HomeMy WebLinkAbout2018-10-03 Packet
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(arriving at 6:01
p.m.)
MAYOR DOBLE PRESIDING.
The Pledge of Allegiance was led by Vice Mayor Mulheren.
Presentation was received.
– Finance.
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– City Clerk.
– Public Works.
– Public Works.
– Finance. Item was pulled by Councilmember
Crane and moved to Agenda Item 13c.
No public comment was received.
RECESS 6:42 – 6:44 P.M.
PUBLIC HEARING OPENED AT 6:50 P.M.
No public comment was received.
PUBLIC HEARING CLOSED AT 6:51 P.M.
RECESS 6:58 – 7:03 P.M.
The maker and the second agreed to modify the language of Item B); the following motion reflects
the amendment.
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This item was pulled by Staff due to State financing having been acquired.
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– From Consent Calendar Item 7e.
Report was received.
THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 7:45 P.M.
Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200
Ukiah Valley Sanitation District v. City of Ukiah
No report out was received.
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(a)Commencement ............................................................................................................................... 4
(b)Extension of Initial Term ............................................................................................................... 4
(c)Use of the Word "term" ................................................................................................................... 4
(a)Permitted Use ................................................................................................................................. 4
(b)Limitations ...................................................................................................................................... 5
(a)Time and Manner of Payment ......................................................................................................... 6
(b)Base Rent ........................................................................................................................................ 6
(c)CPI Rental Increases ...................................................................................................................... 6
(d)Base Rent Adjustment………………………………………………………………………………………..6
(a)Initial Deposit ................................................................................................................................. 6
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(b)Deposit Increases ............................................................................................................................ 7
(c)Conditions of Deposit ..................................................................................................................... 7
(a)Responsibilityof City ...................................................................................................................... 8
(b)Responsibilityof lessee ................................................................................................................... 8
(a)General ........................................................................................................................................... 9
(b)Preliminary Plans ......................................................................................................................... 10
(c)Review of and Comment on Preliminary Plans ............................................................................ 10
(d)Final Plans.................................................................................................................................... 10
(e)Approval of Final Plans ................................................................................................................ 10
(f)Modification of Final Plans .......................................................................................................... 10
(g)Notice of Completion .................................................................................................................... 11
(h)As-Constructed/Record Drawings ................................................................................................ 11
(i)Removal of Unapproved Improvements ........................................................................................ 11
(a)Assignment .................................................................................................................................... 13
(b)Subletting...................................................................................................................................... 13
(c)Airport Processing Fee……………………………………………………………………………………13
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(a)Definitions .................................................................................................................................... 16
(b)Repair Obligations and Rights of Termination ............................................................................. 16
(c)Limitation on City's Obligations ................................................................................................... 17
(d)The Payment of Rental .................................................................................................................. 17
(e)Destruction................................................................................................................................... 17
(a)Lessee's Compliance With Environmental Laws ........................................................................... 19
(b)Indemnification by Lessee ............................................................................................................. 19
(c)Notices .......................................................................................................................................... 20
(d)Right of Entry ................................................................................................................................ 20
(e)Lead-Based Paint ........................................................................................................................ 201
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(a)Possessory Interest and Property Taxation .................................................................................. 25
(b)Right to Contest Taxes .................................................................................................................. 25
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Lease Summary
Note: This is presented as a reference of the Lease information at the time of execution. If there is a
discrepancy between the information contained in this and the requirements contained in the remainder of this
Lease, the requirements as stated in the remainder of this Lease will be applied.
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Commercial Operating Standards – Ukiah Airport
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City approval of the final plans shall only
mean that the proposed improvement is consistent with City's goals and objectives for
Airport development projects and does not infer that the proposed improvement is
approved by the City
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Buubdinfou2
Proposal
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189 Wabash Avenue
Ukiah, CA 95482
Fax (707) 462-9801
Ph (707) 462-9800
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Acceptance of Proposal !
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(see calendar from NCPA)
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Attachment 1
RESOLUTION NO. ______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
ADOPTING MEMORANDA OF UNDERSTANDING
BETWEEN THE CITY OF UKIAH AND THE LOCAL 1245 OF INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, DEPARTMENT HEAD,
MANAGEMENT, AND WATER UTILITIES/MECHANICS BARGAINING UNITS
WHEREAS, the Employee/Employer Relations Officer and Human Resources
Director have met and conferred in good faith with representatives of the Local 1245 of
the International Brotherhood and Electrical Workers, and the Department Head,
Management, and Water Utilities/Mechanics Units; and
WHEREAS, Memoranda of Understanding for the term of September 19, 2018
through September 18, 2021 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
are hereby adopted and the Employee/Employer Relations Officer is authorized to enter
into these Agreements.
rd
PASSED AND ADOPTED this 3 day of October 2018, by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Kevin Doble, Mayor
ATTEST:
________________________________
Kristine Lawler, City Clerk
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MEMORANDUM OF UNDERSTANDING
CITY OF UKIAH
And
LOCAL 1245 of the
International Brotherhood of Electrical Workers
2018- 2021
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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 17
VII.Public Employees Retirement System 18
VIII.Meals 18
IX.Educational Reimbursement 19
X.Travel Reimbursement 19
XI.Holidays 20
XII.Vacation Schedule 20
XIII.Sick Leave 21
XIV.Leaves of Absence 21
XV. 23
XVI.Safety 24
XVII.Discipline 24
XVIII.Probationary Period 24
XIX.Job Vacancies 25
XX.Demotion & Lay-Off 26
XXI.Management Rights 26
XXII.Continuation 28
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-
between the CLocal 1245 of the International Brotherhood of Electrical
Local 1245
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 Local 1245 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 (i.e. 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 e
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 Local 1245 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 Union Security
The following provisions shall apply to all employees represented by Local 1245 of the International
Brotherhood of Electrical Workers.
DUES/FEES
Any employee of the City in a classification represented by the Local 1245 who is not on leave of absence may
become a member of the Local 1245, or may pay Local 1245 a fair share service fee in an amount not to exceed
periodic dues and general assessments of Local 1245. Such amounts shall be determined by Local 1245 and
implemented by the City in the first payroll period after receipt of written notification of employee authorization
from Local 1245.
UNION RESPONSIBILITIES
A.Local 1245 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.Local 1245 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: Local 1245 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.
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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.
NEW EMPLOYEES & NEW EMPLOYEE ORIENTATION
In accordance with applicable state law and Assembly Bill 119 the City shall provide Local 1245 and its
designated representatives mandatory access to all new employee orientations of classifications it represents.
The City will work with Local 1245 to provide advanced notice, of not less than 10 days, of the new hire
orientation so an exclusive representative of Local 1245 will have access to new employee orientations for up to
thirty minutes.
