CONTRACT 4348 - PERM Memorandum of Understanding CLOSEDExhibit "A"
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF EL SEGUNDO
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CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL
AND MEDICAL EMPLOYEES UNION, LOCAL 911
SUPERVISORY AND PROFESSIONAL EMPLOYEES' BARGAINING UNIT
1
434
TABLE OF CONTENTS
ARTICLE / SECTION NUMBER....... ............................... .... . ..................................... PAGE
Article 1 - Recognition
Section 1 - Classified Positions Represented by the Union ............................ ............................... 6
Section 2 - City Recognition of Union ...................... ............................... ..............,,........,,,. 7
Section 3 - Term of this Memorandum of Understanding ( M. O. U) .................. ............................... 7
Article 2 — Non - Discrimination
Statementof Non - Discrimination.,..,.. .... ............................... ..................... ..............................7
Article 3 — Health and Welfare
Section 1 - Health Insurance .................................. ..... .... ............ ........... ...,....,.... .,..,..,.......,,.....,.,,,,..7
Section 2 - Alternative Medical Plans .............. ............................... ......... ..................... ............. 7
Section 3 - Dental Insurance ..................................... ............................... ......,..,......,........... 8
Section 4 - Optical Insurance ............................... .......,. ................. 8
Section 5 - Life Insurance ...... ............................... ................. .................a ......, ...,........ 8
Section 6 - Insurance Cap ..... ............................... . .... .... ............... .............. .....,...................... ,...., 8
Section 7 - Long Term Disability Insurance (LTD).....,.... ,,,„ ............................ ,.......8
Section 8 - Workers Compensation ..................... ......................a., .,. „, ........ ...,. .,.,..... ,...., ............... 8
Section 9 - Flexible Spending Account ..... ......................w,,.,.... ....... .,......,....................,. ......,.......8
Section 10 - Bereavement Leave .............................. ............ „ .............,,.......,...., ......... .......8
Section 11 - California State Disability Insurance (SDI) Program ....................... ..............................8
Article 4 — Retirement
Section 1 - PERS Retirement Formulas ........................................ ............................... ...................8
Section 2 - Retiree Medical Insurance Contribution ........................................... ............................... 9
Section 3 - Deferred Compensation Plan ......................................................... . .w......... ............. ___ 9
Section4 - Leave Payoff ...................................................................................... ..............................9
Section 5 - Cash Equivalency for Vacation, Sick Leave and Floating Holidays........ ........... ___ 9
Section 6 - Public Agency Retirement System ( PARS) ......................................... .............................10
Article 5 — Sick Leave
Section 1 - Accrued Sick Leave ............... .......... ...,...., ,,.,,........10
Section 2 - Annual Medical Examination. ...... ...................... .....,..,,11
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Section 3 - Sick Leave Usage for Family Care... .... .............. ,..,,..... ,.....,.,..,11
Section 4 - Catastrophic Illness Leave ............ .................... .......................... ... I, 1.,,,...,..,,.,,.,.. 11
Article 6 — Employee Assistance Program (EAP) ............ ... ... .... ......... .. 11
Article 7 — Vacation
Section 1 - Original Accrual Schedule or Alternative Accrual Schedule ........ .. .............................11
Section 2 - Accrued Vacation Leave after six months..,. .,,..,,, ,.....,,.... ..,,,.,.,12
Section 3 - Maximum Accumulation of Vacation, ......... ...... ................. .................. .,,,,,12
Section 4 - Cash in Lieu of Vacation Time ........................... .. „ ....... ..,....., ..,.,,.,. ..,.,,... .,.12
Article 8 — Holidays
Section 1 - Listing of Holidays and Personal Leave /Floating Holiday... ............... ___12
Section 2 - Holidays and Sundays .................................................... ............... .....w.,...,.............. ___13
Section 3 - Holidays and Fridays /Saturdays ................................................. ... ........................... __13
Section 4 - Floating Holiday ............................................................................. .......................— ,.,,,.. 13
Section 5 — Friday After Thanksgiving ........ ............................... ...... ... ... ... ... ...................13
Article 9 — Professional Development
EducationalReimbursement ............................... .w.,,,,., ,.,,,u,,, ..,,..,.., ..........,...,. ,,,..,... ,,,,,...,,..13
Article 10 — Computer Loan Program... - ...... .....................__ .......... ____ .........,..14
Article 11 — Salary
Section 1 -Salary Adjustments ........................................ ............................... .............................14
Section 2 - Accelerated Salary Step Advancement ............................................. .............................14
Section3 - Direct Deposit .................................................................................... .............................14
Section 4 - Use of Personal Vehicle on Official City Business ............................ .............................14
Section 5 - Educational Incentive Pay,,,,,,,, ,,,,,,,,,, ...... ............ ........ ...,...,,.„14
Section6 - Bilingual Pay ........ .................. ......... ........................... .............................. __ ...... _15
Section7 - Longevity Pay........... ............... ............................... ...... ...... ........ ......................15
Section 8 - Certification Pay. . _ . . ....... ___ ........ ................, ,....15
Article 12 — Uniforms
List of Job Classifications having uniforms /footwear provided ..., .... _ .................... ......................16
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Article 13 - Overtime
Section 1 - Fair Labor Standards Act— Overtime Compensation ........................ .....„„.. „... „..............,16
Section 2 - Definition of Hours Worked for Overtime — Computation purposes,,,, ,.,....16
Section 3 - Overtime Authorization ................................................................... ............................ „., 17
Section 4 - Maximum Accumulation of Compensatory Time ............................................... ....... __ 17
Section 5 - Work Time Credit ............................................................................... ................. „...........17
Article 14 — Grievance Procedure
Section 1 - Definition of Terms .................. ............................... 17
Section2 - Time Limits ...................................................................................... ..,,.,....,,.....,..,.,,.,..,17
Section3 - Procedure ........................................................................................ .............................18
Section 4 - Matters Excluded from the Grievance Procedure . .................„,,.,,. .,........,.,.......,,,..,..,18
Section 5 - Conferences ............................................................... — ..................... ...,,................,,..,,,19
Section 6 - Employee appeals from Disciplinary Actions ........ ........... „,,, „,,.,,..... „ „... .,...,,,,19
Article 15 — Layoff
Section 1 -Grounds for Layoff .......................„,.,..,,..,.,.,........,,,,.,...,....,,....,...,.,.... ..,...,......,.,.,.,.....,,,.19
Section 2 - Notice to Employees .........................................„.,......,.,...,....,,.......,,, ,.....,,,.,..,.,....,....,,,,20
Section 3 -At -Will Employees ......................... .. ............................... ......... ......... ................ _..20
Section 4 - Procedures for Layoff ................. „ „,,, ......,,..., „.......,.....,.....,...... ,...,.,., .......,20
Section 5 - Breaking Ties ...... ............................... ............... .... , ..,,.,,. ,.,....,..,,20
Section 6 - Reduction to a Vacant Position. .... ...... ... ........ ...... , ......... .........
