationary Engineer's, Local 39; and

6. Adopt Resolution 22-120 approving amendments to the approved biennial budget for Fiscal Year 2022/23 to fund the proposed salary and benefit changes.

BACKGROUND
The current MOU between the City of West Sacramento (City) and Local 39 expired on June 30, 2022.

Negotiations for a successor MOU commenced on May 25, 2022. A tentative agreement was reached on August 29, 2022. Represented members of Local 39 ratified the tentative agreement on September 8, 2022.

The negotiated economic terms of the successor agreement are specifically designed to foster recruitment and retention through increasing the competitiveness of compensation.

ANALYSIS
The City and Local 39 agreed to a two (2) year MOU effective July 1, 2022 through June 30, 2024. The successor MOU is attached hereto as Attachments 1 (Redline) and 2 (Clean) and contains a number of non-economic and economic terms. Key economic points of the tentative agreement are as follows:

1. Effective the first payroll period after ratification and approval by the City Council, employees shall receive a general salary increase of three percent (3.0%).

2. Effective the first payroll period after ratification and approval by the City Council, employees shall receive a one percent (1%) equity increase.

3. Effective the first pay period after ratification and approval by the City Council, employees will receive a one-time, non-PERSable lump sum equivalent payment of the general salary increase and equity adjustments retroactive to pay period inclusive of July 1, 2022.

4. Effective the pay period inclusive of July 1, 2023, employees shall receive a general salary increase of three percent (3.0%).

5. Effective the pay period inclusive of July 1, 2023, employees shall receive a one percent (1%) equity increase.

6. Effective the first payroll period after ratification and approval by the City Council, employees hired before July 1, 2022, will receive a one-time, non-PERSable lump sum signing bonus of two thousand three hundred dollars ($2,300). 241
West Sacramento Stationary Engineer’s, Local 39 Successor Agreement September 21, 2022

7. Effective pay period inclusive of July 1, 2023, employees will receive a one-time, non-PERSable lump sum retention payment of two thousand three hundred dollars ($2,300).

8. Effective the first payroll period after ratification and approval by the City Council, add Water Distribution Certificates to Water Treatment Operator classifications.

9. Effective the first payroll period after ratification and approval by the City Council, increase boot allowance from $210 to $350 per pair.

10. Effective the first payroll period after ratification and approval by the City Council, increase meal allowance from $9.00 to $18.00.

11. Annual $1,500 tuition reimbursement shall sunset at the time of expiration of the MOU.

Environmental Considerations
Not applicable.

Commission Recommendation
Not applicable.

Strategic Plan Integration
These recommendations support the City Council’s Mission to provide Quality Municipal Services and a City government that is financially sound with a superior workforce.

Alternatives
The City Council may choose to accept or reject any or all of the terms of the agreement. However, should the terms of this agreement be rejected or modified, the City and the Union will have to reopen negotiations.

Coordination and Review
Representatives of the Local 39 and the City of West Sacramento (Human Resources & Finance) have agreed to the terms of the agreement. The Local 39 membership ratified the tentative agreement on September 8, 2022.

Budget/Cost Impact
The two-year MOU has a total cost of $1,202,156, including $523,725 in one-time costs and $512,497 in ongoing annual costs across all funds. The General Fund impact includes $334,067 in one-time costs over the two-year MOU term and $219,762 in ongoing annual costs, including estimated allocations from the General Support Services Fund. The attached Resolution requests budget adjustments of $275,223 in one-time costs and $165,934 in ongoing costs for FY 2022/23. The impacts to FY 2023/24 will be requested as part of the biennial budget process which will be considered by Council in May/June 2023.

ATTACHMENT(S)

1. Memorandum of Understanding (Redline)

2. Memorandum of Understanding (Clean)

3. Job classification description for Water Treatment Plant Operator II/III

4. Job classification description for Senior Water Treatment Plant Operator

5. Authorized Position List FY 2022/23

6. Benefit Summary (Redline)

7. Benefit Summary (Clean)

8. Local 39 Salary Schedules effective 9/24/2022 and 7/1/2023

9. Resolution 22-120
242
RESOLUTION 22-120

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO ADOPTING AMENDMENTS TO THE BUDGET FOR FISCAL YEAR 2022/23 TO FUND UPDATES TO THE STATIONARY ENGINEER’S, LOCAL 39, MEMORANDUM OF

UNDERSTANDING
WHEREAS, the Stationary Engineer’s, Local 39 MOU had an original expiration date of June 30, 2022; and
WHEREAS, representatives from the Stationary Engineer’s, Local 39 and the City began negotiating in good faith on May 25, 2022; and
WHEREAS, a tentative agreement was reached with Stationary Engineer’s, Local 39 on August 29, 2022; and

WHEREAS, the proposed MOU updates require budget amendments to fund the revisions in FY 2022/23 and FY 2023/24; and

WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City staff, and any other information provided during public meetings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento as follows:

1. The City Council hereby approves amendments to the FY 2022/23 budget as followsincluded in Exhibit A to this Resolution:

2. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council's adoption of this Resolution.

3. This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED by the City Council of the City of West Sacramento this 21st day of September 2022, by the following vote:

AYES:

NOES:

ABSENT:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
243

CITY OF WEST SACRAMENTO

WATER TREATMENT PLANT OPERATOR II/III
DEFINITION: The Water Treatment Operator II/III Pperforms a variety of tasks required to operate and maintain the City's water treatment plant. The Water Treatment Plant Operator II is the entry-level class in this series. Incumbents are considered to be in a training status requiring immediate direction. The Water Treatment Plant Operator III is considered the journey level in this series and works independently, under general direction. Advancement to the Water Treatment Plant Operator III level shall occur after satisfactorily performing the duties of a Water Treatment Plant Operator II for two (2) years, and the attainment of a Grade T3 Water Treatment Operator's Certificate. Satisfactory performance means an overall satisfactory or higher rating on the performance evaluation during the last evaluation period.

An employee may be advanced to the Water Treatment Plant Operator III level in less than two (2) years if the employee's performance is noted as exceptional by the Department Head and the employee is recommended for early advancement by the Department Head.

SUPERVISION RECEIVED AND EXERCISED: The Water Treatment Plant Operator II receives immediate direction from the Water Treatment Plant Superintendent or designee.

The Water Treatment Plant Operator III receives general direction from the Water Treatment Plant Superintendent or designee. No direct supervision of staff is exercised. The Water Treatment Plant Operator III may exercise indirect and/or functional supervision over lowerlevel staff.

CLASS CHARACTERISTICS: The Water Treatment Plant Operator II is the entry-level class in this series. Incumbents are in a training status requiring immediate direction. The Water Treatment Plant Operator III is considered the journey level in this series and works independently, under general direction. Advancement to the Water Treatment Plant Operator III level shall occur after satisfactorily performing the duties of a Water Treatment Plant Operator II for two (2) years, and the attainment of a Grade T3 Water Treatment Operator's Certificate and Grade D3 or higher Water Distribution Certificate. Satisfactory performance means an overall satisfactory or higher rating on the performance evaluation during the last evaluation period. An employee may be advanced to the Water Treatment Plant Operator III level in less than two (2) years if the employee's performance is noted as exceptional by the Department Head and the employee is recommended for early advancement by the Department Head.

EXAMPLES OF ESSENTIAL FUNCTIONS: (Illustrative Only): Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
 Operates and monitors a variety of water treatment plant equipment such as pumping systems, chemical feeders, measuring and control systems.  Assists with maintenance of plant equipment and facilities.  Loads and unloads chemicals using hoists and by hand.  Performs laboratory tests on water samples.
 Performs calculations.
 Utilizes self-contained breathing apparatus and related application equipment.  Performs related duties and responsibilities as required. 244

CITY OF WEST SACRAMENTO
Water Treatment Plant Operator II/III (Continued)
2 QUALIFICATIONS:

Knowledge of: Operation and maintenance of pumps, motors, piping, and control systems found in water treatment plants; SCADA and personal computers; handling of chemicals; elementary mechanical, electrical and hydraulic principles; and safe work practices.

Skill in: Learning and performing the operational tasks and processes of a water treatment plant and related facilities; makeing operating adjustments; lubricateing and maintaining pumps and electrical equipment; recognizinge unusual or dangerous operating conditions; keeping simple records; performing mathematical calculations; performing laboratory tests on water samples; communicatinge effectively; following oral and written directions; working effectively with co-workers and supervisors; maintaining physical condition appropriate to the performance of assigned duties and responsibilities which may include standing for extended periods of time and operating assigned equipment; maintaining effective audio-visual discrimination and perception needed for making observations, communicating with others, reading and writing, and operating assigned office equipment; maintaining mental capacity which allows for effective interaction and communication with others.

EDUCATION AND EXPERIENCE: Any combination of training and experience which would provide the required knowledge and skill. A typical way to obtain the required knowledge and skill would be:

Education: Water Treatment Plant Operator II: Any combination of education required to possess a State Water Resources Control Board Treatment Operator Grade T2 Certificate and Grade D2 Water Distribution System Certificate. Water Treatment Plant Operator III: Any combination of education required to possess a State Water Resources Control Board Treatment Operator Grade T3 Certificate and Grade D3 Water Distribution System Certificate.

Experience: Water Treatment Plant Operator II: Any combination of experience required to possess a State Water Resources Control Board Treatment Operator Grade T2 Certificate and Grade D2 Water Distribution System Certificate. Water Treatment Plant Operator III: Two (2) years of experience comparable to a Water Treatment Plant Operator II.

LICENSES AND CERTIFICATES: Valid Class "3" or "C" California driver's license. Water Treatment Plant Operator II: Grade T2 or higher Treatment Water Facility Operator's Certificate and Grade D2 Water Distribution System Certificate as issued by the State of California Department of Health Services. Applicants are eligible for hire if they have successfully passed the Grade T2 & D2 written examination examination as issued by the State of California Department of Health Services and are awaiting final certification. Water Treatment Plant Operator III: Grade T3 or higher Water FacilityTreatment Operator's Certificate and Grade D3 Water Distribution System Certificate. Applicants as issued by the State of California Department of Health Services. Applicants are eligible for hire if they have successfully passed the Grade T3 & D3 written examination and as issued by the State of California Department of Health Services and are awaiting final certification.

WORKING CONDITIONS: Water treatment plant environment; work in confined spaces; some exposure to dust, hazardous materials, chemicals, fumes and noise; some heavy lifting, standing, walking, bending and climbing; work in inclement weather conditions. Ability to wear and use SCBA units as regulated by Cal/OSHA. This position may require shift work.

Operators will normally be scheduled to work a "Fireman's Shift"--24 hours on and 48 hours off. Operators may also be assigned to work a 40-hour week. 245

CITY OF WEST SACRAMENTO
Water Treatment Plant Operator II/III (Continued)
3 PHYSICAL DEMANDS: Ability and mobility to work in a water treatment plant and field environment; walk, stand and sit for prolonged periods of time; frequently stoop, bend, kneel, crouch, crawl, climb, reach, twist, grasp and make repetitive hand movements in the performance of daily duties; climb heights on ladders; lift, carry, push, and/or pull moderate to heavy amounts of weight up to 50 pounds.

ENVIRONMENTAL ELEMENTS: Work is performed in a water treatment plant and field environment and in inclement weather conditions; exposure to dust, hazardous materials, chemicals, fumes, unpleasant odors, noise and other environmental substances; work in and/or around water; travel to and from various job sites; exposure to hazardous traffic conditions.

Adopted: 04/13/88
Revised: 12/06/89; 08/18/93; 06/11/03; 3/2/05; 9/21/22
Maintenance Update: 08/26/88
Title Change:

Job Category: Service & Maintenance
Bargaining Unit: Stationary Engineers, Local 39
At-Will:  Yes  No
Form 700:  Yes No
FLSA Status:  Non-Exempt  Exempt
246

CITY OF WEST SACRAMENTO

SENIOR WATER TREATMENT PLANT OPERATOR IV
DEFINITION: The Senior Water Treatment Plant Operator IV performs a variety of tasks required to operate, maintainmaintain, and supervise employees engaged in the operation and maintenance of the the City’s water treatment plant, storage reservoirs and related facilities, programs and activities.

SUPERVISION RECEIVED AND EXERCISED: Receives general direction from the Water Treatment Plant Superintendent. A Water Treatment Plant Operator IVSenior Water Treatment Plant Operator is considered a senior level operator class in the Water Treatment Plant Operator series, providing lead supervision and training to subordinate personnel.

CLASS CHARACTERISTICS: The Water Treatment Plant Operator IVSenior Water Treatment Plant Operator provides ongoing guidance and training to lower levellower-level staff including assigning, monitoring, and reviewing work. Positions at this level are distinguished from those in the Water Treatment Plant Operator III class by the independence with which they perform their duties of handling the most difficult and complex work and performing lead work. This class is further distinguished from the Water Treatment Plant Superintendent in that the latter performs full supervisory and management duties.

EXAMPLES OF ESSENTIAL FUNCTIONS: (: (Illustrative Only): Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
 Assists the Water Treatment Plant Superintendent to implement goals, objectives, policiespolicies, and priorities.
 Provides technical training and lead supervision of lower levellower-level personnel with directing staff in the operation and maintenance of the water treatment plant, storage reservoirs, and related facilities.
 Performs the most complex and highly skilled operational duties such as the preparation of plant budget and administration, preparing operating procedures and policies.  Prepares and submits reports to ensure the plant’s compliance with state and federal regulations.
 Oversees the preventative maintenance programs including parts and equipment procurement.
 Develops and maintains work schedules.
 Conducts inspections and investigates complaints.
 Operates and monitors a variety of water treatment plant equipment.  Assists with maintenance of plant equipment.
 Performs a variety of laboratory tests and calculations.  Maintains and inspects plant records and logs.
 Performs relief work for subordinate personnel.
 Provides overall plant supervision during the Superintendent’s absence.

QUALIFICATIONS:

Knowledge of: Operation and maintenance of pumps, motors, piping and control systems found in water treatment plants; elementary mechanical, electrical, and hydraulic principles; objectives and methods of water laboratory analysis for treatment and control; principles of 247

CITY OF WEST SACRAMENTO
Water Treatment Plant Operator IVSenior Water Treatment Plant Operator (Continued) 2 lead supervision and training; safe work practices; current and emerging water issues and regulations.

Skill in: Performing the operational methods and processes of a water treatment plant and related facilities; supervising personnel; performing maintenance on all plant equipment; performing and evaluating laboratory tests; performing and evaluatingeevaluating calculations; communicate effectively; following oral and written directions; maintaining accurate records; preparing clear and concise reports; working effectively with co-workers and supervisors; maintain physical condition appropriate to the performance of assigned duties and responsibilities which may include walking, standing or sitting for extended periods of time and operating assigned equipment; maintaining effective audio-visual discrimination and perception needed for making observations, communicating with others, reading and writing, and operating assigned office equipment; maintain mental capacity which allows for effective interaction and communication with others.

EDUCATION AND EXPERIENCE: Any combination of training and experience which would provide the required knowledge and skill. A typical way to obtain the required knowledge and skill would be:

Education: Any combination of education and experience required to possess a State Water Resources ContolControl Board Treatment Operator Grade T4 Certificate and Grade D3 Water Distribution System Certificate as issued by the State of California Department of Public Health.

Experience: Three (3) years as a shift operator at a T5 Surface Water Treatment Plant facility.

LICENSES AND CERTIFICATES: Valid Class “3” or “C” California driver’s license. Grade T4 or higher Certificate and Grade D3 or higher Water Distribution System Certificate issued by the State of California Department of Public Health.

WORKING CONDITIONS: This position is normally scheduled to work a traditional 40-hour work week. This position may require occasional shift work to provide coverage during illness, vacation, or for any other reason that would cause the absence of subordinate workers; ability to wear and use SCBA units as regulated by Cal/OSHA; work in confined spaces.

PHYSICAL DEMANDS: Ability and mobility to work in a water treatment plant and field environment; walk, stand and sit for prolonged periods of time; frequently stoop, bend, kneel, crouch, crawl, climb, reach, twist, grasp and make repetitive hand movements in the performance of daily duties; climb heights on ladders; lift, carry, push, and/or pull moderate to heavy amounts of weight up to 50 pounds.

ENVIRONMENTAL ELEMENTS: Work is performed in a water treatment plant and field environment and in inclement weather conditions; exposure to dust, hazardous materials, chemicals, fumes, unpleasant odors, noisenoise, and other environmental substances; work in and/or around water; travel to and from various job sites; exposure to hazardous traffic conditions.

Adopted: 04/13/1988
Revised: 08/18/1993; 06/11/2003; 7/20/2011; 09/23/2015
Maintenance Update:

Title Change: 9/21/2022
Job Category: Service & Maintenance
Bargaining Unit: Stationary Engineers, Local 39
At-Will:  Yes  No
Form 700:  Yes No
FLSA Status:  Non-Exempt  Exempt
248
249

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF WEST SACRAMENTO
AND
STATIONARY ENGINEERS, LOCAL 39
Effective July 1, 2022 through June 30, 2024
250
i

TABLE OF CONTENTS

1.General Provisions ..........................................................................................1

2.City Rights .......................................................................................................1

3.New Classifications .........................................................................................2

4.Union Rights ....................................................................................................2

5.Administration of Compensation......................................................................4

6.Salary Increases..............................................................................................5

7.Probationary Period.........................................................................................6

8.Retirement .......................................................................................................6

9.Health and Welfare Benefits............................................................................6

10.Sick Leave Benefits and Program Incentives ................................................9

11.Safety Equipment and Uniforms....................................................................10

12.Special Pays..................................................................................................11

13.Holidays.........................................................................................................19

14.Vacation.........................................................................................................19

15.Bereavement Leave ......................................................................................20

16.Family Medical Leave, Pregnancy Disability Leave and Paid Family Leave.21

17.Miscellaneous Provisions ..............................................................................21

18.Grievance Procedure and Arbitration ............................................................27

19.Disciplinary Procedure...................................................................................29

20.No Lockout ....................................................................................................33

21.Full Understanding, Modification and Waiver ................................................33

22.Peaceful Performance ...................................................................................33

23.Savings Provision ..........................................................................................34

24.Term ..............................................................................................................34 Signature Page to Memorandum of Understanding ...........................................35 Exhibit "A" ................................................................................................36 Exhibit "B" ................................................................................................37 Exhibit "C"................................................................................................42 251
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2022– 6/30/2024

1. General Provisions

1.1. Parties to the Agreement
This Memorandum of Understanding (hereinafter MOU) is jointly prepared and executed by representatives of the City of West Sacramento (hereinafter CITY) and Stationary Engineers, Local 39 (hereinafter UNION) for presentation to, and consideration by, the City Council of the City of West Sacramento. It shall not be binding until adopted by the City Council of the City.

1.2. Recognition and Scope
The City hereby recognizes the Union as an exclusive recognized employee organization for purposes of Government Code 3500 et. seq. Such recognition shall extend only to the representation of regular, provisional, limited term and probationary employees occupying classifications as provided in Exhibit "A" attached hereto and incorporated therein and any other new classifications subsequently adopted by the City and approved by the Union.

2. City Rights

2.1. In General
All City rights and functions, except those which are expressly abridged by this agreement, shall remain vested with the City. Nothing in this agreement shall be construed to restrict any legal or inherent exclusive City right with respect to matters of general legislative or managerial policy which include, but are not limited to:
a) To determine the nature and extent of the services to be performed, as well as the right to determine and implement its public function and responsibility; b) To establish, assess and implement employee performance standards, including, but not limited to, quality and quantity standards; the assessment of employee performances; and the procedures for said assessment;
c) To establish, modify, determine or eliminate job classifications and allocate City positions to such classifications;
d) To direct the work force, including the right to hire, assign, promote, demote, or transfer an employee;
e) Require overtime work;
f) To reprimand, suspend, discharge, or otherwise discipline employees; g) To layoff employees from duty for lack of work, lack of funds, or any other reason; 252
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2022– 6/30/2024

h) To manage facilities and operations of the City including the methods, means, and personnel by which the City operations are to be conducted; i) Take all necessary actions to prepare for and carry out its mission in emergencies; j) To determine the processes, techniques, methods, and means for all operations, including changes, allocation or adjustments of any machinery or equipment; k) To promulgate, modify, and enforce work rules, safety rules, and regulations.

