EXHIBIT
3-A
MEMORANDUM
OF UNDERSTANDING BETWEEN THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT
THE
CONFIDENTIAL STAFF BARGAINING UNIT
This Memorandum of Understanding (M.O.U) sets forth the
agreement between the representatives of the Confidential Staff Bargaining Unit
and the representatives of the MONTEREY PENINSULA WATER MANAGEMENT DISTRICT (hereinafter referred to as “District”) on all matters
concerning wages, hours, working conditions and other terms of employment for
employees within the CONFIDENTIAL STAFF BARGAINING UNIT (hereinafter referred
to as Unit).
The District and Unit representatives have met and
conferred in good faith and have arrived at an understanding concerning wages,
hours, working conditions and other terms of employment. This agreement supersedes all prior District
Personnel Policies that pertained to members of this bargaining unit, where
such matters have been specifically addressed.
In the event of a conflict between this contract and any policy,
memorandum or directive, either written or verbal, this contract shall prevail.
B. Before
submission of a recommendation to contract out any function traditionally
performed by unit employees which would result in a reduction of the work
force, the Unit will be offered the opportunity to examine the proposal for at
least thirty (30) days prior to Board action, whenever possible and to submit
recommendations. If requested, the
District will meet and confer over the impact of proposed layoffs prior to the
implementation of said layoffs.
1. Full-time Regular Employee: An
employee of the District occupying a regular position who is employed 40 hours
per week and who is not serving under a written contract or in an introductory
status.
2. Part-time Regular Employee: An
employee of the District who is not a full-time regular employee, who is
employed less than 40 hours per week and who is not serving under a written
contract or in an introductory status.
3. Introductory Employee: An employee
of the District who is serving in the minimum six (6) month working test period
required before the appointment as a full‑time regular employee is
completed, during which the terms of
the extended introductory period must be satisfied. In the case of a part‑time employee,
the introductory period shall also be a minimum six (6) month period before the
appointment as a part‑time regular employee is completed. An employee on introductory status may be
terminated without cause.
4. Limited-Term Employee: An employee of the District who is not a
regular employee, and who is hired for a project that is estimated to require
1,000 hours or less in a fiscal year. (July 1- June 30). If a project requires more than the
originally estimated time, the limited-Term employee may be extended for
additional 1,000-hour periods with Board approval. Any Limited-Term employee
can be terminated without cause and shall not be entitled to employee rights or
benefits specified in Article 4 with the exception of eligibility for PERS
retirement benefits if the total worked in a fiscal year exceeds 1,000 hours.
5. Volunteer: A
person who is not a paid employee who participates in any District activity by
providing their labor and services to the District free of charge. Use of volunteers on District projects must
be approved by both the Division Manager and Risk Manager for liability and workers’
compensation purposes. (Resolution No.
96-03 outlines the Board’s authorization and governs of the use of volunteers.)
6. Exempt Employee: An employee of the District that is not
subject to the overtime provisions of the Fair Labor Standards Act (FLSA).
7. Non‑Exempt Employee: An employee of the District
that is subject to the overtime provisions of the Fair Labor Standards Act
(FLSA).
1. Introductory Status: The
introductory period shall be used by the General Manager for the evaluation of
any new employee, and for the termination of any introductory employee whose
performance, work, or behavior does not meet the required standards of the
Monterey Peninsula Water Management District. Each appointment, re‑employment, or transfer to a
regular position shall be subject to an introductory period of six (6) months
for full-time and part-time positions.
This introductory period is the final phase of the examination and qualification
process before the appointment as a regular employee is completed.
The introductory period shall date from
the time of initial employment in a position and shall not include time served
as a limited-term employee nor any period of continued leave of absence without
pay exceeding thirty (30) days.
The General Manager may extend the
introductory period of an employee for a period not to exceed six (6) months
upon furnishing the employee with a statement of the reasons for such extension
and the required standards that must be met in order for the employee to
successfully complete the introductory period.
2. Regular Status: Regular status is
afforded all qualified employees of the District, other than employees who are
on probation or are contract employees.
3. Limit-term
Status: A limited-term employee is one hired for the purpose of filling
short-term employment vacancies, vacation, sick leave, military leave, leaves
of absence, and/or to meet other short-term business demands of the
District. Limited-term employment may be
terminated at the will of the General Manager or the employee.
4. Part-time Status: A part-time employee is an employee who works
less than full-time and does not
occupy a regular full-time position.
A. Regular
Employees: Regular employees are entitled to vacation, sick leave, leaves
of absence without pay, and other benefits set forth in this section and as
authorized by the District.
B. Introductory Employees:
Introductory employees shall accrue vacation and sick leave credit but shall
not be entitled to use vacation credit until successful completion of the
introductory period. However, any
vacation time accrued by working on a District holiday may be used prior to the
end of the probation period.
C. Limited-term Employees:
Limited-term employees shall not be entitled to any of the benefits set forth
in this section. with the exception of those Limited-term employees who have
been extended by Board approval for more than 1,000 hours of employment in a
fiscal year, who will then become eligible for PERS retirement benefits.
A. A
deferred compensation plan (IRS Section
457) is available to all regular
employees. Deferred compensation is an IRS-approved method of saving for
retirement which includes deferring federal and state income taxes. Current District policy permits an employee
to start, stop, increase, decrease, or change investment funds as often as he or
she wishes without fees or penalties. The District does not contribute to the
deferred compensation plan except as may be required by an individual
employment contract.
B. A
Section 125 Flexible Benefits Plan is provided. This plan provides the
opportunity to participate in an Unreimbursed Medical Expenses Plan and a
Dependent-care Expense Reimbursement Plan on a pre-tax basis. Participants may contribute up to $5,000 per
year, beginning with the next Plan Year in January 2007. The District does not
contribute to the Section 125 Flexible Benefits Plan.