20
Section 7 - Displacement Rights ................. ......... ............................... ......... .a,,...,...,,...,, .,, ,., .....
20
Section 8 - Salary Placement ........................ .... „ ,,,....., ..,.,.. „. ,.,...,,.,......,.. ,...,,,,....,................,
20
Section 9 - Reemployment List ................... ........._,......,..,.....,, .,....... ,,,..,,,..,..,.... ,,....w., ,,.........
21
Section 10 - Rights upon Reemployment.. ........ ... .........................,.. ......... ...... _ ............21
Article 16 — Miscellaneous
Section1- Credit Union ......................................................... ............... ................. ......................U,.,... 21
Section 2 - Temporary Assignment to Higher Classification .................. a.......,...., ...,...,....,..,.,,.,....,.,,21
Section3 - Rest Periods ....................................................... ................ .............................. _ ,......._21
Section 4 - Request for Reclassification Review ................................................ ................. „,..,...,...21
Section5 - Seniority ... ............ .,.......... ,,,.,.,,,,,..,,,., ..,,.,.,. ...... ,....,... ......,,..........,.,...,,..,,........... _ 23
Section6 - Standby Duty ........................................„.,,..,..,.... r,...,,,............,.,,.,..,.. ..,...,....,,.....,,,.,,,.,..23
Section7 - Jury Duty ...................................... ............................... ...................... ......... ............23
Section 8 —Cell Phone Stipend ..................... ............................... ... .............................24
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Article 17 — Drug -Free Workplace Statement, Substance Abuse Policy,
and Smoking and Break Policy ........................................................ .............................24
Article 18 — Personnel File
Section1 - Personnel File ............... .................. ......................... ... ___ ........... ... ,........,.........24
Section 2 - Derogatory Material. ...... ........... ......... ..... ...... ____.___24
Section3 - Positive Material ............................... ....................... ..................... .....................24
Article 19 — Agency Shop Agreement., ... ... .............. ............................... _.25
Article 20— Catastrophic Leave Bank .......................... ...... .............................26
SignaturePage ................ ............................... ................ .............................28
Appendix A - Bargaining Unit Classifications
Appendix B - Smoking Policy
Appendix C - Drug Free Workplace Statement and Substance Abuse Policy, Revised
July 1, 2008
Appendix D - Department of Transportation Drug Testing Guidelines
Appendix E - Catastrophic Leave Bank Policy
Appendix F — Occupational Injury and Illness Policy
Appendix G — Environmental Safety Manager Base Salary
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF EL SEGUNDO
AND
CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL
AND MEDICAL EMPLOYEES UNION, LOCAL 911
SUPERVISORY AND PROFESSIONAL EMPLOYEES' BARGAINING UNIT
ARTICLE I -.RECOGNITION
SECTION 1. Pursuant to the provisions of the City of El Segundo Resolution No. 3208,
establishing procedures governing employer - employee organization relations, the City of El
Segundo (hereinafter referred to as the'City' and'Employer' (interchangeably) has recognized the
California Teamsters Public, Professional and Medical Employees Union, 911, an affiliate of the
International Brotherhood of Teamsters (hereinafter referred to as the 'Union') as the exclusive
representative of employees within the bargaining unit consisting of the following classified
positions:
Administrative Analyst
Assistant Fire Marshal
Associate Engineer
Construction Coordinator (At -Will Position)
Crime Prevention Analyst II
Crime Prevention Analyst I
Economic Development Analyst (At -Will Position)
Emergency Management Coordinator
Environmental Safety Manager
Equipment Maintenance Supervisor
Facilities Maintenance Supervisor
Fire Marshal
GIS Analyst
Information Systems Specialist
Librarian I
Park Maintenance Supervisor
Plan Check Engineer
Police Records Supervisor
Principal Environmental Specialist
Principal Planner
Program Coordinator
Project Specialist
Property Owner Coordinator (At -Will Position)
Purchasing Agent
Recreation Supervisor
Senior Accountant
Senior Administrative Analyst
Senior Building Inspector
Senior Plan Check Engineer
Street Maintenance Supervisor
Technical Services Analyst
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Wastewater Supervisor
Water Supervisor
Wellness Coordinator
SECTION 2. The City recognizes the Union as the representative of the employees in the
classifications and assignments set forth in Section 1, above, for the purpose of meeting the joint
obligations of the City and Union as set forth within the Meyers - Milias -Brown Act, Government Code
3500 et sea.
SECTION 3. The term of this Memorandum of Understanding (MOU) shall commence on
October 1, 2012 and end on September 30, 2013. However, if all other employee bargaining units
timely elect to extend their respective memoranda of understanding by one year to expire on
September 30, 2014, then this memorandum of understanding shall also extend to September 30,
2014.
ARTICLE II - NON - DISCRIMINATION
Neither the City nor the Union shall discriminate against any employee because of race, color,
age, creed, national origin, sex, handicap, medical condition, marital status, or union activities in
any matter.
ARTICLE III - HEALTH AND WELFARE
SECTION 1. Health Insurance - Employees participate as members of the PERS
administered Public Employees' Medical and Hospital Care Program. Employees have a choice of
HMO and Indemnity medical coverage plans.
City Medical Contribution: Effective January 1, 2009, and thereafter, the
monthly City -paid Health Insurance Premium Contribution for medical /mental health insurance will
be equal to the average dollar cost of the premium for an employee and two (2) or more dependents
for the HMO's available to employees under the Public Employee's Medical and Hospital Care
Program in the Los Angeles Area, as that term is defined by CalPERS (Los Angeles, San
Bernardino, and Ventura County). PERS Choice PPO and PERS Select PPO will also be included
in the average dollar cost of the premium.
Any increase in medical costs based on this average, above the rate in effect
on January 1, 2009 ($1058), will be shared 50% by the City and 50% by the employee.
Notwithstanding the foregoing, effective January 1, 2013, and for the term of
this agreement, the monthly City -paid Health Insurance Premium Contribution for medical /health
insurance shall be capped at $1140.39.
Effective October 1, 2012, the maximum future City contribution for
Medical /Mental Health Insurance, for both active employees and retirees, shall be $1600 per month.
SECTION 2. Alternative Medical Plans - During the term of this agreement, the City may
reopen the contract in order to consider alternatives to the PERS medical plan. The City agrees that
it will only propose plans that provide for a cost - effective, comprehensive medical package for
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employees and their families (i.e., provides comparable benefits to current plan, including
portability). There will be no change in insurance plans prior to January 2006 without agreement of
the parties.
SECTION 3. Dental Insurance - The City provides fully paid dental insurance for the
employee and all eligible dependents.
SECTION 4. Optical Insurance - The City provides fully paid optical insurance for the
employee and all eligible dependents.
SECTION 5. Life Insurance - Employees are provided a fully paid $50,000 term life
insurance policy. Additional coverage for self ($100,000 maximum) and for family members may be
purchased at group rates by the individual employee.