2.2. Employee Grievances Not Impaired
The exercise of the City management rights shall not preclude grievant from presenting a grievance concerning an adverse effect of the exercise of such rights upon him/her; provided, however, the basic right of management to act hereunder or make decisions is unimpaired.

2.3. Consultation with Union
This agreement is not intended to restrict the right of the City to consult with the Union regarding matters within the right of the City to determine nor shall it deny the Union the right to be consulted on the classification or reclassification of positions.

3. New Classifications
The City agrees to provide the Union with copies of proposed classification descriptions of any new position prior to consideration by the City Council. The Union and the City will negotiate over the proposed classification descriptions and the initial salaries.

4. Union Rights

4.1. Union Representation
The City recognizes and agrees to deal with designated stewards and representatives of Union on all matters relating to grievances and the interpretation, application, or enforcement of the express terms of this MOU.

4.2. Shop Stewards
The Union shall designate Shop Stewards and shall thereupon immediately furnish the City with the Steward's name. Notwithstanding Section 4.1 above, the Stewards will not be recognized by the City until his/her name is received by the City Manager or his/her designee.
253
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2022– 6/30/2024

4.3. Union Security
a) The City shall continue existing payroll deductions for Unit employees who are Members of the Union. The City shall start or stop deductions for dues or union benefit premiums, or both, following receipt of notice from the Union that authorization has been provided to the Union by an employee in the Unit. Should there be a dispute regarding the deduction of dues, the Union shall provide the City with a copy of the authorization(s) signed by the employee. The payments shall be made by authorized payroll deduction.
b) The City shall notify the Union of all newly hired employees and/or employees who move into a position covered by the Union. To the extent known, the City shall provide the following information to the Union: Name, Job Classification, Department, Work Location, Work Phone Number, Personal Home and Cellular Phone Numbers, Work and Personal Email address and Personal mailing address within thirty (30) days of hire and updated information on all employees at least once every one hundred twenty (120) days. It is the Union's obligation to notify all such employees of their rights and obligations under 3502.5 of the California Government Code. However, the City will provide all new employees with membership applications and dues deduction forms upon hire. c) Unless otherwise agreed in advance, Union Business Representatives, or their designees, shall be provided up to thirty (30) minutes to attend the City's regularly scheduled new-employee orientations so that they may provide information about the Union and the labor agreement. The new-employee orientation schedule shall be established by the City. The City shall provide the Union at least ten (10} days advance notice of a new-employee orientation. In cases of emergency staffing the Union may agree to waive the ten (10) day advance notice if requested by the City, provided that the Union retains the right to meet with the new hire(s) within ten (10) days of hire. In the event that a Union Business Representative cannot attend a new-employee orientation, Union Shop Stewards who are designated by the Union Business Representative, shall be granted paid release time to attend the new-employee orientation. Only one (1) shop steward shall be released to attend a new-employee orientation.

4.4. Dues Deduction
a) The City agrees to deduct and remit to the Union all authorized dues deductions and Initiation fees from Union members. The Union shall be responsible for notifying the City the amount of dues and initiation fees to be deducted from Union Members.
254
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2022– 6/30/2024

b) The written authorization for approved insurance, benefit, and savings program and the amounts of dues deducted shall be charged by the City upon written request of an affected employee after notification by the Union. c) Dues deduction and initiation fees shall remain in force and effect during the life of this MOU between the City and the Union, unless canceled in writing within a two (2) week period between June 1 and June 15 of any year. d) The City will promptly remit dues and initiation fees deducted to the Union together with a list of the employees who have had said fees deducted.

Deductions of dues will be made each pay period; provided, however, that the City and the Union may make other arrangements by mutual agreement. e) The Union agrees to indemnify, defend, and hold harmless the City against any claims of any nature and lawsuit against the City made or arising from City check-off for dues and initiation fees, insurance, or benefit program of the Union. f) In any case where an employee does not have sufficient funds to provide for payment of authorized dues deductions and/or initiation fees, the Union shall be responsible for collection from the employee.
g) The Union shall submit annual financial reports to the City and unit employees as required by California Government Code 3502.5.

5. Administration of Compensation

5.1. Pay Periods
All salaries shall be paid on a bi-weekly basis. Bi-weekly pay days shall be fixed to occur no later than one (1) week following the completion of the pay period.

5.2. Compensation for Portion of Pay Period
A regular employee who is in pay status for less than a full pay period shall have his pay computed on an hours worked basis.

5.3. Classification Plan

5.3.1 For employees hired as a regular employee prior to August 21, 2019, the salary range consists of five (5) steps (A through E) with approximately five percent (5%) between each step.

5.3.1.1 255
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2022– 6/30/2024

Upon promotion, employees with an original hire date as a regular employee prior to August 21, 2019, will continue to receive five percent (5%) merit increases.

5.3.2 For employees hired as a regular employee after August 21, 2019, the salary range consists of nine (9) steps (A through I) with approximately two-point five percent (2.5%) between each step.

6. Salary Increases

6.1 Salary Adjustments
All classifications in the bargaining unit shall receive the following:

6.1.1 Effective the first pay period after ratification and approval by the City Council, a general salary increase of three percent (3.0%).

Effective the first pay period after ratification and approval by the City Council, all classifications shall receive an equity adjustment of one point zero (1.0%).

Retroactivity of 2022 GSI and Equity Adjustments: Effective the first pay period after ratification and approval by the City Council, employees will receive a onetime, non-persable lump sum equivalent payment of the general salary increase and equity adjustments retroactive to pay period inclusive of July 1, 2022.

6.1.2 Effective the pay period inclusive of July 1, 2023, a general salary increase of three percent (3%).

Effective the pay period inclusive of July 1, 2023, all classifications shall receive an equity adjustment of one point zero percent (1.0%).

6.1.3 Equity adjustment shall precede general salary increases.

6.2 Signing & Retention Bonus Pay
Effective the first payroll period after ratification and approval by the City Council, employees hired on or before July 1, 2022, will receive a one-time, non-PERSable signing bonus of two thousand three hundred dollars ($2,300).

Effective the pay period inclusive of July 1, 2023, all employees will receive a one-time non-persable lump sum retention payment in the amount of two thousand three hundred dollars ($2,300).
256
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2022– 6/30/2024

7. Probationary Period
Employees shall have a six (6) month probationary period. This probationary period may be continued up to an additional six (6) months.

8. Retirement
a) The retirement program with CalPERS for employees hired before February 11, 2012, shall include the 2.5% @ 55 formula, highest thirty-six (36) months for final compensation determination, 3rd level of the 1959 Survivor Benefit, Military Service Credit as Public Service and the Unused Sick Leave Credit option. The employee shall be responsible for the entire eight percent (8%) of the employee’s CalPERS contribution on a pre-tax basis.
b) The retirement program with CalPERS for employees hired on or after February 11, 2012, shall include the 2% @ 60 formula, highest thirty-six (36) months for final compensation determination, 3rd level of the 1959 Survivor Benefit, Military Service Credit as Public Service and the Unused Sick Leave Credit option. The employee shall be responsible for the entire seven percent (7%) of the employee’s CalPERS contribution on a pre-tax basis.
c) The retirement program with CalPERS for employees hired on or after January 1, 2013 and who are new CalPERS members, shall include the 2% @ 62 formula in accordance with the Public Employees’ Pension Reform Act of 2013 (PEPRA) and includes highest thirty-six (36) months for final compensation determination and Unused Sick Leave Credit. The employee shall be responsible for the contribution rate of fifty percent (50%) of the total normal cost rate of the employee’s CalPERS contribution on a pre-tax basis.

9. Health and Welfare Benefits

9.1. Active Employees
An eligible unit employee may select group medical and dental insurance offered by the City, subject to reasonable and customary participation limitations. The plan shall entitle the employee and his/her dependents to group hospital, medical, and prescription drug benefits according to the plan's design and limitations.

9.1.1. Medical, Dental and Vision Insurance
The cafeteria plan amount for health benefits (medical, dental and vision) for employee only shall either be equal to one hundred percent (100%) of the cost of the Kaiser plan for employee only and one hundred percent (100%) of the cost of employee only dental and vision or equal to $865, whichever is greater; for employee plus one, the cafeteria 257
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plan amount shall either be equal to eighty percent (80%) of the Kaiser plan for employee plus one and eighty percent (80%) of the cost of employee plus one dental and vision or equal to $1255, whichever is greater; and for employee plus two or more, the cafeteria plan amount shall either be equal to eighty percent (80%) of the costs of employee plus two or more and eighty percent (80%) of the cost of employee plus two or more dental and vision or equal to $1625, whichever is greater. In no event shall any of the cafeteria plan contributions exceed 100% of the selected plan premium cost.

9.1.2. Share the Savings
Employees hired prior to the first pay period after ratification and approval by the City Council, who opt out of the City's medical plans and show proof of enrollment in another group medical plan shall receive four hundred dollars ($400) per month plus City paid dental/vision up to the family rate depending on coverage selected. This shall be referred to as "Share the Savings."
Employees hired on or after the first pay period after ratification and approval by the City Council, who participate in Share the Savings will receive four hundred dollars ($400) plus City paid dental/vision at the Employee Only rate. Employees may purchase dental/vision coverage up to the family rate with the Share the Savings funds.

9.1.3 Alternative Health Programs
The City reserves the right to offer alternative health programs to any employee, or to provide the existing coverages through other carriers, so long as no additional cost accrues to the employee. The City will consult with the Union prior to making any changes under this section.

9.2. Retired Employees

9.2.1 Employees first hired before the first pay period after ratification and approval by the City Council
The City agrees to pay for medical and dental premiums for retirees pursuant to the following schedule:
10-14 years of service: $50 + 25% of the premiums
15-19 years of service: $75 + 30% of the premiums
20 or more years of service: $100 + 50% of the premiums In all cases, this benefit is not to exceed seventy-five percent (75%) of the total premium or seven-hundred fifty dollars ($750.00) per month, whichever is less.

Additionally, retirees would be subject to the rules and regulations promulgated by the plan administrator as it relates to retirees.
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7/1/2022– 6/30/2024

9.2.2 Employees first hired on or after the first pay period after ratification and approval by the City Council
For new employees first hired on or after the first pay period after ratification and approval by the City Council, the City’s maximum monthly medical contribution for each eligible retiree shall be equal to the minimum employer contribution required for active employees pursuant to the Public Employees Medical and Hospital Care Act (PEMHCA). Rehired employees will fall under the medical retirement tier based on original date of hire.

The following contributions shall be made to the employees Retiree Health Savings Account (RHS). After accruing ten (10) continuous years of service with the City, and upon separation from the City, employees may draw from the City contribution in this account. Employees who terminate City service for reasons other than retirement or layoff prior to ten (10) years of continuous service with the City will forfeit any City contribution.
 From zero (0) to five (5) years of service, employees shall receive twenty-five ($25) per month in to be deposited to the employee’s RHS account.  After completion of five (5) years of continuous service with the City, employees shall receive one hundred dollars ($100.00) per month to be deposited into their RHS account.
 After completion of ten (10) years of continuous service with the City, employees shall receive one hundred and fifty dollars ($150.00) per month to be deposited into their RHS account.
 After completion of twenty (20) years of continuous service with the City, employees shall receive two hundred dollars ($200.00) per month to be deposited into their RHS account.

9.2.3 Rehired employees
Rehired employees will fall under the medical retirement tier based on original date of hire as a regular employee.

9.3. Life Insurance
The City shall provide a $20,000 term life insurance policy for employees, and a $1,000 policy per dependent, at no cost to the employee.

9.4. Long-Term Disability Insurance
The City shall provide a long-term disability insurance plan to unit members. The City will pay the premiums.
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Stationary Engineers, Local 39
7/1/2022– 6/30/2024

10. Sick Leave Benefits and Program Incentives

10.1. Philosophy
Sick leave is acknowledged to be an insurance type benefit, which shall only be used as specified below when a sufficient sick leave balance is available. Misuse or abuse of sick leave by an individual may result in its use being denied and disciplinary action taken against the employee.

10.2. Sick Leave Accrual
Each employee shall accrue sick leave at the rate of eight (8) hours per month. Regular, part-time employees shall accrue sick leave on a pro-rated basis equivalent to the fraction of an FTE position authorized by the City Council. (For example, .5 FTE, .75 FTE, .8 FTE, etc.).

10.3. Sick Leave
Sick leave is defined as the absence from duty by an employee because of:

His/her own illness or injury or exposure to a contagious disease which incapacitates such employee from his or her duties;
His/her own medical or dental appointment(s); or
He/she must care for a member of his or her family because of illness, injury or exposure to a contagious disease and when the care of such employee is definitely required, or for his/her family member’s medical or dental appointments.

As used in this subsection, "family" means husband, wife, domestic partner, child, brother, sister, parents, grandparents or spouse's parents, brother, sister or grandparents. “Child” is defined as a biological, foster, or adopted child, a stepchild, a legal ward or a child of a person standing “in loco parentis” (refers to a person who has put him/herself in the situation of a lawful parent by assuming the obligations incident to the parental relation without going through the formalities necessary to legal adoption).

The City Manager or his/her designee may request a doctor's certificate as proof of necessity for absences in order for sick leave to be granted.

10.4. Sick Leave Payoff
Upon termination of any employee eligible to accumulate sick leave credits for reason of layoff, retirement or death, such employee (or those entitled by law to the possession of the estate of a deceased employee) shall receive payment for fifty percent (50%) of the total sick leave credits accumulated by the employee. Employees who retire have the option to choose between a cash-out of up to fifty percent (50%) of their unused sick 260
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Stationary Engineers, Local 39
7/1/2022– 6/30/2024

leave, with the remaining amount reported to CalPERS OR in lieu of any cash-out, the reporting of one-hundred percent (100%) of their unused sick leave to CalPERS. No employee whose services are terminated by reason of discharge for cause or by reason of resignation shall be eligible for payment of any portion of accumulated sick leave credits.

11. Safety Equipment and Uniforms

11.1. Safety Equipment
For employees listed in the classifications below, and other new classifications deemed appropriate by the City and agreed to by the Union, the City will provide and replace as needed ANSI approved safety shoes, up to three hundred and fifty dollars ($350) per pair, limited to two pairs annually. In the event of unusual and excessive wear and tear, and employee may be reimbursed for an additional pair at the discretion of the department head and/or designee. Employees requiring prescription safety glasses will follow the procedure in Public Works Standard Operating Procedure (SOP) No. ADM-4A:
 Electrical Technician
 Equipment Mechanic Series
 Facilities Maintenance Worker Series
 Groundskeeper
 Instrumentation Technician
 Maintenance Worker Series
 Parks & Grounds Worker Series
 Stationary Engineer
 Traffic Control & Lighting Technician Series
 Treatment Plant Mechanic Series
 Water Treatment Plant Operator Series
The City reserves the right to establish a common provider. City will attempt to find sufficient provider(s) so that employees will have an adequate selection in convenient locations.

11.2. Uniforms
Any employee required to wear a uniform will be provided with same or compensated accordingly. The level of compensation for acquisition and maintenance will be that which is mutually agreed upon by the City and the Union as determined by the uniform required and the associated wear and tear. Uniforms shall consist of pants, shirt, jacket, and such other articles of clothing or accessories as are selected, furnished, and maintained by the City at its expense. Foul weather gear, such as hip boots, slickers, rainsuits, and work gloves shall also be furnished by the City when needed. Uniforms shall be worn by such employees as determined by the City.
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7/1/2022– 6/30/2024

12. Special Pays

12.1. Overtime
Employees shall be compensated only for overtime work approved by the department head or his/her designated representative. Employees required to work in excess of the normal work day or work week shall be compensated for such overtime with pay at one and one-half (1-1/2) the hourly equivalent of the employee's monthly base salary multiplied by the number of overtime hours worked. The definition of a “normal” workday is eight (8) hours and the definition of a “normal” workweek is forty (40) hours.

Employees in the classification of Recreation Supervisor I/II or Recreation Coordinator are eligible for daily overtime after ten (10) hours of work per day. Authorized overtime may be compensated by compensatory time off, at the above rate if agreeable to the City and employee; otherwise compensation shall be paid at the overtime rate. Absence with pay shall be counted as time worked, except that an employee taking unscheduled sick leave shall not receive premium overtime compensation until he/she has actually worked eight (8) hours in any day. Applications of this rule shall be only to the day that unscheduled sick leave is taken, however, time worked in excess of eight (8) hours in a day shall not be counted in determining whether an employee has worked in excess of his/her normal work week.

12.1.1 At any time during the calendar year in which it is earned, prior to the last pay date of the calendar year, an employee may request in writing that a portion or all of the compensatory time off accrued be paid on the earliest possible payday. The payment is subject to the approval of the Department Head or designee, as appropriate. An employee may only use or cash out compensatory time off during the calendar year in which it is earned. All accrued and unused compensatory time off balances will be cashed out on the last pay date of each calendar year so that the employee’s compensatory time off account is reduced to a zero balance. No unused compensatory time off hours may be carried over to a subsequent calendar year. No compensatory time off can be elected for overtime worked during the last pay period of the calendar year.

12.2. Overtime Distribution
Overtime will be assigned to individuals possessing necessary skills and/or availability as determined by management in its sole discretion. If more than one individual possesses the necessary skills and/or availability, the City shall make a reasonable effort to distribute overtime on an equitable basis.
 Ten (10) hours for employees in the classification of Recreation Supervisor I/II, and Recreation Coordinator.
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7/1/2022– 6/30/2024

12.3. Scheduled Overtime
An employee who is assigned to work scheduled overtime shall receive compensation at the premium rate for the actual time worked.

12.4. Standby

12.4.1 Any employee required to be available for standby duty shall be paid two dollars and seventy-five cents ($2.75) for each assigned hour of such duty in which the employee is not in any other pay status upon adoption of this MOU by the City Council. This section applies to the “sleep time” for Water Treatment Plant Operators and will not exceed eight (8) hours per shift for this classification.

12.4.2 Any employee who is on standby only during the observed holidays listed below shall retain four (4) holiday hours, in addition to standby. If an employee is called into work per Section 12.5 Callback, the employee may also retain the holiday hours actually worked over four (4) hours, up to a maximum of eight (8) holiday hours retained. • New Year's Day (January 1)
• Independence Day (July 4)
• Thanksgiving Day (Last Thursday in November)
• Christmas Day (December 25)

12.4.2.1 Holiday hours are to be taken at a later date within the same fiscal year. Holiday hours not taken within the fiscal year when earned will be paid to the employee following the end of the current fiscal year.

12.4.3 If an employee is assigned to standby and receives telephone contacts, and is engaged in a problem solving resolution which exceeds fifteen (15) minutes, the employee shall receive the two (2) hour minimum call back pay, or actual time worked, whichever is greater. Employees shall make a reasonable effort to obtain approval from his/her supervisor prior to engaging in the problem solving. The City recognizes that there may be times when prior approval may not be possible due to supervisor availability and/or calls of an emergent nature. In such instances, employees may engage in telephonic problem solving without obtaining prior approval from his/her supervisor. Additional calls within the two (2) hour period are covered under that minimum time.

12.5. Call Back
An employee who has completed his/her regular shift and has left the City premises and then is called back to work from his/her home shall receive a minimum of two (2) hours 263
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Stationary Engineers, Local 39
7/1/2022– 6/30/2024

pay at the overtime rate of time and one-half. Provided, however, that this shall not apply to an employee who is receiving standby pay and can respond from home in order to complete the work.

Any employee who is called back to only on the observed holidays listed below shall retain the holiday hours actually worked, not to exceed eight (8) hours. Holidays hours are to be taken at a later date within the same fiscal year. Holiday hours not taken within the fiscal year when earned will be paid to the employee following the end of the current fiscal year.
• New Year's Day (January 1)
• Independence Day (July 4)
• Thanksgiving Day (Last Thursday in November)
• Christmas Day (December 25)

12.6. Acting Supervisor Differential
An employee designated to act for a full day in the place of a supervisor shall receive an extra five percent (5%) of his/her base salary as additional compensation, commencing with the first hour after accumulating three (3) working days in the acting supervisory position in any calendar year.