The District shall participate in the
California Public Employees Retirement System (PERS) 2% at 55 Plan. The District shall pay both the employer's
and the employee's share. The District shall also provide the PERS 1959
Survivor Benefit, Fourth Level, at no cost to the employee. Effective July 1, 2008, the District’s contract
provides the one year final compensation benefit pursuant to Government Code
section 20042.
ARTICLE
7
HEALTH AND WELFARE BENEFITS
Medical, dental, vision, life insurance,
short-term disability insurance, long‑term disability insurance, and an employee
assistance plan shall be provided for all regular employees, introductory
employees, and their eligible dependents. Medical insurance will also be
provided to eligible retirees and their eligible dependents. The terms and conditions of enrollment and
the benefits provided under all health plans are subject to the plan documents
which are controlling.
A.
Premium
Payment: During the term of this
agreement the District will pay the below designated amounts towards employee
benefits. Should employees be required
to make any premium payment, such payments shall be made by payroll deduction.
1. Life, Survivor, LTD & EAP: The District shall pay 100% of premiums for
life insurance, survivor benefit, long-term disability insurance, and the
employee assistance plan premiums for all regular and introductory employees.
2. SDI:
The District will pay 50% of the premium for short-term disability
insurance. Employees will be required to
pay the other 50% of that premium.
3. Employee Health Insurance
Medical, dental (including orthodontia)
and vision insurance shall be provided through Laborers Health and Welfare
Trust Fund for Northern California Special Plan III. Should other plans become available, either
party may request to meet and confer to discuss changing the health insurance
provider.
Effective
07/01/07: The District
will pay $855 per month for all eligible employees and their dependents.
Effective
09/01/07: The District
will pay up to $930 per month for all eligible employees and their dependents.
Effective
09/01/08: The District
will pay up to $1032 per month for all eligible employees and their dependents.
B.
Employee Health Insurance Opt-
Out:
Employees
who have health coverage available through another family member may opt out of
the District medical dental, or vision plan. The District shall reimburse the
employee for that portion of the premium cost which is incurred, if any, to
cover the employee and his/her eligible dependents under his/her family
members’ health plan up to a maximum amount equal to 75% of the total District
premium payment for employee health premiums as stated in 3.A above
This
opt-out provision will be cancelled, in whole or part, in the event the
District transitions to a health provider that requires an employee participation
rate that would, by necessity, include employees who had previously opted out
of health insurance through the District.
The option to opt out will be offered on a first-come, first-serve basis
up to the maximum number allowable by the applicable District plan. In addition to reimbursing the opt-out
employees for dependent coverage under their spouses’ plan, the District will
pay the premiums for employee elected AFLAC supplemental insurance policies. The cap at 75% of District health plan cost
will be retained. Employees choosing to
opt out of the District health plan shall receive no additional compensation
beyond that described in this paragraph.
C. Retiree
Medical Premiums
The District
contribution towards retiree medical premiums will be available only to those
retirees and their dependents or survivors who meet the eligibility criteria
established by the District and/or the medical care provider. Retirees shall be eligible for enrollment in
the plan in effect for members of the bargaining unit from which they
retired. Retirees eligible for Medicare through
current or prior employment or the military, must enroll in a Medicare
supplemental plan. To be eligible for paid retiree medical from the District,
the retiree must not be entitled to receive equivalent health care through
current or prior employment or the military.
a. Less
than 15 years of District service: The
District will contribute the amount specified in Article 10, Section C. a. of
the General Staff Bargaining Unit Memorandum of Understanding.
b. 15
or more years of District service: The
District will contribute the premium required by its medical plan provider for
employee-plus-one coverage up to $855 per
month.
The District
contribution will increase by
3% effective the beginning of each calendar year, beginning in 2007, if
necessary to apply to any increase in the premium for the retiree and one
eligible dependent.
c. For Unit members hired prior to July 1,
2006, the benefit in Article C. b. will apply, regardless of years of service.
D.
Survivor Premiums
For a
period of one year, the District shall continue to provide and will pay the
entire premium for medical coverage for the surviving dependent(s) of an
employee or retiree whose death occurs when the dependent(s) are receiving
medical benefits from the District.
ARTICLE
8 VACATION
A.
Eligibility. Each full‑time regular employee shall
be eligible for vacation with full pay after six (6) months continuous
employment. All vacations shall be
scheduled upon prior approval of the Division Manager or General Manager. Introductory and contract employees shall not
be entitled to vacation.
B. Accrual
Rate. Eligible full‑time
regular employees shall accrue annual vacation on the following basis:
YEARS
OF COMPLETED FULL-TIME ANNUAL
VACATION
TIME
CONTINUOUS SERVICE ACCRUAL
0 - 1 year 10 days
per year
1 year - 5 years 15 days per year
5 +years
20
days per year
15+ years 22
days per year
Part‑time employees
shall accrue annual vacation on a pro‑rata basis, based upon the hours
actually worked by each employee. No
employee shall be permitted to accrue unutilized annual vacation in excess of
60 days.
C. Compensation in Lieu of Vacation. Each regular employee who separates from
the District shall be entitled to compensation for all accrued but unutilized
vacation, not to exceed the maximum allowed accrual of 60 days. Vacation is
accrued monthly. A pro-rata calculation
will be made for any portion of the month a separating employee has worked.
D.
Policy
on Vacation Usage. Employees are encouraged to utilize their
yearly vacation accrual on an annual basis.
E.
Management
Leave. In addition to
vacation accrual pursuant to the preceding paragraphs of this section, the
Administrative Services Manager/Chief Financial Officer shall also be granted
six (6) days of management leave each fiscal year. This leave may be taken only in the year in
which it is granted, and no accrual or carry‑over of unused executive
management leave shall be allowed. No payment for unutilized executive
management leave shall be allowed.
ARTICLE
9 SICK
LEAVE
Sick leave shall be allowed employees
only in case of necessity, when required by actual sickness or disability.
A. Credits, Accumulation, Compensation. Sick leave with full pay shall be accrued by
every regular and introductory employee at the rate of one day per month. Part‑time employees shall accrue sick
leave at this same rate, pro‑rated in proportion to the hours they
actually serve, calculated on a monthly basis.
All unused days of sick leave shall be accumulated. There is no accrual limit for unutilized sick
leave. At the time of termination of
service, an employee shall be paid for a maximum of 75 days of accumulated sick
leave. Any regular employee separated
from service with less than one year's longevity as a regular employee shall
not be entitled to payment for unused sick leave. An employee whose retirement date is within
four months of his or her separation date from the District may choose to
convert all or a portion of their unused sick leave to a credit of .004 years
of service for each unused day of sick leave.
B.
Charges. Sick
leave shall be charged against an employee’s credit only for regular working
days and shall not be charged for time absent on holidays or other authorized
days off. Absences related to Pregnancy Disability Leave, or Family Medical
Leave may be charged against accrued sick leave by employees. When sickness or injury is job-incurred, the
regulations of the California Workers’ Compensation Law shall apply. Sick leave shall not be granted to an
employee for work-related sickness or injury incurred while employed elsewhere.
C.
Notification
and Certification. In order to be granted sick leave for any
period of time, employees shall, no later than four hours after the time
established for reporting to work, notify their supervisor of their inability
to report for work and the reason therefore.
When an employee requests credit for more than three (3) consecutive
days of sick leave or more than four (4) days of sick leave in any one thirty
(30) day period, said employee shall file with his supervisor a certificate
from a physician stating the justification for such absence.
ARTICLE
10 OTHER
LEAVES
A.
BEREAVEMENT
OR CRITICAL FAMILY ILLNESS LEAVE.
Up to three (3) days of leave with pay per year may be requested by an employee
to attend to the critical illness or the funeral of any member of the immediate
family. Members of the immediate family are the mother, father, grandmother,
grandfather, grandchild of the employee, the spouse/domestic partner of the
employee, step-children, son, son‑in‑law, daughter, daughter‑in‑law,
brother, brother‑in‑law, sister, sister‑in‑law of the
employee, or any relative or person living in the immediate household of the
employee. There shall be no accrual of
bereavement leave.
B. JURY OR WITNESS DUTY. In
accordance with the provisions of Government Code Section 1230.1, deductions in
the amount paid as witness or jury fees shall be made from the salary of an
employee who is subpoenaed or appears as a witness or is called to jury duty.
Employees summoned to jury or witness
duty shall receive only their regular salary for a period not exceeding 8 weeks
per annum and shall, unless they elect to take vacation or other leave, be
excused from their regular duty only to the extent necessary to fulfill their
obligations as jurors or witnesses.
Except as provided below, no time spent as a juror or witness shall
count or be credited toward overtime eligibility, nor shall any other form of
premium or extra compensation be paid for any time spent while serving as a
witness or juror.
If an employee is subpoenaed as a witness
in connection with his/her official duties as a District employee, the time
actually spent serving as a witness shall be considered work time.
This section shall not apply to an
employee who is a party or an expert witness.
C. LEAVES OF ABSENCE.
1. Non-disability
Leave of Absence. A leave of absence without pay may be granted by the
General Manager for a regular employee for a period not to exceed two
months. Granting of such leave is
dependent upon the needs of the District and is totally discretionary. Requests for such leaves and action thereon
will be in written form.
a. The Employee shall, except in extraordinary
circumstances, notify the District thirty (30) days before the leave is
anticipated to begin.
b. When the leave is commenced, the employee will be placed on
leave in a non‑pay status. Use of
sick leave, compensatory time, management leave and/or vacation time and
holidays may be requested, so long as these leave banks have been accrued, and
their use is approved by the General Manager. Sick leave, management leave, vacation and
holiday credits cease to accrue once the leave of absence is commenced.
c. During
any non‑disability leave of absence, the District will maintain the
employee's medical, dental, vision, life and long‑term disability
insurance at the employee's expense, subject to the restrictions of the
policies. The employee will be placed on
leave of absence status with PERS. Employees are responsible for timely payment
of the entire premium payment while on leave of absence exceeding one full
calendar month and are subject to plan termination in the event such payment is
not received by the District.
2. Disability Leave of Absence. Based upon medical evidence of
disability and a written request from the employee, any employee shall be
entitled to a disability leave of absence for a period of time up to 120 days.
a. The employee shall, insofar as possible, notify the District 14
days before the leave is anticipated to begin.
b. When the leave is commenced, the employee will be placed on
disability leave in a non‑pay status.
Use of sick leave, compensatory time, management leave and/or vacation
time and holidays may be requested, so long as these leave banks have been
accrued, and their use is approved by the General Manager. Sick leave, management leave, vacation and
holiday credits will cease to accrue once the leave of absence is commenced.
c. During a disability leave of absence, the
District will maintain the employee's medical, dental, vision, life and long‑term
disability insurance at the District's expense, subject to the restrictions of
the policies. The employee will be
placed on a leave of absence status with PERS.
d. Actual duration and scheduling of the disability leave shall be
based upon the doctor's certification of disability. The District reserves the right to have a
physician of the District's selection verify the disability.
It is possible that non-disability and
disability leaves of absence could be
utilized sequentially.