SECTION 6. Insurance Cap — The City's aggregate contribution for current dental, optical
and life insurance shall be capped at $161.65 per month. The City shall provide optical benefits for
each employee and the employee's dependents. Within the monthly contribution cap currently
established for dental, optical and life insurance coverage, the City's monthly contributions toward
dental and life insurance coverage for an employee shall be made after the City's full monthly vision
benefit contribution for an employee and his /her dependents has been made.
SECTION 7. Long Term Disability Insurance (LTD) - The City provides employees with a
fully paid long term disability insurance policy which allows continuance of 66 -2/3 % of the first
$7,500 of the employee's monthly salary. The policy applies to non -job related occurrences and
benefits are payable following a 60 day waiting period. The maximum benefit period varies on the
basis of the employee's age at the time disability begins.
SECTION 8. Workers Compensation - The City provides employees who receive job
related injuries that are compensable under California Worker's Compensation Laws 75 % of their
regular monthly salary for a period of up to one year.
SECTION 9. Flexible Spending Account - Pursuant to applicable federal laws, the City
allows for payment of employee paid insurance premiums, non - reimbursed medical expenses
and /or dependent care expenses with pre -tax dollars. Participation in the program is voluntary.
SECTION 10. Bereavement Leave - The present practice of granting three (3) working days
of bereavement leave per incident shall be increased to forty (40) hours per incident in those
circumstances where travel to a funeral or other memorial proceeding is 500 or more miles one way
as measured from the El Segundo City Hall. Additionally, the definition of the immediate family
whose funeral or memorial proceeding qualifies for use of bereavement leave, shall include the
children, parents, siblings, grandparents of the employee, the employee's spouse or significant
other.
SECTION 11. California State Disability Insurance (SDI) Program — The City has taken all
the necessary administrative steps to provide Union employees with State Disability Insurance
Program coverage through the California Employment Development Department. All actual costs
associated with participation in the State Disability Program will be the responsibility of Union
employees.
ARTICLE IV - RETIREMENT
SECTION 1. (a) Effective November 8, 2000, employees participate in the Public
Employees Retirement System (PERS) 2% at 55 Miscellaneous Plan.
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(b) Tier II — As soon as practicable, the City shall amend its contract with the California Public
Employees' Retirement System (CaIPERS) to implement the 2 % @60 retirement formula in
accordance with Government Code Section 21353. This new formula shall apply to miscellaneous
employees who are hired on or after the effective date of the CaIPERS contract amendment and are
otherwise not a "new employee" and /or "new member" of CaIPERS under Government Code section
7522.04 of AB 340, also known as the California Pension Reform Act of 2013.
Effective January 1, 2013, new miscellaneous employees and /or members, as defined by AB 340,
will be subject to the 2 % @62 retirement formula as well as all other statutory requirements
established by AB340.
(c) The Plan's retirement benefits are integrated with Social Security.
(d) The Environmental Safety Manager shall for the term of the agreement participate as a local fire
safety member pursuant to Government Code 20420 and be eligible for the local fire safety
retirement formula in effect between the City and PERS. Effective January 1, 2013, pursuant to AB
340, any new employee or new member hired into this fire safety classification will be subject to the
applicable safety retirement formula as well as all other statutory requirements established by
AB340.
(e) Effective January 1, 1992, the City's contract with PERS was amended to include the single
highest year retirement calculation option. The present City contract with PERS also calls for
incremental yearly increases in the City contribution towards retirees' medical coverage (currently
$375 per month) so that by 1995 the contribution for current employees and retirees will be equal.
(f) Effective the pay period beginning November 3, 2012, miscellaneous employees agree to pay a
portion of the statutorily required employee contribution equal to three percent (3 %) (pre -tax) of
compensation. The one local fire safety employee agrees to pay a portion of the statutorily required
employee contribution equal to five percent (5 %) (pre -tax) of the employee's compensation.
Additionally, pursuant to Government Code Section 20516(a), for as long as this contract provision
is in effect between the City and PERS, the local fire safety employee shall pay a portion of the
statutorily required employer contribution equal to three percent (3 %) of compensation.
Effective the pay period beginning November 3, 2012, the City shall pay a portion of each
employee's statutorily required contribution equal to four percent (4 %) of compensation. The City
shall report the four percent (4 %) to CaIPERS as compensation earnable, pursuant to California
Government Code Section 20636(c)(4).
Effective January 1, 2013, "new employees" and /or "new members ", as defined by AB 340, will be
statutorily required to pay half of the normal cost of retirement benefits.
SECTION 2. Retiree Medical Insurance Contribution - A member of the Union will be
eligible to receive the City - provided retiree medical insurance contribution, which is equal to that
provided to an active Union member, after a minimum of 5 full -time years of service with the City of
El Segundo.
SECTION 3. Deferred Compensation Plan - Employees are eligible to participate in the
International City Management Association Retirement Corporation (ICMA -RC) and the Nationwide
Retirement Solutions (NRS) Deferred Compensation Plans. Participation is voluntary and there is
no City contribution to the plan.
SECTION 4. Leave Payoff - Employees separating from the City service are paid the
accumulated total of their unused vacation leave and personal floating holiday leave.
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SECTION 5. Government Code 20022(a)(1) provides that compensation for purposes of
computing PERS retirement benefits includes remuneration paid in cash because of holidays, sick
leave and vacation, as well as other remuneration furnished in payment for services. This MOU
section memorializes that members of this unit have been contractually eligible to receive City paid
cash equivalencies for vacation, sick leave and floating holidays accrued during the employee's final
year of employment. Said members have also been eligible to receive a cash distribution equal to
the monthly differential between $500.00 and the monthly amount designated by each member for
funding health insurance and similar programs (herein referred to as an insurance differential.)
Pursuant to City Council action in December 1991, the former management/confidential unit was
modified, with members of this Supervisory Unit being removed from the then existing
management/confidential unit. The classifications now contained within this Supervisory Unit being
removed from the then existing management/confidential unit. The classifications now contained
within this Supervisory Unit were included within the prior management/confidential unit and City
contractual agreements prior to December 1, 1992 to provide the management/confidential unit
members with payment for vacation, sick leave and floating holidays accrued during the final year of
employment, as well as the above insurance differential, fully insured to the benefit of those
classifications now within the Supervisory Unit.
On June 2, 1992, the City Council adopted the first Memorandum of Understanding between the
City and the Supervisory Unit, with Article VII of said MOU providing in pertinent part that all wages,
hours and terms and conditions of employment in full force and effect prior to the adoption of the
MOU, are to remain in full force and effect and are to be set forth within a later document entitled a
Comprehensive Memorandum of Understanding. As members of the prior management/confidential
unit, those classifications within the Supervisory Unit were therefore subject to earlier Council
determination providing the described paid remuneration for vacation, sick leave and floating
holidays accrued during the final year of employment, as well as the above insurance differential,
and the June 2, 1992 Memorandum of Understanding contractually signifies that said benefits are to
remain in full force and effect unless and until altered pursuant to the meet and confer process.