12.7. Night Shift Differential
An employee shall receive a night shift differential of five percent (5%) of his/her base salary as additional compensation if more than one-half (1/2) of his/her scheduled work period is before 7:00 a.m. or after 6:00 p.m. This does not apply to Water Treatment Plant Operators who are on a twenty-four (24) hour shift.

12.8. Meal Allowance
For employees who work ten (10) or more continuous hours per day, the City will provide eighteen dollars ($18.00) meal allowance. An additional meal allowance of eighteen dollars ($18.00) will be paid to employees who have been at the work site fifteen (15) hours or more if the City has not been able to provide the employee with a meal at the job site. Employees who work twenty-four (24) hour shifts are not eligible for the meal allowance provision unless they are required to work continuously beyond their shift.

These employees will be eligible for meal allowance, according to the schedule described in this section, during the second twenty-four (24) hour shift.

12.9. Special Recognition
Employees hired prior to the first pay period after ratification and approval by the City Council who have completed five (5) years with the City based on their original hire date as a regular employee will receive sixty dollars ($60) per month in Special Recognition Pay.
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7/1/2022– 6/30/2024

Employees hired on or after the first pay period after ratification and approval by the City Council who have completed ten (10) years with the City with based on their original hire date as a regular employee will receive an amount equal to sixty dollars ($60) per month in Special Recognition Pay.

12.10. Holiday Pay
If an employee is required to work on a day being observed as a City holiday, the employee shall be paid overtime compensation at one and one-half (1-1/2) times the employee's regular rate of pay plus retain the holiday hours, to be taken at a later date within the same fiscal year. Holiday hours not taken within the fiscal year when earned will be paid to the employee following the end of the current fiscal year.

If an employee is required to work on any of the holidays listed below and the holiday falls on a Saturday or Sunday, the employee shall be paid overtime compensation at one and one-half (1-1/2) times the employee's regular rate of pay. If that employee also works on the observed holiday (Friday before or Monday after the actual holiday), the employee will not be eligible for overtime compensation for the hours worked on the observed holiday, but will retain the holiday hours to be taken at a later date within the same fiscal year
 New Year's Day (January 1)
 Independence Day (July 4)
 Veteran's Day (November 11)
 Christmas Day (December 25)
When any of the above holidays falls during a paid leave period, employees will receive pay for the holiday in lieu of being charged with the appropriate leave time. If the holiday falls during an unpaid leave period, the employee will not receive holiday pay.

12.11. Bilingual Pay
Premium pay of five percent (5%) shall be provided to employees possessing and utilizing bilingual skills on duty. The number of individuals to receive this pay, the languages eligible, and qualification requirements shall be determined by the City. The standard to be used for eligibility shall be conversational competency.

12.12. Court Time Pay
Off-duty court time for City related matters shall be paid at the rate of one and one-half (1-1/2) times the employee's regular rate of pay with a minimum pay equivalent to three (3) hours worked at the overtime rate. Any off duty time required to appear in court in excess of the three (3) hours in one day shall be compensated at the overtime rate. 265
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Stationary Engineers, Local 39
7/1/2022– 6/30/2024

12.13. Educational Incentive Program
The City encourages employees to go beyond the minimum job requirements in education and training.

An employee may receive incentive pay for college units and certifications as long as the units were earned independently. That is, units obtained to achieve required certificates are not eligible towards the unit count for educational incentives. Eligible employees shall receive one of the above incentives but not both.

12.13.1. Pay for College Units
Employees with sixty (60) or more college semester units or the equivalent quarter units shall receive an additional seventy-five dollars ($75) per month; Employees with ninety (90) or more college semester units or the equivalent quarter units shall receive an additional one-hundred twenty dollars ($120) per month.

Units obtained to achieve required certificates are not eligible towards the unit count for educational incentives. Eligible employees shall receive one of the above incentives but not both.

12.13.2. Pay for Certificates
Employees eligible for incentive pay for certificates shall receive only one of the certificate incentives unless otherwise noted.

12.13.3. Employees in the classifications listed below shall receive the following:

Water Treatment Plant Operator Apprentice:
 An additional one percent (1%) per month for a Grade T2 Water Treatment Operator’s Certificate;
Water Treatment Plant Operator II:
 An additional one and one-half percent (1.5%) per month for a Grade T3 Water Treatment Operator’s Certificate;
 An additional one and three-quarter percent (1.75%) per month for a Grade T4 Water Treatment Operator’s Certificate
 An additional one and one-half percent (1.5%) per month for a Grade D3 Water Distribution Certificate issued by the State of California Department of Health Services.
 An additional two percent (2%) per month for a Grade D4 Water Distribution Certificate issued by the State of California Department of Health Services. 
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Stationary Engineers, Local 39
7/1/2022– 6/30/2024

Water Treatment Plant Operator III:
 An additional one and three-quarter percent (1.75%) per month for a Grade T4 Water Treatment Operator’s Certificate;
 An additional two percent (2%) for a Grade T5 Water Treatment Operator’s Certificate
 An additional two percent (2%) per month for a Grade D4 Water Distribution Certificate issued by the State of California Department of Health Services.

Senior Water Treatment Plant Operator:
 An additional two percent (2%) per month for a Grade T5 Water Treatment Operator’s Certificate.
 An additional two percent (2%) per month for a Grade D4 Water Distribution Certificate issued by the State of California Department of Health Services.

Water Treatment Plant Operator Apprentice – Senior
• An additional two percent (2%) for a Laboratory Analyst/Water Quality Analyst Certificate Grade I
• Water Treatment Plant Operator Apprentice - Senior shall be eligible to receive certificate incentives concurrently. The total number of employees who receive the Laboratory Analyst/Water Quality Analyst Certificate Grade I incentive is limited to one (1) employee at any given time.  Employees in the Water Treatment Plant Operator classification series may receive one Treatment and one Distribution certificate incentives concurrently.

Treatment Plant Mechanic I/II/Chief:
 An additional one percent (1%) per month for a Grade D2 Water Distribution Operator's Certificate.

Maintenance Worker/Senior:
 An additional on-half percent (0.5%) per month for a Grade D1 Water Distribution Certificate issued by the State of California Department of Health Services.
 An additional one percent (1%) per month for a Grade D2 Water Distribution Certificate issued by the State of California Department of Health Services. 267
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 An additional one and one-half percent (1.5%) per month for a Grade D3 Water Distribution Certificate issued by the State of California Department of Health Services.
 An additional one percent (1%) per month for a Grade II CWEA Collection System Maintenance Certification for the duration an employee is assigned to perform sewer collection duties. The Director of Public Works/designee will assign such duties and determine the number of employees receiving this assignment at his/her sole discretion.
 An additional one-half percent (0.5%) per month for either a Spray Applicator Certification or a pest Applicator License.
 A Maintenance Worker/Senior shall be eligible to receive one of the water distribution certificate incentives, the collections system maintenance certificate incentive (if assigned as indicated in bullet #4 above) and the Spray Applicator Certificate or a Pest Applicator license incentive concurrently.

Chief Maintenance Worker:
 An additional two percent (2%) per month for a Grade D4 Water Distribution Certificate issued by the State of California Department of Health Services.  An additional one-half percent (0.5%) per month for either a Spray Applicator Certificate or a Pest Applicator License.
 A Chief Maintenance Worker shall be eligible to receive one of the water distribution certificate incentives and the Spray Applicator Certificate or a Pest Applicator License concurrently.

Groundskeeper and Parks and Grounds Worker/Senior:
 An additional one-half percent (0.5%) per month for either a Spray Applicator Certificate or a Pest Applicator License (.5% maximum).  An additional one and one-quarter percent (1.25%) per month upon possession of an Arborist Certificate.

Recreation Coordinator and Recreation Supervisor I/II:
 An additional one-half percent (0.5%) per month for a Certified Park and Recreation Professional Certification.
 An additional one percent (1%) per month for a Certified Pool Operator Certification (CPO) or Aquatics Facilities Operator Certification.  Recreation Coordinator and Recreation Supervisor I/II shall be eligible to receive both certificate incentives concurrently, provided that the total number of employees who receive the Certified Pool Operator (CPO) or 268
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Stationary Engineers, Local 39
7/1/2022– 6/30/2024

Aquatics Facilities Operator Certification is limited to two (2) employees at any given time.

Electrical Technician:
 An additional two percent (2%) per month for becoming a Certified General Electrician by the California Department of Industrial Relations.

Facilities Maintenance Worker/Aide/Senior/Chief:
 An additional one percent (1%) per month for Certified Pool Operator Certification (CPO) or Aquatics Facilities Operator Certification.  An additional two percent (2%) per month for Certificate of Completion of coursework in mechanical-electrical technology from an accredited college or university.
 Employees in the Facilities Maintenance classification series shall be eligible to receive one of the pool or aquatics incentives and the mechanicalelectrical technology certificate concurrently.

Equipment Mechanic classification series:
 An additional one-half percent (0.5%) per month as a certification incentive for any ASE certification. This amount is limited to one-half percent (0.5%) per month regardless of the number of certifications.

12.14. Backflow/Cross Connection Control Assignment
An employee who is certified to perform and is assigned to perform Backflow Prevention/Cross Connection Control duties by the Director of Public Works shall receive an additional five percent (5%) footnote to his/her salary during the term of his/her assignment. The Director of Public Works will assign such duties and determine the number of employees receiving this assignment at his/her sole discretion.

The Director of Public Works or his/her designee will determine if the back-up employee is needed to perform Backflow/Cross Connection Control duties. If it is determined that the employee is needed, the employee will be paid a five percent (5%) footnote for only those hours performing the assigned Backflow/Cross Connection Control duties.

12.15. Class A Commercial License
Employees in the classification of Chief Maintenance Worker, Senior Maintenance Worker, Chief Treatment Plant Mechanic, Treatment Plant Mechanic II and Equipment Mechanic II shall receive an additional five percent (5%) of base salary upon obtaining and maintaining a valid California Class A Commercial driver’s license. 269
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2022– 6/30/2024

Employees hired on or after January 1, 2017, in the classifications of Chief Maintenance Worker, Senior Maintenance Worker, and Equipment Mechanic II shall be required to obtain and maintain a valid California Class A Commercial driver’s license within one (1) year of appointment.

Employees hired on or after July 20, 2018, in the classifications of Chief Treatment Plant Mechanic and Treatment Plant Mechanic II shall be required to obtain and maintain a valid Class A Commercial driver's license within one ( 1) year of appointment.

13. Holidays
Employees shall be entitled to paid holiday leave for the following days:
 New Year's Day (January 1);
 Martin Luther King's Birthday (Third Monday in January);  Presidents' Day (Third Monday in February);
 Memorial Day (Last Monday in May);
 Independence Day (July 4);
 Labor Day (First Monday in September);
 Veterans' Day (November 11);
 Thanksgiving Day (Last Thursday in November);
 Day after Thanksgiving Day (Last Friday in November);  Christmas Day (December 25).

When any of the above holidays fall on a Sunday, the Monday following shall be observed as a holiday. When any of the above holidays fall on a Saturday, the preceding Friday shall be observed as the holiday. (See Section 12.10 for compensation for work on City holidays.)
Employees shall be entitled to four and one-half (4-1/2) floating holidays per fiscal year.

Management shall make every effort to allow up to one-half (1/2) of the employees to take four (4) hours of paid leave time on Christmas Eve and one-half (1/2) of the employees to take four (4) hours of paid time on New Year’s Eve with each department, if that is the desire of the employees.

Regular, part-time employees shall be entitled to paid holidays on a pro-rated basis equivalent to the fraction of an FTE position authorized by the City Council. (For example, .5 FTE, .75 FTE, .8 FTE, etc.)

14. Vacation

14.1. Vacation Accrual
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Stationary Engineers, Local 39
7/1/2022– 6/30/2024

Employees accrue vacation as follows:
1-5 years of service: 10 days
6-10 years of service: 15 days
11-20 years of service: 20 days
20 + years of service: 25 days
A maximum of two-hundred forty (240) hours of unused, vested time may be accumulated by an employee. The maximum shall increase to three-hundred (300) hours for those employees with twenty (20) or more years of service.

Vacation leave accrual for regular, part-time employees shall be applied on a pro-rated equivalent to the fraction of an FTE position authorized by the City Council. (For example, .5 FTE, .75 FTE, .8 FTE, etc.)
Upon leaving City employment, an employee shall be paid the monetary value of his/her vested vacation. Such monetary value shall be calculated based on the employee’s rate of pay at the time of leaving employment.

14.2. Vacation Scheduling
Department heads shall have the full responsibility and discretion for setting vacation periods for all employees under their supervision. Department heads will make every reasonable effort to ensure that employees will be allowed to take vacation in the amount of time equivalent to that earned in the fiscal year.

In setting vacation schedules, the department head or his/her designee shall consider the desires of the employees and the need to maintain an efficient operation of the department. The department head or his/her designee shall also be aware and consider the maximum vacation accrual allowed.

14.3. Vacation Buy Back

14.3.1 Employees with a maximum accrual of two-hundred forty (240) hours may sell back a maximum of twenty (20) hours per calendar year.

14.3.2 Employees with a maximum accrual of three-hundred (300) hours may sell back a maximum of forty (40) hours per calendar year.

14.3.3 271
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Stationary Engineers, Local 39
7/1/2022– 6/30/2024

Eligible employees electing to cash out vacation hours may do so by completing the process implemented by Human Resources no later than December for the next calendar year. The decision by an employee to cash out vacation hours is irrevocable.

15. Bereavement Leave
See Personnel Rules
When a death occurs in an employee’s immediate family, the City will provide time off, with pay, up to a maximum of four (4) days. An additional six (6) days may be granted by the Department Head in his/her discretion, depending upon the circumstances; however, this additional time shall be charged against vacation, floating holiday, or sick leave, or taken without pay if no leave time exists. Members of the immediate family are parent, stepparents, husband, wife, domestic partner, children (including step-children and foster children), brother, sister, mother-in-law, father-in-law, daughter-in-law and son-in-law.

In case of the death of other close relatives, including the employee’s brother-in-law, sister-in-law, step-brothers, step-sisters, aunts, uncles, grandparents or grandchildren, the employee shall be allowed time off with pay, up to a maximum of two (2) days. An additional three (3) days may be granted by the Department Head in his/her discretion, depending upon the circumstances; however, this additional time shall be charged against vacation, floating holiday, or sick leave, or taken without pay if no leave time exists.

16. Family Medical Leave, Pregnancy Disability Leave and Paid Family Leave See Personnel Rules

17. Miscellaneous Provisions

17.1. Tuition Reimbursement and Training

17.1.1 Tuition Reimbursement
The provision for tuition reimbursement is applicable for job-related courses taken at accredited post-secondary institutions or business or trade schools. Course attendance is on the employee’s own time.

For budget and planning purposes, the department head may formally request unit members to provide educational plans and associated costs of tuition and books for an upcoming fiscal year. This enables the department to advise Human Resources so it may plan its budget for the subsequent fiscal year. The City will provide up to one-thousand, five-hundred dollars ($1,500) per fiscal year for tuition reimbursement for approved job related courses, including books, with the following conditions. The employee must 272
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Stationary Engineers, Local 39
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provide verification that she/he has completed the approved course work with a grade of “C” or better or achieved a “pass” grade in a pass/fail course. The employee shall request approval of the department head in advance.

An employee who has not followed the process established for the department is not assured of obtaining reimbursement for courses taken. A request may be submitted, but will not be considered for payment until the end of the fiscal year after all other planned requests have been approved and paid. Depending upon the amount remaining, unplanned requests will be paid from unexpended tuition reimbursement funds until they are exhausted.

Funds for tuition reimbursement will be budgeted by Human Resources each year for a subsequent fiscal year. Unit members must submit requests by the deadline established by the department. Tuition requests are subject to approval by the department head.

Since some tuition may not be known at the time the department requests funds, the department will build in a cushion for unanticipated tuition.

17.1.2 Training
“Training” includes job-related workshops, conferences or courses not specifically leading towards a college degree or professional certificate program or business/trade school completion certificate. Courses leading towards job related state or professional association certificates are allowable training activities and fall under the guidelines specified in this section.

Funds for employee training activities will be budgeted by departments each year for the subsequent fiscal year. Unit members must submit requests by the deadline established by the department. Training requests are subject to approval by the department head.

Approved requests will be incorporated into the department’s training budget, as well as department mandated training activities. Since some training activities may not be known at the time the department requests funds, the department will build in a cushion for unanticipated training activities.

In the case of department training, the department will pay for course fees, cost of related certificate, transportation, hotel accommodations and meals in accordance with Administrative Policy IV-B-4, Travel Reimbursement. Training activities for the maintenance of current job required certificates or licenses will be determined by and budgeted by the department.

If an employee requests and the department approves training, including training that will prepare the employee to obtain a job related certificate or license not required of the current job, the department will pay for course fees, cost of the certificate, transportation, hotel accommodations and meals in accordance with Administrative 273
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2022– 6/30/2024

Policy IV-B-4, Travel Reimbursement. Time spent in the training session will be counted as time worked.

This section shall only be applicable to Local 39 members who have previously requested and been granted reimbursement. Section 17.1.1 Tuition Reimbursement shall sunset at the time of expiration of the current MOU.

17.2. Mileage and Travel Allowance
Subject to prior approval of the department head or his/her designee:
a) An employee directed to utilize his/her personal vehicle in the conduct of authorized City business shall be entitled to reimbursement at a rate equal to that allowed by the Internal Revenue Service. Claims for mileage reimbursement must be accompanied by accounting of eligible miles traveled as registered by beginning and ending odometer readings, less miles traveled for personal reasons. b) An employee shall be entitled to reimbursement for actual costs of travel by commercial carrier in connection with authorized City business, when substantiated by receipt showing payment for such travel. c) An employee shall be entitled to reimbursement for necessary costs of lodging, meals, registration fees, parking fees, bridge and highway tolls, taxi services and multi-passenger vehicles in the conduct of authorized City business. Claims for such reimbursement must be accompanied by receipt showing payment.

17.3. Light/Limited Duty
When, due to injury or illness, whether or not the injury or illness is work related, an employee is unable to perform his/her usual duties, the employee may work in a light/limited duty capacity if such work is available in the City, as determined by the department head in his/her sole discretion.

An employee may work light/limited duty only upon authorization of the employee's attending physician, and only to the extent that the employee's illness or injury is not further aggravated by working in this capacity nor is a hazard created for other employees.

If light/limited duty is available, and the employee is cleared by an attending physician to perform such work, he/she shall accept light/limited duty. As much as possible, every reasonable effort will be made to allow the employee to work light/limited duty on the same shift to which he/she is assigned for up to a period of one (1) week. Following the one (1) week period, light/limited duty assignments will be made in accordance with the best interests of the department.
274
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Stationary Engineers, Local 39
7/1/2022– 6/30/2024

17.4. Safety
All employees covered by this MOU will comply with all Federal (OSHA) and State (CalOSHA), and City safety policies and directives.

The City shall provide all employees with safety training pertinent to the employee's assignments and the appropriate safety equipment.

17.5. Safety Committee
The City shall maintain a City-wide Safety Committee that meets on a regular basis with the goal being to meet once a month. The Committee will have representatives from all departments. Local 39 may appoint three (3) members to serve on the Committee.

17.6. Personnel File
Employees may request removal of adverse/derogatory materials from their personnel files. The City Manager or his/her designee may approve such requests in his/her sole discretion.

The City agrees that informal letters of counseling, informal reprimands, and similar documents will not be placed in an employee’s personnel file but may be placed in a supervisory or department file. These documents will be removed within one (1) year if the employee has not been served with a formal discipline on the same or similar subject during that time period.

Formal letters of reprimand will be removed from an employee’s personnel file within two (2) years of occurrence, provided no further disciple on the same or similar subject has been served on the employee within that time period.

17.7. Training
The City recognizes the value of continued training in obtaining the goals of professionalism and reducing liability to the City and will make every effort to provide training to employees in the bargaining unit.