Local 1245 agrees to provide the City a list of shop stewards/representative(s) that Local 1245 will use for the
new hire orientations throughout the year. Local 1245 will identify which steward/representative will attend the
new employee orientation or, alternatively, schedule to meet with the newly hired employee at a time more
acceptable to operational needs, but with ten (10) days of hire.
Additionally, the City will provide Local 1245 the following information within 30 days of hiring a Local 1245
represented employee; the name, job title, department, work location, work, home, and personal cellular
telephone numbers; personal email addresses on file with employer, and the home address of the new hire. The
City will provide Local 1245 with a list of all information for all employees in the bargaining unit every 120
days.
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. Overtime is charged in one-half hour increments, with any
time worked from 1 to 30 minutes credited as one-half hour of overtime.
a.Except as otherwise provided herein, overtime will mean rate of pay equivalent to one and one-half (1
½) times the regular straight time rate of pay.
b.Employees will be paid overtime compensation at a rate of pay equivalent to two (2) timesthe regular
straight time rate of pay for all time worked in excess of twelve (12) consecutive hours.
c.Employees will be paid overtime compensation at a rate of pay equivalent to two (2) times the regular
straight time rate of pay for time worked on non-scheduled holidays in an emergency capacity.
2.3 CTO
Compensatory time off may be taken at straight time during the workweek. If used after the workweek in
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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 50hours 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
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.
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.
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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.
2.7On-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
3.1Salary Plan
Year 1: 4% increase to base salary effective the first full pay period following September 19, 2018.
Year 2: 3% increase to base salary effective the first full pay period following September 19, 2019.
Year 3: 3% increase to base salary, effective the first full pay period following September 19, 2020, 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 2018/19. 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 3%. 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
audit.
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EXAMPLE:
12
(Audited GF Revenue- Base Year Adopted FY 13-14 GF Revenue)
=
3
Adopted FY 2013-14 GF Deficit
1
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.
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.
General Fund Schedule of Revenues,
Expenditures and Changes in Fund Balances Budget and Actual for th
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 = .5108 or 51.08% of
$978,894 Concession Restored
($8,243.49)
Year 2 Example 1
$14,436,000 - $14,376,000 = $60,000 = 0% Concession Restored
$978,894
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Year 2 Example 2
$15,076,000 - $14,376,000 = $700,000 = .7151 or 71.51% ($46,162.98)
$978,894 of Concession Restored, which
includes the 51.08% in the
Year 1 Example
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3.3 Salary Plan Administration
Employees occupying a position in a classification covered by this Memorandum of Understanding shall be
ting 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
person position will be considered for the Apprentice Program.
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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
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 One Year
Step E Apprentice Line Attendant One Year
Step D Lineman/Linewoman Six Months
Step E Lineman/Linewoman
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
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. PAFs 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.
3.12Longevity
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.
3.13High 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 IBEW 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. (Local 1245 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 IBEW 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
Certification 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.
IV. CAREER STEP PROGRAM
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.
4. 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.
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 all incumbent employees electing to do so, the City will
pay 85% of the REMIF EPO 500, PPO 500, and HSA medical plans, including dental and vision plans. For
employees electing the REMIF EPO 250 plan, the City will pay equivalent to the 85% portion paid for the EPO
500 plan.
After July 1, 2018, health may enroll in the 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 Section VI flex plan.
Upon ratification of this agreement, all new hires will only be eligible for the 85% contribution plan as
described above, based on actual enrollments, and will not be eligible of the flex plan.
For incumbent employees electing to do so,the City will continue to pay up to $1,283.82 per month towards
eachas agreed to in the 2015-2018 Agreement, based upon actual
enrollments, in lieu of the Section VI .
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coverage, the City will continue to pay the employee-only premiums plus $200.00 a month, not to exceed the
$1,283.82. Current employees not electing this contribution will remain on the existing flex plan.
Those employees who choose not to have City health coverage must show proof of health coverage under
another plan. An employee who is covered under a non-City health plan can only enter a City plan upon a
qualifying event approved by the health plan, or during open enrollment period of the health plan.
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
During the term of the Agreement, by mutual consent, the City and Local 1245 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,
Local 1245 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
accounts 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
surance 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 Citys 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 IBEW 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
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
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VII. PUBLIC EMPLOYEES RETIREMENT SYSTEM
7.1 Pension Reform Act of 2013 (PEPRA)
(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
new members
50% 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-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.
new member
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 CalPERS 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 CalPERS membership prior to January 1, 2013, and who is rehired by a different CalPERS
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.
If 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.
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
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
the City Travel & Expense Administrative Policy. 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.
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.
XI. HOLIDAYS
Employees are provided with the following paid holidays:
DATE HOLIDAY
December 31 New Year's Eve
January 1 New Year's Day
3rd Monday, January Martin Luther King Birthday
3rd Monday, February Washington's Day
Last Monday, May Memorial Day
July 4 Independence Day
1st Monday, September Labor Day
2nd Monday, October Columbus Day
November 11 Veterans' Day
4th Thursday, November Thanksgiving Day
4thFriday, November Day following Thanksgiving
December 24 Christmas Eve
December 25 Christmas Day
Added to vacation accrual each fiscal year 8hours floating holiday credit
The 8-
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year of each year.
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.
Holiday (September 9) shall be eliminated as a recognized City holiday beginning in 2012 in exchange for full-
day (8.00) holidays on C
XII. VACATION SCHEDULE
12.1 Vacation is earned and accrued hourly each pay period according to the following schedule:
YearsHourly FactorMaximum Accrual
03 years4.0 hours/pay period224.0 hours
48 years4.7 hours/pay period260.4 hours
915 years6.2 hours/pay period338.4 hours
1619 years6.8 hours/pay period369.6 hours
20 years plus *8.0 hours/pay period432.0hours
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-
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.
12.3 Vacation Cash Out
Employees who reach their maximum vacation accrual may cash out one (1) week (40 hours) vacation, limited
to one (1) time per fiscal year. This may be requested within two pay periods to the employee reaching their
vacation accrual maximum.
XIII. SICK LEAVE
Sick leave benefits are to be used for medical and dental appointments and absences due to mental or physical
illness, 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
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
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suffered an acute injury, you may be asked to obtain a doctor's release before returning to work.
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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
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.
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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.
This 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
c. For a serious health condition that makes the employee unable to perform the employee's job.
The City and Local 1245 agree to comply with the FMLA and CFRA Act, as per policy in Section 4.06.5 of the
City of Ukiah Employee Manual.
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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 Local 1245 agree to comply with the provisions of the California Military and Veterans Code.
XV.
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
written policy.
XVII. DISCIPLINE
17.1 Refer to City of Ukiah Employee Manual, Addendum E, for Disciplinary Policy.
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17.2 Grievance Procedure
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: Supervisor
Level 2: Department Head
Level 3: Personnel Officer
Level 4: 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
Vacancies 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
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
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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.