This "Comprehensive Memorandum of Understanding" thereby codifies pre- December 1992
contractual provision of the stated compensation benefits to unit members.
SECTION 6. Public Agency Retirement System (PARS) - Effective October 1, 2008, the
City will contract with the Public Agency Retirement System (PARS) to provide an additional
retirement benefit for eligible union employees. Eligible employees are those who are 1) 55 years of
age or older, 2) have completed 15 years of continuous service with the City of El Segundo and 3)
service or disability retire from the City of El Segundo. Eligible employees are entitled to receive the
PARS .5 @ 55 retirement enhancement formula as a supplement to the City's 2% @ 55 Public
Employees' Retirement System formula. This benefit will no longer be available to bargaining unit
members who are both 1) hired and /or appointed to a position in the bargaining unit on or after
October 1, 2012, and 2) not already a participant in the plan.
Effective the pay period beginning November 3, 2012, eligible Union employees participating in the
plan will contribute one hundred percent (100 %) of the required PARS contribution via payroll
deduction. Participating employees will be responsible for any future increases in the required
PARS contribution.
ARTICLE V - SICK LEAVE
SECTION 1. Employees accrue sick leave at a rate of eight (8) hours per month. The
maximum carryover of sick leave from November 30 to December 1 of each year is six hundred
(600) hours.
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City provides a one hundred percent (100 %) payoff each December 10th of any accumulated sick
leave hours above the maximum carryover.
Employees who, on July 1, 1998, had an accumulated sick leave balance higher than six hundred
(600) hours will have a maximum carryover equal to their accumulated sick leave balance on that
date. No such maximum carryover can be greater than one thousand fifty -six (1056) hours. Should
an employee's personal sick leave accrual limit drop below six hundred (600) hours, their future
maximum carryover shall not be allowed to exceed six hundred (600) hours.
Employees, with at least five (5) full years of service with the City, receive payment for one hundred
percent (100 %) of their accumulated sick leave upon service retirement, disability retirement, or
death.
SECTION 2. Annual Medical Examination - Employees are eligible for a fully paid
comprehensive medical examination each year.
The City currently utilizes Westchester Medical Group /Center for Heart and Health for the
examinations.
The results of the examination include extensive written documentation and feedback, fitness
consultation, recommended further testing and /or adjustments to current lifestyle practices and
ongoing monitoring.
Up to two (2) days of sick leave may be used each year for physical examinations.
SECTION 3. Sick Leave Usage for Family Care - Affected employees are eligible to utilize
a maximum of six (6) available eight (8) hour days of sick leave per calendar year in order that care
may be provided to immediate family members suffering from illness or injury. The term "immediate
family member" shall exclusively include the children, parents, siblings, the grandparents of the
employee, the employee's spouse or significant other. "Immediate family member" shall also include
mother -in -law and father -in -law. The City shall require each affected employee utilizing sick leave
for said purpose to provide in writing a sworn statement evidencing the facts justifying the use of
sick leave in this regard.
SECTION 4. Catastrophic Illness Leave - An employee may transfer sick leave, vacation or
compensatory leave to a sick leave bank to be donated to an employee who is experiencing
catastrophic illness and has exhausted all personal sick leave. Such a transfer can be made on July
1 of each year or during additional designated times on forms provided by the City of El Segundo.
The City has the right to verify all catastrophic illnesses before donation from the sick leave bank.
ARTICLE VI - EMPLOYEE ASSISTANCE PROGRAM (EAP)
Provides confidential assistance, referrals, and counseling to the employee and members of the
immediate family. The program is designed to provide professional assistance and support to help
employees and their families resolve problems that affect their personal lives or job performance.
ARTICLE VII - VACATION
SECTION 1, Employees shall receive either:
"ORIGINAL ACCRUAL SCHEDULE"
11
Years of Service
Days
Upon completion of:
1 -7 years
12 days
8 -14 years
17 days
15 or more
22 days
or
"ALTERNATIVE ACCRUAL SCHEDULE"
From commencement of the 1 st year of service through and including completion of
the 5th year of service - Twelve (12) vacation days accrual per year, with a day being
the equivalent of eight (8) hours;
From commencement of the 6th year of service through and including completion of
the 10th year of service - Fifteen (15) vacation days accrual per year, with a day being
the equivalent of eight (8) hours;
From commencement of the 11 th year of service through and including completion of
the 15th year of service - Eighteen (18) vacation days accrual per year, with a day
being the equivalent of eight (8) hours;
From commencement of the 16th year of service and for all years of service thereafter - Twenty -two
(22) vacation days accrual per year, with a day being the equivalent of eight (8) hours.
An employee desiring to participate in the alternative accrual schedule shall so advise payroll in
writing of their election, no later than September 6, 1994. Failure to advise of an election to accrue
vacation pursuant to the alternative schedule shall result in the employee continuing to accrue
vacation on the original schedule. An election to accrue pursuant to the alternative schedule or
maintenance of accrual pursuant to the original schedule, shall be irrevocable.
SECTION 2. Employees may use their accrued vacation leave after six (6) months of
employment.
SECTION 3. Maximum accumulation of vacation leave allowed is the equivalent of two (2)
years service accrual.
SECTION 4. Employees who have completed one year of service may receive cash
payment in lieu of accrued vacation leave up to a maximum of 100% the annual accrual to which
they are entitled by length of service. Employees may exercise this option twice per calendar year.
ARTICLE VIII - HOLIDAYS
SECTION 1. Employees shall receive the following holidays:
January 1St
The third Monday in January (Martin Luther King Jr. Day)
The third Monday in February (President's Day)
The last Monday in May (Memorial Day)
July 4th
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The first Monday in September (Labor Day)
November 11th (Veteran's Day)
Thanksgiving Day
December 24th
December 25th
December 31St
Holidays will be paid based on the employee's assigned daily work schedule. For example,
employees assigned to a 4/10 schedule will have holidays paid in ten (10) hour increments.
In addition to the holidays enumerated above, each employee shall receive one ten (10) hour
day per calendar year as a Personal Leave /Floating Holiday. The Personal Leave /Floating
Holiday shall be credited to the employee every January. Newly hired bargaining unit members
shall also receive this personal leave day which may be used six (6) months after the
employee's initial appointment date.
SECTION 2. In the event any of the above holidays fall on a Sunday, it will be observed on
the following Monday and City Hall will be closed.
SECTION 3. In the event any of the above holidays fall on a Friday or Saturday (or an
employee's otherwise regularly scheduled day off), the employee will earn 10 hours of floating
holiday (or the daily number of hours the employee is regularly scheduled to work),
SECTION 4. Floating Holidays will be credited to the employee's leave bank the pay period
in which the holiday falls. Floating Holiday hours may not be carried over to the following calendar
year. However, Floating Holiday hours credited in either November or December may be carried
over to the next calendar year, but must be used by October 31 st of the following year.