17.8. Flex Time / Alternative Work Schedules
The City and Union acknowledge the benefits of flexible/alternative work schedules when they meet the needs of both the City and employees. Employees and/or the Union may propose in writing alternative/flexible schedules to the employee’s supervisor/City. The supervisor/City shall consider such proposals and may approve or deny them in its sole discretion. When an alternate/flexible schedule is approved by the supervisor/City the approved schedule shall be attached to the required Human Resources form for processing. All schedule changes shall begin at the start of a new payroll period. The City may discontinue alternative/flexible schedules and return employees to their regular 275
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2022– 6/30/2024

work schedules at its sole discretion, provided, however, the notice is given to employees pursuant to section 17.14 of this Agreement.

17.9. Automatic Deposit
The City will continue to offer automatic payroll deposit to employees. Should the City terminate this program for any reason, the City will meet with the Union to discuss the impact of this decision on its members.

17.10. Rest Periods
a) All employees working more than six (6) hours in a day shall receive two (2) paid fifteen (15) minute breaks (rest periods) in each day. The first shall occur approximately midway between their starting time and their meal time. The second shall occur approximately midway between their meal time and the end of their workday. All such employees are to take an unpaid meal period of not less than thirty (30) minutes and not more than one (1) hour after a work period of not more than five (5) hours.

All employees who work at least three and one-half (3-1/2) hours but six (6) hours or less in a day will receive one (1) paid fifteen (15) minute break (rest period) each day. This shall occur approximately mid-way between their starting time and their finishing time.
b) Rest Periods Between Work Days
It is the intent of this Section to provide for and ensure a reasonable amount of rest for employees who may be required to work an extraordinary number of overtime hours between work days or on a continuous emergency work schedule.

In such circumstances, the City agrees to the following provisions as a means of assuring adequate rest, and the prevention of fatigue and safety hazards. Rest periods in this section shall mean a period of time in which the employee does not have to report to work but is paid at the straight time rate.

1. Employees called into work during the eight (8) hour period immediately preceding the beginning of his/her regular work shift are entitled to a paid rest period equal to the number of hours actually worked.

2. Employees required to work fourteen (14) to sixteen (16) continuous hours are entitled to a paid rest period of two (2) hours.

3. Employees required to work sixteen (16) or more continuous hours are entitled to a paid rest period of eight (8) hours.

4. The employee may request an alternate rest period either at the beginning or end of his/her regular work shift. If the employee wants to take the entire day 276
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2022– 6/30/2024

off, the employee may request to use vacation or comp time for those hours not covered by the overlap.

5. Employees not scheduled to work on the following day after being called back to work or on a continuous emergency work schedule shall not be entitled to a rest period.

17.11. Military Leave
See Personnel Rules

17.12. Jury Duty
See Personnel Rules

17.13. Water Plant Schedules
The City and Union acknowledge that the operation of the City’s water treatment plant necessitates special scheduling of employees. Attached as Exhibit “B” and incorporated herein are the specific conditions and procedures for the affected positions.

17.14. Shift Change Notice
An employee’s supervisor/designee will provide a two (2) week notice to an employee for regular, on-going shift changes. All shift changes will begin at the start of a new payroll period. The supervisor/designee will attempt to provide at least a one (1) week notice for temporary changes unless unavoidable circumstances arise.

17.15. Job Security
If the City proposes to contract out work which has been customarily and routinely performed by bargaining unit classifications, the City shall give the Union ninety (90) days advance notice and an opportunity to meet and confer on the adverse impact.

17.16 Performance Evaluation
See Personnel Rules.

In addition to the Personnel Rules, in the event that an employee does not receive a performance evaluation within the prescribed timelines, it shall be assumed that the employee’s work performance is rated as “Satisfactory.”

17.17 Layoffs
See Personnel Rules.

In addition to the Personnel Rules, the following provisions shall apply:
 Employee shall be given written notice of layoff by the City at least thirty (30) calendar days in advance of the effective date of such layoff. 277
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2022– 6/30/2024

 Employees shall notify the City Manager in writing within five (5) working days of receiving a layoff notice to demote in lieu of layoff.

18. Grievance Procedure and Arbitration

18.1. Grievance Procedure

18.1.1. Definitions
a) Grievance: A grievance is a claimed violation, misapplication, or misinterpretation of a specific provision of this MOU or employee protection contained in any ordinances, resolutions, personnel rules, or written policies which adversely affects the grievant and/or the entire membership of the Union. b) Grievant: A grievant is (1) an employee in the unit who is filing a grievance as defined above; (2) any group of employees adversely affected in a substantially similar manner who are consolidated as a group grievance and thereafter represented by the Union; (3) the Union when the grievance alleges a violation that affects the Union as a whole.

The Union shall have standing under this procedure to initiate a grievance over alleged violations of a specific section(s) of this Agreement that affects the entire Union, an entire department or five (5) or more unit members in any one classification. Union grievances shall be processed beginning at Level III. c) Day: Day shall mean day in which the City's main administrative office is open for business.

18.1.2. Process
a) Informal Level: Within ten (10) days from the event giving rise to a grievance or from the date the employee could reasonably be expected to have had such knowledge of such event, the grievant and/or the grievant’s representative shall orally discuss the grievance with his/her supervisor. The supervisor shall have three (3) days to give an answer to the employee.
b) Formal Levels:

Level I: If the grievant is not satisfied with the resolution proposed at the informal level, he/she may within ten (10) days of receipt of such answer file a formal written grievance with his/her immediate supervisor on a form provided by the City. The supervisor shall, within three (3) days have a meeting with the grievant and/or the grievant’s representative and within five (5) days thereafter give a written answer to the grievant on the form provided.

Level II: If the grievant is not satisfied with the supervisor's answer, the grievant may, within five (5) days from the receipt of such answer, file a written appeal to 278
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2022– 6/30/2024

the department head who shall, within ten (10) days, meet with the employee and/or the grievant’s representative, and within five (5) days thereafter give a written answer to the grievant.

Level III: If the grievant is not satisfied with the written answer from the department head, the grievant may, within five (5) days from the receipt of such answer, file a written appeal to the City Manager or his/her designee. Within fifteen (15) days of receipt of the written appeal, the City Manager or his/her designee shall investigate the grievance which may include a meeting with the concerned parties and thereafter give a written answer to the grievant within five (5) days.

18.1.3. General Provisions
a) If a grievant fails to carry his/her grievance forward to the next level within the prescribed time period, the grievance shall be considered settled based upon the decision rendered at the most recent step utilized.
b) If a supervisor or manager fails to respond with an answer within a given time period, the grievant may appeal his/her grievance to the next higher level. c) Time limits and formal levels may be waived by mutual written consent of the parties.
d) Proof of Service shall be accomplished by registered mail. e) At each step of the formal grievance procedure, a copy of the decision shall be given to the Union at the same time as the decision is sent to the grievant.

18.1.4. Advisory Mediation (Level IV)
If both parties agree, the parties will participate in advisory mediation in an attempt to settle the case before a hearing is scheduled with the arbitrator. The parties will request a mediator from the State Mediation and Conciliation Service. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues. If mediation fails to resolve the grievance, the grievance moves to arbitration.

18.1.5. Arbitration (Level V)
If the parties are unable to reach a mutually satisfactory accord on the grievance which arises out of and is presented according to the specific procedures and limitations of the Article during the term of this MOU, such grievance may be submitted by the Union to an impartial arbitrator who shall be designated by mutual agreement between the Union and the City Manager.
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Stationary Engineers, Local 39
7/1/2022– 6/30/2024

a) The Union shall make its intentions to use this provision known within ten (10) days of the final answer given under Level III of Section 18.1.2 subsection (b) above.
b) The fees and expenses of the arbitrator and of a court reporter, if used, shall be shared equally by the Union and the City. If one of the parties waives the right to use a court reporter, and the arbitrator does not require a court reporter, the party requiring the court reporter will bear the full cost of the court reporter. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any.
c) Decisions of arbitrators on the matter properly before them shall be final and binding on the parties hereto, to the extent permitted by law. d) No arbitrator shall entertain, hear, decide, or make recommendations on any dispute unless such dispute involves a position in the unit represented by the Union and unless such a dispute falls within the definition of a grievance as set forth in Section 18, 18.1.1 (a) above.
e) Proposals to add or change this MOU or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this MOU, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this section. f) No arbitrator shall have the power to amend or modify this MOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. The arbitrator's decision shall be limited only to the application and interpretation of the provisions of this MOU in the matter referred for consideration.
g) Should the City Manager or his/her designee and the Union fail to reach agreement on the selection of an arbitrator within fifteen (15) days, they shall jointly request a list of five (5) qualified arbitrators from the California State Mediation and Conciliation Service or the American Arbitration Association. If a mutual selection cannot be made from the list received within five (5) days, the parties shall select the arbitrator by alternately striking names until only one name remains who shall be the selected arbitrator. Any fees in connection with obtaining a list of arbitrators shall be shared equally between the City and the Union.

19. Disciplinary Procedure
280
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2022– 6/30/2024

19.1. Definition
Days as defined in this Section means calendar days unless expressly stated otherwise.

19.2. Purpose
The purpose of the disciplinary procedure is:
a) To provide employees subject to disciplinary action all rights to which they are entitled by law;
b) To provide an orderly procedure for pre-action notice, response, implementation, and appeal;
c) To correct deficiencies in employee performance and to ensure improvement to meet job standards.

19.3. Employee Representation
An employee may have a representative at all stages of the disciplinary process as outlined in this Section, provided that the representative is not a party to the action.

19.4. Administrative Leave
An employee may be placed on Administrative Leave, with pay, pending investigation of facts possibly giving rise to the potential need for discipline.

19.5. Notice of Proposed Disciplinary Action
Prior to suspension without pay, reduction in pay, demotion, or dismissal, the employee shall be provided the following:
a) Notice of the proposed action;
b) The reasons for the proposed action;
c) A copy of the charges and any materials upon which the proposed action is based; d) Notice that the employee is entitled to an opportunity to respond to the charges orally, or in writing, or both, personally or with a representative; e) The date and time of the response meeting during which the employee and his/her representative will have an opportunity to refute the charges or present facts that may not be known;
281
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7/1/2022– 6/30/2024

f) Notice that if the employee fails to attend the response meeting, the employee shall be deemed to have waived all rights to said meeting and from appeal to any action taken.

19.6. Notice of the Response Meeting
Notice of the response meeting shall be given no less than seven (7) days prior to the meeting.

19.7. Response Meeting
At the time and place for the meeting giving the employee an opportunity to respond, the employee may respond orally and/or in writing, personally, or with a representative.

Neither party shall be entitled to call witnesses or take testimony.

At the meeting, the City Manager or his/her designee, may consider information contained in the charges and recommendations as well as information presented by the employee or his/her representative.

At the conclusion of the response meeting, or within seven (7) days, the City Manager or his/her designee, shall issue an order implementing or determining not to implement the action. The City Manager or his/her designee, may implement an action that is of lesser severity than that which was initially proposed.

19.8. Implementation of Discipline
When discipline is imposed, a copy of the order shall be served upon the employee, either personally or by registered or certified mail, return receipt requested, at the last known address on file with the City. The order shall include:
a) A statement of the nature of the discipline imposed; b) The effective date of the discipline;
c) A statement of the causes for the discipline;
d) A statement of the specific facts or omissions upon which the discipline is based; and
e) A statement advising the employee of his/her rights to appeal the disciplinary action. The statement shall include the manner and time within which an appeal must be taken, and the required content of the appeal notice.

19.8.1. Letter of Reprimand
282
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2022– 6/30/2024

An employee may request a meeting with the Assistant City Manager or designee, to review a Letter of Reprimand within ten (10) days of receipt. The Assistant City Manager or designee, shall meet with the employee within ten (10) days of the request. The Assistant City Manager or designee, shall have the authority to uphold, modify, or remove the Letter of Reprimand. The decision of the Assistant City Manager or designee, shall be final.

19.9. Disciplinary Appeal Procedure
The employee, or his/her representative, after service of an order of disciplinary action as specified in this Article may request that the matter be submitted to an arbitrator as provided in the following Sections. A written request for an appeal must be served upon the City Manager or his/her designee within ten (10) days following receipt of the order of discipline. The demand for a hearing shall include:
a) Specific grounds for review;
b) Copies of materials upon which the discipline is based.

19.10. Selection of an Arbitrator
An arbitrator may be mutually agreed upon by the two parties. If they fail to agree upon an arbitrator within ten (10) working days, the Division of Conciliation of the State of California Department of Industrial Relations shall be requested to submit a list of five (5) arbitrators and from such list the employee and the City Manager or his/her designee, shall promptly select the arbitrator by the alternate striking of names, commencing with the employee, from said list. Upon selection of the arbitrator, the City Manager or his/her designee, shall contact the arbitrator and arrange for the earliest hearing date available with regard to the parties schedules. Should the arbitrator's calendar preclude a hearing date within sixty (60) days, the City Manager or his/her designee may require the parties to strike names for a replacement hearing officer.

19.11. Arbitration Hearing and Decision
The arbitration hearing shall be conducted as a full scale evidentiary hearing with full due process rights, including the right to present witnesses, present evidence, cross examine opposing witnesses, the right to counsel, and findings to support the decision.

Within thirty (30) days of the conclusion of the hearing, the arbitrator shall render a written decision. The decision of the arbitrator shall be provided to both parties. Any decision of the arbitrator shall be binding upon both parties.

19.12. Cost of Arbitration
283
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2022– 6/30/2024

The cost of the arbitrator and any expenses associated with the hearing shall be shared equally by the employee and the City. If a transcript of the proceedings is requested, the party making such a request shall pay the cost.

19.13. Discipline Retention
a) Upon notice from the employee, Letters of Reprimand shall be withdrawn from an employee’s official personnel file two (2) years from the date of issue, provided there has not been additional formal discipline imposed during the two (2) year period.
b) Upon notice from the employee, disciplinary transfers and suspensions without pay of two (2) days or less shall be withdrawn from an employee’s official personnel file three (3) years from the date of issue, provided there has not been additional formal discipline imposed during the three (3) year period. c) Upon notice from the employee, suspensions without pay of three (3) days or more and disciplinary demotions shall be withdrawn from an employee’s official personnel file five (5) years from the date of issue, provided there has not been additional formal discipline imposed during the five (5) year period.

20. No Lockout
No lockout of unit employees shall be initiated by the City during the term of this MOU.

21. Full Understanding, Modification and Waiver
This MOU 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 it right to negotiate, and agrees that the other party shall not be required to negotiate with respect to any matter covered herein during the term of this MOU. Nothing in this paragraph shall preclude the parties from jointly agreeing to meet and confer on any issue(s) within the scope of representation during the term of this MOU; provided that no modification to any 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 and implemented by the City Council and the Union.

The waiver of any breach, term, or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. 284
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2022– 6/30/2024

22. Peaceful Performance
The parties to this MOU recognize and acknowledge that many of the services performed by the City employees covered by this MOU are essential to the public health, safety, and general welfare of the residents of the City. The Union agrees that under no circumstances will the Union recommend, encourage, cause, or permit its members to initiate, participate in, nor will any member of the bargaining unit take part in any strike, sit-down, stay-in, slow-down, or picketing (hereinafter collectively referred to as workstoppage), in any office or department of the City, nor curtail any work or restrict any production, or interfere with any operation of the City. In the event of any work-stoppage by any member of the bargaining unit, the City shall not be required to negotiate on the merits of any dispute, which may have given rise to such work-stoppage until such workstoppage has ceased.

In the event of any work-stoppage, during the term of this MOU, whether by the Union or by any member of the bargaining unit, the Union by its officers, shall immediately declare in writing and publicize that such work-stoppage is illegal and unauthorized and further direct its members in writing to cease said conduct and to resume work. Copies of such written notice shall be served upon the City. If in the event of any work-stoppage, the Union promptly and in good faith performs the obligations of this paragraph, and providing the Union has not otherwise authorized, permitted, or encouraged such workstoppage, the Union shall not be liable for any damages caused by the violation of this provision. However, the City shall have the right to discipline, to include discharge, any employee who instigates, participates in, or gives leadership to, any work-stoppage activity herein prohibited, and the City shall also have the right to seek full legal redress, including damages, as against any employee.

23. Savings Provision
If any provision of this MOU is held to be contrary to law by a court of competent jurisdiction, such provision will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect.

24. Term
The MOU represents the entire agreement between the City and the Union on subjects contained herein and shall become of full force and effect on July 1, 2022, unless otherwise noted, and shall continue in full force and effect until June 30, 2024, and shall continue from year-to-year thereafter, unless either party hereto gives written notice to the party in the month of April 2024 that it wishes to modify a provision of this MOU. 285
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Stationary Engineers, Local 39
7/1/2022– 6/30/2024

IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by affixing their signatures on the following page.
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7/1/2022– 6/30/2024

Signature Page to Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2022 – 6/30/2024
DATED:

City of West Sacramento
By:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
International Union of Operating Engineers,
Stationary Engineers, Local 39, AFL-CIO
By
Bart Florence, Business Manager/ Secretary
By
Jeff Gladieux, President
By
Brandy Johnson, Director of Public Employees
By
Chung Park, Business Representative
Bargaining Committee

By
Howard McKinley
By
Kaisa Miller
By
Kevin Jones
By
Juan Sanchez
287
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2022– 6/30/2024

Exhibit "A"

REPRESENTED CLASSIFICATIONS
Accounting Technician I/II/III
Chief Facilities Maintenance Worker
Chief Maintenance Worker
Chief Parks & Grounds Worker
Chief Treatment Plant Mechanic
Clerk / Senior Clerk
Electrical Technician
Engineering/GIS Technician
Engineering Technician I/II/III
Equipment Mechanic I/II
Facilities Maintenance Aide
Facilities Maintenance Worker / Senior Facilities Maintenance Worker Groundskeeper
Instrumentation Technician
Maintenance Worker/ Senior Maintenance Worker
Parks & Grounds Worker / Senior Parks & Grounds Worker
Permit Technician I/II
Planning Technician
Recreation Coordinator
Recreation Supervisor I/II
Revenue Supervisor
Secretary
Senior Water Treatment Plant Operator
Special Events Supervisor I/II
Stationary Engineer
Traffic Control & Lighting Technician I/II
Treatment Plant Mechanic I/II
Water Treatment Plant Apprentice
Water Treatment Plant Operator II/III
288
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2022– 6/30/2024

Exhibit "B"

PROVISIONS FOR PERSONNEL AT WATER TREATMENT PLANT
I. Workshift
Water Treatment Plant Operators are generally required to work a 24 hours on; 48 hours off shift.

Other Water Treatment Plant staff work an eight (8) hours per day schedule, but may be required to work a 24 hour shift occasionally during operator holidays, vacations, or sick leave.

The 24 hour shift commences at 7:00 a.m.

The first 16 hours of the 24 hour shift is considered a work shift and paid at the operator’s base hourly rate of pay.

The final 8 hours of the 24 hour shift is considered standby (see Section 12.4) and is not considered as paid work time. If the operator is interrupted by a call to duty during standby, the interruption is counted as time worked and paid at 1-1/2 times the base hourly rate of pay. If the operator cannot get at least five (5) hours of sleep during standby, the entire eight (8) hour standby will be counted as time worked and paid at 1-1/2 times the base hourly rate of pay. The five (5) hours of sleep need not necessarily be five (5) continuous, uninterrupted hours of sleep.

II. Work Schedule
Under the 24 hours on/48 hours off shift schedule, each operator will work a total of 224 hours in a six (6) week period or an average of 74.66 hours every bi-weekly pay period.