For a leave of absence requested by the
employee, the employee's position will be held open for that employee during
the leave of absence, or if that is not possible, a different but similar
position will be made available when the employee returns to work.
Once the approved leave period has
lapsed, the employee must return to work or be terminated. Any employee who fails to report for duty as
scheduled after a leave of absence shall be considered to have abandoned and
constructively resigned his/her position unless an extension has been granted
by the General Manager.
Notwithstanding any other provision of
this section, the Board of Directors may, by resolution, make provisions for
other leaves of absence without pay.
ARTICLE
11 HOLIDAYS
A. HOLIDAYS.
The
District shall observe the following listed days as legal holidays:
New Year's Day Thanksgiving
Day
Martin Luther King's Birthday Day after Thanksgiving
Presidents' Day Christmas Eve
Memorial
Day Christmas Day
Independence
Day Veterans
Day
Labor
Day
B. If
one of the above listed holidays falls on Sunday, the following Monday shall be
the holiday in lieu of the day observed.
If one of the above-listed holidays falls on a Saturday, the preceding
Friday shall be the holiday in lieu of the day observed. When the day on which a District holiday is
observed falls on a worker’s regularly scheduled day off, during the worker’s
regularly scheduled vacation or if the General Manager requests said employee
to work on that day, the worker shall be entitled to holiday pay of up to 8
hours. In addition, all actual hours
required to be worked on a holiday shall be converted to vacation time at the
rate of 1-1/2 times and added to the employee’s vacation leave balance.
C. FLOATING
HOLIDAYS
Regular full-time and regular part-time
employees shall be given two floating holidays each fiscal
year. Floating holidays will be defined as entire days off, with up
to 8 hours paid time. Use of floating holidays will be subject to
prior approval by the employee's supervisor. They will be granted
after consideration of operational needs, in the same manner as vacation
time. Both floating holidays must be used within the fiscal year that
they are issued or they will be lost.
D.
During
December of each year, commencing with 2007, the District shall be closed for
the regular work days that occur between the designated Christmas Day holiday
and the designated New Year’s Day holiday.
Employees shall be on furlough and not allowed to work for these days,
with the exception of those employees who are required to work in the field
during the furlough period. These field
employees, as well as any employees on bereavement leave during the furlough
period, shall be required to take off the number of days equal to those regular
work days the District Offices are closed.
The furlough replacement days must be taken during the last pay period
of December or the following four pay periods in January and February. Other
exceptions to the furlough requirement may be granted by the General Manager
during a declared emergency.
Employees
may take accumulated vacation leave to cover the time off work. Employees who do not have sufficient vacation
leave to cover the entire time off work may use sick leave or will be charged
leave without pay for the excess period.
In the case of a new hire with less than 24 hours accumulated leave,
vacation time to cover the furlough period may be advanced. This advanced
vacation time will be deducted from subsequent leave accruals. Those who wish to retain their leave balances
may also take leave without pay. Exempt employees will be required to take
leave without pay in full-day increments.
ARTICLE 12 SALARY TABLES
A. The salary ranges listed in Appendix C are
hereby established as a basic salary plan.
An employee shall be eligible for promotion to the next salary step by
the General Manager upon recommendation of the Division Manager following six
months satisfactory service in the first step and twelve months satisfactory
service in each subsequent step.
B. For the purposes of promotion eligibility,
the determination of satisfactory services shall be a District right as defined
within Article 1 of this Memorandum of Understanding. The General Manager may,
in his discretion, approve an employee’s promotion to any higher salary step at
any time in order to make equitable salary adjustments or to compensate capable
employees properly.
C. A Y‑rated employee is an employee
whose rate of pay has been set above the highest step in the salary range by
the Board of Directors.
D. Salary
Survey Recommendation. Annually,
preceding the setting of the budget, the General Manager may make a
recommendation to the Board of Directors regarding the initiation of a survey
of compensation and or classification for the coming year. If such a survey is conducted, it shall be
implemented in accordance with the approach described in Appendix B, and the
results will be submitted to the Board with implementation recommendations. The
information contained in the survey shall be shared with the employee’s Union
representatives at the same time, and shall be made part of the meet and confer
process.
E. Cost of Living Adjustment. The Board may grant a cost-of
living adjustment to employees on an annual basis to help maintain purchasing
power. Effective July 1, 2009, there
shall be no cost-of-living salary increase.
Effective July 1, 2010, there shall be a cost-of-living salary increase
of 2%.
F.
PERS
EPMC: The District
has implemented Government Code section
20636, section (C)(4), pursuant to Government Code section 20691, by including
the value of employer-paid member contributions in salary reported to PERS as
compensation for all employees.
ARTICLE
13 OVERTIME
A. Only FLSA non-exempt employees shall
receive pay for overtime.
B. Overtime work is performed either before
or after the normal or assigned work schedule in excess of forty hours per
week. Overtime also refers to hours
employees are called back to work which fall outside of their regular work
schedule. Time spent on District
property which is not time spent working, either before or after work, or
during the lunch period, shall not be included as overtime worked.
C. Pay for overtime shall be at the rate of
one and one-half times the rate of regular pay for any hours worked beyond 40
straight-time hours actually worked in week.
Additionally, the eight hours paid for holidays shall be included in the
computation of the 40 hours required before overtime is paid.
D. Overtime
is reported in quarter hour increments.
E. Overtime shall be worked only upon the
approval of a Division Manager or his/her designee if absent. Approval may be verbal and documented at a
later date and shall indicate the time to be worked and the reason for the
overtime.
F. Unless otherwise defined, the work period
is eight hours each day, to begin at 8 AM and end at 5 PM, Monday through
Friday. Each employee is entitled to one
hour for lunch between noon and 1 PM.
These hours apply to all employees unless other arrangements are
approved by the Division Manager.
G. The General Manager shall maintain a
current classification of employee positions that are exempt and non-exempt
under the Fair Labor Standards Act.
H.
The
General Manager shall establish for each non-exempt position the designated
work period, the designated work hours and the designated rate of pay. All such determinations shall be provided to
each employee and shall be filed in the personnel file.
I. Compensatory
Time — Exempt employees will receive compensatory time for any “overtime”
worked. Compensated time will be granted
on an hour-for-hour basis and must be used by the end of the six-month period
in which it was accrued, or it will be lost.
The cut-off dates in which to use the compensatory time accrued within a
six-month period are June 30th for January 1 – June 30 and December
31st for July 1 – December 31 of each calendar year. At the start of each six-month period, each
exempt employee will have a zero balance of compensatory time, unless otherwise
approved by the General Manager. The
District will not pay cash or otherwise offer compensation for accumulated
compensatory time under any circumstance.
ARTICLE 14 MILEAGE ALLOWANCE
Any officer or employee of the Monterey
Peninsula Water Management District other than the General Manager who is
required to operate his/her own or a privately owned automobile for the
execution of official duties shall be allowed, reimbursed and paid the rate
equivalent to that specified in current IRS guidelines.
ARTICLE
15 TRAVEL EXPENSE
In addition to the mileage allowance
provided for, an employee of the Monterey Peninsula Water Management District
is entitled to receive reimbursement for his/her actual and necessary expenses
for other transportation and for meals, lodging, and incidentals incurred as a
result of travel assigned as part of his/her official duties upon prior
authorization of the Division Manager and approval of the General Manager.
ARTICLE
16 TRAINING.
The District strongly encourages training
and education and shall reimburse tuition
fees, cost of study materials, or other incidental training expenses when
directly related to the functions of the employee, providing that the employee
show proof of attaining a grade of C or better in a graded course or a
satisfactory completion in a non-graded course.
Approval for such training shall be at the discretion of the General
Manager. The General Manager shall not
authorize utilization of normal working hours for long‑term schooling
without prior Board approval.
ARTICLE 17 DISCIPLINARY
ACTIONS
A. Disciplinary Actions. The
General Manager, for just cause, may take disciplinary action against any
employee in the service of Monterey Peninsula Water Management District,
provided that the rules and regulations prescribed herein are followed. Only a regular employee, not on introductory
status, who has over six (6) months of continuous service, has the right to
appeal pursuant to this section. As used
in this section, "Disciplinary Action" shall mean dismissal, suspension,
or formal written reprimand. No full or part‑time employee serving on an
introductory status is entitled to appeal pursuant to this Section 21, or any
of its sub‑parts.
Cause for discipline may include but is
not limited to:
1. Incompetence, inefficiency or dereliction
in the performance of the duties of his/her position.
2. Inability to perform assigned duties due
to failure to meet or retain job qualifications (including but not limited to
failure to possess required licenses, and failure to pass required tests).
3. Insubordination (including, but not
limited to, refusal to do assigned work).
4. Carelessness
or negligence in the performance of duty or in the care or use of District
property.
5. Discourteous, offensive, or abusive
conduct or language toward other employees, directors, or the public.
6. Dishonesty.
7. Possession
of or drinking of alcoholic beverages on the job or reporting for work while
intoxicated.
8. Addiction to the use of narcotics or a
restricted substance, possession or use of narcotics or restricted substances
while on the job or reporting to work while under the influence of a narcotic
or restricted substances.
9. Personal conduct unbecoming an employee of
the District in the course of performing her/his duties. Such conduct is defined as that which would
undermine District goals and objectives and/or the employee’s ability to
perform the duties of his/her position.
10. Engaging
in political activity during assigned hours of employment (including, but not
limited to, campaigning on behalf of any candidate for public office, including
himself or herself, whether by speaking, soliciting funds or support,
distributing handbills, using any District property, equipment or facility for
any political purpose during regular duty hours or after duty hours unless the
use thereof is by law for such purposes and the employee has obtained prior
written authorization from the General
Manager or his authorized representative.
11. Conviction of any crime involving moral turpitude.
12. Absence without leave for three consecutive
days or repeated tardiness.
13. Abuse of illness leave privileges.
14. Falsifying any information supplied to the
District, including but not limited to, information supplied on application forms,
employment records, or any other District records.
15. Offering anything of value or offering any
service in exchange for special treatment in connection with the employee's job
or employment, or accepting anything of value or any service in exchange for
granting any special treatment to another employee or to any member of the
public.
16. Willful or persistent violation of the rules
and regulations of the District.
17. Any
willful conduct tending to injure the public service.
18. Abandonment of position or excessive
absenteeism.
19. Physical or mental incapacity.
B. Notice
of Disciplinary Action. Disciplinary
actions, except reprimands, shall be taken against an employee having regular
status by service upon such employee of a written notice of such action.
The
notice of disciplinary action shall include the following:
1. The nature of the disciplinary action;
2. The effective date of the action;
3. The causes for the action and the material
on which it is based, in ordinary concise language with the dates and places
thereof, when known;
4. A statement that the material upon which the
action is based is available for inspection; and
5. A statement as to the right of
representation and appeal which shall include a referral to the section of this
MOU titled "Grievance Procedure".
Service of a notice of disciplinary
action shall be made as provided below, except when emergency or other special
circumstances require immediate action:
1. Delivery to the employee, either personally
or by United States Postal Service to the current address listed in the
employee's personnel file, shall be made no less than five (5) calendar days
prior to the effective date of any punitive action against the employee. In emergency situations, the five (5) day
prior notice requirement shall not apply to the following disciplinary actions
but may be given within a reasonable time after the commencement of such
discipline:
a.
Reprimand.
b.
Suspension without pay of five (5) days
c.
Suspension with pay of twenty (20)
days or less.
2. The notice of disciplinary action is
accompanied by the advice that the employee may respond either verbally or in
writing to the representative imposing the action prior to its effective date
and may be represented in the response.
C. Reprimand. The General Manager may reprimand an employee
by furnishing him/her with a statement, in writing, of the specific reasons for
such reprimand. A copy of notice of the
reprimand shall be included in the employee's personnel file and the employee
shall have the right of rebuttal. The
General Manager may correct the reprimand or notice of reprimand at his/her
discretion.
D. Suspension
Without Pay. Any suspension invoked
as a disciplinary action under this section against an employee, whether for
one or more periods, shall not exceed fifteen (15) calendar days in any one (l)
calendar year; provided, however, that where a suspension is made because of
criminal information or indictment filed against such employee, the period of
suspension may exceed ninety (15) calendar days and continue until, but not
after, the dropping of charges or the judgment or conviction or acquittal of
the offense charged in the complaint, or indictment has become final. Employees suspended shall forfeit all rights,
privileges, and salary while on such suspension.
E. Suspension
With Pay. Notwithstanding other
provisions of this section, an employee may be suspended with pay and benefits
for a period not to exceed twenty (20) working days upon a determination by the
General Manager that circumstances exist that make the immediate removal of the
employee to be in the best interests of the Monterey Peninsula Water Management
District, and that the employee cannot be effectively used in his/her job.
Notwithstanding the above provision, the
General Manager may suspend an employee at any time for reasons of
investigation for disciplinary action.
Written notice of such suspension shall be given the suspended employee
as soon as possible, but not later than seventy‑two (72) hours after such
action is taken. Such suspension is not
a disciplinary action and shall not be subject to appeal unless it, or any
portion of it, subsequently becomes a disciplinary action. The General Manager may reinstate any such
suspended employee to his/her position for good cause and shall, upon
reinstatement, restore his/her rights and privileges with back pay for time
lost.
F. Dismissal. The continued tenure of each employee shall
be subject to his/her satisfactory conduct and the rendering of efficient
service. Should the cause for
disciplinary action so warrant, an employee may be dismissed.
G. Absence Without Leave Termination. An employee who takes an unauthorized leave
of three or more days may be deemed to have resigned their position.
ARTICLE 18 GRIEVANCE PROCEDURE
A. Purpose. The purpose of the
grievance procedure is to promote improved employer‑employee relations by
establishing a procedure for the prompt settlement of certain disputes, herein
after defined as grievances.
A grievance
shall be defined as a claim by an employee or group of employees of a
violation, misinterpretation and misapplication, or improper application of
written regulations, resolutions, ordinances, or a memorandum of understanding
applicable to the employee.
Any appeal of
the disciplinary actions of demotion, suspension or dismissal shall be filed
and processed pursuant to this section.
B. Applicability. Notwithstanding the foregoing, the grievance
procedure is not applicable and shall not be used with the following:
1. The
exercising of management rights by Monterey Peninsula Water Management
District, as defined in Article 1, District Rights.
2. Any
matter for which a statutory appeal procedure exists;
3. Complaints
relating to Equal Opportunity, Occupational Health and Safety, or Workers
Compensation;
4. The
imposition of disciplinary action with respect to an employee on introductory status;
C. Format. All grievances must be in writing. Grievances must explicitly specify the policy
or the particular section of the agreement, rule, resolution or ordinance, the
violation of which is being alleged as the basis for the grievance. The remedy requested must also be
specified. An employee is entitled to
individual representation at the employee's expense at any step of the
grievance procedure.
D. Processing Grievances.
1. The
grievant shall be granted reasonable time off with pay from regularly scheduled
duty hours to process a grievance, provided that the time off will be devoted
to the prompt and efficient investigation and handling of grievances.
2. In
no case shall Monterey Peninsula Water Management District vehicles be used for
transportation by employee representatives in connection with the processing of
grievances nor will reimbursement be considered for the use of private
vehicles.
E. Grievance Procedure Steps.
1. Informal
Discussion.
a. The grievance shall first be discussed on
an informal basis by the aggrieved with his/her immediate supervisor within
twenty‑one (21) calendar days from the date of the action causing the
grievance.
b. Every effort shall be made to resolve the
grievance at this level.
2. Formal
Written Grievance.
a. In
the event the employee believes the grievance has not been satisfactorily
resolved, the employee shall submit the grievance in writing to the General
Manager.
b. Within
five (5) working days of receipt of the grievance, the General Manager shall
schedule a meeting with the grievant, and the grievant’s representative if
she/he so chooses, to discuss the grievance.
Within five (5) working days of the grievance meeting, the General
Manager shall deliver a written decision to the grievant. Any grievance settled at this step shall be
subject to Board review.
3. Appeal to the Board
Board review
will only be initiated upon written application. Said written appeal shall be filed with the
Clerk to the Board and state the basis of the appeal. Any appeal based upon a disciplinary action
shall contain a specific admission or denial of the material allegations
contained in the notice of disciplinary action.
At the next
regularly scheduled meeting of the Monterey Peninsula Water Management District
Board, after the filing of the order and appeal with the said Clerk, the Board
shall determine whether it will hear the appeal or appoint a hearing officer
for this purpose. If the Board
determines to hear the appeal, it will set a time and place for such hearing
and provide notice to the appellant. If
the Board determines to appoint a hearing officer, the hearing officer shall be
mutually agreed upon between the Board’s representative and representatives of
the Unit. In the event that the parties
cannot mutually agree on a hearing officer, the parties shall request a list
from the California State Conciliation and Mediation Service. The Hearing Officer shall then be selected by
the parties alternately striking names until one remains. The Hearing Officer shall commence a hearing
on the appeal as soon as possible. The appellant and General Manager may
appear personally and the appellant may be represented by a Unit representative
and/or by counsel at the hearing. The
hearing shall be public unless the appellant requests a private hearing.
Before the
hearing has commenced and during the course of the hearing, the hearing officer
shall issue subpoenas “duces tecum” at the request of either party. Oral evidence shall be taken only on oath or
affirmation. The appellant and the General
Manager shall each have the right to call and examine witnesses, to cross‑examine
opposing witnesses on any matter relevant to the issues, to impeach any witness
and to rebut the evidence against him/her.
Technical rules relating to evidence and witnesses do not have to apply
to such hearings. Hearsay evidence may
be used for the purpose of supplementing or explaining any direct evidence but
shall not be sufficient in itself to support a finding unless it would be
admissible over objection in civil actions.
At the hearing, the burden of proof shall be upon the appellant except
in matters of discipline where the District is the moving party and therefore
has the sole burden of proof.
At the
conclusion of the hearing, the Board or the hearing officer shall prepare a
summary record of the proceedings and prepare findings, conclusions and
decision.
Where the Board
has determined that a hearing officer will hear the appeal, the hearing officer
shall submit a copy of said record and draft findings, conclusions and decision
to the Board.
Within thirty (30) days after the filing of the
record and recommended findings, conclusions and decision of the hearing
officer with the Board, the Board shall adopt such recommended
findings,
conclusion and decision, or shall reject the recommendations of the hearing
officer and adopt its own findings, conclusions and decision after a review of
the record. The Board shall affirm,
modify or reverse the order of the General Manager. The decision of the Board shall be final, and
any review of said determination must be commenced within the time set forth in
the Code of Civil Procedure, Section 1094.6.
ARTICLE
19 OTHER EMPLOYMENT.
No employee shall engage in any
occupational or outside activity which is incompatible with his/her employment.
An employee engaging in any occupation or
outside activity for compensation shall inform his or her Supervisor of the
time required and the nature of such activity.
An employee engaging in any occupation or outside activity which may be
incompatible with Monterey Peninsula Water Management District employment or
for compensation who fails to inform his/her supervisor of such occupation or
activity may be subject to disciplinary action up to and including dismissal.
ARTICLE
20 JOB SHARING.
The General Manager may hire two
part-time employees to fill a regular full-time position if the Division
Manager determines that the duties of the position can be shared.
ARTICLE 21 REDUCTION IN FORCE
A. General.
From time to time reductions in staff
may be necessary. These reductions,
(layoffs) occur without
prejudice and without fault on the part of any employee. Reductions usually happen as a result of decrease or curtailment
in revenues, reorganization of staff, termination of a program or activity,
modification or change in service requirements or in the interest of efficiency
or economy. Such changes are inevitable
given the nature and mission of MPWMD.
Alternatives to avoid or limit layoffs will be carefully considered. Unit representatives shall be given at least
ten (10) days advance notice before a reduction in force that effects
Confidential Staff Unit employees is presented to the Board for action and
sixty (60) days advance notice before such a reduction in force is implemented.
Upon request, the District shall meet with Unit representatives to discuss
alternatives to an impending layoff.
However, if layoffs are deemed necessary by the District, the parties
shall meet and confer over the effects of such layoffs on the employees within
the bargaining unit. The District retains full authority to determine
what measures are most appropriate under the circumstances.
B. Definition
A reduction in
force or layoff is an involuntary separation of an employee from a class of
position and from District service.
Depending on the circumstances, it may be temporary or permanent.
C. Notice
An employee
with one or more year’s continuous service with the District shall receive as
much notice as possible, but in no event shall notice be given less than two
weeks before their effective layoff date.
D. Procedures
In the instance
where reduction is necessitated by the termination of a program, employees will
be laid off as dictated by mission requirements determined by the General
Manager in consultation with the Division Manager. The order of layoff will be set by reverse
seniority within a job classification within the program office or
division. Employees will be placed on a
layoff list, within their job classification, according to their category of
employment. For purposes of layoff,
categories are rank ordered as follows:
1. Limited-Term
employees
2. Employees
in introductory periods
3. Part-time
regular employees
4. Full-time
regular employees
An employee’s
position on the layoff list shall be based on the employee's total continuous
service with MPWMD. For this purpose,
continuous service includes employment as a limited-term, temporary, and
part-time employee, excluding any break in service.
E. Recall.
If within six
months of being laid off it is necessary for the District to increase the work
force, laid off employees may be recalled to a vacancy in the last position
held with the District or to a comparable position for which she or he is
qualified. Such recalls will be
according to continuity of employment, i.e., employees with greater continuity
of employment e.g., higher in the layoff list, will be recalled from layoff
first and placed in available positions, provided they have the necessary skills
to perform the required tasks efficiently and are available. Recall notice to employees on layoff will be
sent by certified mail to the employee's last known address. An employee must
make a written commitment to return to work from layoff within four working
days after receipt of notice to return to work and, return to work with the
District within 15 days of first notification or lose all recall privileges.
Employees who
have been on layoff status longer than six months are not eligible to be
recalled, but may apply for advertised employment opportunities and be
considered for employment with the District.
Regular
employees who are laid off will be notified of advertised vacancies for which
their employment records indicate they may be qualified, for 12 months
following layoff, if they keep the District advised of their current address
and telephone number.