SECTION 5. Effective October 1, 2012, the Friday after Thanksgiving does not count as a paid
holiday. However, if the City subsequently reverts to a 5/40 or 9/80 work schedule, then the Friday
after Thanksgiving will become a paid holiday.
ARTICLE IX - PROFESSIONAL DEVELOPMENT
Employees are reimbursed 100% of the cost of tuition and books to a maximum of $1,250 per
calendar year for satisfactory completion of work related college courses. Requires prior written
approval of department head and City Manager and requires a C average or better grade.
With the approval of the department head and /or City Manager, the City also pays the cost of an
employee's professional membership fees and conference, meeting and workshop attendance.
Employees who participate in the program must sign the following agreement:
Educational Reimbursement - "I certify that I successfully completed the course(s),
receiving at least a grade of'C' or better." (Attach copy of grade verification) Further, I agree
to refund the City or have deducted from my final paycheck any educational reimbursement
funds received under this program if I should leave the City's employ, voluntarily or through
termination, with cause, within one year after completion of the course work for which I am to
receive reimbursement, in accordance with the following schedule.
Below is the reimbursement schedule for the full months worked between course completion
and resignation dates and the percentage of the total reimbursement to be refunded to the
City.
1 100% 7 50%
2 100% 8 40%
3 90% 9 30%
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4 80% 10 20%
5 70% 11 10%
6 60% 12 0%
Probationary employees are not eligible to participate in this program.
ARTICLE X - COMPUTER LOAN PROGRAM
Employees are eligible to receive an interest -free loan not to exceed $4,000 for the purpose of
purchasing personal computer hardware, software, ergonomically correct furniture and related
equipment. Loans shall be repaid through payroll deductions over a three (3) year period. The City
shall retain title, as security, to any equipment purchased through the program until the loan is fully
paid off. After the fact financing shall be permitted upon the loan applicant receiving prior written
approval from the Director of Finance. Outstanding loan balances must be paid off at the time an
employee separates from the City. The Human Resources Department shall update Program
guidelines periodically as necessitated by changes in technology or organizational requirements.
ARTICLE XI - SALARY
SECTION 1. Salary Adjustments -Effective the pay period beginning November 3, 2012, the base
salary for the Environmental Safety Manager classification shall be reduced by one percent (1 %).
An amended salary schedule reflecting the one percent base salary reduction is attached as
Appendix G.
SECTION 2. Accelerated Salary Step Advancement - Employees who have yet to reach
the top step of their salary range are eligible to receive an accelerated salary step advancement of
up to 5% in a 12 month period upon recommendation and approval by the department head and City
Manager. An accelerated salary advancement is intended to recognize an employee's job
performance which consistently and uniquely exceeds normal expectations.
SECTION 3. Direct Deposit — The City shall electronically deposit employees' paychecks
directly into a savings or checking account designated by the employee. Employees shall be
responsible for providing the Finance Department with the correct transit routing number of their
banking institution and the correct number of the account into which their paycheck will be
deposited. Exceptions to this policy shall be granted upon an employee's written request to the
Finance Director.
SECTION 4. Use of Personal Vehicle on Official City Business — Employees authorized to
use a personal vehicle while on official City business will receive mileage reimbursement at the rate
approved by the Internal Revenue Service. Use of a personal vehicle will not be authorized if a City
motor pool vehicle is available to the employee. Under appropriate circumstances, Department
Heads may approve exceptions to the requirement to utilize available motor pool vehicles.
SECTION 5. Educational Incentive Pay — Eligible employees shall be entitled to receive
educational incentive pay as shown below. Eligibility for educational incentive pay is limited to those
employees who (a) are working in a job classification that does not require a bachelor's degree or
higher degree to qualify for the classification, and (b) were awarded such degree from an accredited
college or university in one of the majors of public administration, business administration,
engineering, or other job - related major, which had been approved by the department head, in
writing.
Educational Incentive Pay
Job Classifications Occupying Salary Grades 30S — 39S: $318.04 /month
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Job Classifications Occupying Salary Grades 40S — 49S: $407.11 /month
Job Classifications Occupying Salary Grades 50S — 53S: $449.38 /month
If during the term of this Memorandum of Understanding a job classification is assigned a salary
grade higher than 53S, the flat dollar monthly amount of educational incentive pay for the employee
shall be equivalent to five percent (5 %) of the base salary E Step of the salary grade.
SECTION 6. Bilingual Pay — An employee who demonstrates conversational and written
fluency in a language approved by their Department Head and who is assigned duties in which such
language skills are regularly used, shall be entitled to bilingual pay as shown below.
The City will be responsible for utilizing a standardized, industry accepted test (such as Berlitz, Inc.)
to determine an employee's qualifications for bilingual pay.
Bilingual Pay
Job Classifications Occupying Salary Grades 30S — 39S:
$159.02 /month
Job Classifications Occupying Salary Grades 40S — 49S:
$203.56 /month
Job Classifications Occupying Salary Grades 50S — 53S:
$224.69 /month
If during the term of this Memorandum of Understanding a job classification is assigned a salary
grade higher than 53S, the flat dollar monthly amount of bilingual pay for the employee shall be
equivalent to two and one -half percent (2.5 %) of the base salary E Step of the salary grade.
SECTION 7. Longevity Pay — An employee who has completed twenty (20) years of
continuous service with the City of El Segundo shall be entitled to longevity pay as shown below.
Longevity Pay
Job Classifications Occupying Salary Grades 30S — 39S: $318.04 /month
Job Classifications Occupying Salary Grades 40S — 49S: $407.11 /month
Job Classifications Occupying Salary Grades 50S — 53S: $449.38 /month
If during the term of this Memorandum of Understanding a job classification is assigned a salary
grade higher than 53S, the flat dollar monthly amount of longevity pay for the employee shall be
equivalent to five percent (5 %) of the base salary E Step of the salary grade.
SECTION 8. Certification Pay— Employees occupying the job classifications of Wastewater
Supervisor and Water Supervisor shall be entitled to certification pay as shown below for obtaining
and maintaining a certification above the level required on the City Council approved class
specification. Eligible certifications will be determined by the employee's Department Head.
Certification Pay
Job Classifications Occupying Salary Grades 30S — 39S:
$318.04 /month
Job Classifications Occupying Salary Grades 40S — 49S:
$407.11 /month
Job Classifications Occupying Salary Grades 50S — 53S:
$449.38 /month
If during the term of this Memorandum of Understanding a job classification is assigned a salary
grade higher than 53S, the flat dollar monthly amount of certification pay for the employee shall be
equivalent to five percent (5 %) of the base salary E Step of the salary grade
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ARTICLE XII — UNIFORMS
Employees occupying the following job classifications shall have uniforms and footwear provided
and replaced by the City:
Assistant Fire Marshal
Crime Prevention Analyst 1 /11
Emergency Management Coordinator
Environmental Safety Manager
Equipment Maintenance Supervisor
Facilities Maintenance Supervisor
Fire Marshal
Park Maintenance Supervisor
Police Records Supervisor
Principal Environmental Specialist
Senior Building Inspector
Street Maintenance Supervisor
Wastewater Supervisor
Water Supervisor
Department Heads will determine appropriate uniform and footwear for employees occupying
Departmental job classifications. Style and cost will be determined solely by the City, with the
Association provided the opportunity for information input. The determination of the City shall not be
subject to administrative or judicial appeal. Uniform cleaning services shall be provided by the City.