Sat Sun Mon Tue Wed Thurs Fri
Wk 1 X Y Z X Y Z X (A)
Wk 2 Y Z X Y Z X Y
Wk 1 Z X Y Z X Y Z (B)
Wk 2 X Y Z X Y Z X
Wk 1 Y Z X Y Z X Y (C)
Wk 2 Z X Y Z X Y Z
Wk 1 X Y Z X Y Z X (D)
Wk 2 Y Z X Y Z X Y
(A) X = 5 shifts x 16 hours = 80 hours / bi-weekly pay period Y = 5 shifts x 16 hours = 80 hours / bi-weekly pay period Z = 4 shifts x 16 hours = 64 hours / bi-weekly pay period (B) X = 5 shifts x 16 hours = 80 hours / bi-weekly pay period 289
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2022– 6/30/2024

Y = 4 shifts x 16 hours = 64 hours / bi-weekly pay period Z = 5 shifts x 16 hours = 80 hours / bi-weekly pay period (C) X = 4 shifts x 16 hours = 64 hours / bi-weekly pay period Y = 5 shifts x 16 hours = 80 hours / bi-weekly pay period Z = 5 shifts x 16 hours = 80 hours / bi-weekly pay period (D) X = 5 shifts x 16 hours = 80 hours / bi-weekly pay period Y = 5 shifts x 16 hours = 80 hours / bi-weekly pay period Z = 4 shifts x 16 hours = 80 hours / bi-weekly pay period

74.66 average work hours per bi-weekly pay period
NOTE: An employee working a traditional 8-5 schedule works 2080 hours in a year. Under the Water Treatment Plant Operator's schedule, an employee works approximately 1946 hours per year.

III. Shift Change
As noted in the work shift section, there are two (2) groups of Water Treatment Plant staff; one group assigned to twenty-four (24) hour shifts and another group assigned to the traditional eight (8) hours per day, forty (40) hours per work week shift. A traditional eight (8) hours per day, forty (40) hours per work week employee may be required to fill in for a twenty-four (24) hour shift employee.

If he/she receives the required two (2) work week notification, all provisions of this document which cover twenty-four (24) hour shift personnel will apply as if that was a normally assigned shift. Notice of shift change shall be in writing and acknowledged by the employee. Should he/she receive less than a two (2) work week notification of shift change, he/she will be treated as a traditional eight (8) hours per day, forty (40) hours per week employee and will receive overtime after the first eight (8) hours of the sixteen (16) hour work shift.

In addition, the employee filling in will be paid for the hours actually worked. If the employee fills in for an operator who is scheduled for a two (2) shift work week (32 hours), he/she must work an additional eight (8) hours during that work week to ensure that he/she is paid for forty (40) hours.
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7/1/2022– 6/30/2024

IV. Payroll Reporting
How to Complete the Electronic Timesheet
Employees at the Water Treatment plant will fill-out their timesheet by coding each day of scheduled work as sixteen (16) hours at Straight-time (3001 REG PAY), and eight (8) hours of standby pay (3040 SHFT DIFF/WATER.) If an employee is scheduled a vacation, they would use the Vacation Code to record vacation used (3410 VACATION USED.) Of course, if an employee calls in sick on a scheduled workday, they would use the Sick Leave used code (3210 SICK SELF.) In order to ensure that overtime is paid for the hours worked over forty (40) per week as part of the regular schedule, the employee must code four (4) hours of [email protected]. (3023 [email protected] Water), in addition to coding the sixteen (16) hours Straight-time. This should be done on the last day of the three (3)-shift week.

Reporting Standby Pay
Use code 3040 – SHFT DIFF/WATER to record standby pay in the electronic timesheet. As stated above, treatment plant operators work a 24-hour shift. Sixteen (16) is considered the regular part of the shift, and eight (8) is considered the standby part of the shift. The eight (8) hours of the standby should be entered into the electronic timesheet as follows:
3001 – REG PAY 16.0
3039 – STANDBY/PW 8.0
Reporting Holidays
A 24-hour shift employee is entitled to ten - 8-hour City holidays per fiscal year, and 4-1/2 days (36 hours) of floating holidays. A 24-hour shift employee who works on any of the holidays listed in Article 12, Section 12.10 of the MOU shall be paid one and one-half (1-1/2) times his/her base rate of pay for the work shift portion (16 hours) of his/her 24-hour shift. Additionally, the operator may retain eight (8) hours of holiday to be taken later in the same fiscal year. In the event the employee does not use the eight (8) hours of holiday prior to the end of the fiscal year, he/she will be paid for the hours at his/her base rate of pay.

An employee who works on a City holiday and wishes to be paid for the retained holiday hours should enter the following into the electronic timesheet:
3001 – REG PAY 16.0
3008 – OT@ST HOLIDAY 8.0
3039 – STANDBY/PW 8.0
3320 – HOLIDAY PAYOFF 8.0
291
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2022– 6/30/2024

An employee who works on a City holiday and wishes to retain the holiday hours to be taken at a later time in the fiscal year should record the electronic timesheet as follows:
3001 – REG PAY 16.0
3008 – OT@ST HOLIDAY 8.0
3039 – STANDBY/PW 8.0
There is no need to code the eight (8) hours holiday for retention purposes. The retained holiday hours will be automatically credited to the employees holiday leave balance.

If an employee’s regular day-off is on a City holiday, and he/she wishes to be paid for the holiday hours, he/she should code his/her electronic timesheet as follows:
3320 – HOLIDAY PAYOFF 8.0
If any employee whose regular day off is on a City holiday, and he/she wishes to retain the holiday hours to be taken at a later time in the fiscal year, he/she need not code his/her electronic timesheet. The retained holiday hours will be automatically credited to the employee’s holiday leave balance and no payroll entry is necessary.

At any time during the fiscal year that an employee wants to be paid for the holiday hours accrued year to date, he/she should code his/her electronic timesheet as follows:
3320 – HOLIDAY PAYOFF # of hours to be paid-off
If a holiday falls on the last shift of a three (3)-shift workweek, an employee must report the last shift (16 hours) in the electronic timesheet as follows:
3001 – REG PAY 16.0
3008 – OT@ST HOLIDAY 8.0
3039 – STANDBY/PW 8.0
3320 – HOLIDAY PAYOFF 8.0
3023 – OT@ST/WTR 4.0
Of course, as above, if an employee wishes to retain the holiday hours, no coding of holiday hours is necessary for the hours to add to employee’s accrued leave balance.

Reporting Shift Hours
Record "shift" hours on the day the shift commences even though the last hour of the shift falls on the following day. For example, "Joe" starts his shift at 7:00 a.m. on Tuesday and completes it at 7:00 a.m. on Wednesday. The one hour of work from 6:00 a.m. to 7:00 a.m. should be 292
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2022– 6/30/2024

recorded with the other fifteen (15) hours on Tuesday. If Wednesday is a holiday, "Joe" will still report the one (1) hour from Wednesday with Tuesday's fifteen (15) hours. "Joe" will not receive the holiday pay rate for the one (1) hour. Conversely, if Tuesday is the holiday, "Joe" will report all sixteen (16) hours as holiday hours worked. He will receive the holiday pay rate for the one (1) hour worked on Wednesday, a non-holiday.

Reporting Overtime Hours
All hours worked beyond forty (40) hours per week, or sixteen (16) hours per shift shall paid at 1-1/2 times the base hourly rate of pay. Overtime can also be accrued as comp time at 1-1/2.

Record overtime or comp time in the electronic timesheet as follows:
3001 – REG PAY 16.0
3014 – [email protected]. # of hours beyond 16. The total hours for the day cannot exceed 24
3039 – STANDBY/PW 8.0
Or to code comp time:
3001 – REG PAY 16.0
3100 – CTO @1.5 # of hours beyond 16. The total hours for the day cannot exceed 24
3039 – STANDBY/PW 8.0
Reporting Vacation, Sick Leave, and CTO
Use the appropriate code to report hours taken as vacation, sick, or CTO. These hours are to replace your regular shift hours.
293
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2022– 6/30/2024

Exhibit "C"
Years of Service
Years of Service will be calculated from the employee’s date of hire with the City of West Sacramento, East Yolo Community Services District, or Washington Water.

Replacement of Social Security Benefits
The parties agree to the following in order to fully replace any and all benefits that were lost to the former East Yolo Community Services District (EYCSD) employees when the City of West Sacramento chose not to participate as active contributors in the Federal Social Security System:

For employees hired prior to January 1, 1987, after all mandatory contributions by both the employer and employee which remain or result from the employee's not participating fully in the Social Security System and the California Public Employee's Retirement System (CalPERS) by the City and the employee, as of December, 1986, the remainder shall be placed into an employee's account in an approved deferred compensation program. While the employer agrees to match the employee's contribution to the deferred compensation plan, its total contribution (together with other obligations, e.g., Medicare, additional CalPERS, etc.) shall not exceed the City's total obligation for combined CalPERS and Social Security contributions on behalf of the employee as of December 1986.

For example: Employee $1,800/mo. gross pay:

December 1986
Employer's Contribution Employee's Contribution
CalPERS* 14.27% $256.86 0.00% $0.00
Medicare 1.45% 26.10 1.45% 26.10
Total 15.72% $282.96 1.45% $26.10
*On gross pay less $133.33 because of coordination of Social Security January 1987
Employer's Contribution Employee's Contribution
CalPERS 14.27% $256.86 0.00% $0.00
Medicare 1.45% 26.10 1.45% 26.10
Sub Total 15.72% $282.96 1.45% 26.10
Trust Fund 4.64% $83.57 5.70% $102.70
Total 20.36% $366.53 7.15% $128.70
Employees who are currently excluded from coverage under Social Security shall have the option to contribute to the deferred compensation plan but such voluntary contributions shall not be matched by employer contributions.

Any obligations arising under this Section shall cease should the employer and subject employees become covered by the Social Security System.
294
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/2019 – 6/30/2022
295

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF WEST SACRAMENTO
AND
STATIONARY ENGINEERS, LOCAL 39
Effective July 1, 201229 through June 30, 20242
296
i

TABLE OF CONTENTS

1.General Provisions ..........................................................................................1

2.City Rights .......................................................................................................1

3.New Classifications .........................................................................................2

4.Union Rights ....................................................................................................2

5.Administration of Compensation......................................................................4

6.Salary Increases..............................................................................................5

7.Probationary Period.........................................................................................6

8.Retirement .......................................................................................................6

9.Health and Welfare Benefits............................................................................6

10.Sick Leave Benefits and Program Incentives ................................................9

11.Safety Equipment and Uniforms....................................................................10

12.Special Pays..................................................................................................11

13.Holidays.........................................................................................................19

14.Vacation.........................................................................................................19

15.Bereavement Leave ......................................................................................20

16.Family Medical Leave, Pregnancy Disability Leave and Paid Family Leave.21

17.Miscellaneous Provisions ..............................................................................21

18.Grievance Procedure and Arbitration ............................................................27

19.Disciplinary Procedure...................................................................................29

20.No Lockout ....................................................................................................33

21.Full Understanding, Modification and Waiver ................................................33

22.Peaceful Performance ...................................................................................33

23.Savings Provision ..........................................................................................34

24.Term ..............................................................................................................34 Signature Page to Memorandum of Understanding ...........................................35 Exhibit "A" ................................................................................................36 Exhibit "B" ................................................................................................37 Exhibit "C"................................................................................................42 297
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7/1/202219– 6/30/20242

1. General Provisions

1.1. Parties to the Agreement
This Memorandum of Understanding (hereinafter MOU) is jointly prepared and executed by representatives of the City of West Sacramento (hereinafter CITY) and Stationary Engineers, Local 39 (hereinafter UNION) for presentation to, and consideration by, the City Council of the City of West Sacramento. It shall not be binding until adopted by the City Council of the City.

1.2. Recognition and Scope
The City hereby recognizes the Union as an exclusive recognized employee organization for purposes of Government Code 3500 et. seq. Such recognition shall extend only to the representation of regular, provisional, limited term and probationary employees occupying classifications as provided in Exhibit "A" attached hereto and incorporated therein and any other new classifications subsequently adopted by the City and approved by the Union.

2. City Rights

2.1. In General
All City rights and functions, except those which are expressly abridged by this agreement, shall remain vested with the City. Nothing in this agreement shall be construed to restrict any legal or inherent exclusive City right with respect to matters of general legislative or managerial policy which include, but are not limited to:
a) To determine the nature and extent of the services to be performed, as well as the right to determine and implement its public function and responsibility; b) To establish, assess and implement employee performance standards, including, but not limited to, quality and quantity standards; the assessment of employee performances; and the procedures for said assessment;
c) To establish, modify, determine or eliminate job classifications and allocate City positions to such classifications;
d) To direct the work force, including the right to hire, assign, promote, demote, or transfer an employee;
e) Require overtime work;
f) To reprimand, suspend, discharge, or otherwise discipline employees; g) To layoff employees from duty for lack of work, lack of funds, or any other reason; 298
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7/1/202219– 6/30/20242

h) To manage facilities and operations of the City including the methods, means, and personnel by which the City operations are to be conducted; i) Take all necessary actions to prepare for and carry out its mission in emergencies; j) To determine the processes, techniques, methods, and means for all operations, including changes, allocation or adjustments of any machinery or equipment; k) To promulgate, modify, and enforce work rules, safety rules, and regulations.

2.2. Employee Grievances Not Impaired
The exercise of the City management rights shall not preclude grievant from presenting a grievance concerning an adverse effect of the exercise of such rights upon him/her; provided, however, the basic right of management to act hereunder or make decisions is unimpaired.

2.3. Consultation with Union
This agreement is not intended to restrict the right of the City to consult with the Union regarding matters within the right of the City to determine nor shall it deny the Union the right to be consulted on the classification or reclassification of positions.

3. New Classifications
The City agrees to provide the Union with copies of proposed classification descriptions of any new position prior to consideration by the City Council. The Union and the City will negotiate over the proposed classification descriptions and the initial salaries.

4. Union Rights

4.1. Union Representation
The City recognizes and agrees to deal with designated stewards and representatives of Union on all matters relating to grievances and the interpretation, application, or enforcement of the express terms of this MOU.

4.2. Shop Stewards
The Union shall designate Shop Stewards and shall thereupon immediately furnish the City with the Steward's name. Notwithstanding Section 4.1 above, the Stewards will not be recognized by the City until his/her name is received by the City Manager or his/her designee.
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Stationary Engineers, Local 39
7/1/202219– 6/30/20242

4.3. Union Security
a) The City shall continue existing payroll deductions for Unit employees who are Members of the Union. The City shall start or stop deductions for dues or union benefit premiums, or both, following receipt of notice from the Union that authorization has been provided to the Union by an employee in the Unit. Should there be a dispute regarding the deduction of dues, the Union shall provide the City with a copy of the authorization(s) signed by the employee. The payments shall be made by authorized payroll deduction.
b) The City shall notify the Union of all newly hired employees and/or employees who move into a position covered by the Union. To the extent known, the City shall provide the following information to the Union: Name, Job Classification, Department, Work Location, Work Phone Number, Personal Home and Cellular Phone Numbers, Work and Personal Email address and Personal mailing address within thirty (30) days of hire and updated information on all employees at least once every one hundred twenty (120) days. It is the Union's obligation to notify all such employees of their rights and obligations under 3502.5 of the California Government Code. However, the City will provide all new employees with membership applications and dues deduction forms upon hire. c) Unless otherwise agreed in advance, Union Business Representatives, or their designees, shall be provided up to thirty (30) minutes to attend the City's regularly scheduled new-employee orientations so that they may provide information about the Union and the labor agreement. The new-employee orientation schedule shall be established by the City. The City shall provide the Union at least ten (10} days advance notice of a new-employee orientation. In cases of emergency staffing the Union may agree to waive the ten (10) day advance notice if requested by the City, provided that the Union retains the right to meet with the new hire(s) within ten (10) days of hire. In the event that a Union Business Representative cannot attend a new-employee orientation, Union Shop Stewards who are designated by the Union Business Representative, shall be granted paid release time to attend the new-employee orientation. Only one (1) shop steward shall be released to attend a new-employee orientation.

4.4. Dues Deduction
a) The City agrees to deduct and remit to the Union all authorized dues deductions and Initiation fees from Union members. The Union shall be responsible for notifying the City the amount of dues and initiation fees to be deducted from Union Members.
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7/1/202219– 6/30/20242

b) The written authorization for approved insurance, benefit, and savings program and the amounts of dues deducted shall be charged by the City upon written request of an affected employee after notification by the Union. c) Dues deduction and initiation fees shall remain in force and effect during the life of this MOU between the City and the Union, unless canceled in writing within a two (2) week period between June 1 and June 15 of any year. d) The City will promptly remit dues and initiation fees deducted to the Union together with a list of the employees who have had said fees deducted.

Deductions of dues will be made each pay period; provided, however, that the City and the Union may make other arrangements by mutual agreement. e) The Union agrees to indemnify, defend, and hold harmless the City against any claims of any nature and lawsuit against the City made or arising from City check-off for dues and initiation fees, insurance, or benefit program of the Union. f) In any case where an employee does not have sufficient funds to provide for payment of authorized dues deductions and/or initiation fees, the Union shall be responsible for collection from the employee.
g) The Union shall submit annual financial reports to the City and unit employees as required by California Government Code 3502.5.

5. Administration of Compensation

5.1. Pay Periods
All salaries shall be paid on a bi-weekly basis. Bi-weekly pay days shall be fixed to occur no later than one (1) week following the completion of the pay period.

5.2. Compensation for Portion of Pay Period
A regular employee who is in pay status for less than a full pay period shall have his pay computed on an hours worked basis.

5.3. Classification Plan

5.3.1 For employees hired as a regular employee prior to August 21, 2019,the first pay period after ratification and approval by the City Council, the salary range consists of five (5) steps (A through E) with approximately five percent (5%) between each step.

5.3.1.1 301
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Stationary Engineers, Local 39
7/1/202219– 6/30/20242

Upon promotion, employees with an original hire date as a regular employee prior to the first pay period after ratification and approval by the City CouncilAugust 21, 2019, will continue to receive five percent (5%) merit increases.

5.3.2 For employees hired as a regular employee after August 21, 2019,on or after the first pay period after ratification and approval by the City Council, the salary range consists of nine (9) steps (A through I) with approximately two-point five percent (2.5%) between each step.

Upon promotion, employees with an original hire date as a regular employee prior to the first pay period after ratification and approval by the City Council, will continue to receive five percent (5%) merit increases.

6. Salary Increases

6.1 Salary Adjustments
All classifications in the bargaining unit shall receive the following:

6.1.1 Effective the first pay period after ratification and approval by the City Council, a general salary increase of three percent (3.0%).

Effective the first pay period after ratification and approval by the City Council, allthe following classifications shall receive an equity adjustment as follows:of one point zero (1.0%).

Retroactivity of 2022 GSI and Equity Adjustments: Effective the first pay period after ratification and approval by the City Council, employees will receive a onetime, non-persable lump sum equivalent payment of the general salary increase and equity adjustments retroactive to pay period inclusive of July 1, 2022.

Accounting Technician I 2.16%
Accounting Technician II 2.77%
Accounting Technician III 1.39%
Chief Maintenance Worker 1.25%
Chief Parks & Grounds Worker 4.52%
Clerk/Senior Clerk 2.59%
Electrical Technician 1.36%
Engineering Technician II 1.28%
Groundskeeper 1.58%
Maintenance Worker 1.25%
Maintenance Worker, Senior 1.25%
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Memorandum of Understanding
Stationary Engineers, Local 39
7/1/202219– 6/30/20242

Parks & Grounds Worker 1.58%
Parks & Grounds Worker, Senior 4.15%
Planning Technician 2.51%
Recreation Coordinator 1.58%
Recreation Supervisor I/II 1.58%
Secretary 2.51%
Water Treatment Plant Operator II 0.64%
Water Treatment Plant Operator III 0.64%

6.1.2 Effective the pay period inclusive of July 1, 20230, a general salary increase of three percent (3%).

Effective the pay period inclusive of July 1, 20230, the followingall classifications shall receive an equity adjustment of one point zero percent (1.0%)as follows:.

Accounting Technician I 2.16%
Accounting Technician II 2.77%
Accounting Technician III 1.39%
Chief Maintenance Worker 1.25%
Chief Parks & Grounds Worker 4.52%
Clerk/Senior Clerk 2.59%
Electrical Technician 1.36%
Engineering Technician II 1.28%
Groundskeeper 1.58%
Maintenance Worker 1.25%
Maintenance Worker, Senior 1.25%
Parks & Grounds Worker 1.58%
Parks & Grounds Worker, Senior 4.15%
Planning Technician 2.51%
Recreation Coordinator 1.58%
Recreation Supervisor I/II 1.58%
Secretary 2.51%
Water Treatment Plant Operator II 0.64%
Water Treatment Plant Operator III 0.64%

6.1.3 Effective the pay period inclusive of July 1, 2021, a general salary increase of three percent (3%).

6.1.34 Equity adjustment shall precede general salary increases. 303
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Stationary Engineers, Local 39
7/1/202219– 6/30/20242

6.2 Signing & Retention Bonus Pay
Effective the first payroll period after ratification and approval by the City Council, employees hired on or before July 1, 202219, will receive a one-time, non-PERSable signing bonus of six hundred and ninety dollars ($690)two thousand three hundred dollars ($2,300).

Effective the pay period inclusive of July 1, 2023, all employees will receive a one-time non-persable lump sum retention payment in the amount of two thousand three hundred dollars ($2,300).

7. Probationary Period
Employees shall have a six (6) month probationary period. This probationary period may be continued up to an additional six (6) months.

8. Retirement
a) The retirement program with CalPERS for employees hired before February 11, 2012, shall include the 2.5% @ 55 formula, highest thirty-six (36) months for final compensation determination, 3rd level of the 1959 Survivor Benefit, Military Service Credit as Public Service and the Unused Sick Leave Credit option. The employee shall be responsible for the entire eight percent (8%) of the employee’s CalPERS contribution on a pre-tax basis.
b) The retirement program with CalPERS for employees hired on or after February 11, 2012, shall include the 2% @ 60 formula, highest thirty-six (36) months for final compensation determination, 3rd level of the 1959 Survivor Benefit, Military Service Credit as Public Service and the Unused Sick Leave Credit option. The employee shall be responsible for the entire seven percent (7%) of the employee’s CalPERS contribution on a pre-tax basis.
c) The retirement program with CalPERS for employees hired on or after January 1, 2013 and who are new CalPERS members, shall include the 2% @ 62 formula in accordance with the Public Employees’ Pension Reform Act of 2013 (PEPRA) and includes highest thirty-six (36) months for final compensation determination and Unused Sick Leave Credit. The employee shall be responsible for the contribution rate of fifty percent (50%) of the total normal cost rate of the employee’s CalPERS contribution on a pre-tax basis.
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Stationary Engineers, Local 39
7/1/202219– 6/30/20242

9. Health and Welfare Benefits

9.1. Active Employees
An eligible unit employee may select group medical and dental insurance offered by the City, subject to reasonable and customary participation limitations. The plan shall entitle the employee and his/her dependents to group hospital, medical, and prescription drug benefits according to the plan's design and limitations.

9.1.1. Medical, Dental and Vision Insurance
The cafeteria plan amount for health benefits (medical, dental and vision) for employee only shall either be equal to one hundred percent (100%) of the cost of the Kaiser plan for employee only and one hundred percent (100%) of the cost of employee only dental and vision or equal to $865, whichever is greater; for employee plus one, the cafeteria plan amount shall either be equal to eighty percent (80%) of the Kaiser plan for employee plus one and eighty percent (80%) of the cost of employee plus one dental and vision or equal to $1255, whichever is greater; and for employee plus two or more, the cafeteria plan amount shall either be equal to eighty percent (80%) of the costs of employee plus two or more and eighty percent (80%) of the cost of employee plus two or more dental and vision or equal to $1625, whichever is greater. In no event shall any of the cafeteria plan contributions exceed 100% of the selected plan premium cost.

9.1.2. Share the Savings
Employees hired prior to the first pay period after ratification and approval by the City Council, who opt out of the City's medical plans and show proof of enrollment in another group medical plan shall receive four hundred dollars ($400) per month plus City paid dental/vision up to the family rate depending on coverage selected. This shall be referred to as "Share the Savings."
Employees hired on or after the first pay period after ratification and approval by the City Council, who participate in Share the Savings will receive four hundred dollars ($400) plus City paid dental/vision at the Employee Only rate. Employees may purchase dental/vision coverage up to the family rate with the Share the Savings funds.

9.1.3 Alternative Health Programs
The City reserves the right to offer alternative health programs to any employee, or to provide the existing coverages through other carriers, so long as no additional cost accrues to the employee. The City will consult with the Union prior to making any changes under this section.

9.2. Retired Employees
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7/1/202219– 6/30/20242

9.2.1 Employees first hired before the first pay period after ratification and approval by the City Council
The City agrees to pay for medical and dental premiums for retirees pursuant to the following schedule:
10-14 years of service: $50 + 25% of the premiums
15-19 years of service: $75 + 30% of the premiums
20 or more years of service: $100 + 50% of the premiums In all cases, this benefit is not to exceed seventy-five percent (75%) of the total premium or seven-hundred fifty dollars ($750.00) per month, whichever is less.

Additionally, retirees would be subject to the rules and regulations promulgated by the plan administrator as it relates to retirees.

9.2.2 Employees first hired on or after the first pay period after ratification and approval by the City Council
For new employees first hired on or after the first pay period after ratification and approval by the City Council, the City’s maximum monthly medical contribution for each eligible retiree shall be equal to the minimum employer contribution required for active employees pursuant to the Public Employees Medical and Hospital Care Act (PEMHCA). Rehired employees will fall under the medical retirement tier based on original date of hire.

The following contributions shall be made to the employees Retiree Health Savings Account (RHS). After accruing ten (10) continuous years of service with the City, and upon separation from the City, employees may draw from the City contribution in this account. Employees who terminate City service for reasons other than retirement or layoff prior to ten (10) years of continuous service with the City will forfeit any City contribution.
 From zero (0) to five (5) years of service, employees shall receive twenty-five ($25) per month in to be deposited to the employee’s RHS account.  After completion of five (5) years of continuous service with the City, employees shall receive one hundred dollars ($100.00) per month to be deposited into their RHS account.
 After completion of ten (10) years of continuous service with the City, employees shall receive one hundred and fifty dollars ($150.00) per month to be deposited into their RHS account.
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7/1/202219– 6/30/20242

 After completion of twenty (20) years of continuous service with the City, employees shall receive two hundred dollars ($200.00) per month to be deposited into their RHS account.

9.2.3 Rehired employees
Rehired employees will fall under the medical retirement tier based on original date of hire as a regular employee.

9.3. Life Insurance
The City shall provide a $20,000 term life insurance policy for employees, and a $1,000 policy per dependent, at no cost to the employee.

9.4. Long-Term Disability Insurance
The City shall provide a long-term disability insurance plan to unit members. The City will pay the premiums.

10. Sick Leave Benefits and Program Incentives

10.1. Philosophy
Sick leave is acknowledged to be an insurance type benefit, which shall only be used as specified below when a sufficient sick leave balance is available. Misuse or abuse of sick leave by an individual may result in its use being denied and disciplinary action taken against the employee.

10.2. Sick Leave Accrual
Each employee shall accrue sick leave at the rate of eight (8) hours per month. Regular, part-time employees shall accrue sick leave on a pro-rated basis equivalent to the fraction of an FTE position authorized by the City Council. (For example, .5 FTE, .75 FTE, .8 FTE, etc.).

10.3. Sick Leave
Sick leave is defined as the absence from duty by an employee because of:

His/her own illness or injury or exposure to a contagious disease which incapacitates such employee from his or her duties;
His/her own medical or dental appointment(s); or
He/she must care for a member of his or her family because of illness, injury or exposure to a contagious disease and when the care of such employee is definitely required, or for his/her family member’s medical or dental appointments. 307
Memorandum of Understanding
Stationary Engineers, Local 39
7/1/202219– 6/30/20242

As used in this subsection, "family" means husband, wife, domestic partner, child, brother, sister, parents, grandparents or spouse's parents, brother, sister or grandparents. “Child” is defined as a biological, foster, or adopted child, a stepchild, a legal ward or a child of a person standing “in loco parentis” (refers to a person who has put him/herself in the situation of a lawful parent by assuming the obligations incident to the parental relation without going through the formalities necessary to legal adoption).

The City Manager or his/her designee may request a doctor's certificate as proof of necessity for absences in order for sick leave to be granted.

10.4. Sick Leave Payoff
Upon termination of any employee eligible to accumulate sick leave credits for reason of layoff, retirement or death, such employee (or those entitled by law to the possession of the estate of a deceased employee) shall receive payment for fifty percent (50%) of the total sick leave credits accumulated by the employee. Employees who retire have the option to choose between a cash-out of up to fifty percent (50%) of their unused sick leave, with the remaining amount reported to CalPERS OR in lieu of any cash-out, the reporting of one-hundred percent (100%) of their unused sick leave to CalPERS. No employee whose services are terminated by reason of discharge for cause or by reason of resignation shall be eligible for payment of any portion of accumulated sick leave credits.

11. Safety Equipment and Uniforms

11.1. Safety Equipment
For employees listed in the classifications below, and other new classifications deemed appropriate by the City and agreed to by the Union, the City will provide and replace as needed ANSI approved safety shoes, up to three hundred and fifty dollars ($210350) per pair, limited to two pairs annually. In the event of unusual and excessive wear and tear, and employee may be reimbursed for an additional pair at the discretion of the department head and/or designee. Employees requiring prescription safety glasses will follow the procedure in Public Works Standard Operating Procedure (SOP) No. ADM-4A:
 Electrical Technician
 Equipment Mechanic Series
 Facilities Maintenance Worker Series
 Groundskeeper
 Instrumentation Technician
 Maintenance Worker Series
 Parks & Grounds Worker Series
 Stationary Engineer
 Traffic Control & Lighting Technician Series
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 Treatment Plant Mechanic Series
 Water Treatment Plant Operator Series
The City reserves the right to establish a common provider. City will attempt to find sufficient provider(s) so that employees will have an adequate selection in convenient locations.

11.2. Uniforms
Any employee required to wear a uniform will be provided with same or compensated accordingly. The level of compensation for acquisition and maintenance will be that which is mutually agreed upon by the City and the Union as determined by the uniform required and the associated wear and tear. Uniforms shall consist of pants, shirt, jacket, and such other articles of clothing or accessories as are selected, furnished, and maintained by the City at its expense. Foul weather gear, such as hip boots, slickers, rainsuits, and work gloves shall also be furnished by the City when needed. Uniforms shall be worn by such employees as determined by the City.

12. Special Pays

12.1. Overtime
Employees shall be compensated only for overtime work approved by the department head or his/her designated representative. Employees required to work in excess of the normal work day or work week shall be compensated for such overtime with pay at one and one-half (1-1/2) the hourly equivalent of the employee's monthly base salary multiplied by the number of overtime hours worked. The definition of a “normal” workday is eight (8) hours and the definition of a “normal” workweek is forty (40) hours.

Employees in the classification of Recreation Supervisor I/II or Recreation Coordinator are eligible for daily overtime after ten (10) hours of work per day. Authorized overtime may be compensated by compensatory time off, at the above rate if agreeable to the City and employee; otherwise compensation shall be paid at the overtime rate. Absence with pay shall be counted as time worked, except that an employee taking unscheduled sick leave shall not receive premium overtime compensation until he/she has actually worked eight (8) hours in any day. Applications of this rule shall be only to the day that unscheduled sick leave is taken, however, time worked in excess of eight (8) hours in a day shall not be counted in determining whether an employee has worked in excess of his/her normal work week.

12.1.1  Ten (10) hours for employees in the classification of Recreation Supervisor I/II, and Recreation Coordinator.
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At any time during the calendar year in which it is earned, prior to the last pay date of the calendar year, an employee may request in writing that a portion or all of the compensatory time off accrued be paid on the earliest possible payday. The payment is subject to the approval of the Department Head or designee, as appropriate. An employee may only use or cash out compensatory time off during the calendar year in which it is earned. All accrued and unused compensatory time off balances will be cashed out on the last pay date of each calendar year so that the employee’s compensatory time off account is reduced to a zero balance. No unused compensatory time off hours may be carried over to a subsequent calendar year. No compensatory time off can be elected for overtime worked during the last pay period of the calendar year.

12.2. Overtime Distribution
Overtime will be assigned to individuals possessing necessary skills and/or availability as determined by management in its sole discretion. If more than one individual possesses the necessary skills and/or availability, the City shall make a reasonable effort to distribute overtime on an equitable basis.

12.3. Scheduled Overtime
An employee who is assigned to work scheduled overtime shall receive compensation at the premium rate for the actual time worked.

12.4. Standby

12.4.1 Any employee required to be available for standby duty shall be paid two dollars and seventy-five cents ($2.75) for each assigned hour of such duty in which the employee is not in any other pay status upon adoption of this MOU by the City Council. This section applies to the “sleep time” for Water Treatment Plant Operators and will not exceed eight (8) hours per shift for this classification.

12.4.2 Any employee who is on standby only during the observed holidays listed below shall retain four (4) holiday hours, in addition to standby. If an employee is called into work per Section 12.5 Callback, the employee may also retain the holiday hours actually worked over four (4) hours, up to a maximum of eight (8) holiday hours retained. • New Year's Day (January 1)
• Independence Day (July 4)
• Thanksgiving Day (Last Thursday in November)
• Christmas Day (December 25)
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12.4.2.1 Holiday hours are to be taken at a later date within the same fiscal year. Holiday hours not taken within the fiscal year when earned will be paid to the employee following the end of the current fiscal year.

12.4.3 If an employee is assigned to standby and receives telephone contacts, and is engaged in a problem solving resolution which exceeds fifteen (15) minutes, the employee shall receive the two (2) hour minimum call back pay, or actual time worked, whichever is greater. Employees shall make a reasonable effort to obtain approval from his/her supervisor prior to engaging in the problem solving. The City recognizes that there may be times when prior approval may not be possible due to supervisor availability and/or calls of an emergent nature. In such instances, employees may engage in telephonic problem solving without obtaining prior approval from his/her supervisor. Additional calls within the two (2) hour period are covered under that minimum time.

12.5. Call Back
An employee who has completed his/her regular shift and has left the City premises and then is called back to work from his/her home shall receive a minimum of two (2) hours pay at the overtime rate of time and one-half. Provided, however, that this shall not apply to an employee who is receiving standby pay and can respond from home in order to complete the work.

Any employee who is called back to only on the observed holidays listed below shall retain the holiday hours actually worked, not to exceed eight (8) hours. Holidays hours are to be taken at a later date within the same fiscal year. Holiday hours not taken within the fiscal year when earned will be paid to the employee following the end of the current fiscal year.
• New Year's Day (January 1)
• Independence Day (July 4)
• Thanksgiving Day (Last Thursday in November)
• Christmas Day (December 25)

12.6. Acting Supervisor Differential
An employee designated to act for a full day in the place of a supervisor shall receive an extra five percent (5%) of his/her base salary as additional compensation, commencing with the first hour after accumulating three (3) working days in the acting supervisory position in any calendar year.

12.7. Night Shift Differential
An employee shall receive a night shift differential of five percent (5%) of his/her base salary as additional compensation if more than one-half (1/2) of his/her scheduled work 311
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period is before 7:00 a.m. or after 6:00 p.m. This does not apply to Water Treatment Plant Operators who are on a twenty-four (24) hour shift.

12.8. Meal Allowance
For employees who work ten (10) or more continuous hours per day, the City will provide eighteennine dollars ($189.00) meal allowance. An additional meal allowance of nineeighteen dollars ($189.00) will be paid to employees who have been at the work site fifteen (15) hours or more if the City has not been able to provide the employee with a meal at the job site. Employees who work twenty-four (24) hour shifts are not eligible for the meal allowance provision unless they are required to work continuously beyond their shift. These employees will be eligible for meal allowance, according to the schedule described in this section, during the second twenty-four (24) hour shift.

12.9. Special Recognition
Employees hired prior to the first pay period after ratification and approval by the City Council who have completed five (5) years with the City based on their original hire date as a regular employee will receive sixty dollars ($60) per month in Special Recognition Pay.

Employees hired on or after the first pay period after ratification and approval by the City Council who have completed ten (10) years with the City with based on their original hire date as a regular employee will receive an amount equal to sixty dollars ($60) per month in Special Recognition Pay.

12.10. Holiday Pay
If an employee is required to work on a day being observed as a City holiday, the employee shall be paid overtime compensation at one and one-half (1-1/2) times the employee's regular rate of pay plus retain the holiday hours, to be taken at a later date within the same fiscal year. Holiday hours not taken within the fiscal year when earned will be paid to the employee following the end of the current fiscal year.

If an employee is required to work on any of the holidays listed below and the holiday falls on a Saturday or Sunday, the employee shall be paid overtime compensation at one and one-half (1-1/2) times the employee's regular rate of pay. If that employee also works on the observed holiday (Friday before or Monday after the actual holiday), the employee will not be eligible for overtime compensation for the hours worked on the observed holiday, but will retain the holiday hours to be taken at a later date within the same fiscal year
 New Year's Day (January 1)
 Independence Day (July 4)
 Veteran's Day (November 11)
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 Christmas Day (December 25)
When any of the above holidays falls during a paid leave period, employees will receive pay for the holiday in lieu of being charged with the appropriate leave time. If the holiday falls during an unpaid leave period, the employee will not receive holiday pay.

12.11. Bilingual Pay
Premium pay of five percent (5%) shall be provided to employees possessing and utilizing bilingual skills on duty. The number of individuals to receive this pay, the languages eligible, and qualification requirements shall be determined by the City. The standard to be used for eligibility shall be conversational competency.

12.12. Court Time Pay
Off-duty court time for City related matters shall be paid at the rate of one and one-half (1-1/2) times the employee's regular rate of pay with a minimum pay equivalent to three (3) hours worked at the overtime rate. Any off duty time required to appear in court in excess of the three (3) hours in one day shall be compensated at the overtime rate.

12.13. Educational Incentive Program
The City encourages employees to go beyond the minimum job requirements in education and training.

An employee may receive incentive pay for college units and certifications as long as the units were earned independently. That is, units obtained to achieve required certificates are not eligible towards the unit count for educational incentives. Eligible employees shall receive one of the above incentives but not both.

12.13.1. Pay for College Units
Employees with sixty (60) or more college semester units or the equivalent quarter units shall receive an additional seventy-five dollars ($75) per month; Employees with ninety (90) or more college semester units or the equivalent quarter units shall receive an additional one-hundred twenty dollars ($120) per month.

Units obtained to achieve required certificates are not eligible towards the unit count for educational incentives. Eligible employees shall receive one of the above incentives but not both.

12.13.2. Pay for Certificates
Employees eligible for incentive pay for certificates shall receive only one of the certificate incentives unless otherwise noted.

12.13.3. Employees in the classifications listed below shall receive the following:
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Water Treatment Plant Operator Apprentice:
 An additional one percent (1%) per month for a Grade T2 Water Treatment Operator’s Certificate;
Water Treatment Plant Operator II:
 An additional one and one-half percent (1.5%) per month for a Grade T3 Water Treatment Operator’s Certificate;
 An additional one and three-quarter percent (1.75%) per month for a Grade T4 Water Treatment Operator’s Certificate
 An additional one and one-half percent (1.5%) per month for a Grade D3 Water Distribution Certificate issued by the State of California Department of Health Services.
 An additional two percent (2%) per month for a Grade D4 Water Distribution Certificate issued by the State of California Department of Health Services.

An additional one percent (1%) per month for a Grade D2 Water Distribution Operator's Certificate

Water Treatment Plant Operator III:
 An additional one and three-quarter percent (1.75%) per month for a Grade T4 Water Treatment Operator’s Certificate;
 An additional two percent (2%) for a Grade T5 Water Treatment Operator’s Certificate
 An additional two percent (2%) per month for a Grade D4 Water Distribution Certificate issued by the State of California Department of Health Services.  An additional one percent (1%) per month for a Grade D2 Water Distribution Operator's Certificate
Water Treatment Plant Operator IVSenior Water Treatment Plant Operator:
 An additional two percent (2%) per month for a Grade T5 Water Treatment Operator’s Certificate.
 An additional two percent (2%) per month for a Grade D4 Water Distribution Certificate issued by the State of California Department of Health Services.

Employees in the Water Treatment Plant Operator classification series may receive one Treatment and one Distribution certificate incentives concurrently. 314
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Water Treatment Plant Operator Apprentice – SeniorIV
• • An additional two percent (2%) for a Laboratory Analyst/Water Quality Analyst Certificate Grade I
• • Water Treatment Plant Operator Apprentice - SeniorIV shall be eligible to receive certificate incentives concurrently. The total number of employees who receive the Laboratory Analyst/Water Quality Analyst Certificate Grade I incentive is limited to one (1) employee at any given time.  Employees in the Water Treatment Plant Operator classification series may receive one Treatment and one Distribution certificate incentives concurrently.

Treatment Plant Mechanic I/II/Chief:
 An additional one percent (1%) per month for a Grade D2 Water Distribution Operator's Certificate.

Maintenance Worker/Senior:
 An additional on-half percent (0.5%) per month for a Grade D1 Water Distribution Certificate issued by the State of California Department of Health Services.
 An additional one percent (1%) per month for a Grade D2 Water Distribution Certificate issued by the State of California Department of Health Services.  An additional one and one-half percent (1.5%) per month for a Grade D3 Water Distribution Certificate issued by the State of California Department of Health Services.
 An additional one percent (1%) per month for a Grade II CWEA Collection System Maintenance Certification for the duration an employee is assigned to perform sewer collection duties. The Director of Public Works/designee will assign such duties and determine the number of employees receiving this assignment at his/her sole discretion.
 An additional one-half percent (0.5%) per month for either a Spray Applicator Certification or a pest Applicator License.
 A Maintenance Worker/Senior shall be eligible to receive one of the water distribution certificate incentives, the collections system maintenance certificate incentive (if assigned as indicated in bullet #4 above) and the Spray Applicator Certificate or a Pest Applicator license incentive concurrently.

Chief Maintenance Worker:
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 An additional two percent (2%) per month for a Grade D4 Water Distribution Certificate issued by the State of California Department of Health Services.  An additional one-half percent (0.5%) per month for either a Spray Applicator Certificate or a Pest Applicator License.
 A Chief Maintenance Worker shall be eligible to receive one of the water distribution certificate incentives and the Spray Applicator Certificate or a Pest Applicator License concurrently.

Groundskeeper and Parks and Grounds Worker/Senior:
 An additional one-half percent (0.5%) per month for either a Spray Applicator Certificate or a Pest Applicator License (.5% maximum).  An additional one and one-quarter percent (1.25%) per month upon possession of an Arborist Certificate.

Recreation Coordinator and Recreation Supervisor I/II:
 An additional one-half percent (0.5%) per month for a Certified Park and Recreation Professional Certification.
 An additional one percent (1%) per month for a Certified Pool Operator Certification (CPO) or Aquatics Facilities Operator Certification.  Recreation Coordinator and Recreation Supervisor I/II shall be eligible to receive both certificate incentives concurrently, provided that the total number of employees who receive the Certified Pool Operator (CPO) or Aquatics Facilities Operator Certification is limited to two (2) employees at any given time.

Electrical Technician:
 An additional two percent (2%) per month for becoming a Certified General Electrician by the California Department of Industrial Relations.

Facilities Maintenance Worker/Aide/Senior/Chief:
 An additional one percent (1%) per month for Certified Pool Operator Certification (CPO) or Aquatics Facilities Operator Certification.  An additional two percent (2%) per month for Certificate of Completion of coursework in mechanical-electrical technology from an accredited college or university.
 Employees in the Facilities Maintenance classification series shall be eligible to receive one of the pool or aquatics incentives and the mechanicalelectrical technology certificate concurrently. 316
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Equipment Mechanic classification series:
 An additional one-half percent (0.5%) per month as a certification incentive for any ASE certification. This amount is limited to one-half percent (0.5%) per month regardless of the number of certifications.

12.14. Backflow/Cross Connection Control Assignment
An employee who is certified to perform and is assigned to perform Backflow Prevention/Cross Connection Control duties by the Director of Public Works shall receive an additional five percent (5%) footnote to his/her salary during the term of his/her assignment. The Director of Public Works will assign such duties and determine the number of employees receiving this assignment at his/her sole discretion.

The Director of Public Works or his/her designee will determine if the back-up employee is needed to perform Backflow/Cross Connection Control duties. If it is determined that the employee is needed, the employee will be paid a five percent (5%) footnote for only those hours performing the assigned Backflow/Cross Connection Control duties.

12.15. Class A Commercial License
Employees in the classification of Chief Maintenance Worker, Senior Maintenance Worker, Chief Treatment Plant Mechanic, Treatment Plant Mechanic II and Equipment Mechanic II shall receive an additional five percent (5%) of base salary upon obtaining and maintaining a valid California Class A Commercial driver’s license.

Employees hired on or after January 1, 2017, in the classifications of Chief Maintenance Worker, Senior Maintenance Worker, and Equipment Mechanic II shall be required to obtain and maintain a valid California Class A Commercial driver’s license within one (1) year of appointment.

Employees hired on or after July 20, 2018, in the classifications of Chief Treatment Plant Mechanic and Treatment Plant Mechanic II shall be required to obtain and maintain a valid Class A Commercial driver's license within one ( 1) year of appointment.

13. Holidays
Employees shall be entitled to paid holiday leave for the following days:
 New Year's Day (January 1);
 Martin Luther King's Birthday (Third Monday in January);  Presidents' Day (Third Monday in February);
 Memorial Day (Last Monday in May);
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 Independence Day (July 4);
 Labor Day (First Monday in September);
 Veterans' Day (November 11);
 Thanksgiving Day (Last Thursday in November);
 Day after Thanksgiving Day (Last Friday in November);  Christmas Day (December 25).

When any of the above holidays fall on a Sunday, the Monday following shall be observed as a holiday. When any of the above holidays fall on a Saturday, the preceding Friday shall be observed as the holiday. (See Section 12.10 for compensation for work on City holidays.)
Employees shall be entitled to four and one-half (4-1/2) floating holidays per fiscal year.

Management shall make every effort to allow up to one-half (1/2) of the employees to take four (4) hours of paid leave time on Christmas Eve and one-half (1/2) of the employees to take four (4) hours of paid time on New Year’s Eve with each department, if that is the desire of the employees.

Regular, part-time employees shall be entitled to paid holidays on a pro-rated basis equivalent to the fraction of an FTE position authorized by the City Council. (For example, .5 FTE, .75 FTE, .8 FTE, etc.)

14. Vacation

14.1. Vacation Accrual
Employees accrue vacation as follows:
1-5 years of service: 10 days
6-10 years of service: 15 days
11-20 years of service: 20 days
20 + years of service: 25 days
A maximum of two-hundred forty (240) hours of unused, vested time may be accumulated by an employee. The maximum shall increase to three-hundred (300) hours for those employees with twenty (20) or more years of service.

Vacation leave accrual for regular, part-time employees shall be applied on a pro-rated equivalent to the fraction of an FTE position authorized by the City Council. (For example, .5 FTE, .75 FTE, .8 FTE, etc.)
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Upon leaving City employment, an employee shall be paid the monetary value of his/her vested vacation. Such monetary value shall be calculated based on the employee’s rate of pay at the time of leaving employment.

14.2. Vacation Scheduling
Department heads shall have the full responsibility and discretion for setting vacation periods for all employees under their supervision. Department heads will make every reasonable effort to ensure that employees will be allowed to take vacation in the amount of time equivalent to that earned in the fiscal year.

In setting vacation schedules, the department head or his/her designee shall consider the desires of the employees and the need to maintain an efficient operation of the department. The department head or his/her designee shall also be aware and consider the maximum vacation accrual allowed.

14.3. Vacation Buy Back

14.3.1 Employees with a maximum accrual of two-hundred forty (240) hours may sell back a maximum of twenty (20) hours per calendar year. Employees must maintain a minimum vacation accrual balance of two-hundred (200) hours after the twenty (20) hours have been sold back.

14.3.2 Employees with a maximum accrual of three-hundred (300) hours may sell back a maximum of forty (40) hours per calendar year. Employees must maintain a minimum vacation accrual balance of two-hundred forty (240) hours after the forty (40) hours have been sold back.

14.3.3 Eligible employees electing to cash out vacation hours may do so by completing the process implemented by Human Resources no later than December for the next calendar year. The decision by an employee to cash out vacation hours is irrevocable. 319
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15. Bereavement Leave
See Personnel Rules
When a death occurs in an employee’s immediate family, the City will provide time off, with pay, up to a maximum of four (4) days. An additional six (6) days may be granted by the Department Head in his/her discretion, depending upon the circumstances; however, this additional time shall be charged against vacation, floating holiday, or sick leave, or taken without pay if no leave time exists. Members of the immediate family are parent, stepparents, husband, wife, domestic partner, children (including step-children and foster children), brother, sister, mother-in-law, father-in-law, daughter-in-law and son-in-law.

In case of the death of other close relatives, including the employee’s brother-in-law, sister-in-law, step-brothers, step-sisters, aunts, uncles, grandparents or grandchildren, the employee shall be allowed time off with pay, up to a maximum of two (2) days. An additional three (3) days may be granted by the Department Head in his/her discretion, depending upon the circumstances; however, this additional time shall be charged against vacation, floating holiday, or sick leave, or taken without pay if no leave time exists.

16. Family Medical Leave, Pregnancy Disability Leave and Paid Family Leave See Personnel Rules

17. Miscellaneous Provisions

17.1. Tuition Reimbursement and Training

17.1.1 Tuition Reimbursement
The provision for tuition reimbursement is applicable for job-related courses taken at accredited post-secondary institutions or business or trade schools. Course attendance is on the employee’s own time.

For budget and planning purposes, the department head may formally request unit members to provide educational plans and associated costs of tuition and books for an upcoming fiscal year. This enables the department to advise Human Resources so it may plan its budget for the subsequent fiscal year. The City will provide up to one-thousand, five-hundred dollars ($1,500) per fiscal year for tuition reimbursement for approved job related courses, including books, with the following conditions. The employee must provide verification that she/he has completed the approved course work with a grade of “C” or better or achieved a “pass” grade in a pass/fail course. The employee shall request approval of the department head in advance.
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An employee who has not followed the process established for the department is not assured of obtaining reimbursement for courses taken. A request may be submitted, but will not be considered for payment until the end of the fiscal year after all other planned requests have been approved and paid. Depending upon the amount remaining, unplanned requests will be paid from unexpended tuition reimbursement funds until they are exhausted.

Funds for tuition reimbursement will be budgeted by Human Resources each year for a subsequent fiscal year. Unit members must submit requests by the deadline established by the department. Tuition requests are subject to approval by the department head.

Since some tuition may not be known at the time the department requests funds, the department will build in a cushion for unanticipated tuition.

17.1.2 Training
“Training” includes job-related workshops, conferences or courses not specifically leading towards a college degree or professional certificate program or business/trade school completion certificate. Courses leading towards job related state or professional association certificates are allowable training activities and fall under the guidelines specified in this section.

Funds for employee training activities will be budgeted by departments each year for the subsequent fiscal year. Unit members must submit requests by the deadline established by the department. Training requests are subject to approval by the department head.

Approved requests will be incorporated into the department’s training budget, as well as department mandated training activities. Since some training activities may not be known at the time the department requests funds, the department will build in a cushion for unanticipated training activities.

In the case of department training, the department will pay for course fees, cost of related certificate, transportation, hotel accommodations and meals in accordance with Administrative Policy IV-B-4, Travel Reimbursement. Training activities for the maintenance of current job required certificates or licenses will be determined by and budgeted by the department.

If an employee requests and the department approves training, including training that will prepare the employee to obtain a job related certificate or license not required of the current job, the department will pay for course fees, cost of the certificate, transportation, hotel accommodations and meals in accordance with Administrative Policy IV-B-4, Travel Reimbursement. Time spent in the training session will be counted as time worked.
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This section shall only be applicable to Local 39 members who have previously requested and been granted reimbursement. Section 17.1.1 Tuition Reimbursement shall sunset at the time of expiration of the current MOU.
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17.2. Mileage and Travel Allowance
Subject to prior approval of the department head or his/her designee:
a) An employee directed to utilize his/her personal vehicle in the conduct of authorized City business shall be entitled to reimbursement at a rate equal to that allowed by the Internal Revenue Service. Claims for mileage reimbursement must be accompanied by accounting of eligible miles traveled as registered by beginning and ending odometer readings, less miles traveled for personal reasons. b) An employee shall be entitled to reimbursement for actual costs of travel by commercial carrier in connection with authorized City business, when substantiated by receipt showing payment for such travel. c) An employee shall be entitled to reimbursement for necessary costs of lodging, meals, registration fees, parking fees, bridge and highway tolls, taxi services and multi-passenger vehicles in the conduct of authorized City business. Claims for such reimbursement must be accompanied by receipt showing payment.

17.3. Light/Limited Duty
When, due to injury or illness, whether or not the injury or illness is work related, an employee is unable to perform his/her usual duties, the employee may work in a light/limited duty capacity if such work is available in the City, as determined by the department head in his/her sole discretion.

An employee may work light/limited duty only upon authorization of the employee's attending physician, and only to the extent that the employee's illness or injury is not further aggravated by working in this capacity nor is a hazard created for other employees.

If light/limited duty is available, and the employee is cleared by an attending physician to perform such work, he/she shall accept light/limited duty. As much as possible, every reasonable effort will be made to allow the employee to work light/limited duty on the same shift to which he/she is assigned for up to a period of one (1) week. Following the one (1) week period, light/limited duty assignments will be made in accordance with the best interests of the department.

17.4. Safety
All employees covered by this MOU will comply with all Federal (OSHA) and State (CalOSHA), and City safety policies and directives.
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The City shall provide all employees with safety training pertinent to the employee's assignments and the appropriate safety equipment.

17.5. Safety Committee
The City shall maintain a City-wide Safety Committee that meets on a regular basis with the goal being to meet once a month. The Committee will have representatives from all departments. Local 39 may appoint three (3) members to serve on the Committee.

17.6. Personnel File
Employees may request removal of adverse/derogatory materials from their personnel files. The City Manager or his/her designee may approve such requests in his/her sole discretion.

The City agrees that informal letters of counseling, informal reprimands, and similar documents will not be placed in an employee’s personnel file but may be placed in a supervisory or department file. These documents will be removed within one (1) year if the employee has not been served with a formal discipline on the same or similar subject during that time period.

Formal letters of reprimand will be removed from an employee’s personnel file within two (2) years of occurrence, provided no further disciple on the same or similar subject has been served on the employee within that time period.

17.7. Training
The City recognizes the value of continued training in obtaining the goals of professionalism and reducing liability to the City and will make every effort to provide training to employees in the bargaining unit.

17.8. Flex Time / Alternative Work Schedules
The City and Union acknowledge the benefits of flexible/alternative work schedules when they meet the needs of both the City and employees. Employees and/or the Union may propose in writing alternative/flexible schedules to the employee’s supervisor/City. The supervisor/City shall consider such proposals and may approve or deny them in its sole discretion. When an alternate/flexible schedule is approved by the supervisor/City the approved schedule shall be attached to the required Human Resources form for processing. All schedule changes shall begin at the start of a new payroll period. The City may discontinue alternative/flexible schedules and return employees to their regular work schedules at its sole discretion, provided, however, the notice is given to employees pursuant to section 17.14 of this Agreement.

17.9. Automatic Deposit
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The City will continue to offer automatic payroll deposit to employees. Should the City terminate this program for any reason, the City will meet with the Union to discuss the impact of this decision on its members.

17.10. Rest Periods
a) All employees working more than six (6) hours in a day shall receive two (2) paid fifteen (15) minute breaks (rest periods) in each day. The first shall occur approximately midway between their starting time and their meal time. The second shall occur approximately midway between their meal time and the end of their workday. All such employees are to take an unpaid meal period of not less than thirty (30) minutes and not more than one (1) hour after a work period of not more than five (5) hours.

All employees who work at least three and one-half (3-1/2) hours but six (6) hours or less in a day will receive one (1) paid fifteen (15) minute break (rest period) each day. This shall occur approximately mid-way between their starting time and their finishing time.
b) Rest Periods Between Work Days
It is the intent of this Section to provide for and ensure a reasonable amount of rest for employees who may be required to work an extraordinary number of overtime hours between work days or on a continuous emergency work schedule.

In such circumstances, the City agrees to the following provisions as a means of assuring adequate rest, and the prevention of fatigue and safety hazards. Rest periods in this section shall mean a period of time in which the employee does not have to report to work but is paid at the straight time rate.

1. Employees called into work during the eight (8) hour period immediately preceding the beginning of his/her regular work shift are entitled to a paid rest period equal to the number of hours actually worked.

2. Employees required to work fourteen (14) to sixteen (16) continuous hours are entitled to a paid rest period of two (2) hours.

3. Employees required to work sixteen (16) or more continuous hours are entitled to a paid rest period of eight (8) hours.

4. The employee may request an alternate rest period either at the beginning or end of his/her regular work shift. If the employee wants to take the entire day off, the employee may request to use vacation or comp time for those hours not covered by the overlap.
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5. Employees not scheduled to work on the following day after being called back to work or on a continuous emergency work schedule shall not be entitled to a rest period.

17.11. Military Leave
See Personnel Rules

17.12. Jury Duty
See Personnel Rules

17.13. Water Plant Schedules
The City and Union acknowledge that the operation of the City’s water treatment plant necessitates special scheduling of employees. Attached as Exhibit “B” and incorporated herein are the specific conditions and procedures for the affected positions.

17.14. Shift Change Notice
An employee’s supervisor/designee will provide a two (2) week notice to an employee for regular, on-going shift changes. All shift changes will begin at the start of a new payroll period. The supervisor/designee will attempt to provide at least a one (1) week notice for temporary changes unless unavoidable circumstances arise.

17.15. Job Security
If the City proposes to contract out work which has been customarily and routinely performed by bargaining unit classifications, the City shall give the Union ninety (90) days advance notice and an opportunity to meet and confer on the adverse impact.

17.16 Performance Evaluation
See Personnel Rules.

In addition to the Personnel Rules, in the event that an employee does not receive a performance evaluation within the prescribed timelines, it shall be assumed that the employee’s work performance is rated as “Satisfactory.”

17.17 Layoffs
See Personnel Rules.

In addition to the Personnel Rules, the following provisions shall apply:
 Employee shall be given written notice of layoff by the City at least thirty (30) calendar days in advance of the effective date of such layoff.  Employees shall notify the City Manager in writing within five (5) working days of receiving a layoff notice to demote in lieu of layoff.
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18. Grievance Procedure and Arbitration

18.1. Grievance Procedure

18.1.1. Definitions
a) Grievance: A grievance is a claimed violation, misapplication, or misinterpretation of a specific provision of this MOU or employee protection contained in any ordinances, resolutions, personnel rules, or written policies which adversely affects the grievant and/or the entire membership of the Union. b) Grievant: A grievant is (1) an employee in the unit who is filing a grievance as defined above; (2) any group of employees adversely affected in a substantially similar manner who are consolidated as a group grievance and thereafter represented by the Union; (3) the Union when the grievance alleges a violation that affects the Union as a whole.

The Union shall have standing under this procedure to initiate a grievance over alleged violations of a specific section(s) of this Agreement that affects the entire Union, an entire department or five (5) or more unit members in any one classification. Union grievances shall be processed beginning at Level III. c) Day: Day shall mean day in which the City's main administrative office is open for business.

18.1.2. Process
a) Informal Level: Within ten (10) days from the event giving rise to a grievance or from the date the employee could reasonably be expected to have had such knowledge of such event, the grievant and/or the grievant’s representative shall orally discuss the grievance with his/her supervisor. The supervisor shall have three (3) days to give an answer to the employee.
b) Formal Levels:

Level I: If the grievant is not satisfied with the resolution proposed at the informal level, he/she may within ten (10) days of receipt of such answer file a formal written grievance with his/her immediate supervisor on a form provided by the City. The supervisor shall, within three (3) days have a meeting with the grievant and/or the grievant’s representative and within five (5) days thereafter give a written answer to the grievant on the form provided.
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Level II: If the grievant is not satisfied with the supervisor's answer, the grievant may, within five (5) days from the receipt of such answer, file a written appeal to the department head who shall, within ten (10) days, meet with the employee and/or the grievant’s representative, and within five (5) days thereafter give a written answer to the grievant.

Level III: If the grievant is not satisfied with the written answer from the department head, the grievant may, within five (5) days from the receipt of such answer, file a written appeal to the City Manager or his/her designee. Within fifteen (15) days of receipt of the written appeal, the City Manager or his/her designee shall investigate the grievance which may include a meeting with the concerned parties and thereafter give a written answer to the grievant within five (5) days.

18.1.3. General Provisions
a) If a grievant fails to carry his/her grievance forward to the next level within the prescribed time period, the grievance shall be considered settled based upon the decision rendered at the most recent step utilized.
b) If a supervisor or manager fails to respond with an answer within a given time period, the grievant may appeal his/her grievance to the next higher level. c) Time limits and formal levels may be waived by mutual written consent of the parties.
d) Proof of Service shall be accomplished by registered mail. e) At each step of the formal grievance procedure, a copy of the decision shall be given to the Union at the same time as the decision is sent to the grievant.

18.1.4. Advisory Mediation (Level IV)
If both parties agree, the parties will participate in advisory mediation in an attempt to settle the case before a hearing is scheduled with the arbitrator. The parties will request a mediator from the State Mediation and Conciliation Service. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues. If mediation fails to resolve the grievance, the grievance moves to arbitration.

18.1.5. Arbitration (Level V)
If the parties are unable to reach a mutually satisfactory accord on the grievance which arises out of and is presented according to the specific procedures and limitations of the Article during the term of this MOU, such grievance may be submitted by the Union to an 328
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impartial arbitrator who shall be designated by mutual agreement between the Union and the City Manager.
a) The Union shall make its intentions to use this provision known within ten (10) days of the final answer given under Level III of Section 18.1.2 subsection (b) above.
b) The fees and expenses of the arbitrator and of a court reporter, if used, shall be shared equally by the Union and the City. If one of the parties waives the right to use a court reporter, and the arbitrator does not require a court reporter, the party requiring the court reporter will bear the full cost of the court reporter. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any.
c) Decisions of arbitrators on the matter properly before them shall be final and binding on the parties hereto, to the extent permitted by law. d) No arbitrator shall entertain, hear, decide, or make recommendations on any dispute unless such dispute involves a position in the unit represented by the Union and unless such a dispute falls within the definition of a grievance as set forth in Section 18, 18.1.1 (a) above.
e) Proposals to add or change this MOU or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this MOU, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this section. f) No arbitrator shall have the power to amend or modify this MOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. The arbitrator's decision shall be limited only to the application and interpretation of the provisions of this MOU in the matter referred for consideration.
g) Should the City Manager or his/her designee and the Union fail to reach agreement on the selection of an arbitrator within fifteen (15) days, they shall jointly request a list of five (5) qualified arbitrators from the California State Mediation and Conciliation Service or the American Arbitration Association. If a mutual selection cannot be made from the list received within five (5) days, the parties shall select the arbitrator by alternately striking names until only one name remains who shall be the selected arbitrator. Any fees in connection with obtaining a list of arbitrators shall be shared equally between the City and the Union.
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19. Disciplinary Procedure

19.1. Definition
Days as defined in this Section means calendar days unless expressly stated otherwise.

19.2. Purpose
The purpose of the disciplinary procedure is:
a) To provide employees subject to disciplinary action all rights to which they are entitled by law;
b) To provide an orderly procedure for pre-action notice, response, implementation, and appeal;
c) To correct deficiencies in employee performance and to ensure improvement to meet job standards.

19.3. Employee Representation
An employee may have a representative at all stages of the disciplinary process as outlined in this Section, provided that the representative is not a party to the action.

19.4. Administrative Leave
An employee may be placed on Administrative Leave, with pay, pending investigation of facts possibly giving rise to the potential need for discipline.

19.5. Notice of Proposed Disciplinary Action
Prior to suspension without pay, reduction in pay, demotion, or dismissal, the employee shall be provided the following:
a) Notice of the proposed action;
b) The reasons for the proposed action;
c) A copy of the charges and any materials upon which the proposed action is based; d) Notice that the employee is entitled to an opportunity to respond to the charges orally, or in writing, or both, personally or with a representative; 330
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e) The date and time of the response meeting during which the employee and his/her representative will have an opportunity to refute the charges or present facts that may not be known;
f) Notice that if the employee fails to attend the response meeting, the employee shall be deemed to have waived all rights to said meeting and from appeal to any action taken.

19.6. Notice of the Response Meeting
Notice of the response meeting shall be given no less than seven (7) days prior to the meeting.

19.7. Response Meeting
At the time and place for the meeting giving the employee an opportunity to respond, the employee may respond orally and/or in writing, personally, or with a representative.

Neither party shall be entitled to call witnesses or take testimony.

At the meeting, the City Manager or his/her designee, may consider information contained in the charges and recommendations as well as information presented by the employee or his/her representative.

At the conclusion of the response meeting, or within seven (7) days, the City Manager or his/her designee, shall issue an order implementing or determining not to implement the action. The City Manager or his/her designee, may implement an action that is of lesser severity than that which was initially proposed.

19.8. Implementation of Discipline
When discipline is imposed, a copy of the order shall be served upon the employee, either personally or by registered or certified mail, return receipt requested, at the last known address on file with the City. The order shall include:
a) A statement of the nature of the discipline imposed; b) The effective date of the discipline;
c) A statement of the causes for the discipline;
d) A statement of the specific facts or omissions upon which the discipline is based; and
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e) A statement advising the employee of his/her rights to appeal the disciplinary action. The statement shall include the manner and time within which an appeal must be taken, and the required content of the appeal notice.

19.8.1. Letter of Reprimand
An employee may request a meeting with the Assistant City Manager or designee, to review a Letter of Reprimand within ten (10) days of receipt. The Assistant City Manager or designee, shall meet with the employee within ten (10) days of the request. The Assistant City Manager or designee, shall have the authority to uphold, modify, or remove the Letter of Reprimand. The decision of the Assistant City Manager or designee, shall be final.

19.9. Disciplinary Appeal Procedure
The employee, or his/her representative, after service of an order of disciplinary action as specified in this Article may request that the matter be submitted to an arbitrator as provided in the following Sections. A written request for an appeal must be served upon the City Manager or his/her designee within ten (10) days following receipt of the order of discipline. The demand for a hearing shall include:
a) Specific grounds for review;
b) Copies of materials upon which the discipline is based.

19.10. Selection of an Arbitrator
An arbitrator may be mutually agreed upon by the two parties. If they fail to agree upon an arbitrator within ten (10) working days, the Division of Conciliation of the State of California Department of Industrial Relations shall be requested to submit a list of five (5) arbitrators and from such list the employee and the City Manager or his/her designee, shall promptly select the arbitrator by the alternate striking of names, commencing with the employee, from said list. Upon selection of the arbitrator, the City Manager or his/her designee, shall contact the arbitrator and arrange for the earliest hearing date available with regard to the parties schedules. Should the arbitrator's calendar preclude a hearing date within sixty (60) days, the City Manager or his/her designee may require the parties to strike names for a replacement hearing officer.

19.11. Arbitration Hearing and Decision
The arbitration hearing shall be conducted as a full scale evidentiary hearing with full due process rights, including the right to present witnesses, present evidence, cross examine opposing witnesses, the right to counsel, and findings to support the decision. 332
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Within thirty (30) days of the conclusion of the hearing, the arbitrator shall render a written decision. The decision of the arbitrator shall be provided to both parties. Any decision of the arbitrator shall be binding upon both parties.

19.12. Cost of Arbitration
The cost of the arbitrator and any expenses associated with the hearing shall be shared equally by the employee and the City. If a transcript of the proceedings is requested, the party making such a request shall pay the cost.

19.13. Discipline Retention
a) Upon notice from the employee, Letters of Reprimand shall be withdrawn from an employee’s official personnel file two (2) years from the date of issue, provided there has not been additional formal discipline imposed during the two (2) year period.
b) Upon notice from the employee, disciplinary transfers and suspensions without pay of two (2) days or less shall be withdrawn from an employee’s official personnel file three (3) years from the date of issue, provided there has not been additional formal discipline imposed during the three (3) year period. c) Upon notice from the employee, suspensions without pay of three (3) days or more and disciplinary demotions shall be withdrawn from an employee’s official personnel file five (5) years from the date of issue, provided there has not been additional formal discipline imposed during the five (5) year period.

20. No Lockout
No lockout of unit employees shall be initiated by the City during the term of this MOU.

21. Full Understanding, Modification and Waiver
This MOU 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 it right to negotiate, and agrees that the other party shall not be required to negotiate with respect to any matter covered herein during the term of this MOU. Nothing in this paragraph shall preclude the parties from jointly agreeing to meet and confer on any 333
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issue(s) within the scope of representation during the term of this MOU; provided that no modification to any 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 and implemented by the City Council and the Union.

The waiver of any breach, term, or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.

22. Peaceful Performance
The parties to this MOU recognize and acknowledge that many of the services performed by the City employees covered by this MOU are essential to the public health, safety, and general welfare of the residents of the City. The Union agrees that under no circumstances will the Union recommend, encourage, cause, or permit its members to initiate, participate in, nor will any member of the bargaining unit take part in any strike, sit-down, stay-in, slow-down, or picketing (hereinafter collectively referred to as workstoppage), in any office or department of the City, nor curtail any work or restrict any production, or interfere with any operation of the City. In the event of any work-stoppage by any member of the bargaining unit, the City shall not be required to negotiate on the merits of any dispute, which may have given rise to such work-stoppage until such workstoppage has ceased.

In the event of any work-stoppage, during the term of this MOU, whether by the Union or by any member of the bargaining unit, the Union by its officers, shall immediately declare in writing and publicize that such work-stoppage is illegal and unauthorized and further direct its members in writing to cease said conduct and to resume work. Copies of such written notice shall be served upon the City. If in the event of any work-stoppage, the Union promptly and in good faith performs the obligations of this paragraph, and providing the Union has not otherwise authorized, permitted, or encouraged such workstoppage, the Union shall not be liable for any damages caused by the violation of this provision. However, the City shall have the right to discipline, to include discharge, any employee who instigates, participates in, or gives leadership to, any work-stoppage activity herein prohibited, and the City shall also have the right to seek full legal redress, including damages, as against any employee.

23. Savings Provision
If any provision of this MOU is held to be contrary to law by a court of competent jurisdiction, such provision will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect. 334
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24. Term
The MOU represents the entire agreement between the City and the Union on subjects contained herein and shall become of full force and effect on July 1, 202219, unless otherwise noted, and shall continue in full force and effect until June 30, 20242, and shall continue from year-to-year thereafter, unless either party hereto gives written notice to the party in the month of April 20224 that it wishes to modify a provision of this MOU.

IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by affixing their signatures on the following page.
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Signature Page to Memorandum of Understanding
Stationary Engineers, Local 39
7/1/202219 – 6/30/20242
DATED:

City of West Sacramento
By:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
International Union of Operating Engineers,
Stationary Engineers, Local 39, AFL-CIO
By
Bart Florence, Business Manager/ Secretary
By
Jeff Gladieux, President
By
Brandy Johnson, Director of Public Employees
By
Chung Park, Business Representative
Bargaining Committee

By
Howard McKinley
By
Kaisa Miller
By
Kevin Jones
By
Juan Sanchez
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Exhibit "A"

REPRESENTED CLASSIFICATIONS
Accounting Technician I/II/III
Chief Facilities Maintenance Worker
Chief Maintenance Worker
Chief Parks & Grounds Worker
Chief Treatment Plant Mechanic
Clerk / Senior Clerk
Electrical Technician
Engineering/GIS Technician
Engineering Technician I/II/III
Equipment Mechanic I/II
Facilities Maintenance Aide
Facilities Maintenance Worker / Senior Facilities Maintenance Worker Groundskeeper
Instrumentation Technician
Maintenance Worker/ Senior Maintenance Worker
Parks & Grounds Worker / Senior Parks & Grounds Worker
Permit Technician I/II
Planning Technician
Recreation Coordinator
Recreation Supervisor I/II
Revenue Supervisor
Secretary
Senior Water Treatment Plant Operator
Special Events Supervisor I/II
Stationary Engineer
Traffic Control & Lighting Technician I/II
Treatment Plant Mechanic I/II
Water Treatment Plant Apprentice
Water Treatment Plant Operator II/III/IV
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Exhibit "B"

PROVISIONS FOR PERSONNEL AT WATER TREATMENT PLANT
I. Workshift
Water Treatment Plant Operators are generally required to work a 24 hours on; 48 hours off shift.

Other Water Treatment Plant staff work an eight (8) hours per day schedule, but may be required to work a 24 hour shift occasionally during operator holidays, vacations, or sick leave.

The 24 hour shift commences at 7:00 a.m.

The first 16 hours of the 24 hour shift is considered a work shift and paid at the operator’s base hourly rate of pay.

The final 8 hours of the 24 hour shift is considered standby (see Section 12.4) and is not considered as paid work time. If the operator is interrupted by a call to duty during standby, the interruption is counted as time worked and paid at 1-1/2 times the base hourly rate of pay. If the operator cannot get at least five (5) hours of sleep during standby, the entire eight (8) hour standby will be counted as time worked and paid at 1-1/2 times the base hourly rate of pay. The five (5) hours of sleep need not necessarily be five (5) continuous, uninterrupted hours of sleep.

II. Work Schedule
Under the 24 hours on/48 hours off shift schedule, each operator will work a total of 224 hours in a six (6) week period or an average of 74.66 hours every bi-weekly pay period.

Sat Sun Mon Tue Wed Thurs Fri
Wk 1 X Y Z X Y Z X (A)
Wk 2 Y Z X Y Z X Y
Wk 1 Z X Y Z X Y Z (B)
Wk 2 X Y Z X Y Z X
Wk 1 Y Z X Y Z X Y (C)
Wk 2 Z X Y Z X Y Z
Wk 1 X Y Z X Y Z X (D)
Wk 2 Y Z X Y Z X Y
(A) X = 5 shifts x 16 hours = 80 hours / bi-weekly pay period Y = 5 shifts x 16 hours = 80 hours / bi-weekly pay period Z = 4 shifts x 16 hours = 64 hours / bi-weekly pay period (B) X = 5 shifts x 16 hours = 80 hours / bi-weekly pay period 338
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Y = 4 shifts x 16 hours = 64 hours / bi-weekly pay period Z = 5 shifts x 16 hours = 80 hours / bi-weekly pay period (C) X = 4 shifts x 16 hours = 64 hours / bi-weekly pay period Y = 5 shifts x 16 hours = 80 hours / bi-weekly pay period Z = 5 shifts x 16 hours = 80 hours / bi-weekly pay period (D) X = 5 shifts x 16 hours = 80 hours / bi-weekly pay period Y = 5 shifts x 16 hours = 80 hours / bi-weekly pay period Z = 4 shifts x 16 hours = 80 hours / bi-weekly pay period

74.66 average work hours per bi-weekly pay period
NOTE: An employee working a traditional 8-5 schedule works 2080 hours in a year. Under the Water Treatment Plant Operator's schedule, an employee works approximately 1946 hours per year.

III. Shift Change
As noted in the work shift section, there are two (2) groups of Water Treatment Plant staff; one group assigned to twenty-four (24) hour shifts and another group assigned to the traditional eight (8) hours per day, forty (40) hours per work week shift. A traditional eight (8) hours per day, forty (40) hours per work week employee may be required to fill in for a twenty-four (24) hour shift employee.

If he/she receives the required two (2) work week notification, all provisions of this document which cover twenty-four (24) hour shift personnel will apply as if that was a normally assigned shift. Notice of shift change shall be in writing and acknowledged by the employee. Should he/she receive less than a two (2) work week notification of shift change, he/she will be treated as a traditional eight (8) hours per day, forty (40) hours per week employee and will receive overtime after the first eight (8) hours of the sixteen (16) hour work shift.

In addition, the employee filling in will be paid for the hours actually worked. If the employee fills in for an operator who is scheduled for a two (2) shift work week (32 hours), he/she must work an additional eight (8) hours during that work week to ensure that he/she is paid for forty (40) hours.
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IV. Payroll Reporting
How to Complete the Electronic Timesheet
Employees at the Water Treatment plant will fill-out their timesheet by coding each day of scheduled work as sixteen (16) hours at Straight-time (3001 REG PAY), and eight (8) hours of standby pay (3040 SHFT DIFF/WATER.) If an employee is scheduled a vacation, they would use the Vacation Code to record vacation used (3410 VACATION USED.) Of course, if an employee calls in sick on a scheduled workday, they would use the Sick Leave used code (3210 SICK SELF.) In order to ensure that overtime is paid for the hours worked over forty (40) per week as part of the regular schedule, the employee must code four (4) hours of [email protected]. (3023 [email protected] Water), in addition to coding the sixteen (16) hours Straight-time. This should be done on the last day of the three (3)-shift week.

Reporting Standby Pay
Use code 3040 – SHFT DIFF/WATER to record standby pay in the electronic timesheet. As stated above, treatment plant operators work a 24-hour shift. Sixteen (16) is considered the regular part of the shift, and eight (8) is considered the standby part of the shift. The eight (8) hours of the standby should be entered into the electronic timesheet as follows:
3001 – REG PAY 16.0
3039 – STANDBY/PW 8.0
Reporting Holidays
A 24-hour shift employee is entitled to ten - 8-hour City holidays per fiscal year, and 4-1/2 days (36 hours) of floating holidays. A 24-hour shift employee who works on any of the holidays listed in Article 12, Section 12.10 of the MOU shall be paid one and one-half (1-1/2) times his/her base rate of pay for the work shift portion (16 hours) of his/her 24-hour shift. Additionally, the operator may retain eight (8) hours of holiday to be taken later in the same fiscal year. In the event the employee does not use the eight (8) hours of holiday prior to the end of the fiscal year, he/she will be paid for the hours at his/her base rate of pay.

An employee who works on a City holiday and wishes to be paid for the retained holiday hours should enter the following into the electronic timesheet:
3001 – REG PAY 16.0
3008 – OT@ST HOLIDAY 8.0
3039 – STANDBY/PW 8.0
3320 – HOLIDAY PAYOFF 8.0
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An employee who works on a City holiday and wishes to retain the holiday hours to be taken at a later time in the fiscal year should record the electronic timesheet as follows:
3001 – REG PAY 16.0
3008 – OT@ST HOLIDAY 8.0
3039 – STANDBY/PW 8.0
There is no need to code the eight (8) hours holiday for retention purposes. The retained holiday hours will be automatically credited to the employees holiday leave balance.

If an employee’s regular day-off is on a City holiday, and he/she wishes to be paid for the holiday hours, he/she should code his/her electronic timesheet as follows:
3320 – HOLIDAY PAYOFF 8.0
If any employee whose regular day off is on a City holiday, and he/she wishes to retain the holiday hours to be taken at a later time in the fiscal year, he/she need not code his/her electronic timesheet. The retained holiday hours will be automatically credited to the employee’s holiday leave balance and no payroll entry is necessary.

At any time during the fiscal year that an employee wants to be paid for the holiday hours accrued year to date, he/she should code his/her electronic timesheet as follows:
3320 – HOLIDAY PAYOFF # of hours to be paid-off
If a holiday falls on the last shift of a three (3)-shift workweek, an employee must report the last shift (16 hours) in the electronic timesheet as follows:
3001 – REG PAY 16.0
3008 – OT@ST HOLIDAY 8.0
3039 – STANDBY/PW 8.0
3320 – HOLIDAY PAYOFF 8.0
3023 – OT@ST/WTR 4.0
Of course, as above, if an employee wishes to retain the holiday hours, no coding of holiday hours is necessary for the hours to add to employee’s accrued leave balance.

Reporting Shift Hours
Record "shift" hours on the day the shift commences even though the last hour of the shift falls on the following day. For example, "Joe" starts his shift at 7:00 a.m. on Tuesday and completes it at 7:00 a.m. on Wednesday. The one hour of work from 6:00 a.m. to 7:00 a.m. should be 341
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