F. Benefits.
Employees who
have been laid off are not entitled to benefits. However, they may be eligible for a
continuation of some benefits under COBRA and for state unemployment
insurance. Information on these topics
will be provided by the Human Resource Analyst.
G. District
Dissolution or Merger
MPWMD
recognizes that a set of changed circumstances would arise, having an effect
upon terms and conditions of employment with the District, in the event the
District was dissolved, or its functions merged into another existing
agency. The District agrees to meet and
confer with the Confidential Unit to discuss whether these changed circumstances
provide cause to modify terms and conditions of employment. Accordingly, this agreement shall be
re-opened, and subject to modification as to wages, hours, terms of employment
and working conditions, upon approval of legislation by both the California
State Assembly and Senate, the effect of which would be to dissolve the
District, or merge its functions into another existing public agency.
ARTICLE
22 DRUG-FREE
WORKPLACE POLICY
The District is committed to maintaining
a work environment free from the
influence of alcohol and drugs in keeping with the spirit and intent of the
Drug-Free Workplace Act of 1988.
Illegal drugs in the workplace are a danger to all of us. They impair health, promote crime, lower
productivity and quality, and undermine public confidence in the work we
do. The use of any controlled substances
is inconsistent with the behavior expected of our employees. It subjects all employees as well as visitors
to our facilities and work sites to unacceptable safety risks and undermines
the District’s ability to operate effectively and efficiently.
In this connection, any location at which
Monterey Peninsula Water Management District business is conducted, whether on
District property or at any other site, is declared to be a drug-free
workplace. This means that:
1. All
employees are absolutely prohibited from engaging in the unlawful manufacture,
distribution, dispensation, possession, sale, or use of a controlled substance
in the workplace or while engaged in District business off our premises. Any employee violating the policy is subject
to discipline, up to and including termination for the first offense.
2. Should
an employee be required to take any kind of prescription or nonprescription
medication which could affect his/her job performance, the employee is required
to report this to his/her supervisor.
The supervisor will determine if it is necessary to temporarily place
the employee on another work assignment or to take other action as appropriate.
3. Employees
have the right to know the dangers of drug abuse in the workplace, the District’s policy about it, and what
help is available to combat drug problems. The District will provide
educational material and conduct training for all employees on this
subject. The District also recognizes
that substance abuse is treatable and is willing to provide referral assistance
to those who want to understand and correct their problem before it impairs
their performance and jeopardizes their employment. One source of treatment for drug/alcohol
dependency is provided to District employees through their coverage under the
District’s Employee Assistance Plan.
4. Any
employee convicted of violating a criminal drug statute in this agency’s
workplace must inform the District of such conviction (including pleas of
guilty and nolo contendre) within five (5) days of its occurrence.
5. The
District reserves the right to offer employees convicted of violating a
criminal drug statute in the workplace participation in an approved rehabilitation
or drug abuse assistance program as an alternative to discipline. If such a program is offered, and accepted by
the employee, then the employee must satisfactorily participate in the program
as a condition of continued employment.
ARTICLE
23 VIOLENCE
IN THE WORKPLACE POLICY
The
Monterey Peninsula Water Management District recognizes the importance of
maintaining a safe and violence-free workplace.
In that spirit, all weapons are banned from the District. No District employee, customer, or visitor is
allowed to carry weapons of any sort on District Property or in a District
vehicle. All employees are required to
immediately report any sightings of weapons or violent behavior on the premises
or at their work sites.
It
should be noted that a good deal of District business is conducted off of
District property. Therefore, employees
must be aware of the need to always take safety and security precautions when
performing their duties on private property.
However, District employees are prohibited from carrying weapons while
conducting District business. Any
violent behavior directed at District employees, either while they are
conducting District business or related to the conduct of District business,
should be immediately reported to the General Manager.
ARTICLE 24 WELLNESS
PROGRAM
Employees are
encouraged to participate in a fitness program.
However, participation is voluntary, and employees do it at their own
risk. To further encourage the wellness
of its employees, the District authorizes employees (upon approval of an
employee’s supervisor) who participate in aerobic physical exercise (walking,
jogging, swimming, etc.) to use up to 30 minutes of regular work time for this
purpose.
Exercise is
normally done over the lunch hour, with an extension of 30 minutes. This amount of time is intended to allow the
exercising employee the opportunity to receive a thorough aerobic workout, and
time to return to work refreshed and relieved of stress. A shower is available for employee use. Approval of wellness time will be dependent
upon the division workload and coordination with the schedules of co-workers.
ARTICLE
25 SEVERABILITY
If any section, sub‑section,
paragraph, sentence, clause or phrase of this resolution is, for any reason,
held to be invalid or unconstitutional, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of the remaining portions of
this resolution, it being hereby expressly declared that this resolution and
each section, sub‑section, paragraph, sentence, clause and phrase thereof
would have been adopted irrespective of the fact that any one or more sections,
sub‑sections, paragraphs, sentences, clauses or phrases be declared
invalid or unconstitutional.
ARTICLE 26 TERM
OF AGREEMENT
This Agreement shall be effective on the 1st day of July
2009 and shall remain in full force and effect without change, addition or
amendment through June 30, 2011, and shall be renewed thereafter subject to
reopening by either party upon written notice to the other party no more than
120 days prior to June 30, 2011 or any June 30 anniversary date thereafter.
____________________________ _______
Darby
W. Fuerst Date
General Manager,
Water Management District
____________________________ _______
Rick
L. Dickhaut Date
Confidential Staff
Bargaining Unit Member
____________________________ _______ Cynthia Schmidlin Date
Confidential Staff Bargaining
Unit Member
____________________________ _______ Arlene Tavani Date
Confidential Staff
Bargaining Unit Member
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