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
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
vacancies will be offered to qualified, regular, full time employees.
3:
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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
responsibilities 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
rtion 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.
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
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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 Local 1245
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
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.
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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 Local 1245 carries out in good faith its responsibilities set forth below.
3. Union Responsibilities
a. In the event that Local 1245, its officer, agents, representatives, and/or members engage in any
Local 1245 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.above, and
return to work.
b. If Local 1245 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
above.
.
XXII. CONTINUATION
The 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.
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, 2018through September 18, 2021.
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This Memorandum of Understanding is ratified and adopted on 10/3/2018, pursuant to the recommendations of
the following representatives:
CITY OF UKIAH International Brotherhood of Electrical Workers,
LOCAL 1245
__________________________________ _________________________________________
Sage Sangiacomo, City Manager James Jeffers, Local 1245 of the IBEW
Employee Representative
_________________________________________
Ben Keffeler, Local 1245 of the IBEW
Employee Representative
_________________________________________
Janval Macor, Local 1245 of the IBEW
Business Representative
_________________________________________
Tom Dalzell, Local 1245 of the IBEW
Business Manager
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APPENDIX A
City of Ukiah Electric Unit Classifications:
Apprentice Line Attendant
Electrical Crew Foreman
Electric Engineering Technician I,II, III
Electrical Utility Technician I/II
Groundperson
Lineman/Linewoman
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APPENDIX B
City of Ukiah
Electric Unit Salary Schedule
Effective September 23, 2018
4% COLA
Monthly
Job Class TitleGradeStep 0Step 1Step 2Step 3Step 4
Groundman5080 4,183.82 4,393.01 4,612.66 4,843.29 5,085.45
Electrical Engineering Technician I5182 5,506.06 5,781.36 6,070.43 6,373.95 6,692.65
Apprentice Lineman5282 5,540.46 5,817.48 6,108.35 6,413.77 6,734.46
Electrical Engineering Technician II5085 6,331.97 6,648.57 6,981.00 7,330.05 7,696.55
Lineman5083 6,648.56 6,980.99 7,330.04 7,696.54 8,081.37
Electrical Utility Technician I5183
Electrical Engineering Technician III5187
Electric Crew Foreman5086 7,313.42 7,679.09 8,063.04 8,466.19 8,889.50
Electric Utility Technician II5186
Reportable Special Compensation
Career Step Pay & Longevity Pay1%-5% in addition to base
High Voltage Rubber Glove Incentive Pay6% in addition to base
46
/źƷǤ ƚŅ
Ɖźğŷ
9ƌĻĭƷƩźĭ
ƓźƷ {ğƌğƩǤ {ĭŷĻķǒƌĻ
9ŅŅĻĭƷźǝĻ {ĻƦƷĻƒĬĻƩ ЋЋͲ ЋЉЊВ
3% COLA
aƚƓƷŷƌǤ
WƚĬ /ƌğƭƭ źƷƌĻDƩğķĻ{ƷĻƦ Љ{ƷĻƦ Њ{ƷĻƦ Ћ{ƷĻƦ Ќ{ƷĻƦ Ѝ
Groundman5080 4,309.33 4,524.80 4,751.04 4,988.59 5,238.02
Electrical Engineering Technician I5182 5,671.24 5,954.80 6,252.54 6,565.17 6,893.43
Apprentice Lineman5282 5,706.67 5,992.00 6,291.60 6,606.18 6,936.49
Electrical Engineering Technician II5085 6,521.93 6,848.03 7,190.43 7,549.95 7,927.45
Lineman5083 6,848.02 7,190.42 7,549.94 7,927.44 8,323.81
Electrical Utility Technician I5183
Electrical Engineering Technician III5187
Electric Crew Foreman5086 7,532.82 7,909.46 8,304.93 8,720.18 9,156.19
Electric Utility Technician II5186
wĻƦƚƩƷğĬƌĻ {ƦĻĭźğƌ /ƚƒƦĻƓƭğƷźƚƓ
Career Step Pay & Longevity Pay1%-5% in addition to base
High Voltage Rubber Glove Incentive Pay6% in addition to base
47
MEMORANDUM OF UNDERSTANDING
Department Head Unit
2018 - 2021
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 Department Head 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, 2018, through September 18,
2021.
2.COMPENSATION
Year 1:4% increase to base salary effective the first full pay period following September 19,
2018.
Year 2:3% increase to base salary effective the first full pay period following September 19,
2019.
Year 3:3% increase to base salary effective the first full pay period following September 19,
2020, 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 2018/19. 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 3%. In no case shall this result in a decrease in compensation.
3.FLEX DOLLARS
Unit members currently participate
. Effective the first full pay period following
September 19, 2018 andto be applied on a cost-neutral basis to the City, the City agrees to
add the /month flex dollars to the each unit classification monthly base salary,
adjusted to $1,312.99/month for the Fire Chief classification and $1,453.64 for all other
classifications.Unit members will no longer be eligible to receive flex dollars in addition to
base salary.
3.HEALTH INSURANCE CONTRIBUTION
The City shall offer employees and their eligible dependents, a health insurance program under
the terms set forth below:
Effective upon the ratification of this Agreement, the City will pay 85% of the REMIF EPO 500,
PPO 500 and HSA medical plans, including dental and vision plans. For employees electing the
REMIF EPO 250 plan, the City will pay equivalent to the 85% portion for the EPO 500 plan.
Those employees who choose not to have City health coverage must show proof of health
coverage under another plan. An employee who is covered under a non-City health plan can only
48
enter a City plan upon a qualifying event approved by the health plan, or during open enrollment
period of the health plan.
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.
This Memorandum of Understanding is ratified and adopted pursuant to the recommendations of the following
rd
representatives this 3 day of October , 2018.
CITY OF UKIAH MANAGEMENT UNIT
___________________________ _______________________________
Sage Sangiacomo Tim Eriksen, Public Works Director/City Engineer
City Manager
_______________________________
Mel Grandi, Electric Utility Director
49
MEMORANDUM OF UNDERSTANDING
Management Unit
2018 - 2021
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 ManagementUnit (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, 2018, through September 18,
2021.
2.COMPENSATION
Year 1:4% increase to base salary effective the first full pay period following September 19,
2018.
Year 2:3% increase to base salary effective the first full pay period following September 19,
2019.
Year 3:3% increase to base salary effective the first full pay period following September 19,
2020, 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 2018/19. 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 3%. In no case shall this result in a decrease in compensation.
3.HEALTH INSURANCE CONTRIBUTION
The City shall offer employees and their eligible dependents, a health insurance program under
the terms set forth below:
Effective upon the ratification of this Agreement, and for all incumbent employees electing to do
so, the City will pay 85% of the REMIF EPO 500, PPO 500 and HSA medical plans, including
dental and vision plans. For employees electing the REMIF EPO 250 plan, the City will pay
equivalent to the 85% portion for the EPO 500 plan.