In addition, a Union member occupying the job classifications of Assistant Fire Marshal,
Environmental Safety Manager, Principal Environmental Specialist, Fire Marshal, Crime Prevention
Analyst 1 /11, Emergency Management Coordinator, Police Records Supervisor and Senior Building
Inspector shall receive a uniform cleaning allowance of $400 per year.
ARTICLE XIII - OVERTIME
SECTION 1. Fair Labor Standards Act — Overtime Compensation
(a). Pursuant to the Fair Labor Standards Act, employees occupying the classifications
and assignments described in Article I, Section I, are entitled to overtime pay at the rate of
one and one -half (1.5) times their regular rate of pay for all hours worked in excess of forty
(40) hours in a seven (7) day workweek, commencing at midnight (12:00 a.m.) on Saturday
to 11:59 p.m. on Friday.
SECTION 2. Definition of hours worked for overtime - Computation purposes
The following shall not be considered as time worked for purposes of computing entitlement to
overtime compensation:
Meal breaks;
2. Utilization of paid or non -paid leaves of absence (including but not limited to vacation
leave, sick leave, holiday leave, leave without pay, compensatory time off;
3. All travel time to and from the work site when responding to a regularly scheduled
shift;
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4. All time in off -duty voluntary training assignments (homework, study time, meal time,
sleep, etc.).
5. All off -duty travel;
6. All time for personal preparation and clean up;
7. Any other time not deemed hours worked by the FLSA.
SECTION 3. Overtime Authorization
No employee shall be eligible for receipt of overtime compensation unless the working of overtime
hours has been specifically authorized in advance by the employee's supervisor.
SECTION 4. Affected employees shall be entitled to accumulate a maximum of eighty (80)
hours of compensatory time off. Utilization of compensatory time off shall be subject to approval of
the affected employee's department head.
SECTION 5. Affected employees ordered by a supervisor to return to a designated
worksite other than during the employee's regularly scheduled hours of work and at a time not
contiguous with said regularly scheduled hours of work, shall be provided a minimum of four (4)
hours work time credit. Said minimum of four (4) hours shall then be included within the work period
described in Section 1 for computation of overtime purposes.
ARTICLE XIV - GRIEVANCE PROCEDURE
SECTION I. DEFINITION OF TERMS
A. Grievance - A grievance is a violation, misinterpretation or misapplication of a
specific written departmental or agency rule or regulation or a specific provision of a
memorandum of understanding. A grievance is distinct from an appeal in that it is a
violation, misinterpretation or misapplication of a specific written departmental or
agency rule and /or policy or a specific provision of a memorandum of understanding.
B. Grievant - A grievant is an employee or group of employees adversely affected by
an act or omission of the agency.
C. Day - A day is a calendar day.
D, Immediate Supervisor - The first level supervisor of the grievant.
SECTION 2. TIME LIMITS
A. Compliance and Flexibility - With the written consent of both parties, the time
limitation for any step may be extended or shortened.
B. Calculation of Time Limits - Time limits for appeal provided in each level shall begin
the day following receipt of a written decision or appeal by the parties.
C. Failure to Meet Timeliness - Failure at any level of this procedure to communicate
the decision on a grievance by the City within the specified time limits shall permit
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lodging an appeal at the next level of the procedure within the time allotted had the
decision been given. If the grievance is not processed by the grievant or grievants in
accordance with the time limits, the decision last made by the City shall be deemed
final.
SECTION 3. PROCEDURE
Grievances will be processed following the procedures set forth below.
A. Level I - Within ten days of the date the employee reasonably knew or should have
known of the incident giving rise to the grievance, the employee should make an
effort to resolve the grievance informally with the employee's immediate supervisor.
The supervisor shall hold discussions and attempt to resolve the grievance within
five (5) days.
B. Level II - In the event such efforts do not produce a mutually satisfactory resolution,
the grievant shall have ten (10) calendar days to file a formal written grievance after
the employee's immediate supervisor is unable to resolve the grievance through the
discussion process. Under no circumstances may a grievance be filed more than
twenty -five (25) days from the date the employee knew or should have known of the
incident giving rise to the grievance.
1. Procedure for Filinq a Grievance -
In filing a grievance, the employee should set forth the following information:
a. The specific section of the departmental or agency rules or
regulations allegedly violated, misinterpreted or misapplied.
b. The specific act or omission which gave rise to the alleged violation,
misinterpretation or misapplication.
C. The date or dates on which the violation, misinterpretation or
misapplication occurred.
d. What documents, witnesses or other evidence supports the
grievant's position.
e. The remedy requested.
C. Level III - If the grievance is not resolved by the immediate supervisor the grievant
may present the grievance in writing to the department head within five (5) days.
The department head will respond in writing within ten (10) days.
D. Level IV_- If the grievance is not resolved by the department head, the grievant may
present the grievance in writing to the City Manager within five (5) working days. The
City Manager or designee will conduct an informal hearing and render a decision.
Each party shall have a right to present witnesses and evidence at the hearing. The
conclusions and findings of this hearing shall be final.
SECTION 4. MATTERS EXCLUDED FROM THE GRIEVANCE PROCEDURE
A. The grievance procedure is not intended to be used for the purpose of resolving
complaints, requests or changes in wages, hours or working conditions.
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B. The procedure is not intended to be used to challenge the content of employee
evaluations or performance reviews.
C. The procedure is not intended to be used to challenge the merits of a
reclassification, lay -off, transfer, denial or reinstatement, of denial of a step or
merit increase.
D. The procedure is not intended to be used in cases of reduction in pay, demotion,
suspensions or a termination, but is subject to the formal appeal process as
outlined in Ordinance 586.
SECTION 5. CONFERENCES
Grievants and City representatives, upon request, shall have the right to a
conference at any level of the grievance procedure.
SECTION 6. EMPLOYEE APPEALS FROM DISCIPLINARY ACTIONS
A. Any permanent employee in the Classified Service who has been suspended, for a
period of six (6) days or more, demoted, dismissed, or reduced in pay shall have a
period of ten (10) days following written notification in which to file an appeal or
answer the charges.
B. The employee shall forthwith be given in said written notification a statement of the
extent and nature of any disciplinary action and a full explanation of the reasons for
the action including specific information as to time and place of incidents.
C. Each disciplinary action shall automatically be given administrative review by the City
Manager, immediately after the written notification, and the City Manager may
countermand the disciplinary action or modify the discipline imposed prior to any
hearing as hereinafter provided.
D. Appeals and requests for hearings shall be filed with the City Manager, and then
immediately referred to the Los Angeles County Civil Service Commission or City
Council, as the case may be.
E. The Commission shall have the right to refuse to hold a hearing in any case in which
the appellant fails to present sufficient grounds to warrant a hearing.
F. Procedures for all hearings to be conducted by the Count shall be in accordance with
the Rules of the Los Angeles County Civil Service Commission.
ARTICLE XV - LAYOFF
SECTION 1. Grounds for Layoff - Whenever, in the judgment of the City Council, it becomes
necessary to reduce the workforce because of a lack of funds, lack of work or reorganization, an
employee may be laid off, reduced in classification or displaced by another employee. Such layoff,
reduction or displacement shall result from action of the City Manager or his designee. Such action
shall not entitle the laid off, reduced or displaced employee to a right of appeal. The City Manager
shall recommend to the City Council each classification to be effected by any such change.
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SECTION 2. Notice to Employees - An employee filling a full time position shall be given fourteen
(14) calendar days prior notice of lay off. Employees transferred, reduced or displaced shall be
given five (5) calendar days notice. The City Council may approve a reduction in the notice
requirements, if so recommended by the City Manager.
SECTION 3. At -Will Employees -The City Manager retains the right to layoff or alter the work
assignment of the following employees at any time without notice or right of appeal: emergency
employees, temporary or seasonal employees, part -time employees, original probationary
employees, promotional probationary employees and employees designated as at -will. The
promotional probationary employee shall revert to his /her previously held classification and position
without loss of seniority.
SECTION 4. Procedures for Layoff - A permanent employee in a classification effected by a
reduction in force shall be laid off based on seniority in City service; that is the employee with the
least City service shall be laid off first, followed by the employee with the second least City service,
etc. Seniority shall be determined by hire date.
SECTION 5. Breaking Ties - Provided that seniority, hiring date is equal retention points for job
performance shall be credited on the basis of the average of the overall evaluation ratings for the
last three (3) years in a classification, provided the last rating had been filed at least thirty (30) days
prior to the date of the layoff notice. Retention points are as follows:
1. "Unsatisfactory" rating - 0 retention points.
2. "Improvement needed" rating - 6 retention points.
3. "Satisfactory" rating - 12 retention points.
4, "Exceeds expectations" rating - 18 retention points..
5, "Outstanding" rating - 24 retention points.
SECTION 6. Reduction to a Vacant Position - An employee designated for layoff as a result of
abolition of a position or classification may be offered appointment to a vacant position in a lower
classification, if the employee is qualified by education and /or experience for such position. If there
is more than one qualified employee eligible to be offered such appointment(s), the offer(s) shall be
based on seniority, with the employee with the highest seniority offered the position first, then the
next highest, etc. If the employees have the same seniority, then the procedure for breaking ties set
forth above shall apply. An employee accepting such appointment shall be placed on the step for
the lower classification most closely corresponding, but in no case higher, than to the salary step of
his /her previously held position, and the employee will be assigned a new salary anniversary date on
the effective date of the appointment.
SECTION 7. Displacement Rights -An employee designated for layoff as a result of abolition of a
position or classification may displace (bump) an employee in a lower classification, if the employee
previously held permanent status in such classification. An employee who is bumped shall be laid
off in the same manner as an employee whose position or classification is abolished.
SECTION 8. Salary Placement -An employee who is assigned to a lower classification as a result
of a displacement (bump) shall receive the compensation reflected by the step of the salary range of
the new classification closest to the compensation of the employee in the previous classification,
and the employee will also be assigned a new salary anniversary date on the effective date of the
appointment. An employee accepting such appointment shall be placed on the step for the lower
classification most closely corresponding, but in no case higher, than the salary step of his /her-
previously held position, and the employee will be assigned a new salary anniversary date on the
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effective date of the appointment. The employee shall, however, retain seniority while his /her name
remains on a reemployment list or lists, as set forth in subsection 9.
SECTION 9. Reemployment List - The names of permanent employees who have been laid off
under this section (including employees who bumped down) shall be placed, in order of seniority
from highest to lowest, on a reemployment list for their classification or any lower classification for
which the employee is qualified by education and /or experience. Persons on such lists shall retain
eligibility for appointment there from for a period for three years from the date their names were
placed on the list. As a vacancy within a classification or a lower related classification becomes
available, the name appearing at the top for the list shall be offered the opportunity to fill the
vacancy. The name of an individual selected from the list to fill the vacancy who refuses the re-
employment offer shall be permanently removed from the re- employment list without right of appeal.
Laid -off employees do not earn seniority credit or benefits while on the re- employment list.
SECTION 10. Rights upon Reemployment - If a person is reemployed by the City within three years,
the employee's accumulated sick leave allowance, seniority and vacation accrual shall be reinstated.
Employees should be placed on the same salary step previously held upon reemployment.
ARTICLE XVI - MISCELLANEOUS
SECTION 1. Credit Union - Employees are eligible to join the regional Centinela South Bay
Credit Union,
SECTION 2. Temporary Assignment to Higher Classification - Where an employee is qualified
for and is required for an appreciable period of time to serve temporarily in and have the
responsibility for work in a higher class or position, when approved by the City Manager, such
employee, while so assigned, shall receive the entrance salary rate of that class or whatever step
thereof that is not less than five percent above his or her present rate, whichever is higher. For the
purpose of this section, "appreciable period of time" is defined as ten consecutive working days
(eight working days if on four /ten plan) or longer.
SECTION 3. Rest Periods - All bargaining unit employees shall be provided a fifteen (15) minute
rest -break near the mid -point of every four hours of scheduled work. In order to ensure that such
affected employees are prepared to reconvene performance of their duties precisely at the
conclusion of the fifteen (15) minute rest - break, such employees are encouraged to take their break
within the building where they are regularly assigned or on the grounds immediately adjacent to the
work assignment.
As regards lunch breaks, all affected employees are scheduled for either a thirty (30) or sixty (60)
minute lunch break depending upon the work assignment. Said scheduling shall be in accord with
pre- existing City practices and procedures.
Failure by an employee to utilize a rest or lunch break shall not result in any accumulation or other
"banking" of said unused time, nor shall failure to utilize said rest or lunch break time result in
conclusion of the employees regularly scheduled work shift at a time earlierthan scheduled nor shall
any unused break time be utilized to extend a lunch break. However, in any instance where
management mandates that a rest or lunch break not be taken because of the need to provide
services to the City, then said additional work time shall be compensated in accord with this MOU,
City Rules and Regulations and applicable statutory requirements. Additionally, in said
circumstances, management does have the discretion to allow for early termination of an
employee's regularly scheduled work hours in amounts of time equivalent to the missed breaks.
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SECTION 4. Request for Reclassification Review
A. Basis for request - A bargaining unit employee or Union may make a request for
reclassification once every two years, if an employee's job duties and responsibilities have become
significantly different over the two -year period.
B. Processing of request - The request for reclassification review must be submitted by
the employee or the Union to the employee's immediate supervisor. The employee's supervisor
shall submit a written recommendation to the employee's Department Head concerning the merits of
the reclassification review request. If the Department Head determines that the employee's job
duties and responsibilities have significantly changed, the Director of Human Resources will initiate
the reclassification review process.
Human Resources Department staff will have the responsibility to conduct the reclassification review
process. However, if the Union and the City mutually agree, a consultant may be utilized at any step
of the reclassification review process. The cost of the agreed upon Consultant will be paid by the
City.
C. Components of reclassification review -
1. The employee requesting the reclassification review will provide information summarizing
the scope and complexity of the duties and responsibilities of the position.
2. The employee requesting the reclassification review will be interviewed and observed at
work to assess the validity of the information provided by the employee and to develop a
full understanding of the job duties and responsibilities.
3. A salary survey will be performed comparing the employee's position with similar
positions in the Cities of Culver City, Gardena, Hawthorne, Hermosa Beach, Inglewood,
Los Angeles, Manhattan Beach, Redondo Beach, Santa Monica, Torrance, and the
County of Los Angeles. For purposes of the salary survey, the mid -point of the City's
current pay schedule will be compared to the midpoints of the surveyed public entities for
positions with similar education and /or experience requirements. Variances of +/- 5%
will be considered comparable to the prevailing rate.
D. Action by the Director of Human Resources - The completed reclassification survey
and a draft job description shall be reviewed by the employee's supervisor and the Director of
Human Resources. The Director shall then meet and confer with the Union on the results of the
reclassification review. The Director shall then make his or her recommendation to the City
Manager. The Director shall recommend to the City Manager the approval of any reclassification
request that reflects a substantial change in the duties and responsibilities of the position.
E. Action by the City Council - All reclassifications must be approved by the City Council.
F. Effective date of reclassification - Any approved reclassification shall become effective
the pay period following approval.
G. Challenge to decision on reclassification request- The Union may challenge the denial of
the reclassification request by the Director of Human Resources, the City Manager or the City
Council. Any challenge to the denial of the reclassification request will be governed by this section
and not by Article XVI, Grievance Procedure. If a challenge is made, anew classification review will
be completed by a neutral entity selected by mutual agreement of the Union and the City. The
parties agree to accept the conclusions reached by the neutral entity. The cost of the consultant's
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services will be shared equally by the Union and the City.
SECTION 5. Seniority - For the purpose of this Memorandum of Understanding, seniority shall be
defined as a bargaining unit member's total, continuous employment in a position in the City's
classified service. Total, continuous employment is that which is uninterrupted by separation and
includes 1) actual time worked, 2) authorized leave of absence, both paid and unpaid, 3) family
leave, 4) military leave and 5) industrial injury or illness leave. For purposes of this section, a leave
of absence without pay is limited to a maximum of 90 continuous days.
SECTION 6. Standby Duty, - Standby Duty is the time that employees, who have been released
from duty, are specifically required by their supervisor to be available for return to duty when
required by the City. During Standby Duty, employees are not required to remain at their City work
station or any other specified location. Standby Duty employees are free to engage in personal
business or activities. However, standby duty requires that employees:
Be ready to respond immediately.
2. Be reachable by paging device or telephone. The City may, in its discretion, provide
a paging device (e.g., a beeper) to an assigned Standby Duty employee.
3. Be able to report to work within one (1) hour of notification.
4, Refrain from activities which might impair their ability to perform assigned duties.
This includes, but is not limited to, abstaining from the consumption of any alcoholic
beverage and the use of any illegal drug or incapacitating medication.
5, Respond to any call back during the assigned standby period. As with any City
equipment, any paging device assigned to an employee is the responsibility of the
standby employee during the standby assignment. The employee is liable for loss or
damage to the paging device which is caused by the employee's negligence or
intentional acts.
Failure of an employee to comply with the provisions of standby duty may subject the employee to
discipline, up to and including termination of employment with the City.
For each period of standby duty, employees shall be provided the choice of two (2) hours of
compensatory time off or two (2) hours of paid time. A period of standby duty shall be defined as
one (1) day, commencing at 0001 and ending at 2400.
An employee who uses sick leave or vacation leave during a standby period, occurring on or after
September 9, 2000, shall not be provided any form of compensation for the standby period, unless
the employee's department head approves, in writing, the provision of the normal standby period
compensation.
SECTION 7. Jury Duty -Employees shall be entitled to a leave of absence for jury duty subject to
compliance with all of the following conditions:
A. The employee must provide written notice of the expected jury duty to his or her supervisor
as soon as possible, but in no case later than 14 calendar days before the beginning of the
jury duty.
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B. During the first two weeks of jury duty, an employee shall be entitled to receive his or her
regular compensation.
C. For any portion of jury duty that extends beyond the first two weeks, such extended jury duty
period shall be without regular pay.
D. Any compensation for the first two weeks of jury duty, except travel reimbursement pay, must
be deposited with the Director of Human Resources.
E. While on jury duty, the employee must report to work during any portion of a day that the
employee is relieved of jury duty for three or more consecutive hours. Employees relieved of
jury duty for three or more consecutive hours may use accrued leave to take the rest of the
day off, provided they have secured prior supervisory approval.
F. The employee must provide documentation of his or her daily attendance on jury duty.
G. However, notwithstanding Section C above, employees may access accrued vacation leave,
sick leave and compensatory time, if jury duty extends beyond two weeks.
SECTION 8. Cell Phone Stipend - Employees in classifications which are currently issued a cell
phone may elect not to be issued cell phones and instead receive an eighty dollar ($80) monthly
stipend to offset the cost of utilizing their personal devices for work related purposes. Non - exempt
employees shall not use their personal cell phones to perform any work on behalf of the City outside
of normal working hours without prior supervisory approval. Employees who elect this option shall
make their personal cell phones and cell phone records available for inspection by the City on the
same terms and conditions as employees who are issued City cell phones.
ARTICLE XVII - DRUG -FREE WORKPLACE- STATEMENT
AND SUBSTANCE ABUSE POLICY,
SMOKING POLICY AND BREAK POLICY
The parties have met and conferred in good faith regarding the adoption of a revised drug -free
workplace statement and substance abuse policy dated July 1, 2008, as well as a non - smoking
policy and break policy and the same shall be implemented concurrent with adoption of this MOU.
ARTICLE XVIII- PERSONNEL FILE
SECTION 1. The official personnel file of each employee shall be maintained in the Human
Resources Department. A unit member and /or a Union representative authorized by the member, in
writing, may review or obtain copies of material from the employee's file with the exception of
material that includes ratings, reports or records which are obtained prior to the employment of the
employee involved.
SECTION 2. