EXHIBIT 3-A

 

 

MEMORANDUM OF UNDERSTANDING BETWEEN THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

AND

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.

 

 

ARTICLE 1        DISTRICT RIGHTS

 

          A.   Except as modified by this Memorandum of Understanding, the District reserves, retains and is vested with, solely and exclusively, all rights of the District which are not expressly abridged by law to manage the District.  The District also recognizes that employee contributions to the decision making process is valuable.  The District agrees to encourage employee input on matters within the scope of representation.  The sole and exclusive rights of the District shall include, but not be limited to, the following:

 

·         To manage the District generally and to determine all issues of policy;

 

·         To determine the nature, manner, means and technology, and extent of services to be provided to the public;

 

·         To determine and/or change the facility, methods, technological means, size and composition of the workforce by which District operations are to be conducted;

 

·         To assign work to and schedule employees in accordance with requirements as determined by the District, and to establish and change work schedules, vacation schedules, and assignments upon reasonable notice and in accordance with these Rules and memoranda of understanding;


·         To relieve employees from duties for lack of work, funds, or similar non-disciplinary reasons;

 

·         To determine and modify productivity and performance programs and standards;

 

·         To discharge, suspend, demote or otherwise discipline non-probationary employees for just cause;

 

·         To determine job classifications and to reclassify employees in accordance with these Rules and applicable resolutions and ordinances of the District;

 

·         To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with these Rules and applicable ordinances and resolutions of the District;

 

·         To determine and administer policies, procedures and standards for selection, training and promotion of employees in accordance with these rules and applicable resolutions and ordinances of the District.

 

·         To establish employee performance standards including, but not limited to qualification and quantity standards, and to required compliance therewith;

 

·         To determine satisfactory and unsatisfactory job performance levels, and evaluate employees based upon these criteria;

 

·         To take any and all necessary action to carry out the functions of the District in emergencies.

 

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.

 

 

ARTICLE 2     PERSONNEL ACTIONS

 

            A.       A District list of all current job descriptions shall be available for review by unit employees. An employee may obtain a copy of any job descriptions from the Human Resources Analyst.

 

 

Upon appointment, each new employee shall be provided with a copy of the employee’s job description.  Further, an employee shall be given a copy of the amended job description as changes occur.

 

Job Descriptions shall be explicit as to the level of skills, knowledge, and ability required to perform the work. Specific detail of the work required will be used wherever reasonable and the work required shall be within the realm of that normally performed within the scope of the job classification.

 

            B.       The District shall offer to meet and confer with representatives of the Unit regarding the impacts of an appropriate reclassification whenever the District intends to classify, reclassify, create, modify, and/or abolish classes existing in the bargaining unit.  If an employee believes that he or she has been assigned duties that do not reasonably relate to the classification to which the employee is assigned, the Unit may request, and the District shall grant, an opportunity to meet and consult with the parties involved regarding such assignment.

 

C.     There shall be only one official personnel file that shall be maintained at the District’s Human Resources Office.  An employee shall have the right to review her/his personnel file or authorize in writing the review by a representative.  No material will be inserted into the employee’s personnel file without prior notice and a copy given to the employee.  An employee may place in her/his personnel file a written response to adverse material inserted into the file in lieu of filing a formal grievance regarding the subject of the adverse material.  In addition, an employee may place any letters of commendation received from the public or certificates of educational achievement in his/her personnel file.

 

          D.     A written performance evaluation is intended to be a documented summary of the work performance of the employee and to encourage ongoing communication between the supervisor/rater and the employee. An evaluation is not to be used for discipline in and of itself.

 

         E.      An employee shall have the right to review and respond in writing to any evaluation she/he considers derogatory, or otherwise inaccurate, within ten (10) days of receipt of a copy of the evaluation.

 

F.      Step increases recommended as a result of a delayed performance evaluation shall be effective retroactively on the first day of the month following the employee’s anniversary date.

 

G.     An employee who voluntarily terminates her/his service with the District may receive an end-of-job performance evaluation if requested in advance by the employee.

 

.        H.     The parties agree that the District and its representatives and employees shall treat each other with mutual respect, dignity, courtesy, and trust in all work related matters. It is the intent of this Agreement to establish such a harmonious and constructive relationship among the parties.

 

 

ARTICLE 3       CATEGORIES OF EMPLOYEES

 

A.     The following definitions shall apply to this Memorandum:

 

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).

         

B.       Employment Status is described as follows:

 

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.

 

 

ARTICLE 4       ELIGIBILITY FOR EMPLOYEE BENEFITS

 

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.

 

D.       Part‑time Employees: Part‑time employees shall accrue pro-rata vacation and sick leave credit based upon the hours actually worked by each employee, but shall not be entitled to use accrued vacation hours until successful completion of the introductory period.

 

 
ARTICLE 5      OPTIONAL 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.

 

C.     Supplemental insurance coverage is also available through AFLAC Insurance. Premiums are paid by employees.
 
 
ARTICLE 6       RETIREMENT BENEFITS

 

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.     HOLIDAY FURLOUGH

 

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, Monterey Peninsula

                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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