HomeMy WebLinkAbout2016-07 CC Reso - Adopting MOU for Management and Electrical Workers1
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RESOLUTION NO. 2016 -07
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING MEMORANDA
OF UNDERSTANDING BETWEEN THE CITY OF UKIAH AND THE MANAGEMENT AND
LOCAL 1245 OF THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
(IBEW) BARGAINING UNITS.
WHEREAS, the Employee /Employer Relations Officer and Human Resources Director
have met and conferred in good faith with representatives of the Management and Local 1245 of
the International Brotherhood of Electrical Workers (IBEW) Bargaining Units; and
WHEREAS, Memoranda of Understanding for the term of September 19, 2015, through
September 18, 2018, have been arrived at and agreed to by the parties; and
WHEREAS, said Memoranda of Understanding have been presented to the City Council
for its consideration.
NOW, THEREFORE, BE IT RESOLVED that the Memoranda of Understanding for the
Management and Local 1245 of the International Brotherhood of Electrical Workers (IBEW)
Bargaining Units attached in substantial form as Exhibits A & B are hereby adopted and the
Employee /Employer Relations Officer is authorized to enter into these Agreements.
PASSED AND ADOPTED this 3rd day of February 2016, by the following roll call vote:
AYES: Councilmembers Crane, Mulheren, Doble, Brown and Mayor Scalmanini
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
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Kristine Lawler, City Clerk
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Stephen G. Scalmanini, Mayor
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Exhibit A
MEMORANDUM OF UNDERSTANDING
Management Unit
2015 - 2018
This Memorandum of Understanding is entered into pursuant to the Meyers - Millias -Brown Act (California
Government Code Section 3500, et. seq.) and applicable ordinances and resolutions of the City of Ukiah, between
the City of Ukiah (hereinafter "City ") and the Management Unit (hereinafter "Unit "). As a result of meet and confer
sessions, the City and Unit have agreed to the following understandings.
1. TERM
The term of this Agreement shall be three (3) years, effective September 19, 2015, through September 18, 2018.
2. COMPENSATION
YEAR 1:
YEAR 2:
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YEAR 3:
Restoration of $499.33 /month flex dollars to all members employed as of the date of
adoption of this Agreement, retroactive to the first full pay period following September 19,
2015.
The equivalent of 2.5% of base salary will be added to monthly flex dollars to all members
employed as of the date of adoption of this Agreement, effective the first full pay period
following September 19, 2016, unless the local economic benchmark — consisting of total
revenue collected for property tax, sales tax and transient occupancy tax — falls below the
combined total for the past audited Fiscal Year of 2014/15. Should the audited revenues fall
below the benchmark, the increase will revert to the CPI calculation of the average of U.S.
City and SF- Oakland -San Jose figures for April, to a maximum of 2.5 %. In no case shall this
result in a decrease in compensation.
The equivalent of 2.5% of base salary will be added to monthly flex dollars to all members
employed as of the date of adoption of this Agreement, effective the first full pay period
following September 19, 2017, unless the local economic benchmark — consisting of total
revenue collected for property tax, sales tax and transient occupancy tax — falls below the
combined total for the past audited Fiscal Year of 2014/15. Should the audited revenues fall
below the benchmark, the increase will revert to the CPI calculation of the average of U.S.
City and SF- Oakland -San Jose figures for April, to a maximum of 2.5 %. In no case shall this
result in a decrease in compensation.
3. HEALTH INSURANCE CONTRIBUTION
NEW HIRES: Effective upon adoption of this Agreement, all new hires will receive up to $1,283.82 per
month towards the Unit member's health, dental, and vision insurance premiums, based upon actual
enrollments. For Unit members electing "employee- only" coverage the City will pay the employee -only
premiums plus $200.00 /month, not to exceed the $1,283.82/month maximum. Unit members who show
proof of other health insurance coverage and "opt out" of the City health plan will receive
$200.00 /month. New employees (hired after adoption of this Agreement) will not be eligible to elect flex
dollars.
CURRENT EMPLOYEES: Effective upon adoption of this Agreement, existing unit members who are
currently enrolled in the City's health, dental, or vision plan may elect to receive the monthly health
insurance contribution up to $1,282.83/month IN LIEU OF receiving flex dollars as described above. In
exchange for this benefit, existing unit members agree to decrease their current Management Incentive
Pay hours from 120 hours to 80 hours /fiscal year, to reflect industry standard and achieve savings in
Exhibit A
PERS liability. Management Pay hours may be taken as leave or cashed out by the employee (referred
to as "Executive Leave "), and would therefore become non -PERS reportable. Once existing employees
make the election to convert from flex dollars to the monthly health contribution, flex dollars will no
longer be available to them.
After July 1, 2016, Unit members not currently enrolled in the City's health plan may enroll in City health
plans during the first or any Open Enrollment period, or qualifying event, during the term of this
agreement. Once enrolled in the plan, Unit members will no longer be eligible for the flex plan.
Current Unit members receiving flex dollars who do not elect to receive the monthly health contribution
of up to $1,283.82 will continue to receive flex dollars, and their Management Incentive Pay hours will
remain at 120 hours per fiscal year, cash -out only, and PERS - reportable.
4. MANAGEMENT INCENTIVE PAY
Effective upon adoption of this Agreement, all new hires will receive 80 hours /fiscal year of "Executive
Leave" hours, in lieu of Management Incentive Pay. These hours may be taken as leave or cashed out,
and are not PERS reportable special compensation.
Existing employees will continue to be eligible for Management Incentive Pay of 120 hours /fiscal year,
which will be reported to Cal -PERS as special compensation. Existing employees who elect to convert
from receiving "flex dollars" to a monthly health contribution will no longer receive Management
Incentive Pay. Upon election of the monthly health contribution they will receive 80 hours /fiscal year of
"Executive Leave ", which may be taken as time off or cashed out. These hours are not PERS-
reportable compensation. This is a one -time election that may not be reversed by Unit members.
Unit members electing to convert from flex dollars to monthly health contribution, who have previously
cashed out their Management Incentive Pay for fiscal year 2015 -16 will implement the decrease in
hours from 120 to 80 /hours per fiscal year and conversion to non -PERS reportable "Executive Leave"
effective July 1, 2016.
5. RE- OPENER FOR HEALTH INSURANCE FOR HEALTH, VISION AND DENTAL CONTRIBUTIONS
FOR NEW HIRES:
During the term of the Agreement, by mutual consent, the City and the Unit may explore standardizing
health, dental, and vision contributions for new hires.
6. CONTINUATION
The City and the Unit agree that all conditions of employment established by City policy, including all conditions
affecting wages, hours, and working conditions that are not specifically addressed in this Memorandum of
Understanding, shall continue in effect and shall not be affected by the terms of this Memorandum of
Understanding.
The value or availability of the benefits provided in the Memorandum of Understanding as originally worded or
as amended from time to time may depend on their tax treatment by the state or federal government or the
decisions of other government agencies or departments, such as, but not limited to, the Public Employees
Retirement System. The City will endeavor to obtain the most favorable treatment legally possible from these
other governmental entities. However, the City makes no representation concerning the value of such benefits
to unit members or how they will be taxed or otherwise treated by other agencies or departments. The City's
obligations under this Memorandum of Understanding are limited to the direct cost of providing the salary and
benefits as described in the Memorandum of Understanding. The City shall have no additional financial
obligation, even if the tax or other treatment of such salary or benefits by other agencies or departments
reduces or eliminates their value to the employee.
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Exhibit A
This Memorandum of Understanding is ratified and adopted pursuant to the recommendations of the following
representatives this _ day of February, 2016.
CITY OF UKIAH MANAGEMENT UNIT
Sage Sangiacomo Kerry Randall, Facilities Administrator
City Manager
3:MOU /Management Unit 2015 -2018
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Rick Seanor, Dep. Director of Public Works
I MEMORANDUM OF UNDERSTANDING
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Exhibit B
CITY OF UKIAH
And
LOCAL 1245 of the
International Brotherhood of Electrical Workers
2015 - 2018
TABLE OF CONTENTS
I. Recognition 3
II. Hours of Work/Overtime 6
III. Salary Plan 7
IV. Career Step Program 15
V. Health & Welfare Benefits 16
VI. Flex Plan 18
VII. Public Employees Retirement System 18
VIII. Meals 19
IX. Educational Reimbursement 20
X. Travel Reimbursement 20
XI. Holidays 20
XII. Vacation Schedule 21
XIII. Sick Leave 21
XIV. Leaves of Absence 22
XV. Worker's Compensation 24
XVI. Safety 24
XVII. Discipline 25
XVIII. Probationary Period 25
XIX. Job Vacancies 25
XX. Demotion & Lay -Off 26
XXI. Management Rights 27
XXII. Continuation 29
XXIII. Waiver & Finality 29
XXIV. Separability 29
XXV. Term 29
Appendix A - Electric Unit Classifications 31
Appendix B - Electric Unit Salary Schedule 32
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MEMORANDUM OF UNDERSTANDING
CITY OF UKIAH
LOCAL 1245
of the INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
PREAMBLE: This Memorandum of Understanding (MOU) is entered into pursuant to the Meyers- Millias-
Brown Act (Calif. Gov't Code §3500 et seq.) and applicable ordinances and resolutions of the City of Ukiah,
between the City of Ukiah (hereinafter "City ") and the Local 1245 of the International Brotherhood of Electrical
Workers, Local 1245 (hereinafter "Local 1245" ). As a result of meet and confer sessions, the City and Local
1245 have agreed to the following understandings.
I. RECOGNITION
1.1 The City of Ukiah formally acknowledges the Local 1245 of the International Brotherhood of Electrical
Workers as the sole recognized employee organization and exclusive representative for employer - employee
relations matters of those job classifications set forth in Appendix A to this Agreement.
1.2 Union may use portions of City bulletin boards under the following conditions:
a. All materials must receive the approval of the Director of Personnel in charge of the departmental
bulletin board.
b. All materials must be dated and must identify the organization that published them.
c. The actual posting of materials will be done by the City as soon as possible after they have been
approved. Unless special arrangements are made, materials posted will be removed 31 days after the
publication date. Materials, which the department head considers objectionable will not be posted,
provided however, the department head shall first discuss this denial with the City Manager.
d. The City reserves the right to determine where bulletin boards shall be placed and what portion of them
are to be allocated to employee organizations materials.
e. An employee organization that does not abide by these rules will forfeit its right to have materials posted
on City bulletin boards
1.3 Reasonable access to employee work locations shall be granted officers of the Union and their officially
designated representatives, for the purpose of processing grievances or contacting members of the organization
concerning business within the scope of representation. Such officers or representatives shall not enter any
work location without the consent of the Department head or the Municipal Employee Relations Officer.
Access shall be restricted so as not to interfere with the normal operations of the department or with established
safety or security requirements.
Solicitation of membership and activities concerned with the internal management of an employee
organization, such as collecting dues, holding membership meetings, campaigning for office, conducting
elections and distributing literature, shall not be conducted during working hours.
1.4 Only a formally recognized employee organization (ie. Local 1245 of the International Brotherhood of
Electrical Workers) may be granted permission by the Municipal Employee Relations Officer to have the
regular dues of its members deducted from their paychecks, in accordance with the procedures prescribed by the
Municipal Employee Relations Officer. Provided however, this shall not preclude the continuation of dues
check -off heretofore granted to any employee organization.
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Dues deduction shall be for a specified amount and shall be made only upon the voluntary written authorization
of the member. Dues deduction authorization may be cancelled and the dues check -off payroll discontinued at
any time by the member upon voluntary written notice to the Municipal Employee Relations Officer. Dues
deduction authorization or cancellation shall be made upon cards provided by the Municipal Employee
Relations. Officer. Dues deduction may be continued only upon voluntary written authorization of the member
for a period time not to exceed one year. Employee payroll deduction authorizations shall be in uniform
amounts for dues deductions.
The employee's earnings must be regularly sufficient after other legal and required deductions are made
to cover the amount of the dues check -off authorized. When a member in good standing of the formally
recognized employee organization is in a non -pay status for an entire pay period, no dues withholding will be
made to cover that pay period from future earnings nor will the member deposit the amount with the City which
would have been withheld if the member had been in a pay status during that period. In the case of an
employee who is in a non -pay status during only a part of the pay period and the salary is not sufficient to cover
the full withholding, no deduction shall be made. In this connection, all other legal and required deductions
have priority over Union dues.
Dues withheld by the City shall be transmitted to the officer designated in writing by the employee
organization as the person authorized to receive such funds, at the address specified.
All employee organizations that receive dues check -off shall indemnify, defend, and hold the City of
Ukiah harmless against any claims made and against any suit instituted against the City of Ukiah on account of
check -off of employee organization dues. In addition, all such employee organizations shall refund to the City
of Ukiah any amounts paid to it in error upon presentation of supporting evidence.
1.5 Agency Shop
The following Agency Shop provisions shall apply to all employees represented by Local 1245 of the
International Brotherhood of Electrical Workers.
DUES /FEES
A. Any employee of the City in a classification represented by the Union who is not on leave of
absence shall, as a condition of continued employment and within ninety days of his/her date of hire, become a
member of the Union, or pay the Union a service fee in an amount not to exceed periodic dues and general
assessments of the Union. Such amounts shall be determined by the Union and implemented by the City in the
first payroll period which starts 30 days after written notice of the new amount is received by the City.
B. Any employees who permanently fill an Local 1245- represented position after 01- 28 -03, are subject
to the agency shop /conscientious objector fee provisions whether or not they had been City employees prior to
01- 28 -03.
RELIGIOUS OBJECTIONS
Any employee who is a member of a bona fide religion, body, or sect which has historically held
conscientious objections to joining or financially supporting public employee organizations shall not be
required to join or financially support the organization. Such employee shall, in lieu of periodic dues or agency
shop fees, pay sums equal to said amounts to a non - religious, non -labor charitable fund exempt from taxation
under Section 501(c)(3) of the Internal Revenue Code, which has been selected by the employee from the
following: the United Way, the Heart Fund, or the Lung Association.
Such payments shall be made by payroll deduction as a condition of continued exemption from the
requirements of financial support to the Union and as a condition of continued employment.
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UNION RESPONSIBILITIES
A. The Union shall keep an adequate itemized record of its financial transactions and shall, by April 1
of each year, make available to the City, and to all bargaining unit employees, a detailed written
financial report for the fiscal year ending the preceding December 31, in the form of a balance sheet
and an operating statement, certified as to its accuracy by its president and the treasurer or
corresponding principal officer, or by a certified public accountant.
B. The Union certifies to the City that it has adopted, implemented, and will maintain procedures in
accordance with applicable statutes, any decisions by a court of competent jurisdiction, and any
other applicable legal authority.
C. Hold Harmless: The Union agrees to indemnify and hold the City harmless against any and all
liability including but not limited to such items as wages, damages, awards, fines, court costs, and
attorney fees which may arise by reason of the result of the operation of this Article.
CHANGE OF LAW
In the event there is a change in the law whereby any provision hereof becomes invalid or if for any
reason any provision of this Article is rendered unlawful by any published appellate court decision, the parties
hereto shall meet - and - confer within thirty (30) days to negotiate a substitute provision which conforms to said
law or court decision.
DISCIPLINE PROCEDURE
No employee shall be terminated under this Article unless:
A. The Union first has notified the employee by letter, explaining that he /she is delinquent in tendering
the required service fee, or payment in lieu of service fee pursuant to subsections 2 and 3 above,
specifying the current amount of the delinquency, and warning the employee that unless such service
fee, or payment in lieu of service fee, is tendered within thirty (30) calendar days, the employee will
be reported to the City for termination as provided in this Article; and
B. The Union has furnished the City with written proof that the procedure of subsection 6.A, above has
been followed, or has supplied the City with a copy of the letter sent to the employee and notice that
he /she has not complied with the request. The Union must further provide, when requesting the City
to terminate the employee, the following written notice:
"The Union certifies that (Employee's Name) has failed to tender the agency shop
service fee, or payment in lieu of service fee, required as a condition of employment under this
Agreement and that under the terms thereof the City shall terminate the employee."
An Agency Shop Election by secret ballot was conducted by the State of California Department of Industrial
Relations Mediation and Conciliation Service on March 18, 2003 for all employees in the classifications within
the Unit who were employed during the payroll period ending February 2003. By majority vote an Agency
Shop arrangement resulted which requires all employees represented by Local 1245 of the International
Brotherhood of Electrical Workers, as a condition of continued employment, to either join Local 1245 of the
International Brotherhood of Electrical Workers and pay union membership dues or pay Local 1245 of the
International Brotherhood of Electrical Workers a service fee (agency fee) for representation.
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II. HOURS OF WORK/OVERTIME
2.1 The regular workweek is defined as seven (7) consecutive days, Sunday through Saturday, in which an
employee normally works his /her 40 hours. Flex schedules may be authorized upon approval by the
Department Head and the City Manager.
2.2 Overtime
Non - exempt employees receive one and one -half times their regular hourly rate of pay for time actually worked
in excess of 40 hours in their designated workweek. The hourly rate of pay shall be determined by dividing the
regular weekly salary by 40. Overtime is charged in one -half hour increments, with any time worked from 1 to
30 minutes credited as one -half hour of overtime.
2.3 CTO
Compensatory time off may be taken at straight time during the workweek. If used after the workweek in
which it was earned, it is taken at time and one -half as agreed by the employee and Department Head. No
employee shall accumulate more than 48 hours of compensatory time.
2.4 Call -Back
Callbacks are paid at a two hour minimum at time and one half pay. The second callback is paid at actual time
worked with a one -hour minimum at time and one -half pay, as long as the second callback is not within the first
callback timeframe.
2.5 Standby
a. Standby pay is at the rate of two hours pay at straight time on weekdays and four hours pay at straight
time on weekends and holidays.
b. Vehicle Usage: No City vehicle shall be routinely assigned to employees. When called in on standby,
employees will be reimbursed for mileage in accordance with the City's current travel reimbursement policy.
An employee called back to work from standby shall receive a $5.00 stipend for each call -back.
2.6 Rest Period Agreement
The following language concerning the definition of rest period for extended overtime has been agreed upon as
follows:
1. Any employee in this Unit who has worked eight hours or more at the overtime rate during the
15 -1/2 -hour period immediately preceding the beginning of his regular work hours on a workday shall
be entitled to a rest period of eight consecutive hours on the completion of such overtime work.
2. There shall be included as part of the eight hours worked at the overtime rate in such 15 -1/2 -hour
period any travel time and mealtime to which an employee is entitled.
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3. If the eight hour rest period in part or in whole overlaps the employee's regular work period, the
employee shall receive the straight time rate for the extent of the overlap except that the time taken
during such overlap for any meal to which they are entitled for overtime hours worked shall be paid at
the applicable overtime rate.
4. If the employee is called back to work during the first six hours of the rest period, a new rest
period shall commence at the end of such work.
5a. If the rest period overlaps his/her regular work hours, but does not extend to the second half of
the workday, the employee shall be excused with pay at the regular rate until the next full hour of his/her
regular workday.
b. If the rest period overlaps the second half of the regular workday, the employee shall be
excused with pay until the next full hour of his/her next regular shift.
6. An employee entitled to the rest period may nevertheless be required to work during the regular
work hours on a workday without having said rest period, in which event, employee shall be paid at two
(2) times the straight -time rate for all work performed until he /she has been relieved from duty for at
least eight (8) consecutive hours.
7. If the person on call works past the 16 -hour limit and is entitled to the aforementioned rest
period, he /she shall be relieved from call by the supervisor until said rest period is concluded. Calls
shall be routed to the supervisor, who then shall dispatch according to the needs of the department.
2.7 On -Call and Stand -By Response
All employees of the Electric Unit that are scheduled to be on Standby Duty or On -Call status during their
rotational work week will be required to reside, either permanently or temporarily within a zone allowing
response to the City of Ukiah Corporation Yard within 35 minutes of notification to respond.
III. SALARY PLAN
3.1 Salary Plan
Year 1: 5% restoration to base salary of 2013 salary concession effective the first full pay period following
September 19, 2015.
Year 2: 2.5% increase to base salary, effective the first full pay period following September 19, 2016, unless
the local economic benchmark — consisting of total revenue collected for property tax, sales tax and transient
occupancy tax — falls below the combined total for the past audited Fiscal Year of 2014/15. Should the audited
revenues fall below the benchmark, the increase will revert to the CPI calculation of the average of U.S. City
and SF- Oakland -San Jose figures for April, to a maximum of 2.5 %. In no case shall this result in a decrease in
compensation.
Year 3: 2.5% increase to base salary, effective the first full pay period following September 19, 2017, unless
the local economic benchmark — consisting of total revenue collected for property tax, sales tax and transient
occupancy tax — falls below the combined total for the past audited Fiscal Year of 2014/15. Should the audited
revenues fall below the benchmark, the increase will revert to the CPI calculation of the average of U.S. City
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and SF- Oakland -San Jose figures for April, to a maximum of 2.5 %. In no case shall this result in a decrease in
compensation.
3.2 Cost Sharing Agreement
For FY 2013 -14 and 2014 -15 the Unit agreed to an ongoing 5% salary concession and the City agreed to restore
and refund an amount equivalent to a portion of revenue if actual revenues exceed adopted budgeted revenues
in the General Fund according to the formula listed in the sections below. Given that the formula is based on
fiscal year audited revenues, the provisions of this section shall remain in full effect beyond the two year term
of this agreement until the audit is completed and available for the purposes of implementing this section of the
MOU. The total 5% salary concession for this Unit on an annual basis is $64,555.24.
This provision provides for the restoration and refund of the concession amount should the total audited
revenues of each fiscal year corresponding to the term of this agreement exceed the adopted budgeted revenues
of the General Fund for Fiscal year 2013 -14 by $100,000 or more.
• The City shall restore an amount equivalent to a percentage calculated by taking the difference in
audited revenue for each corresponding year of this MOU and the base year revenue adopted in the FY
2013 -14 General Fund budget and dividing the absolute value by the adopted General Fund FY 2013 -14
identified deficit. This shall occur the first full pay period following the City Council's receipt of the
audit.
EXAMPLE:
(Audited GF Revenue' - Base Year Adopted FY 13 -14 GF Revenue2) = "% of Concession Returned"
Adopted FY 2013 -14 GF Deficit3
'Audited GF Revenue for the corresponding agreement year
2 Base Year GF Revenue as identified in the adopted FY 13 -14 Budget ($14,375,555), Page ES -6
3 GF Deficit as adopted in FY 13 -14 Budget ($978,894)
• The concession restoration amount will be applied to base salary at an amount equivalent to the
calculated percentage multiplied to the base salary of each Unit member up to an amount that shall not
exceed the concession amount.
• Furthermore, the City shall refund in a lump sum payment to each Unit member the concession amount
in part retained by the City over each corresponding fiscal year of the term of this MOU if audited
revenues exceed the base year revenue. The lump sum payment shall be equal to the calculated
percentage from the formula above multiplied by the base salary received during the same term.
• In accordance with Ca1PERS law, this payment will not be reported as "pay rate" or "special
compensation" and will not be reported to Ca1PERS for the purposes of pension calculations.
This language reflects the current 2013 -14 Fiscal Year City of Ukiah budget methodology. If the City
changes the way revenue is accounted, the Unit will be notified in writing and the City shall meet and confer
with the Unit to develop equivalent methodology for determining General Fund revenue.
Audited revenue is subject to review by the Unit and City staff. Any discrepancies will be identified by the
Unit and shall be submitted to the City. Discrepancies identified by the Unit will be reviewed by the City
and shall by applied for the purposes of this provision as agreed to by the City and Unit.
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The audited revenues are typically found on "Schedule I — General Fund Schedule of Revenues,
Expenditures and Changes in Fund Balances — Budget and Actual for the Year Ended June 30, " in the
Audited Financial Statements.
Year 1— Example 1 ($64,555.24 x 3/12 of a year, based on the 4/02/2014 MOU Adoption Date)
$14,456,000 - $14,376,000* = $80.000 = 0% Concession Restored
$978,894
*Rounded for purpose of illustration
Year 1— Example 2
$14,876,000 - $14,376,000 = $500,000
$978,894
Year 2 — Example 1
.5108 or 51.08% of
Concession Restored
($8,243.49)
$14,436,000 - $14,376,000 = $60,000 = 0% Concession Restored
$978,894
Year 2 — Example 2
$15,076,000 - $14,376,000 = $700,000
$978,894
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.7151 or 71.51% ($46,162.98)
of Concession Restored, which
includes the 51.08% in the
Year 1 Example
CITY OF UKIAH
SUMMARY BY ACTIVITY OR FUNCTION
FISCAL YEAR 2013 -2014 BUDGET
FUND
#
FUND
NAME
7/1/20013
FUND
BALANCE
REVENUE
EXPENSE
NET
INCOME
(LOSS)
NET
TRANSFERS
IN (OUT)
6/30/2014
FUND
BALANCE
G
General Fund 500,000
14,375,555
15,354,449
(978,894)
978,894
500,000
GR
Strategic Reserve 4,566,739
-0-
19,000
4,247,439
(978,894)
3,568,844
R
Other Grant & Restricted Use Funds 1,244,015
3,307,177
5,166,640
(1,859,463)
-
(615,448)
E,W,S
Utilities 28,294,826
27,123,887
34,128,665
(7,004,778)
2,193,186
23,483,234
LF, A, P, M, B, L, CC
Other Business Activities -0-
2,578,307
4,457,880
(1,879,573)
-0-
(1,879,573)
I
Internal Service Funds 957,894
2,979,553
3,476,794
(497,241)
(37,000)
423,653
C
Capital Project Funds 3,492,473
172,172
881,697
(709,525)
7,000
2,789,948
201,638
[Total City Funds 1
39,055,947
50,536,651
63,485,125
(12,948,474)
2,163,186
28,270,659
UTILITY AND OTHER BUSINESS ACTIVITIES DETAIL
E
Electric Utility
14,832,369
15,422,680
19,328,640
(3,905,960)
-
10,926,409
W
Water Utility
2,292,835
5,974,163
4,247,439
1,726,724
(250,000)
3,769,559
S
Sewer Utility
11,387,962
5,727,044
10,552,586
(4,825,542)
2,443,186
9,005,606
LF
Solid Waste Disposal
(251,779)
100,025
1,352,370
(1,252,345)
(1,504,124)
A
Airport
288,764
1,627,335
1,756,355
(129,020)
159,744
P
Parking
162,740
107,741
179,126
(71,385)
91,355
M
Museum
201,638
93,282
345,281
(251,999)
(50,361)
B
Golf
(1,015,519)
182,307
182,307
-
(1,015,519)
L
Street Lighting
408,228
176,095
328,989
(152,894)
255,334
CC
Conference Center
(12,411)
291,522
313,452
(21,930)
(34,341)
Total Utility And Other Business Activities Detail
28,294,826
29,702,194
38,586,545
(8,884,351)
2,193,186
21,603,661
Refer to the "Combining Fund Schedule" for a listing of the funds in each category
ES-6
CITY OF UKIAH
GENERAL FUND
SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES
BUDGET AND ACTUAL
FOR THE YEAR ENDED JUNE 30, 2012
Budgeted Amounts
Original Final
General
REVENUES
Schedule I
Variance With
Final Budget -
Positive
(Negative)
Taxes:
Property $ 745,056 $ 1,245,056 $ 1,213,479 $ (31,577)
Sales and use 6,333,756 8,333,756 6,465,410 131,654
Property transfer 33,700 33,700 24,770 (8,930)
Transient occupancy 691,108 691,108 775,547 84,439
Business license 315,291 315,291 325,674 10,383
Franchise 535,400 547,400 567,486 20,086
Licenses and permits 131,800 131,800 434,492 302,692
Fines, forfeitures, and penalties 52,662 52,662 46,960 (5,702)
From other agencies 1,374,988 1,374,988 1,350,289 (24,699)
Use of money and property 829,571 829,571 856,146 26,575
Charges for current services 892,204 892,204 1,146,590 254,388
Other 1,000 1,000 4,498 3,498
Total Revenues
)wXPENDITURES
11,936, 536 12,448, 536 13, 211,341 762,805
Current:
General govemment 1,728,729 2,231,319 1,817,593 413,726
Public safety 8,183,289 8,511,076 8,660,148 (149,072)
Streets and roads 927,891 942,321 1,087,896 (145,575)
Parks and recreation 1,840,654 1,845,654 1,970,035 (124,381)
Community development 98,255 225,755 67,839 157,916
Debt service 5,546 5,546 38 5,508
Capital outlay 149,329 173,641 46,593 127,048
Total Expenditures 12,933,693 13,935,312 13,650,142 285,170
Excess (Deficiency) of Revenues Over Expenditures (997,157) 1,486,776) (438,801) 1,047,975
OTHER FINANCING SOURCES (USES)
Transfers in
Total Other Financing Sources (Uses)
Net Change In Fund Balances
Fund Balances, July 1,
Fund Balances, June 30,
1,022,219 1,022,219 1,065,910 43,691
1,022,219 1,022,219 1,065,910 43,691
25,062 (464,557) 627,109 1,091,666
6,237,800 6,237,800 6,237,800
$ 6,262,862 $ 5,773,243 $ 8,864,909 $ 1,091,666
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3.3 Salary Plan Administration
Employees occupying a position in a classification covered by this Memorandum of Understanding shall be
paid the base salary range specified for their classification, as contained in Appendix `B" entitled "Salary
Ranges Effective ", attached hereto and incorporated herein, setting forth the salary ranges.
3.4 Salary Plan - Original Appointment
Salary ranges have been developed for each classification. Each salary range consists of a schedule of steps
with a 5% differential between steps. These steps provide increases based on time in the position and on level
of performance. Upon being hired at Step A of a pay range, the City will consider an increase to Step B on or
after the first six months, if performance is satisfactory. Employees may be hired at steps higher than A, based
on prior experience.
3.5 Promotion
Employees promoted from one classification to another shall receive at least the next higher pay step than that
which the employee was earning. If the employee would have received a step increase in their previous
position within six months of the promotion, they will receive at least 5% higher than that step increase upon
promotion.
The City Council will adopt and revise as necessary the Classification and Pay Plans as recommended by the
City Manager. The City Manager may make revisions to job descriptions that do not significantly change the
nature of the job without City Council approval.
3.6 Electric Unit Classification Salary Steps
a. Effective July 1, 1990, the Lineman/Linewoman and Electrical Sub - Supervisor position classifications
shall spend only six months at Steps A, C, and D before being eligible for step advancement. Step B has been
eliminated. Advancement is dependent upon successful and satisfactory performance evaluations and upon
recommendation by the Department Director.
b. Employees must serve at least one year in each of Steps B through D before they may be considered for
a higher step. Each year, until you reach the top of the pay range for your classification, your performance will
be evaluated and a step increase considered by your supervisor. Step increases are not automatic but are based
on satisfactory service, performance rating and recommendation by your Department Head. The City Manager
may grant an increase to a higher step based on exceptional performance.
3.7 Lineman Apprentice Program
The Apprentice Program was established as a career path advancement for a Groundperson who qualifies for
training through the program to become a Step E Lineman/Linewoman. Apprentice positions will only be
considered when a new Lineman position has been created or a vacancy exists. An Apprentice position will be
created solely at the discretion of the Director and the approval of the City Manager.
A. Qualifications
The Program duration will be forty -two months. However, the program can be completed with a
minimum of thirty months with the satisfactory completion of testing and performance reviews.
Applicants who have 18 months experience as a Groundperson, with at least 1 year employed in the
City's Electric Department of the Groundperson position will be considered for the Apprentice Program.
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1
As recommended by the Electric Utility Director and approved by the City Manager, the time in position
and experience required may be decreased to a minimum of six (6) months.
B. Selection
Should more than one candidate be eligible for the Apprentice Program, applicants will be selected
through the city's current bid and interview process.
C. Advancement
When chosen as an apprentice, the applicant will be advanced to a Step D Apprentice Line Attendant
and will receive the corresponding salary increase. The apprentice will receive a performance review
every six months. If the applicant satisfactorily completes the program they will advance as follows:
Step D Apprentice Line Attendant
Step E Apprentice Line Attendant
Step D Lineman/Linewoman
Step E Lineman/Linewoman
One Year
One Year
Six Months
If the Apprentice does not receive a satisfactory performance review, they will be required to repeat the
current six -month training period, without a salary increase.
D. Apprentice Salary Increases
The Apprentice will be reviewed every six months. However, salary increases will be made only at the
satisfactory completion of Step D Apprentice Lineman/Linewoman, Step E Apprentice
Lineman/Linewoman, and Step D Lineman/Linewoman.
3.8 Apprenticeship Certification Program
The City will provide the State with the documentation necessary for State certification of the Department's
Apprentice Program.
3.9 Working Out of Class
The City will pay 5 %, or Step A, whichever is greater, for represented employees who are assigned to work at a
higher level of classification whenever the employee works a minimum of four (4) hours in a work day or shift.
The City will pay 10% for properly and formally assigned working out of classification, whenever the employee
works a minimum of four (4) hours in a workday or shift, for those employees who have been assigned in the
out of classification capacity for a cumulative total of one year or more.
a. Employees working out of class for a period of one month (30 calendar days) or longer will be
paid holidays and sick leave of one week or less in duration at the out of class differential rate after the 30th
day.
b. Employees working out of class in exempt positions will be paid overtime earned at the Out of
Class rate, until they have worked out of class continuously for one month (30 calendar days), after which time
overtime will no longer be paid.
3.10 Payroll /Timesheets
The pay period is Sunday through the second Saturday. Paychecks are issued every other Friday, reflecting the
two -week pay period ending the previous Saturday. Time sheets must be turned in to Payroll no later than 9:00
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a.m. on pay week Monday for employees not working the weekend, and Noon of pay week Monday for those
working the weekend. PAF's are due in the Payroll Office the week prior to pay week. Time sheets must be
signed by the employee and supervisor /designee. If the time sheet is not completely signed, checks will be held
in the Payroll Office pending signature. Deductions will be taken for the required federal and state taxes,
employee authorized deductions, or court ordered garnishments.
Checks will be distributed on Friday to the employees or to the Department Heads or their designated
representative, who will, in turn, distribute checks to all employees. No exceptions can be made to this policy
without City Manager approval. No checks will be issued to anyone other than the designated employee, unless
prior written authorization has been given by the employee. Direct Deposit is available for all full -time and
year -round part-time employees. Contact the Payroll Office for more information. If payday falls on a holiday,
checks will be distributed on the working day immediately before the holiday.
For purposes of payroll, "base rate salary" is defined as the monthly base salary shown on the salary schedule
for the specific position and does not include variable items, such as longevity, incentive pay, or overtime.
3.11 Salary Supplement
Employees hired on or before 6/30/86 shall receive a salary supplement of $388.24 payable with the first pay
warrant in December. Employees hired after June 30, 1986, shall not receive the salary supplement.
3.12 Longevity
Only employees hired prior to July 1, 1990 shall be eligible and grandfathered at the rate of 1% of salary after
seven years and an additional 2% for a total of 3% of salary after fourteen years.
3.13 High Voltage Electrical Rubber Gloving Certification*
As soon as administratively possible, but in no event more than sixty (60) -days after of approval of this
agreement, the City shall have provided High Voltage Rubber Glove Certification training for all classifications
within the Local 1245 Electric bargaining unit.
Upon completion of High Voltage Rubber Glove Certification training, Electric employees shall receive Rubber
Glove Certificate pay equivalent to six (6 %) percent of base salary effective the first full pay period following
the certification date for the High Voltage Rubber Glove incentive. (The Union to provide a draft of the City of
Ukiah High Voltage Rubber Gloving Manual.) Any employee, including current employees in the named
voluntary classifications and new hires, shall receive the six (6 %) effective the first full pay period following
the certification date.
*Non - electrical- worker classifications of Electrical Engineering Technician I -III and Electrical Utility
Technician I -II, which do not perform work in proximity to high voltage electrical conductors, or equipment,
shall be certified as Qualified Rubber Glove Observers, qualifying them as Qualified Electrical Workers in
order to qualify for the six (6 %) High Voltage Electrical Rubber Glove pay.
The City shall provide any necessary High Voltage Rubber Glove refresher training for all employees, and High
Voltage Rubber Gloving Certification Training for future hire Local 1245 Bargaining Unit employees. All
employees hired after April 2, 2014 (MOU Adoption Date) shall be required to obtain Rubber Glove
Certification within 60 days following their date of hire, subject to the City providing said training within that
timeframe.
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The exception to mandatory Rubber Glove Certification is as follows: Employees in the classifications of
Electric Engineering Technician and Electrical Utility Technician shall have the individual choice whether or
not to obtain the Rubber Glove Certification. If a new employee is hired and has the Rubber Glove
ICertification as of their date of hire, they shall receive the 6% certificate pay effective on their date of hire.
All class specifications shall be amended to reflect the Rubber Glove Certification requirement, with the
exception of the two classifications noted above that will be amended to note the individual employee choice.
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IV. CAREER STEP PROGRAM
The "Career Step Program" that the City has offered to other bargaining units is extended to members of the
Electric Unit.
The City of Ukiah values its long -term employees and desires to reward continued exemplary performance for
employees beyond their achievement of E Step in their individual job classification. The Career Step Program
is designed to provide a monetary incentive and motivation for continued good performance and high
achievement throughout an employee's career with the City.
4.1 Eligibility
Regular, full -time employees who have completed 7 years of service with the City of Ukiah and have attained E
Step with "3" (meets expectations) or above rating on their most current annual performance evaluations are
eligible to apply for the first career step increase.
4.2 Provisions
1. a. Employees who have completed 7 years of service will be eligible to apply on their performance
evaluation date for a career step increase of 1 %, if their performance evaluation is "3" (Satisfactory) or above.
b. Employees who have completed 14 years of service will be eligible to apply on their
performance evaluation date for a career step increase of 2% (for a total of 3 %), if their performance evaluation
is "4" (very competent) or above.
c. Employees who have completed 21 years of service will be eligible to apply on their
performance evaluation date for a career step increase of 2% (for a total of 5 %), if their performance evaluation
is "4" (very competent) or above rating.
2. Employees may request a pre - evaluation meeting with their Supervisor up to 6 months before their
annual evaluation date for the purpose of discussing the employee's current job performance, goals set during
the last evaluation period, and any areas potentially in need of improvement. This meeting will provide the
employee and the Supervisor an opportunity to discuss performance issues and address solutions prior to the
annual evaluation.
3. Employees who have applied for a career step increase and are denied due to their performance level
will be given specific standards of performance to achieve. They may then re -apply on their performance
evaluation date the following year for their career step.
I4. After receiving a career step increase, if any performance evaluation falls below the minimum
performance rating required for that level, the last percentage increase will be lost. Example: If an employee
has received their additional 2% at the end of 14 years of service, and falls below the "4" (very competent) level
in their next performance evaluation, they will only lose the last percentage received, or 2% in this case. If
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lost, the employee will be given standards of performance to achieve and may re -apply within six months to
reinstate that career step level.
5. An employee may appeal the denial of their career step application or the loss of the current career step
payment to the City Manager. The City Manager will meet with the employee and the Supervisor in order to
make a final determination on the appeal.
6. Employees cannot receive both longevity and career step pay. Any employee eligible for longevity will
be required to make a determination as to which program they prefer and sign a PAF to that effect.
V. HEALTH & WELFARE BENEFITS
5.1 All regular full -time employees are eligible to be enrolled in the following insurance programs. Part-
time employees working at least 32 hours per week are eligible to purchase City health, dental, and vision
benefits at their own cost.
Major Medical
Dental
Life Insurance
Vision Care
Prescription Drug Plan
Effective date of coverage depends on the health plan you choose. During certain designated months, you may
change from one plan to another. At retirement, employees with ten (10) or more years of service with the City
may continue health coverage by pre - paying the monthly premium to the City payroll office, in order to comply
with REMIF retirement insurance eligibility requirements, standardized for all REMIF cities. Employees
nearing retirement should check their individual health plan for years of enrollment in the plan prior to
retirement requirements. If you have a change in family status, such as the birth of a child, you must enroll your
new dependent within 30 days. Contact the Personnel Department immediately for any change in family status.
The plan specifics and carriers will change from time to time. If you have any questions regarding insurance,
please contact the Human Resources Department.
Workers Compensation Insurance is provided to all employees, regardless of status, immediately upon hire.
Effective upon ratification of this Agreement, and for incumbent employees electing to do so, the City will pay
up to $1,283.82 per month towards each Unit member's health insurance premiums, based upon actual
enrollments, in lieu of the current Section VI "flex dollars ". For incumbent employees electing "employee
only" coverage, the City will pay the employee -only premiums plus $200.00 a month, not to exceed the
$1,283.82. Incumbent employees not electing this contribution will remain on the existing flex plan.
After July 1, 2016, Unit members not currently enrolled in the City's health plan may enroll in City health plans
during the first or any Open Enrollment period, or qualifying event, during the term of this agreement. Once
enrolled in the plan, Unit members will no longer be eligible for the flex plan.
Upon ratification, all new hires will be eligible for the health contribution up to $1,283.82 per month, based
upon actual enrollments and not eligible for the flex plan. For new hires electing "employee only" coverage,
the City will pay the employee only premiums plus $200.00 a month, not to exceed the $1,283.82.
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New hires and incumbent employees who have migrated to the contribution described herein who opt out of the
City's health coverage will receive monthly flex dollars of $200.00 in lieu of such benefits.
5.2 Health Plan Advisory Committee for Health, Vision & Dental Benefits /Contributions
The City will establish a Health Plan Advisory Committee to review and provide input relative to proposed
health and dental plans for employees. This Committee will consist of one representative from each of the
City's bargaining units.
During the term of the Agreement, by mutual consent, the City and the Union may agree to meet and discuss, in
good faith, health and welfare plans (including dental and vision), covering topics such as plan costs, plan
options and the potential standardization of such plans for existing and new employees, if applicable.
Should the City Manager, during the term of this agreement, convene the Health Benefit Advisory Committee,
the Union shall send two members and Union staff to participate provided 1) this process does not fulfill the
requirement to bargain; 2) the committee may make either consensus recommendations, alternative minority
recommendations, or no recommendations; 3) all bargaining units are invited to participate.
5.3 Section 125 Cafeteria Plan
Effective March 1, 1998, the City of Ukiah implemented a Section 125 Plan, also known as a Cafeteria Plan,
which may provide tax savings for employees through pre -tax premium payments and flexible spending
Iaccounts as allowed by IRS regulations. All full -time employees are eligible to participate in the Cafeteria Plan
and may enroll in any of the following options:
1. Pre -tax insurance premium payments
2. Flexible Spending Account for unreimbursed medical costs
3. Flexible Spending Account for dependent care costs
4. Pre -tax premium payments for miscellaneous insurance plans offered by the Cafeteria Plan
Administrator
The plan year for the Cafeteria Plan is July 1 through June 30 of each year. An open enrollment period will
occur each year in the month of January, at which time employees may elect or change any of the above
options. If there is a change in family status, you have 30 days in which to make a revision to your plan. For
further information on the Cafeteria Plan or reimbursement procedures for the Flexible Spending Accounts,
please contact the Personnel Department.
Those employees who choose not to have City health coverage must show proof of health coverage on another
Plan. An employee who is covered under a non -City health plan cannot enter a City plan unless they have a
qualifying event approved by the insurance carrier, or until the next regular open enrollment period of the health
plan.
5.4 REMIF Life Insurance
The City will pay the employee's portion of the REMIF $10,000 Life Insurance policy.
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5.5 Long -Term Disability
A Long -Term Disability Plan is available to all full -time employees and is paid by the employee. Participation
will be voluntary and automatic payroll deductions will be available for those that join the plan.
5.6 Employee Assistance Program (EAP)
All full -time employees and their eligible dependents are covered under the City's Employee Assistance
Program (EAP). The program offers a variety of benefits, such as marital and family counseling, financial
planning, drug and alcohol abuse counseling, and much more at no cost to the employee. Contact the Personnel
Department for more information.
5.7 Post - Retirement Medical Benefit Study
When the City of Ukiah completes the post- retirement medical benefits study for the Department Head Unit, a
copy of the study shall be provided to Local 1245/Electrical Unit.
VI. FLEX PLAN
6.1 For incumbent employees as described in Section 5.1 (added 01/2016), the City provides the employees
with a Flex Plan System as follows:
a. Effective January 1, 2011, flex dollars will be converted from the 11.5% of base salary plus
$100.00 per month to a dollar amount, and capped at that amount, to arrive at a flat monthly rate flex dollar
amount for existing employees, with a minimum of $750.00 per month. New employees will receive $750.00
per month flex dollars.
Insurance premiums will be deducted from Flex Plan dollars. Any Flex Plan dollars not used for insurance
premiums will automatically be included in the employee's paycheck.
Each employee will be given an Electric Unit Flex Plan form showing their total dollars available for the Flex
Plan and their insurance costs whenever there is a change.
Employees hired after ratification of the 2015 -2018 Memorandum of Understanding are not eligible to receive
flex dollars, but will receive a monthly health contribution as provided for in Section 5.1.
6.2 The City contribution to the Flex Plan System shall be investigated to determine if such contribution is
subject to PERS. If PERS determines the amount taken as cash or portion thereof is PERS -able, then the City
shall report the cash portion as "PERS- able" compensation.
VII. PUBLIC EMPLOYEES RETIREMENT SYSTEM
7.1 Pension Reform Act of 2013 (PEPRA)
The Public Employees' Pension Reform Act of 2013 (PEPRA) and related Public Employees' Retirement Law
(PERL) amendments in Assembly Bill (AB) 340 became law on September 12, 2012, and the provisions were
effective January 1, 2013.
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The Electric Unit and the City agree to implement all PEPRA provisions, and all applicable amendments
thereto. Effective January 1, 2013 Electric Unit employees defined by PEPRA as "new members" shall pay
I50% of the total normal cost for the new Miscellaneous PERS pension formula 2 %@ 62, which is currently
6.75% of reportable compensation, with a three -year final compensation period. "Classic members"
(employees hired prior to January 1, 2013) will retain the 2.7% @ 55 Miscellaneous PERS formula, 8%
member contribution (EPMC), with a one -year final compensation period.
The PEPRA defines a" new member" as : a) A new hire who is brought into Ca1PERS membership for the first
time on or after January 1, 2013, and who has no prior membership in any California public retirement system;
b.) A new hire who is brought into Ca1PERS membership for the first time on or after January 1, 2013, and who
is not eligible for reciprocity with another California public retirement system; c.) A member who first
established Ca1PERS membership prior to January 1, 2013, and who is rehired by a different Ca1PERS
employer after a break in service of greater than six months.
VIII. MEALS
8.1 The City will provide meals for employees as described below. All meals earned will be
paid/reimbursed at $16.00 per meal. Meals earned and not taken will result in a missed meal payment of thirty
minutes pay at the appropriate overtime rate plus $16.00.
If an employee is required to work two (2) or more hours before regular starting time, the City will provide such
an employee with a meal.
IIIf an employee is called in on an emergency call out more than two (2) hours before regular starting time, the
City will further provide such employee with lunch.
1
If the City requires an employee to perform work for one and one -half (1 -1/2) hours beyond regular quitting
time, the City will provide such employee with a meal and shall continue to provide meals at four (4) hour
intervals until the employee is dismissed from work.
If an employee is called in on an emergency call -out the City will provide such employee with a meal at four (4)
hour intervals until the employee is dismissed from work.
When an employee is pre - arranged to work on a non - workday or outside of normal work hours, the City will
provide meals at intervals as described for workdays. The cost of such meals and the time taken to consume
them shall be at the City's expense and shall be taken at a restaurant acceptable to the City and the employees
within the City limits unless no restaurant is open at the time provided for the meals to be taken.
8.2 Store Stops
Employees may make store stops, at the nearest convenient store, during their breaks for the purchase of
refreshments, snacks, and medicine during their normal and overtime work hours upon express consent of their
immediate supervisor. Loitering or consumption of the purchased items on the premises is not permitted, and
employees are responsible, along with their supervisors, for policing this policy. Continued abuse will be
reported to the supervisor; an employee with more than two violations may lose the store stop privilege for six
months, along with additional disciplinary action for continued violations. Failure to properly control this
privilege may result in the withdrawal of this policy to all employees in this Unit.
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IX. EDUCATIONAL REIMBURSEMENT
9.1 Training may be developed for employees by the Department Head or Personnel Department. Training
may include on -site programs, formal correspondence courses, adult education classes, outside college courses,
etc.
If you participate in and successfully complete special formalized courses, you will have the accomplishment
noted in your personnel file.
If you plan to take a college class or special course which is not required by the City but would enhance your
knowledge and ability on the job and is directly related to your position with the City, you may request in
advance of the class, reimbursement for the costs of tuition, travel, and book expenses. In order to receive
reimbursement, you must submit your expense receipts, and show proof of a passing grade of "C" or better for
the class. Contact your supervisor for more information and the "Pre- Approval for Course Reimbursement"
forms.
X. TRAVEL REIMBURSEMENT
The City will reimburse reasonable expenses incurred by you in performance of your job, in accordance with
Policy Resolution No. 31. Contact your supervisor if you incur, or anticipate incurring, any work related
expenses. Travel expense forms must be returned to the Finance Department within a month of the trip or the
advanced amount will be taken out of your paycheck until the form is returned and reconciled.
Employees who must travel on City business should, whenever possible, use City vehicles. If you must use
your own car, authorized travel will be reimbursed at the current IRS rate, which covers gasoline, maintenance,
and personal automobile insurance coverage. Additionally, tolls, parking, and similar items will be reimbursed.
You are required to wear your seat belt and have a valid California driver's license. If your license is restricted
or suspended, notify your supervisor immediately.
The City will not reimburse for traffic citations, including parking tickets that are received by employees; nor
may any private automobile receive gasoline, oil or service from City facilities.
The per diem rate for meals while traveling out of the area for training is $45.00 per day. If training does not
encompass a full day or if any meals are provided, the per diem rate is broken down as follows: Breakfast
$10.00; Lunch $15.00; and Dinner $20.00.
XI. HOLIDAYS
Employees are provided with the following paid holidays:
DATE
December 31
January 1
3rd Monday, January
3rd Monday, February
Last Monday, May
July 4
HOLIDAY
New Year's Eve
New Year's Day
Martin Luther King Birthday
Washington's Day
Memorial Day
Independence Day
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1
1st Monday, September
2nd Monday, October
November 11
4th Thursday, November
th Friday, November
December 24
December 25
Any
Labor Day
Columbus Day
Veterans' Day
Thanksgiving Day
Day following Thanksgiving
Christmas Eve
Christmas Day
8 hrs floating Holiday credit (added to
vacation credit)
When a holiday falls on a Saturday the holiday will be observed on the Friday before the holiday. When a
holiday falls on a Sunday the holiday will be observed on the Monday following the holiday. Admission's Day
Holiday (September 9) shall be eliminated as a recognized City holiday beginning in 2012 in exchange for full -
day (8.00) holidays on Christmas Eve and New Year's Eve.
XII. VACATION SCHEDULE
12.1 Vacation is earned and accrued hourly each pay period according to the following schedule:
Years
Hourly Factor
Maximum Accrual
0 — 3 years
4.0 hours /pay period
224.0 hours
4 — 8 years
4.7 hours /pay period
260.4 hours
9 — 15 years
6.2 hours /pay period
338.4 hours
16 — 19 years
6.8 hours /pay period
369.6 hours
20 years plus *
8.0 hours /pay period
432.0 hours
Effective upon adoption of the 2012 -2013 Memorandum of Understanding, employees with 20 or more years of
service will begin accruing vacation at 8.0 hours per pay period.
12.2 Personal Leave
The City grants twenty -four (24) hours of personal leave annually. These hours are for purposes such as
emergencies, family illness, or other personal situations. These hours are credited in full on July 1 of each year
They are non - accumulative and, if not used within the year, will be deleted from the employee's paid leave time
on the following June 30th.
Approval of each request for use of Personal Leave depends on the departmental workload and scheduling
restraints. Personal Leave may be used during an employee's introductory period.
XIII. SICK LEAVE
Sick leave benefits are to be used for medical and dental appointments and absences due to mental or physical
Iillness, or personal injury only. These benefits are not to be used for any other purpose. Every regular, full
time employee will accrue one sick day for each month of service.
Sick leave usage is computed in one -half hour increments. On half -hour increments shall be computed by
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rounding to zero for less than 15 minutes and rounding to one -half hour for 15 minutes or more. During or after
an absence due to illness, you may be required to furnish a doctor's written statement indicating the nature of
your illness and your expected recovery time. If you have been ill for longer than five (5) consecutive days or
suffered an acute injury, you may be asked to obtain a doctor's release before returning to work.
When all sick leave benefits have been used, you may use your accrued vacation benefits. If you have used
both the sick and vacation accrual, you may submit a request to the City Manager for up to a thirty day unpaid
leave of absence in special consideration for extended serious illness or injury. (Also refer to Section 4.05.5,
Family and Medical Leave Act, which may also apply.) Sick leave benefits will not be accumulated during
unpaid leaves of absence.
13.2 Family Sick Leave
Effective with new California State law on January 1, 2000, full -time employees may use up to six (6) of their
accrued sick leave days per calendar year to attend to an illness of a child (biological, foster, adopted, stepchild,
legal ward or a child of a person standing in loco parentis), parent (biological, foster, adoptive, stepparent, or
legal guardian) or spouse.
There is no maximum on the accumulation of unused sick leave. Upon retirement from City service, your
unused sick leave will be converted to additional service credits at the rate of .004 years of service credit for
each day of unused sick leave.
If you are going to be absent, you must notify your supervisor as soon as possible of your inability to work,
normally no later than the start of your shift. Sick leave is a privilege. Violations or abuse will result in
disciplinary action.
XIV. LEAVES OF ABSENCE
14.1 Jury Duty
If you are called to serve on a jury for 15 days (three weeks) or less, or are compelled to appear by legal process
as a witness for the City in court, you will receive your base pay. You are required to furnish your Department
Head with a copy of your official notice and to let us know the expected duration of your absence. If you are
released from jury duty before the end of your working shift, you are expected to return to work for the
remainder of the day. Court Payment Checks for jury duty, excluding travel expenses, must be turned in to the
City cashiers in order to be eligible for this paid leave. You need to inform the Judge of the City's 15 -day paid
leave policy so that you will not be appointed to trials of longer duration.
14.2 Bereavement Leave
Employees who lose an immediate family member are allowed three days paid bereavement leave. An
additional two days may be granted for travel exceeding 350 miles one way. Refer to Unit Sections for specific
details. Immediate family is defined as father, mother, grandfather, grandmother, or grandchild of the employee
or the employee's spouse, and the spouse, son, stepson, foster -son, son -in -law, daughter, stepdaughter, foster -
daughter, daughter -in -law, brother or sister of the employee, or any immediate relative living in the immediate
household of the employee or employee's spouse.
14.3 Unpaid Leave of Absence
You may request an unpaid leave of absence for periods of up to thirty days. Any unpaid leave may be granted
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with approval of the City Manager. In deciding whether to grant the request the City Manager may consider the
reason for the leave (ex: extend pregnancy leave beyond disability; extended illness due to injury where
accumulated sick and vacation leave, CTO, and any other accrued paid leave have been used), the department's
workload, and the availability of qualified staff to handle the workload.
If you are seeking an unpaid leave, you must submit a written request to your supervisor, stating the reason for
and duration of the leave. Sick or vacation accrual, retirement, uniform allowance, medical coverage or related
benefits are not paid or credited while an employee is on unpaid leave of absence. You will begin to receive
these benefits again when you return to work. You may keep your medical insurance in effect by pre - paying
the full monthly premium.
An employee who takes a personal leave of 30 days or less will be returned to his/her present position or to a
substantially similar position. If no position is available due to staff reduction, the employee will be placed on
layoff. Employees who do not report to work on the next working day, without prior authorization of the City,
may be administratively terminated upon expiration of the leave.
14.4 Disability Leave
Employees may join the City's Long -Term Disability Plan to help cover financial needs during a non -work
related injury disability period. Monthly premiums will be at the employee's expense and will be paid through
automatic payroll deductions.
Employees requesting a disability leave of absence must fill out City request forms and provide a written
statement from a physician that briefly states the need for the leave and the expected duration of the absence.
IThis paperwork should be provided at least four weeks prior to the effective date of the leave. During the leave
of absence, employees must notify the City of any changes in the duration of leave or the estimated date of
return. Within 5 days of the end of the disability, you must notify Personnel that you are available to return to
work and submit a doctor's release to return to work.
Accrued sick and vacation time may be taken to provide income during a disability leave of absence. You may
keep your health insurance in effect during the disability (over 30 days) by pre - paying the full premium to
Payroll by the first of the month.
14.5 Pregnancy Leave
A leave of absence without pay for a disability due to pregnancy may be requested for the duration of the
disability, up to a maximum of four months upon a doctor's written statement. Accrued sick and vacation time
may be taken to provide income during a pregnancy leave of absence. The City will pay the monthly health
insurance premium for the four months with a doctor's statement. Upon returning to work, the employee will be
placed in her original position or to a substantially similar position. If no position is available due to staff
reductions, the employee will be placed on layoff.
14.6 Family & Medical Leave Act (FMLA)
Under the Family and Medical Leave Act and the California Family Rights Act, "eligible" employees may
request an unpaid, job - protected leave of absence for periods of up to 12 weeks in a 12 -month period for any of
the following reasons:
a. To care for the employee's child after birth, or placement for adoption or foster care;
b. To care for the employee's spouse, son, daughter, or parent, who has a serious health condition; and
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c. For a serious health condition that makes the employee unable to perform the employee's job.
The City and the Union agree to comply with the FMLA and CFRA Act, as per policy in Section 4.06.5 of the
City of Ukiah Employee Manual.
14.7 Military Leave
If you are a member of the Armed Forces National Guard or Military Reserve, you will be allowed time off
without pay for 180 days for temporary active military duty or training in accordance with the California
Military and Veterans Code. After one year of service with the City, you are allowed thirty days paid leave for
these purposes. If called upon in a declared emergency, members of the National Guard will be given paid
leave for up to 30 calendar days, regardless of length of service with the City. If you receive orders to report for
military duty, provide a copy of your orders to your supervisor.
The City and the Union agree to comply with the provisions of the California Military and Veterans Code.
XV. WORKER'S COMPENSATION
Employees who suffer an injury or illness due to work are generally covered under Workers Compensation
Insurance. If you are injured or become ill due to work - related causes, you must notify your supervisor
immediately. You will be given a form to complete and, if necessary, referred to the Ukiah Valley Medical
Center (unless you have a note previously placed in your Personnel file, stating the name, address and phone
number of your physician of choice). Covered doctor bills and hospital expense are paid directly by the City's
Workers Compensation Carrier.
After three consecutive days off, Workers Comp pays 66% of your pay up to a maximum determined by state
law. If you are hospitalized, or if you are disabled for longer than 14 days, the three -day waiting period is
waived. Accumulated sick leave will be used for the first three days off and, upon its exhaustion; vacation
leave may be combined with workers comp pay up to a maximum of your regular pay. If an employee chooses
not to supplement his /her workers compensation pay with available leave credits, he /she must notify Payroll
with a Personnel Action Form (PAF) within 15 calendar days from the time the injury was reported.
XVI. SAFETY
City will comply with all applicable Title 8, SB198, Cal -OSHA, and Federal OSHA Safety rules.
16.1 Inclement Weather Gear
The City will provide rain and protective gear for all employees required to work outside in inclement weather,
to include hat, coat, pants and boots.
16.2 Attire
Employees shall be required to wear appropriate long sleeve shirts when directed to do so by their Supervisor.
The shirts shall be provided by the City. The Electrical Sub - Supervisor may make determinations concerning
the wearing of long sleeve shirts provided his/her determination is made in conformance with the Department's
written policy.
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XVII. DISCIPLINE
17.1 Refer to City of Ukiah Employee Manual, Addendum E, for Disciplinary Policy.
17.2 Grievance Procedure
A "grievance" is a formal written allegation by a grievant that he /she has been adversely affected by a violation
of the specific provisions of this Agreement. Actions to challenge or change the provisions of this Agreement
or the policies of the City as set forth in City policies or undertaken through separate legal processes. Matters
for which a specific method of review is provided by law, by the rules and regulations of the City Council or by
the administrative regulations and procedures of the City are not within the scope of this procedure.
a. Informal Level: Before filing a formal written grievance, the grievant shall attempt to resolve it by
an informal conference with his/her immediate supervisor.
b. Formal Level:
Level 1:
Level 2:
Level 3 :
Level 4:
Supervisor
Department Head
Personnel Officer
City Manager
Please refer to Grievance Procedure in Addendum B of the City of Ukiah Employee Manual for details and
timelines associated with Grievance Procedure.
XVIII. PROBATIONARY PERIOD
There is an introductory period of six months for new appointments and promotions, except for Police and Fire
Unit personnel who have a twelve -month introductory period. During this period you and the City can evaluate
each other to determine if employment should continue. This introductory employment period is used to
closely observe your work. It may be extended by your Department Head for up to six months if your
performance warrants it. You may be terminated during the introductory period any time without approval of
the Civil Service Board, without cause, and without the right of appeal.
A promoted employee has the right to be reassigned to his/her original position during the introductory period.
Within four weeks of the conclusion of this introductory period you will, and at any time during the
introductory period, you may receive a performance evaluation. These evaluations will give you and your
supervisor or manager an opportunity to assess your performance to date, evaluate your on-the-job skills, and
determine your ongoing relationship with the City.
Regardless of classification status or length of service, you are expected to meet and maintain City standards for
job performance and behavior throughout your employment with the City.
XIX. JOB VACANCIES
IVacancies in the classified service are generally filled by re- employment, transfer, demotion, promotional list,
or from eligible applicants, certified by the Personnel Director, from an appropriate eligibility list. In the
absence of a sufficient number of qualified eligible persons for appointment in these ways, or if a job requires
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special skills or expertise, the Personnel Director will obtain applications for the position and conduct
appropriate examinations to establish a list of persons with eligible qualifications for appointment.
Reasonable prior notice of all tests for positions in the classified service shall be published by posting
announcements in City Hall and, in the case of non - promotional recruitment, by a "want ad" in a local
newspaper. Announcements shall consist of the applicable job description with other pertinent information
such as the deadline date for receiving applications and ADA requirements.
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Applications may be rejected for failure to meet the minimum job requirements for experience and/or education.
The most qualified applicants will be tested by verbal, written, practical demonstration, or any other testing
technique, or combination of testing techniques, which would establish a relative ability of the applicant to
perform the duties of the position. Failure in one part of the test may be grounds for declaring such applicants
as failing in the entire test or as disqualified for subsequent parts of a test. Any candidate who has taken and
failed the exam twice within a three -year period shall be ineligible to take the test for a period of two years from
the date he /she last took the test.
Any applicant has the right to inspect his/her own test results depending on the testing procedure. An error in
grading or rating, if called to the attention of the Personnel Director within one month after posting the
employment lists resulting from the examination, will be corrected. However, correction will not invalidate
certification or appointments made before the error was brought to the attention of the Personnel Director.
As soon as possible after the conclusion of the tests, the Personnel Director will prepare and keep available an
employment list consisting of the names of persons successfully passing the tests. Whenever identical grades
exist, they will receive the same ranking order on the list.
Eligible and promotional lists will become effective upon the approval by the City Manager and the lists will
remain in effect for six months. Eligible lists may be extended by the City Manager for additional six -month
periods but, in no event, will these lists remain in effect for more than eighteen months. At any time after an
eligible list has been used, and if the remaining names have been passed over previously for valid reasons, the
City Manager may cancel the entire list and order another examination when an eligible list is requested.
Whenever a Department Head wishes to fill a vacancy, he /she will consult with the Personnel Director, to
determine if the position will be filled through a closed promotional, from existing City employees, or by open
recruitment. If sufficient applications are not received from qualified applicants to conduct a closed
promotional examination, the vacancy may be advertised as an open recruitment vacancy. In the case of an
open recruitment vacancy, the Department Head may initially interview up to the top five eligible on the list. If
unable to appoint from the top five, the Department Head may continue to interview from the list according to
ranking.
If a promotional applicant is in the top five on an open recruitment eligible list and is, in the opinion of the
Department Head, at least as capable of performing the job duties as the non - promotional applicants, then the
Department Head may give preference in selection to the promotional candidate.
XX. DEMOTION AND LAYOFF
Certain budgetary conditions and the efficient operation of the City may require that we reorganize, reduce
staffing or eliminate positions. Although the City hopes to avoid layoffs, this isn't always possible.
If a reduction of personnel becomes necessary, the City Manager will prepare a written analysis of the reduction
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necessary and submit it to the City Council.
The first employees in a department to be laid off will be temporary and part-time employees; resulting
Ivacancies will be offered to qualified, regular, full time employees.
Reorganization may also require demotions, in which case employees in higher classifications who have more
seniority than employees in lower classifications within the same division may replace these employees. If you
are demoted as a result of a re- organization, you will not lose eligibility to go back to your original position
with all prior employment status, accrued benefits, and tenure rights if you are capable to perform the duties and
if a vacancy occurs for that position within five years of the demotion.
If a layoff of some but not all employees in a position occurs, the City will normally retain some employees and
lay off others on the basis of length of service with the City. Length of service is calculated from the
employees' date of hire as a full time regular employee within the Department affected and does not include any
unpaid leave time of any kind. Promoted employees with up to five years of service in their new position may
have bumping rights in their previous position. Refer to the Civil Service Ordinance (attached) for more details.
After a layoff, you will have the right to be rehired with prior employment status in your previous position if a
vacancy occurs within a period of two years from the termination date.
XXI. MANAGEMENT RIGHTS
21.1 In order to ensure that the City shall continue to carry out its public service functions, programs and
Iresponsibilities to the public imposed by law, and to maintain efficient public service for the citizens of Ukiah,
the City continues to reserve and retain solely and exclusively all management rights, regardless of whether
they have been exercised in the past, including those rights and responsibilities set forth by law and those City
rights set forth in the city's Civil Service Ordinance. No portion of this City Management Rights Section shall
be construed to obligate the city in any way. In the exercising of its rights, the City shall not require an
employee to perform an act or acts contrary to law. The rights, powers and authorities of the City include, but
are not limited to, the following:
1. To manage the departments and determine mission, policies and procedures and the right to manage the
affairs of the departments.
2. To take into consideration the existence or non - existence of facts, which are the bases of the
management decision in compliance with State law.
3. To determine the necessity, organization, implementation and termination of any service or activity
conducted by the City and to expand or diminish City services.
4. To direct, supervise, recruit, select, hire, evaluate, promote, transfer, reassign, discipline, discharge,
terminate, demote, reduce, suspend, layoff, reprimand, withhold salary increases and benefits for
disciplinary or non - disciplinary reasons or otherwise take action in accordance with department, City
Personnel policies and/or Civil Service Rules and Regulations.
5. To determine the nature, manner, means, extent, type, time, quantity, quality, standard and level of City
services to be provided to the public.
6. To require performance of other public services not specifically stated herein in the event of emergency
or disaster, as deemed necessary by the City.
7. To lay off employees of the represented departments because of lack of work or funds or under
conditions where continued work would be inefficient or ineffective.
8. To determine and/or change the facilities, methods, technology, equipment, operations to be performed,
organizational structure, and allocate and assign work by which City operations are to be conducted.
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9. To determine method of financing.
10. To plan, determine and manage department budgets, which include, but are not limited to, the right to
contract or subcontract any work or operations of the represented departments.
11. To communicate fully and openly with its employees on any subject at any time orally, in writing, both
at work or through the U.S. Mail.
12. To determine the size and composition of the City work force, assign work to employees of the City in
accordance with requirements determined by the departments and to establish and require compliance to
work hours and work schedules, including call back, standby, overtime and assignments.
13. To establish and modify goals and objectives related to productivity and performance programs and
standards, including but not limited to quality and quantity, and require compliance therewith.
14. To determine qualification, skills, abilities, knowledge, selection procedures and standards, job
classifications, job specifications, and to reallocate and reclassify employees in accordance with Civil
Service Rules and Regulations and City Personnel Policies.
15. To determine the issue of public policy and the overall goals and objectives of the represented
departments and to take necessary action to achieve the goals and objectives of the represented
departments.
16. To determine policies, procedures and standards for recruiting, selecting, training, transferring,
assigning, dismissing, demoting and promoting employees in accordance with City Personnel Policy.
17. To establish, implement, and/or modify rules and regulations, policies, and procedures related to
productivity, performance, efficiency, personal appearance standards, code of ethics and conduct, safety
and order, and to require compliance therewith.
18. To evaluate and maintain order and efficiency in City facilities and operation.
19. To restrict the activity of an employee organization on City facilities and on City time.
20. To take any and all necessary steps and actions to carry out the service requirements and mission of the
City in emergencies or any other time deemed necessary by the City and not specified above.
21. To make reasonable rules and regulations pertaining to employees consistent with this Agreement.
21.2 Impact of Management Rights
Where required by law the City agrees prior to implementation to meet and confer or consult with the Union
over the impact of the exercise of a management right upon the wages, hours, and terms and condition of
employment on unit members unless the impact consequences of the exercise of a management right upon unit
members is provided for in this Memorandum of Understanding, Civil Service Rules and Regulations, or
Departmental Rules and Regulations.
21.3 Authority of Third Party Neutral — Management Rights
All management rights, powers, authority, and functions, whether heretofore or hereinafter exercised, shall
remain vested exclusively with the City. No third party neutral shall have the authority to diminish any of the
management rights which are included in the Agreement, exclusive of a competent court having subject matter
jurisdiction.
21.4 No Strike /Job Action Provision
1. Prohibited Conduct
The Unit, its officers, agents, representatives, and /or members when on duty, agree that they will not call, cause,
engage, or condone any strike, walkout, sit down, work stoppage, slowdown, sickout, pretended illness, or
engage or honor any other form or type of job action by Union employees or by any other employees of the City
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or employees of any other employer by withholding or refusing to perform services or honor any type or form
of picket line of any union or employee organization.
2. Employee Termination
Any employee who participates in any conduct prohibited in Section 21.4.1 above shall be considered on
unauthorized absence and shall be subject to discharge or other disciplinary action by the City, regardless of
whether the Union carries out in good faith its responsibilities set forth below.
3. Union Responsibilities
a. In the event that the Union, its officer, agents, representatives, and/or members engage in any of
the conduct prohibited in 1. "Prohibited Conduct ", above, the Union shall immediately instruct any persons
engaging in such conduct that their conduct is in violation of this Memorandum of Understanding and unlawful,
and they must immediately cease engaging in conduct prohibited in 21.4.1. "Prohibited Conduct" above, and
return to work.
b. If the Union performs all of the responsibilities in good faith set for the in 3a. above, its officers,
agents, and representatives shall not be liable for damages for prohibited conduct performed by employees who
are covered by this Agreement in violation of 1. "Prohibited Conduct" above.
XXII. CONTINUATION
IThe City and Local 1245 of the International Brotherhood of Electric Workers agree that all conditions of
employment established by City policy, including all conditions affecting wages, hours, and working conditions
that are not specifically addressed in this MOU shall continue in effect and shall not be affected by the terms of
this MOU.
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XXIII. WAIVER AND FINALITY
The provisions set forth above are final, and no change or modification shall be offered, urged or otherwise
presented by Local 1245 of the International Brotherhood of Electrical Workers prior to the term of this
agreement.
XXIV. SEPARABILITY
In the event that any provision of this Memorandum of Understanding is declared by a Court of competent
jurisdiction to be illegal or unenforceable that provision of this Memorandum of Understanding shall be null
and void, but such nullification shall not affect any other provisions of this Memorandum of Understanding, all
of which other provisions shall remain in full force and effect.
XXV. TERM
The term of this Agreement is September 19, 2015 through September 18, 2018.
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This Memorandum of Understanding is ratified and adopted on , pursuant to the recommendations
of the following representatives:
CITY OF UKIAH Local 1245 of the International Brotherhood
of Electrical Workers
Sage Sangiacomo, City Manager Jim Lozano, Local 1245 of the IBEW
Employee Representative
Ben Keffeler, Local 1245 of the IBEW
Employee Representative
Rodney Huffman, Local 1245 of the IBEW
Employee Representative
Janval Macor, Local 1245 of the IBEW
Business Representative
Thomas Dalzell, Local 1245 of the IBEW
Business Manager
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APPENDIX A
City of Ukiah Electric Unit Classifications:
Apprentice Line Attendant
Electric Engineering Technician I, II, III
Electrical Sub - Supervisor
Electrical Utility Technician I/II
Groundperson
Lineman/Linewoman
APPENDIX B
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