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HomeMy WebLinkAbout02 - MOU - Newport Beach Professional and Technical Employees AssociationSeptember 22, 1997 City Council Agenda Item No. 2 (3�j CITY OF NEWPORT BEACH t;, - . ADMINISTRATIVE SERVICES DEPARTMEN CITY o> Resource Management Division SEP 2 21997 September 22, 1997 —��� A 0 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dennis Danner, Administrative Services Director 0. SUBJECT: MEMORANDUM OF UNDERSTANDING - NEWPORT BEACH PROFESSIONAL & TECHNICAL EMPLOYEES ASSOCIATION DISCUSSION: The current agreement with the City of Newport Beach Professional & Technical Employees Association (Prof/Tech) expired on June 30, 1997. The term of the agreement was extended through the present time, with the mutual consent of the City and the Association, while negotiations were underway on a new agreement. An agreement was recently reached between the City and this Association, the new Memorandum of Understanding (MOU) was prepared, and each party reviewed and approved the MOU. The new agreement provides for a 3% salary increase for members of this Association while retaining language for negotiation reopeners on such things as Retiree Health Insurance and the City's Disability Program for miscellaneous employees. There were no other increases in compensation or benefits included in the new agreement. The new contract will expire on June 30, 1998. If approved by the City Council, the 3% salary increase will be retroactive to the first pay period of July, 1997. The estimated cost of providing this salary increase to the League for the 1997-98 fiscal year is $90,000 and funds were included in the City's current budget for the increase. RECOMMENDATION: It is recommended that the City Council approve the attached Memorandum of Understanding between the City and the City of Newport Beach Professional & Technical Employees Association for the period July 1, 1997 to June 30, 1998. c: \vvimcord\denniswp\cea_mou98\09/11 /97 COUNCIL AGENDA r' o. a _ A!�_-7 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: PREAMBLE 1. The Newport Beach Professional and Technical Employees Association ("NBPTEA"), a recognized employee organization, and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. NBPTEA representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment to apply to all affected employees through June 1998. Said employees desire to reduce their agreement in writing, and to present such agreement, in the form of this MOU, to the city Council of the City of Newport Beach for approval. 3. This MOU, upon approval by NBPTEA and the Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. SECTION 1. - General Provisions. A. Recognition. In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer's/Employee Labor Relations Resolution No. 7173, the City acknowledges that NBPTEA is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications specified in Exhibit "A" or as appropriately modified in accordance with the Employer/Employee Resolution. All other classifications and positions not specifically included within Exhibit "A" are excluded. from representation by NBPTEA. B. Duration of Memorandum. 0 1. Except as specifically provided otherwise, any C. 0 0 ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of July 1, 1997, This MOU shall remain in full force and effect until June 30, 1998, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. Scope. All present written rules and current established practices and employees' rights, privileges and benefits that are within the scope of representation shall remain in full force and effect during the term of this MOU unless specifically amended by the provisions of this MOU. Pursuant to this MOU, the City reserves and retains all of its inherent exclusive and non-exclusive managerial rights, powers, functions and authorities ("Management Rights") as set forth in Resolution No. 7173. Management Rights include, but are not limited to, the following: (a) the determination of the purposes and functions of City Departments; (b) the establishment of standards of service; (c) to assign work to employees as deemed appropriate; (d) the direction and supervision of its employees; (e) the discipline of employees; (f) the power to relieve employees from duty for lack of work or other legitimate reasons; • (g) to maintain the efficiency of operations; (h) to determine the methods, means and personnel by which operations are to be conducted; (i) the right to take all necessary actions to fulfill the Department's responsibilities in the event of an emergency; (j) the exercise of complete control and discretion over the manner of organization, and the appropriate technology, best suited to the performance of departmental functions. The practical consequences of a Management Rights decision on wages, hours, and other terms and conditions of employment shall be subject to the grievance procedures. D. Conclusiveness. This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. F. Modifications. Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. G. Savings. Should any part of this MOU be rendered or declared illegal or invalid by legislation, decree of court of competent jurisdiction or other established governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU. 3 SECTION 2. - Compensation isA. Pay for Time Worked Salary Adjustments Effective the first pay period of July, 1997, salaries shall be increased by 3%. For the term of this agreement, the City will pay each Miscellaneous members contribution to the Public Employees Retirement System (PERS) not to exceed 7%. Said retirement pick-up should be credited to the employees individual account with PERS. 2. Compensation for Overtime - Normal Overtime A. Definitions Miscellaneous Employee - An employee designated as a miscellaneous member of the Public Employees Retirement System (PERS). ii. Overtime Employees - Normal overtime is defined as any scheduled hours worked in excess of the basic work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Department Director and approved by the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods - beginning at 0001 on Saturday and ending at midnight the following Friday. iii. Definition of Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. iv. Compensation - Normal overtime for all non-exempt employees shall be paid at one -and -one-half (1-1/2) times the hourly rate of the employee's bi-weekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Administrative Services Director. i 3. Call -Back Duty a. Defined Call back duty requires the employee to respond to a request to return to his/her work station after the normal work shift has been completed and the employee has left his/her normal work station. Those periods of overtime which had been scheduled by the Department Director prior to the end of the normal work shift are not considered call-back duty. b. Compensation All personnel eligible for overtime pay shall be guaranteed two (2) hours pay, or pay for one -and -one-half (1-1/2) times the number of hours worked, whichever is greater. Reporting of overtime on payroll forms will be prescribed by the Administrative Services Director. 4. Court Time Employees who are required to appear in Court during their off-duty hours in connection with City business shall received overtime compensation for the number of hours they spend in court, with a minimum of two (2) hours of such compensation. Accumulation of Compensatory Time Off Employees may accumulate up to eighty (80) hours of Compensatory Time. Any hours in excess of eighty (80) will be paid off. Accumulation in excess of the eighty (80) hours may be approved at the discretion of Department Director. Compensatory time off for non-exempt employees shall accrue at the rate of time -and -a -half for every overtime hour worked. Incidental Overtime a. Defined Incidental overtime is any extension of the basic work shift of less than 1/10 of an hour that is non -recurrent. 0 b. Compensation Incidental overtime is not compensable. 8. Niaht Shift Differential The City agrees to pay $1.00 per hour night shift differential for Employees working a regularly scheduled work shift of which four or more hours are worked between the hours of 5:00 p.m. and 5:00 a.m. Overtime worked as an extension of an assigned day shift shall not qualify an employee for night shift differential. The differential pay is paid only for hours actually worked. SECTION 3 - Leaves A. Flex Leave Permanent full-time employees enrolled in the flex leave program will earn leave to the following schedule: Years of continuous Accrual per Annual service pav period/hrs Days 1 but less than 5 5.54 18 5 but less than 9 6.15 20 9 but less than 12 6.77 22 12 but less than 16 7.69 25 16 but less than 20 8.31 27 20 but less than 25 8.92 29 25 and over 9.54 31 Employees hired, or rehired, by the City of Newport Beach on or after July 1, 1996, shall accrue flex leave at the following rates: Years of continuous Accrual per Annual service pay period/hrs Days 1 but less than 5 4.92 16 5 but less than 10 5.53 18 10 but less than 15 6.46 21 15 but less than 20 7.08 23 20 and over 8.00 26 During the first six months of employment, new permanent full-time employees shall not accrue paid leave. At the completion of six months of employment six (6) months of accrued flex leave will be placed in the employees account. Employees who are assigned to an 88 hour schedule per pay period will accrue time in 6 0 0 • proportionate amounts. Note: If an employee becomes sick in the first six months of employment, the City will advance up to six (6) months of potentially accrued flex leave time to be used for illnesses only. If employee terminates employment prior to six months, the City will subtract the pay equivalent of the number of flex leave days advanced from the employees final check. Any flex leave time advanced during the first six months of employment will be subtracted from the six (6) months of accrual placed in the employees account upon completion of six months employment. i a. Limit on Accumulation Employees may accrue flex leave up to an accumulated total equal to seventy eight (78) times the members bi-weekly accrual rate. Any.flex leave earned in excess of this level will be paid on an hour for hour basis in cash at the employee's hourly rate of pay. Members hired prior to July 1, 1996 shall be paid for earned flex leave in excess of the maximum permitted accrual at the member's hourly rate of pay provided that they have utilized at least eighty (80) hours of flex leave the previous calendar year. Employees who have not utilized the required amount of leave the prior calendar year shall not be eligible to accrue time above the maximum accrual limit. Employees first hired, or rehired by the City subsequent to July 1, 1996 shall not be eligible for flex leave spillover pay and shall not be entitled to accrue flex leave in excess of the flex leave accrual threshold. b. Method of Use Flex leave may not be taken in excess of that actually accrued and in no case, except for illness, may it be taken prior to the completion of an employee's initial probationary period. The Department Director shall approve all requests for flex leave taking into consideration the needs of the Department, and whenever possible the seniority and wishes of the employee. 7 0 0 0 Vacation Leave 1. Basis for Accrual/Full-Time Employees Employees entitled to vacation leave -with -pay shall accrue such leave based on years of continuous service and the number of hours in a normal work week for the position to which they are assigned in accordance with the following schedule: Years of Hours in Continuous Normal Work Week Service 40 0 but less than 5 3.38 5 but less than 9 3.99 9 but less than 12 4.61 12 but less than 16 5.22 16 but less than 20 5.84 20 but less than 25 6.46 25 and over 7.07 2. Limit on Accumulation Accrual of vacation days in excess of those earned for two years of continuous service is not permitted past December 31st of each year with the . following exception: with approval of the Department Director, an employee may accrue vacation days in excess of the two-year limit provided all such excess accumulation is taken by March 31st of the following year. 3. Method of Use Vacation may not be taken in excess of that actually accrued and in no case, except for entry- level employees, may it be taken prior to the completion of an employee's initial probationary period. Entry level employees may use vacation after the completion of the initial twelve (12) months of probation. The Department Director shall schedule and approve all vacation leaves for employees taking into consideration the needs of the Department, and whenever possible, the seniority and wishes of the employee. C. Holiday Leave Subject to the provisions herein, the following days shall be observed as paid holidays by all employees in permanent positions and other personnel whose work Q • assignments, in the judgment of the Department Director require their presence on the job. For each designated holiday, except the Floating Holiday, such excepted personnel shall receive an equivalent number of hours of paid leave or equivalent pay whichever in the judgment of the Department Director best serves the interest of the Department. Independence Day Labor Day Veteran's Day Thanksgiving Day Friday following Christmas Eve Christmas Thanksgiving New Year's Eve New Year's Day Washington's Birthday Memorial Day Floating Holiday (1) July 4 1st Monday November 11 4th Thurs. Last 1/2 of December 25 Last 1/2 of January 1 3rd Monday Last Monday in Sept. in November working day working day in February in May 1. With the exception of Christmas Eve and New Year's Eve, when a designated holiday occurs on Sunday, the following Monday will be observed. If Christmas Eve or New Year's Eve occurs on Saturday or Sunday, the employee shall receive 4 hours vacation or flex leave for each holiday added to his/her accumulated total. When any other designated holiday occurs on Saturday, the employee shall receive 8 hours vacation or flex leave for each holiday added to his/her accumulated total. In addition, for all employees who have completed one year of service, an additional 8 hours of floating holiday will be added to his/her vacation or flex leave accumulated total on the first pay period in July each year. Those who have completed less than one year of service receive 0 hours of floating holiday. D. Sick Leave Accrual Basis for accrual/Full-time Employees Full-time, regular employees shall accrue sick leave based on the number of hours in a normal work week for the position to which they are assigned in accordance with the following schedules: 0 2 0 Service Time Monthly Accrual Accrual • 0-1 year 4 hours 1-2 years 5 hours 2-3 years 6 hours 3+ 3-4 years 7 hours 4+ 8 hours Method of Use A. General Sick leave may not be taken in excess of that actually accrued. Except as noted, an employee serving his/her initial probation period is eligible to use his/her accumulated sick leave provided that if for any reason his/her City employment is terminated prior to the completion of such probationary period, his/her final paycheck shall be reduced by the value of the sick leave he/she has taken. After completion of the initial twelve (12) months of probation period, entry-level employees shall not have used sick leave reduced from their final paycheck if they have maintained a satisfactory or higher performance evaluation rating throughout the probationary period. B. Approval Sick leave may be granted only at the direction of or with the approval of the Department Director and only for the purposes defined in Section 703.1. Family Sick Leave Policy Employees are authorized to use up to forty (40) hours of accrued sick leave per calendar year for an illness of a dependent. 4. Sick Leave Conversion Employees who at the end of the calendar year have an accrued level of sick leave equal to or greater than the full value of 50 months of accrued sick leave, and who have used six or less days of sick leave during that calendar year will be permitted (only once per year) to convert up to six (6) days 10 0 0 of sick leave to either salary or paid vacation at the value of 50% (maximum value of 3 days per year). Eligible sick leave days converted to cash shall be at the employee's option. Eligible sick leave days converted to paid vacation shall require the approval of the Department Director. E. Bereavement Leave The provisions of the Bereavement Leave Policy applicable to affected employees are as follows: Defined. The necessary absence from duty by an employee having a regular or probationary appointment, because of death or terminal illness in his/her immediate family. For the purposes of this section, immediate family shall mean father, mother, brother, sister, wife, husband, child, father-in-law and mother-in-law. Maximum Allowed. Such leave shall be limited to five (5) working days per calendar year. Probationary Employees. An employee serving his/her initial probationary period who takes leave under this section who for any reason terminates his/her employment prior to the completion of such probationary period shall have his/her final paycheck reduced by the value of the leave taken. SECTION 4. - Frince Benefits. A. Insurance. Health Insurance Contribution. The City shall make available to all NBPTEA members the PERS health insurance programs and a second health care plan. City shall pay the health and dental premium for each NBPTEA member, up to a maximum of $400 per month. 2. Health Care Ont Out Employees will be allowed to opt out of the City's health plans (medical, dental and vision), and if they choose to do so they shall receive $200 per month. To qualify the employee would be required to supply evidence of alternative medical coverage, and to sign a hold harmless agreement, releasing the City from any responsibility as a health care provider. 9 11 3 In 5 0 0 Vision Insurance The existing vision care plan shall be maintained as part of the City's indemnity insurance policy for the term of this agreement. Information Committee. City has established a Medical/Dental Information Committee composed of one representative from each employee group and up to three City representatives. The Medical/Dental Information Committee has been established to allow the City to present data regarding carrier and coverage options, the cost of those options, appropriate coverage levels and other health care issues. The purpose of this Committee is to provide each employee group with information about health care issues and to receive timely input from associations regarding preferred coverage options and levels of coverage. City shall provide information to the Committee in December, February and April of each year during the term of this MOU. The Committee shall solicit bids on an alternative dental HMO carrier during the term of this agreement. Disability Insurance The cost of disability insurance is 1% of monthly salary up to a maximum of $75.00 per month. The City will share in paying the cost of the disability insurance premiums for employees who meet the following criteria: Employees with less than 160 accrued sick leave hours are required to pay 100% of the premium cost. Employees who have accrued less than 320 hours of accrued sick leave shall be required to pay one- half (50%) and the City will pay the remaining one- half (50%) of above premium. The City shall pay 100% of the disability insurance premium for employees who have accrued 320 or more hours of sick leave. All regular full-time employees accruing Flex -leave hours shall pay their disability insurance premiums with less than 160 accrued Flex -leave hours; the employee one-half (50%) and the City one-half (50%) of above premiums with 160 or greater but less than 208 accrued Flex -leave hours; and the City shall 12 pay 100% of the premiums with 208 accrued Flex - leave hours. It shall be understood that the City's paid leave programs shall be maintained in compliance with all of the provisions of the Family Medical Leave Act. The City and Association agree to participate in a City-wide committee to restructure the existing disability insurance -leave program. 6. Life Insurance The City shall provide life insurance for all regular full-time employees in $2,500 increments based on annual salary up to $50,000 per year. 7. Retiree Medical Insurance The parties agree that during the term of this agreement, the maximum combined contribution by the City and active employees for retiree medical insurance shall not exceed $400.00 per month. Further, the City and Association agree to work, through a City wide committee, on a variety of issues involving retiree medical insurance in an attempt to achieve cost containment and equity amongst the City's retiree medical programs. Regular, full-time employees agree to pay 25% of retiree insurance premiums. The current retiree insurance premium of $15.12 per month shall remain constant until such time as the City and the NBPTEA agree on a final resolution for the funding of retiree medical insurance premiums. Also, the City agrees not to burden employee contributions to the retiree medical plan for any plan participants that were not considered regular employees with the City. B. The Retirement Benefit The City contracts with PERS to provide retirement benefits for its employees. The retirement formula is the 2% @ 60, calculated on the basis of the best/highest year. The City pays both the employee and the employer contribution, but the City reports the value of the Employer Paid Member Contribution (EPMC), so the employees will have the benefit of the EPMC in their retirement formula calculations. Prior to negotiations for the period commencing July 1, 1997, the City agrees 13 to obtain an actuarial quotation from PERS on the cost of the 2% at 55 retirement program. C. Tuition Reimbursement NBPTEA members attending accredited community colleges, colleges, trade schools or universities may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, books, fees or other student expenses for approved job-related courses. Maximum tuition reimbursement for employees shall be $1,000.00 per fiscal year. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for tuition reimbursement require approval. SECTION 5. Miscellaneous/Workinv Conditions A. 9/80 Schedulina Plan The City agree to maintain flex -scheduling where it is currently operating successfully. B. Reductions in Force/Layoffs The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. DEFINITIONS a. "Layoffs" or "Laid Off" shall mean the non - disciplinary termination or employment. b. "Seniority" shall mean the time an employee has worked in a Classification or Series calculated from the date on which the employee was first granted permanent status in the current Classification or any Classification within the Series, subject to the following: i) Credit shall be given only for continuous 14 n u n u service subsequent to the most recent appointment to permanent status in the Classification or Series; ii) Seniority shall include time spent on industrial leave, military leave, and leave of absence without pay, but shall not include time spent on any other authorized or unauthorized leave of absence. C. "Classification" shall mean one or more full time positions identical or similar in duties not including part-time, seasonal or temporary positions. Classification within a Series shall be ranked according to pay (lowest ranking, lowest pay)• d. "Series" shall mean two or more classifications within a Department which require the performance of similar duties with the higher ranking classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those classifications following a meet and consult process which constitute a Series. e. "Bumping Rights", "Bumping" or "Bump" shall mean (1) the right of an employee, based upon seniority within a series to bump into a lower ranking classification within the same series, (2) to be followed by, an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. No employee shall have the right to bump into a classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. PROCEDURE In the event the City Manager determines to reduce the number of employees within a classification, the following procedures are applicable: a. Temporary and probationary employees within any classification shall, in that order, be laid off before permanent employees. 15 0 0 b. Employees within a classification shall be laid off in inverse order of seniority; C. An employee subject to layoff in one classification shall have the right to bump a less senior employee in a lower ranking classification within a series. An employee who has bumping rights shall notify the Department Director within three (3) working days after notice of layoff of his/her intention to exercise bumping rights. d. In the event two or more employees in the same classification are subject to layoff and have the same seniority, the employees shall be laid off following the Department Director's consideration of established performance evaluations. NOTICE Employees subject to lay-off shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Personnel Resolution. REEMPLOYMENT Permanent and probationary employees who are laid off shall be placed on a Department re-employment list in reverse order of layoff. The re-employment list shall expire in 18 months. In the event a vacant position occurs in the classification which the employee occupied at the time of layoff, or a lower ranking classification within a series, the employee at the top of the Department re-employment list shall have the right within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re-employment list or the right to remove his or her name from the re- employment list by sending written confirmation to the Personnel Director. SEVERANCE If an employee is laid off from their job with the City, for economic reasons, the City will grant severance pay in an amount equal to one week of pay for every full 16 0 0 • year of continuous employment service to the City of Newport Beach. C. Promotional Preference Where no less than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. Position vacancy announcements for all available City positions shall be distributed in a manner that reasonably assures unit members access to the announcements. D. Labor Management Committee The City will work with NBPTEA leadership, through its managers, to establish labor-management committees departmentally whenever it is mutually determined it is appropriate to do so. E. Grievance Procedure Any employee or group of employees may file a grievance regarding the interpretation or application of the "Employer -Employee Relations Resolution" (RESOLUTION NO. 7173), this MOU, or of rules and regulations, adversely . affecting an employee's wages, hours, or conditions of employment. A grievance shall be filed according to the following procedure: Step 1: A grievance may be filed by any employee on his/her own behalf, or jointly by a group of employees, or by a Recognized Employee Organization. Within ten (10) calendar days of the event giving rise to a grievance, the grievant shall present the grievance in writing to the immediate supervisor. Grievances not presented within the time period shall be considered resolved. The supervisor shall meet with the grievant to settle grievance and give a written answer to the grievant within seven (7) calendar days from receipt of the grievance by the supervisor. When the immediate supervisor is also the department head the grievance shall be presented in Step 2. Step 2: If the grievance is not resolved in Step 1, the grievant may, within fourteen (14) calendar days from his/her receipt of the supervisor's answer, forward the 17 9 0 grievance to the department head for consideration. Answer to the grievance shall be made in writing by the department head, after conferring with the grievant, within fourteen (14) calendar days from receipt of the grievance. Step 3: If the grievance is not resolved in Step 2, appeal to Step 3 may be made by the grievant within ten (10) calendar days from the receipt of the department heads answer, through the representative of his/her Recognized Employee Organization who may request a meeting with the City Representative to resolve the grievance. Following the meeting, answer shall be made by the City Representative, in writing, to the representative within twenty-one (21) calendar days. Step 4: If the grievance is not resolved in Step 3, appeal to Step 4 may be made by the grievant within 20 calendar days of receipt of the City Representative's answer. The grievant may, through the representative of his/her Recognized Employee Organization request, in writing, a hearing before the Civil Service Board. At the next regularly scheduled meeting of the Civil Service Board the grievance shall be heard, using Civil Service Board DeNovo procedures. Within 20 calendar days of the hearing the Civil Service Board shall issue . its findings and conclusions to the parties at interest. Within 7 calendar days of the issuance of Civil Service Board findings and conclusions the City Manager shall affirm, modify or revoke the Board's decision. The City Manager's decision shall be considered exhaustive of administrative remedies. F. Performance Evaluation 1. PREPARATION: Review the employees previous evaluation and identify changes in performance. All performance evaluations shall be based on the job description. The City shall maintain the job description in a manner which reflects the current duties and responsibilities of the job. The City will make copies of the current job description available to each employee upon request. 2. COMPLETION OF THE RATING: Review any documentation and discuss its relationship to the performance ratings assigned for the current rating period. Assign ratings to each item on the form, basing them on factual information or upon observable 18 0 0 behavior. Write narrative information and examples to support the ratings, especially those that are weak or strong or have changed from the previous evaluation. 3. REVIEW PROCESS: The evaluation must be approved by the rater's Department Head prior to presentation to the employee. Present the evaluation to the employee in an environment conducive to clear communication. Attempt to resolve items in dispute in a factual manner. Conclude by presenting the rating criteria for the next rating period. Any changes resulting from the review must be approved by the rater's Department Head prior to completion. 4. POST REVIEW PROCESS: The employee is given a copy of the final rating when Department Head review is completed. Evaluations with an overall rating of Improvement Needed or Unsatisfactory may be appealed at the discretion of the employee at step two of the Grievance Procedure. The employee may attach a rebuttal to any evaluation prior to its placement in his/her permanent personnel file. 5. RATING SCHEDULE: Employees may receive a performance evaluation at any time, but all employees will receive at least one performance evaluation annually in coordination with their anniversary date. Any evaluation not rendered within 30 calendar days of its due date will be considered a Competent overall rating for any subsequent use or purpose. Additionally, the City and NBPTEA agree to expand the grievance procedure as it relates to performance evaluations and written reprimands, permitting them to be.appealed to the 4th step of the grievance procedure. G. Employee Handbook The City will prepare a handbook of rules, benefits, and policies to be distributed to all covered employees. 0 19 n E J K Reopeners The City and NBPTEA agree to, upon request of either party, reopen negotiations during the term of this agreement on the grievance procedure including the grievability of the performance evaluation process. Direct Deposit Effective October 1, 1997, all newly hired employees shall participate in the payroll direct deposit system. Continuing Discussions The City and NBPTEA agree to continue discussions on the revised performance evaluation systems and job descriptions. Commute Vehicles Within thirty (30) days of the ratification of this Memorandum of Understanding, the City and NBPTEA agree to reopen negotiations on the issue of commute vehicles assigned to Senior Public Works Inspector classifications. Executed this day of 1997: NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION By: Janice Manning, Negotiation Team By: By: By: Stephen Luy, President Gilbert Wong, Negotiation Team Margo Thompson,Negotiation Team 0 0 20 0 ATTEST: CITY OF NEWPORT BEACH Im Jan Debay, Mayor LaVonne Harkless, City Clerk APPROVED AS TO FORM: Robert H. Burnham, City Attorney CJ 21 0 EXHIBIT A 40 Professional Technical Classes Administrative Analyst Administrative Assistant Building Inspector I Building Inspector II Building Inspector, Senior Civil Engineer Civil Engineer, Associate Civil Engineering Assistant Code Enforcement Officer Code Enforcement Officer, Senior Code Enforcement Supervisor Computer Systems Technician Computer Applications Analyst/Trainer Engineering Technician I Engineering Technician II Engineering Technician, Senior Field Engineer GIS Analyst/Trainer GIs Technician Harbor Inspector Management Assistant MIS Technician MIS Technical Support Specialist Permit Technician Planner Planner, Assistant Planner, Associate Planner, Senior Programmer Public Works Inspector, Senior Survey Instrument Worker Survey Party Chief Traffic Engineering Technician Urban Forester 22 0