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 of this agreement, all new hires will only be eligible for the 85% contribution plan
as described above, based on actual enrollments, and will not be eligible for the flex plan.
For incumbent employees, electing to do so the City will continue to pay up to $1,283.82 per
-2018
Agreement, based upon actual enrollments, in lieu of receiving flex dollars from the previous
4:
pay the employee-only premiums plus $200.00 a month, not to exceed the $1,283.82. Current
employees not electing this contribution will remain on the existing flex plan.
In exchange for the new health benefit, existing members who are currently on the flex plan, agree
to decrease their Management Incentive Pay from 120 hours per fiscal year, to reflect industry
). 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.
Those employees who choose not to have City health coverage must show proof of health
coverage under another plan. An employee who is covered under a non-City health plan can only
enter a City plan upon a qualifying event approved by the health plan, or during open enrollment
period of the health plan.
4 BOOT ALLOWANCE
The City agrees to pay up to $150 boot allowance, which will be reimbursed one-time per year
upon submission of a receipt for appropriate classifications, in addition to the currently provided
rain gear.
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.
This Memorandum of Understanding is ratified and adopted pursuant to the recommendations of the following
th
representatives this 19 day of September, 2018.
CITY OF UKIAH MANAGEMENT UNIT
___________________________ _______________________________
Sage Sangiacomo Kerry Randall, Facilities Administrator
City Manager
_______________________________
Rick Seanor, Dep. Director of Public Works
_______________________________
Jarod Thiele, Management Analyst
51
20182021
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF UKIAH
AND THE
OPERATING ENGINEERS LOCAL NO.3
WATER UTILITIES/MECHANICS UNIT
52
Table of Contents
1. PREAMBLE/RECOGNITION .....................................................................................................................................4
2. TERM ......................................................................................................................................................................4
3. SALARY ...................................................................................................................................................................4
4. COST SHARING AGREEMENT ..................................................................................................................................5
5. GRIEVANCE PROCEDURE .......................................................................................................................................9
6. MANAGEMENT RIGHTS ......................................................................................................................................12
7. RETIREMENT .......................................................................................................................................................14
8. HEALTH & WELFARE CONTRIBUTIONS / FLEX PLAN ...........................................................................................15
9. OVERTIME ...........................................................................................................................................................16
10. PAID LEAVE ........................................................................................................................................................16
A. Employee Sick Leave ......................................................................................................................................16
B. Family Sick Leave ............................................................................................................................................17
C. Holidays ..........................................................................................................................................................17
D. Vacation Leave ...............................................................................................................................................18
E. Vacation Cash Out ..........................................................................................................................................18
F. Bereavement Leave ........................................................................................................................................18
G. Personal Leave ...............................................................................................................................................18
H. Workers Compensation .................................................................................................................................19
11. UNPAID LEAVE OF ABSENCE .............................................................................................................................19
A. Family and Medical Leave (FMLA) ..................................................................................................................19
12. SPECIAL PAYS .....................................................................................................................................................20
A. Bilingual Pay ...................................................................................................................................................20
B. Specialty Pay ...................................................................................................................................................20
13. MISCELLANEOUS PROVISIONS ..........................................................................................................................21
A. Inclement Weather Gear ................................................................................................................................21
B. Boot Allowance ...............................................................................................................................................21
C. Replacement of Job Required Equipment ......................................................................................................21
D. Compensatory Time Off (CTO) .......................................................................................................................22
E. Store Stop Policy .............................................................................................................................................22
F. Emergency Meals ............................................................................................................................................22
G. Section 125 Plan .............................................................................................................................................22
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Operating Engineers Water Utilities/Mechanics Page Α
H. Longevity ........................................................................................................................................................22
I. Career Step Program .......................................................................................................................................22
J. Career Development Program ........................................................................................................................24
K. Jury Duty ..........................................................................................................................................................25
L. Residency / Response Time .............................................................................................................................25
M. Rest Period Agreement ..................................................................................................................................25
N. Probationary Period .......................................................................................................................................26
O. Reclassification of Unit Positions ....................................................................................................................27
P. Disciplinary Action/Written Reprimands .........................................................................................................27
Q. Out of Classification Pay .................................................................................................................................27
R. Call Back ...........................................................................................................................................................27
S. Standby Pay ....................................................................................................................................................27
T. Dues Deduction ..............................................................................................................................................28
U. No Strike/Job Action Provision .......................................................................................................................28
V. Re-Opener ......................................................................................................................................................28
W. Continuation ..................................................................................................................................................28
..........................................................................................................................................................31
..........................................................................................................................................................32
54
Operating Engineers Water Utilities/Mechanics Page Β
1. PREAMBLE/RECOGNITION
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 CWater
Utilities/Mechanics Unit er sessions, the City
and Unit have agreed to the following understandings.
Should a subject be covered in both the MOU and a City policy or regulation the Memorandum
of Understanding shall prevail and all relevant portions of the subject in the City policy shall not
be followed and shall not be applicable for any reason.
The City recognizes the Operating Engineers, Local Union No. 3, as the exclusive
representative for the purpose of establishing wages, hours, and other terms and conditions of
employment for full-time employees in the classified service in the classifications of positions
.
2. TERM
The term of this Agreement shall be three (3) years, effective September 19, 20185, through
September 18, 202118.
3. SALARY
YEAR 1: Effective retroactive to the first full pay period following September 19, 2015,
restoration of the 4-hour pay deduction each pay period, which was equivalent to the value of
the 13 annual holidays granted to employees in this Unit. 4% increase to base salary effective
the first full pay period following September 19, 2018.
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.3% increase to base salary effective the first full pay period following September
19, 2019.
YEAR 3: 2.53% increase to base salary effective the first full pay period following September
19, 202017, 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 20184/195. 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 2.53%. In no case shall this result in a
decrease in compensation.
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4. COST SHARING AGREEMENT
For FY 2013-14 and FY2014-15, the Unit agreed to concessions 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
salary concession for this Unit on an annual basis is $230,140.
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
the audit.
EXAMPLE:
1 2
(Audited GF Revenue - Base Year Adopted FY 13-14 GF Revenue)
=
3
Adopted FY 2013-14 GF Deficit
1
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 as agreed to between the City and
the Unit, subject to meet and confer, at the time the restoration is calculated.
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 CalPERS law, this payment will not be reported a
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.
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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.
The audited revenues are typically found on - General Fund Schedule of
Revenues, Expenditures and Changes in Fund Balances Budget and Actual for the Year
Audited Financial Statements.
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Year 1 Example 1 (9/12 of a year, based on the 9/18/2013 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 = .5108 or 51.08% of concession
$978,894 Restored ($88,167)
Year 2 Example 1
$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 = .7151 or 71.51% ($164,573) of Concession
$978,894 Restored, which includes the 51.08% in the
Year 1 Example
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5. GRIEVANCE PROCEDURE
There are both formal and informal levels for filing a grievance.
A. Definitions:
1. Grievance
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 are 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.
2. Grievant
Agreement.
3. Day
4. Immediate Supervisor
supervisor having immediate jurisdiction over the grievant who has been
designated to adjust grievances.
5. Conferee
asked by either party to ser
B. Informal Level:
Before filing a formal written grievance, the grievant shall attempt to resolve it by an
informal conference with his/her immediate supervisor.
C. Formal Level:
1. Level I:
Within fifteen (15) days after the occurrence of the act or omission giving rise to
the grievance, the grievant must present the grievance in writing on the
appropriate form to his/her immediate supervisor. No grievance shall be
entertained or processed unless it is submitted at level I within the fifteen (15)
day time limit. If a grievance is not presented within the time limit set forth above
it shall be considered waived.
This statement shall be a clear, concise statement of the grievance, the specific
provision of the agreement alleged to have been violated, the circumstances
involved, the decision rendered at the informal conference and the specific
remedy sought.
Within the specified time limits, the grievant or the immediate supervisor may
request a personal conference.
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The immediate supervisor shall communicate his/her decisions to the employee
in writing within ten (10) days after receiving the grievance. If the immediate
supervisor does not respond within the time limits, the grievant may appeal to the
next level.
2. Level II:
In the event the grievant is not satisfied with the decision at Level I, he/she must
appeal the decision on the appropriate form to the Department Head within ten
(10) days.
This statement shall include a copy of the original grievance, the decision
rendered, and a clear, concise statement of the reasons for the appeal.
The Department Head shall communicate his/her decision within ten (10) days
after receiving the appeal. Either the grievant or the Department Head may
request a personal conference within the above time limits. If the Department
Head does not respond within the time limits, the grievant may appeal to the next
level.
3. Level III:
In the event the grievant is not satisfied with the decision at Level II, he/she must
appeal the decision on the appropriate form to the Personnel Officer within ten
(10) days.
This statement shall include a copy of the original grievance and appeal, the
decisions rendered, and a clear, concise statement of the reasons for the appeal.
The Personnel Officer shall communicate a decision to the Grievant within ten
(10) days. Either the grievant or the Personnel Officer may request a personal
conference within the above time limits. If the Personnel Officer does not
respond within the time limits, the grievant may appeal to the next level.
4. Level IV:
In the event the grievant is not satisfied with the decision at Level III, he/she must
appeal the decision in writing within ten (10) days to the City Manager. The City
Manager alone has the power to render a final and binding determination of a
grievance, subject to right of established judicial review.
a. Any party to a grievance may, at any step in the formal level, request
one other person to serve as a conferee and to be present during the
proceeding.
b. A decision rendered at any step in these procedures becomes final
unless appealed within the time limits specified.
c. Time limits given in these procedures may be modified by written
agreement of the parties involved.
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d. If the same complaint or substantially the same complaint is made by
more than one employee against one party, only one employee on behalf
of himself/herself and the other complainants, may process the grievance
or complaint through the grievance procedure. Names of all aggrieved
parties shall appear on all documents related to the processing of the
grievance. This provision may be waived by all parties concerned.
e. Any unit member may present grievances in accordance with this
Article without intervention of the unit, so long as the adjustment is not
inconsistent with the terms of this agreement.
f. All documents resulting from the processing of a grievance shall be kept
personnel file.
6. MANAGEMENT RIGHTS
A. Management Rights
In order to ensure that the City shall continue to carry out its public service functions,
programs and responsibilities 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 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
licensing 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 basis 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.
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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 of
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.
9. To determine method of financing.
10. To plan, determine and manage department budgets, which includes, but is
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.
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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.
B. 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 conditions 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.
C. 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 this Agreement, exclusive of a competent court having subject matter
jurisdiction.
7. RETIREMENT
A. Pension Reform Act of 2013 (PEPRA)
on September 12, 2012, and the provisions were effective January 1, 2013.
The Water Utilities/Mechanics Unit and the City agree to implement all PEPRA
provisions and all applicable amendments thereto. Effective January 1, 2013
Miscellaneous Unit employees denew members
the total normal cost for the new Miscellaneous pension formula 2%@62, which is
currently 6.75% of reportable compensation, with a three-year final compensation
Classic membersior to January 1, 2013) will retain the
2.7%@55 Miscellaneous PERS formula, 8% member contribution, with a one-year final
compensation period.
new member
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
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into CalPERS 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 CalPERS membership prior to January 1, 2013, and who is rehired
by a different CalPERS employer after a break in service greater than six months.
B. PERS Employee Member Contribution
Employees in this Unit pay the full required PERS employee member contribution of
8%. Employer paid member contributions (EPMC) is in place with the City reporting the
value of EPMC to CalPERS as additional compensation.
8. HEALTH & WELFARE CONTRIBUTIONS / FLEX PLAN
A. Health & Welfare Premiums
Effective upon the ratification of this Agreement, for all incumbent employees electing to
do so, the City will contribute 85% of the REMIF EPO 500, PPO 500, and HSA medical
plans, including Dental and Vision plans. For employees electing the REMIF EPO 250
plan, the City will contribute equivalent to the 85% portion for the EPO 500 plan.
the City health plans during the first or any Open Enrollment period, or qualifying event,
member will no longer be eligible for the flex plan.
Upon ratification of this agreement, all new hires will only be eligible for the 85%
contribution plan as described above, based on actual enrollments, and will not be
eligible for the flex plan.
premiums, based upon actual enrollments, in lieu of the current $621.60 health
contribution and the 1.5% + $175.00/month flex dollars. For Unit members electing
--only premiums plus
$200.00/month, not to exceed the $1,283.82 maximum.
proof of health insurance on another plan. An employee who is covered under a non-
City health plan cannot enter the REMIF plan until the annual open enrollment period, or
upon a qualifying event.
B. Retiree Medical Insurance Requirements
medical, dental and/or vision insurance plans upon retirement will be increased from 7
years to 10 years, effective 7-1-2014, in order to comply with REMIF retirement
insurance eligibility requirements, standardized for all REMIF cities.
A represented employee retiring with ten or more years of city of Ukiah service after
July 1, 1984, shall have the opportunity to purchase REMIF or Operating Engineers
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billing due date. The City is not responsible for notifying the retiree when a payment is
due. In the event the retiree does not make the monthly payment on time, the City shall
drop the retiree from the insurance program. Once a retiree has discontinued coverage,
she/he shall no longer be eligible to continue coverage at a later date. By participating,
retirees agree to indemnify and hold the City harmless against all claims arising as a
result of purchased coverage or the discontinuance thereof.
C. Health Benefit Advisory Committee
Should the City Manager, during the term of this agreement, convene the Health Benefit
Advisory Committee, this Unit 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.
9. OVERTIME
A. Non-Exempt Employee
1. For non-exempt employees working an eight hour shift, overtime is defined as
actually working more than 40 hours in your designated seven (7) day work
week.
B. Calculation
1. Overtime will be charged in increments of one-half hour. Any time worked
from 1 to 30 minutes shall be computed as one-half hour of overtime.
10. PAID LEAVE
A. Employee Sick Leave
Sick leave benefits are to be used for medical and dental appointments and absences
due to mental or physical illness, or personal injury only. These benefits are no to be
used for any other purpose. Every regular, full time employee will accrue one sick day
for each month of service. Part-time employees working year round and at least 20
hours per week are eligible for pro-rated sick leave hours based upon the number of
hours worked. These benefits are non-accruing.
Sick leave usage is computed in one-half hour increments. One half-hour increments
shall be computed by rounding to zero for less than 15 minutes and rounding to 30
minutes for 15 minutes or more. During or after an absence due to illness, you may be
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 t
returning to work.
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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 4.06.5, Family
and Medical Leave Act, which may also apply.) Sick leave benefits will not be
accumulated during unpaid leaves of absence.
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.
B. Family Sick Leave
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.
C. Holidays
The following shall be the officially observed City holidays for this Unit:
st
1. 1
2. Martin Luther King Day
rd
3. 3
4. Last Monday in May, Memorial Day
th
5. 4 of July, Independence Day
st
6. 1 Monday in September, Labor Day
nd
7. 2 Monday in October, Columbus Day
th
8. 11
th
9. 4 Thursday in November, Thanksgiving Day
10. Day following Thanksgiving
th
11. 24 of December, Christmas Eve
th
12. 25 of December, Christmas Day
st
13. December 31
In addition to the above each employee shall be given eight hours leave with pay as a
floating holiday. The floating holiday hours are credited to your vacation accrual
balance in August of each yearin the beginning of the fiscal year each year.
Should any of these Holidays fall on Saturday, the preceding Friday shall be considered
the paid Holiday. Should any of these Holidays fall on Sunday, the following Monday
shall be considered a paid Holiday.
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D. Vacation Leave
Vacation is earned and accrued hourly each pay period according to the following
schedule:
Hours Earned Per Pay
Years of Service Maximum Accrual
Period
0 3 4.0 Hours 224.0 Hours
4 8 4.7 Hours 260.4 Hours
9 15 6.2 Hours 338.4 Hours
16 19 6.8 Hours 369.6 Hours
20 Plus 8.0 Hours 432.0 Hours
E. Vacation Cash Out
Employees who reach their maximum vacation accrual may cash out one (1) week (40
hours) vacation, limited to one (1) time per fiscal year. This may be requested within
two pay periods prior to the employee reaching their vacation accrual maximum.
F. Bereavement Leave
Represented employees shall be entitled to a maximum of three (3) days leave of
immediate family. If travel exceeding 350 miles one way is required, an employee may
be granted a maximum of two (2) days additional paid bereavement leave. This leave
shall not be charged to sick leave.
grandmother, or grandchild of the employee or the emp
son, stepson, foster son, son-in-law, daughter, stepdaughter, foster daughter, daughter-
in-law, brother or sister of the employee, any relative living in the immediate household
G. Personal Leave
The City and the Union agree that the members of this Union shall receive three (3)
days of personal leave annually, credited in full on July 1 of each year. This leave shall
not be considered a portion of vacation leave. This leave will be non-accumulative, and
if not used within a year it will be deleted from the employees paid leave time.
City and Union agree that the intent of personal leave was to provide time off for
employees for personal emergencies and needs regarding family members and other
personal business. The City has allowed these personal leave days to the employees
realizing that there are these special times that require time off that does not really fit
into the vacation and sick leave accruals. The Union has requested to use their
personal leave days in conjunction with vacation. The City will agree to allow the use of
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personal leave with vacation, but strongly suggests to the Union members that the
intent of this leave be considered and that they use their personal leave with vacation
sparingly.
H. Workers 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. Minor injuries not requiring
Please refer to the Employee Manual and/or the Human Resources Department for
further detail.
11. 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 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,
availability of qualified staff to handle the work load.
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.
A. Family and Medical Leave (FMLA)
-protected leave of absence
for periods of up to 12 weeks in a 12-month period for any of the following reasons:
placement of a child with an employee for adoption or foster care;
parent, who has a serious health condition;
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spouse,
son, daughter, or parent is on covered active duty or call to active duty status
(Under the FMLA only, not the CFRA): and
service member of the United States Armed Forces who has a serious injury or
illness incurred in the line of duty while on active military duty or existed before
line of duty on active duty in the Armed Forces (this leave can run up to 26
weeks of unpaid leave during a single 12-month period under the FMLA only,
not the CFRA).
Eligible employees include those persons employed by the City of Ukiah for at least 12
months and who have completed 1,250 hours of service during the 12-month period
immediately preceding the commencement of the leave.
Please refer to the Employee Manual and/or the Human Resources Department for
further detail.
12. SPECIAL PAYS
A. Bilingual Pay
A proficient Spanish/English bilingual employee in the following classifications:
Customer Service Representative I, II and III; Receptionist; Police Records Clerk, who
passes the oral and written bilingual test, receives a flat, per month, pay differential of
$75.00. Employees who have served for 10 years or more with the City of Ukiah and
have passed the bilingual oral and written test will receive a total of $100 per month.
Any other classification that utilizes bilingual speaking as a major function in the
performance of their duties and responsibilities shall be considered for bilingual pay
eligibility upon mutual agreement by the City and the Unit.
B. Specialty Pay
1. Pesticide Spraying
Any employee who applies pesticides which require a County I.D.# or Restricted
will be paid at a rate of $3.00 per hour over salary for every hour of spraying.
These records will be kept by the department and recorded separately on the
time card for payroll use.
2. Water Division Educational Incentive Plan
City shall recognize the certification program for Water Division personnel
developed by the State of California pursuant to Sections 4060 to 4095 of the
California Health and Safety Code and described in Title 17, California
Administrative Code part 1, Chapter 5, Subchapter 1. Upon the attainment of a
State of California water treatment, distribution, or wastewater certificates which
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are not a minimum requirement of the related classification, a 2 ½% salary
increase over base pay shall be granted, and upon the attainment of a second
certificate which is not a minimum requirement of the related classification, an
additional 5% salary increase over base pay shall be granted, to a maximum of
7.5%
EXAMPLE:
Senior Wastewater Operator position requires a Grade III Wastewater
Certification. If employee obtains a Grade IV Wastewater Certificate he/she is
eligible for 2.5% over base pay. If same employee obtains a Grade V
Wastewater Certificate he/she is eligible for an additional 5% over base pay, to a
maximum of 7.5%.
The following classifications are included in this certificate program:
a. Water and Sewer Maintenance Attendant I & II
b. Water and Sewer Service Attendant
c. Water and Sewer Lead Worker
d. Water Treatment Plant Operator/Mechanic & Senior Operator
e. Wastewater Treatment Plant Operator/Mechanic, Lead & Senior
f. Wastewater Treatment Plant Senior Operator/Mechanical Technician
Water Utilities Equipment Mechanic
13. MISCELLANEOUS PROVISIONS
A. 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.
B. Boot Allowance
For appropriate classifications, the City will pay up to $150 boot allowance to be
reimbursed one time per year upon submission of receipt, in addition to the currently
City-provided rain gear and other personal protective equipment necessary for job
performance.
C. Replacement of Job Required Equipment
Replacement at City expense of eyeglasses and job required equipment damaged or
destroyed while on duty to be considered on the merits of each individual case.
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D. Compensatory Time Off (CTO)
Unit members may accrue CTO at the time and a half rate up to a maximum of 50
hours. Actual use of the CTO time will be approved by the Departments after
reasonable consideration of the workload and vacation and sick time schedules of other
personnel.
E. Store Stop Policy
Water Utilities/Mechanics Bargaining Unit employees may make store stops for the
purchase of refreshments, snacks, and medicine during their normal and overtime work
hours upon express consent of their immediate supervisor.
The stops shall not interfere with any work or job assignment, as store stops will only be
allowed for breaks and upon the consent and convenience of the immediate supervisor.
The store stop shall be at the nearest convenient store in the area. All stops are to be
for purchase only and there will be no loitering at the store location.
The employees and management shall police this policy. The employees shall bring it
to the attention of any employee abusing this policy. If the employee continues the
abuse, they shall be reported to their immediate supervisor, who may at their discretion
issue a verbal reprimand for the first violation, and an employee with more than two
violations may lose their store stop privilege for six months. Disciplinary action following
continued violations will be as determined by the Department.
After a six month store stop suspension, the employee will be reinstated, providing they
have properly complied in that six month period. Failure to properly control this privilege
may result in the withdrawal of this policy to all employees in the Unit.
F. Emergency Meals
Employees required to work in increments of four (4) consecutive hours outside of their
normal working day because of an emergency situation which does not allow the
employee to provide for a meal shall be furnished one meal for each four (4) hours
worked if not furnished from other sources.
G. Section 125 Plan
The City will provide a Section 125 (Cafeteria) Plan for employees in this Unit.
H. Longevity
Only employees hired prior to July 1, 1990 shall be eligible and grandfathered at the
rate of 1% salary after seven years, and an additional 2% of salary for a total of 3% of
salary after fourteen years.
I. Career Step Program
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
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1. Eligibility Regular, full-time employees who have completed 7 years of
expectations) or above rating on their most current annual performance
evaluation are eligible to apply for the first career step increase.
Provisions for eligibility are as follows:
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
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
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 o
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
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 goals 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.
4. After receiving a career step increase, if any performance evaluation fall
below the minimum performance rating required for that level, the last
percentage increase will be lost. Example: if an employee has received their
addi
competent) level in their next performance evaluation, they will only lose the last
percentage received, or 2% in this case. If 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.
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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.
J. Career Development Program
It is the intent of the City of Ukiah (City) to recognize the future growth of both the City
and its employees by adopting a Career Development Program which will encourage
employees to avail themselves of job-related educational opportunities. The purpose of
This proposal is made with the realization that such a policy must be within the financial
capability of the City, that the work for which the employee was originally appointed is
given first priority, and that the City shall not expend, nor the employee accept, training
funds with the intent of enabling the employee to secure a position with other agencies
or business entities.
Such training programs may include college or university courses, lectures, seminars, or
continuing education courses.
Provisions for the Career Development Program are as follows:
1. Preparation for classes and their requirements are to be completed on the
2. To be eligible for funds, the employee must receive advance written approval
by his/her Department Head and City Manager or designate.
3. Funds to the employee shall be predicted upon a grade point of 2.0 or better;
or verifiable attendance of lectures or seminars.
Department Head and City Manager approval of all employee training courses shall be
based upon the degree of value to the City, continuing development of employees, job
Mutual benefit training is coursework of equilateral benefits to the City and employee.
This would include job related coursework and general courses applied to a degree
ability within the City.
Criteria for this assessment would be based upon applicability of subject matter to a
relevant degree or
Up to 50% off the general education courses taken toward a degree related to the
The City shall try to allow up to three (3) flex hours per week for employees who need to
take classes during working hours if no other non-working hour class is available. City
participation shall consist of registration and costs of books and related materials.
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The City Manager shall cause a file to be kept in the Personnel Office in which a record
of the Career Development Program is maintained. In addition, a record of each
K. Jury Duty
If you are called to serve on a jury for 15 days or less (a day is any day in which court is
held without regard to the number of actual court hours), you will receive your base pay.
You are required to furnish your department head a copy of your official notice and to let
him/her 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
appointed to trials of longer duration.
L. Residency / Response Time
Water/Sewer employees shall establish residency within a 2030-minute notification to
respond zone.
Wastewater Treatment Plant employees shall establish residency within a 45-minute
notification to respond zone.
The City and the Union agree they have met and conferred on the issue of residency
requirements. The Union recognizes that the City has the right to establish residency
requirements as applies to the classifications addressed in Personnel Policies Chapter
XIII, Section 4, paragraph 8, All Other Employees.
M. 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 from the end of their regularly scheduled shift and the beginning of
their next regularly scheduled shift 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,
during the period between the end of their regularly scheduled shift and the
beginning of their next regularly scheduled shift on a workday, any travel time
and mealtime to which an employee is entitled.
3. If the eight hour rest period in
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.
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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.
a. 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.
5. 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.
6. 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.
N. Probationary Period
There is an introductory period of six months for new appointments and promotions.
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.
Vacation and sick time accrued during the probationary period may be used as it is
accrued.
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Operating Engineers Water Utilities/Mechanics Page ΑΕ
O. Reclassification of Unit Positions
The City will provide advance notice to Operating Engineers Local No. 3 and the
Miscellaneous Unit Representatives of any proposed new classifications, amended
class specifications, and reclassifications. Upon request of Operating Engineers Local
P. Disciplinary Action/Written Reprimands
The City agrees to secure the record of a written reprimand disciplinary action after 3
years if no similar violations occur. The following language will be added to the City of
Ukiah Disciplinary Procedures, Section II.A. Reprimand:
right to request in writing that a letter of reprimand be secured within
no similar violations occur. The employee may submit a request to Personnel to have the
reprimand placed in a secured envelope within the Personnel file. The Personnel Officer,
the envelope may be
Q. Out of Classification Pay
Any employee properly and formerly assigned to perform the duties of a higher paid
classification for one or more shifts, shall be paid retroactively for completion of each
shift at the rate of 5% or Step A of the classification, whichever is higher.
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) in the exempt classification, after which time overtime will not be paid at
the out-of-class rate. 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 at the
th
out of class differential rate after the 30 day.
R. Call Back
The first callback shall be paid at a two-hour minimum at time and one half pay. If an
employee works over 2 hours on the first call back they will be immediately eligible for
nd
an additional 2 hours pay for the first call back. The 2 call back is paid at the actual
time worked with a one hour minimum at time and one half pay as long as the second
call back is not within the first call back time frame.
S. Standby Pay
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. Employees who are scheduled without
regard to weekends and holidays, because of staffing seven days per week, will be paid
two hours of pay at straight time on a weekend or holiday in which they work a regular
shift.
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Operating Engineers Water Utilities/Mechanics Page ΑΖ
T. Dues Deduction
City will make payroll deduction of union dues bi-weekly when furnished by the union
th
with an acceptable authorization signed by the employee prior to the 15 of the month
during which the initial deduction is to be made.
U. No Strike/Job Action Provision
1. Prohibited Conduct
The Unit, its officers, agents, representatives, and/or members when on duty,
agree 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 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 1, Prohibited
Conduct, (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 officers, agents, representatives, and/or
members engage in any of the conduct prohibited in Section 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 1, Prohibited Conduct, above,
and return to work.
b. If the Union performs all of the responsibilities in good faith set forth in
item a. 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.
V. Re-Opener
During the term of this Agreement, either party may re-open the contract to bargain over
up to two (2) non-economic issues in October of 20196 and October of 202017.
W. 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.
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Operating Engineers Water Utilities/Mechanics Page ΑΗ
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
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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Operating Engineers Water Utilities/Mechanics Page ΑΘ
This Memorandum of Understanding is ratified and adopted pursuant to the recommendations
of the following representatives this 2nd day of December, 2015.
CITY OF UKIAH OPERATING ENGINEERS WATER
UTILITIES/MECHANICS UNIT
____________________________ _______________________________
Sage Sangiacomo, City Manager Matthew Anliker, WWTP OIT
_______________________________
Mario Dogali, Water/Sewer Attendant II
OPERATING ENGINEERS LOCAL NO. 3
_______________________________
Joe Louis Wildman, Business Representative
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Operating Engineers Water Utilities/Mechanics Page ΒΏ
WATER UTILITIES/MECHANICS UNIT CLASSIFICATIONS
Environmental Lab Technician I, II, III
Equipment Mechanic
Lead Equipment Mechanic
Lead Wastewater Treatment Plant Operator
Sr. Equipment Mechanic
Sr. Wastewater Treatment Plant Operator
Sr. Wastewater Treatment Plant Operator/Mechanical Technician
Wastewater Treatment Operator-in-Training
Wastewater Treatment Plant Operator
Wastewater Treatment Plant Operator/Mechanic
Water & Sewer Service Attendant
Water Treatment Operator-in-Training
Water Treatment Plant Operator/Mechanic
Water/Sewer Attendant I, II
Water/Sewer Lead Worker
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Operating Engineers Water Utilities/Mechanics Page Βΐ
WATER UTILITIES/MECHANICS UNIT SALARY SCHEDULE
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Operating Engineers Water Utilities/Mechanics Page ΒΑ
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9ŅŅĻĭƷźǝĻ {ĻƦƷĻƒĬĻƩ ЋЌͲ ЋЉЊБ
4% COLA
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Wastewater Treatment Plant OIT6029 3,310.05 3,475.55 3,649.33 3,831.80 4,023.39
Water Treatment Plant OIT6129
Water& Sewer Attendant I6232 3,564.56 3,742.79 3,929.93 4,126.43 4,332.75
Water & Sewer Attendant II6135 3,838.65 4,030.58 4,232.11 4,443.72 4,665.91
-
Environmental Laboratory Technician I6536 3,934.62 4,131.35 4,337.92 4,554.82 4,782.56
Water & Sewer Service Attendant6236
Equipment Mechanic6038 4,133.81 4,340.50 4,557.53 4,785.41 5,024.68
Environmental Laboratory Technician II6239 4,237.15 4,449.01 4,671.46 4,905.03 5,150.28
Wastewater Treatment Plant Operator6139
Water Treatment Plant Operator6339
Sr. Wastewater Treatment Plant Operator6144 4,793.95 5,033.65 5,285.33 5,549.60 5,827.08
Sr. Water Treatment Plant Operator6344
Water & Sewer Lead Worker6044
Environmental Laboratory Technician III6145 4,913.80 5,159.49 5,417.46 5,688.33 5,972.75
Lead Wastewater Treatment Plant Operator6046 5,036.65 5,288.48 5,552.90 5,830.55 6,122.08
wĻƦƚƩƷğĬƌĻ {ƦĻĭźğƌ /ƚƒƦĻƓƭğƷźƚƓ
Bilingual Pay$75 - $100 per month
Career Step Pay & Longevity Pay1%-5% added to base
Water Division Certificate pay2.5%-7.5% added to base
84
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3% COLA
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Wastewater Treatment Plant OIT6029 3,409.35 3,579.82 3,758.81 3,946.75 4,144.09
Water Treatment Plant OIT6129
Water& Sewer Attendant I6232 3,671.50 3,855.08 4,047.83 4,250.22 4,462.73
Water & Sewer Attendant II6135 3,953.81 4,151.50 4,359.08 4,577.03 4,805.88
Environmental Laboratory Technician I6536 4,052.66 4,255.29 4,468.05 4,691.45 4,926.02
Water & Sewer Service Attendant6236
Equipment Mechanic6038 4,257.82 4,470.71 4,694.25 4,928.96 5,175.41
Environmental Laboratory Technician II6239 4,364.26 4,582.47 4,811.59 5,052.17 5,304.78
Wastewater Treatment Plant Operator6139
Water Treatment Plant Operator6339
Sr. Wastewater Treatment Plant Operator6144 4,937.77 5,184.66 5,443.89 5,716.08 6,001.88
Sr. Water Treatment Plant Operator6344
Water & Sewer Lead Worker6044
Environmental Laboratory Technician III6145 5,061.21 5,314.27 5,579.98 5,858.98 6,151.93
Lead Wastewater Treatment Plant Operator6046 5,187.75 5,447.14 5,719.50 6,005.48 6,305.75
wĻƦƚƩƷğĬƌĻ {ƦĻĭźğƌ /ƚƒƦĻƓƭğƷźƚƓ
Bilingual Pay$75 - $100 per month
Career Step Pay & Longevity Pay1%-5% added to base
Water Division Certificate pay2.5%-7.5% added to base
85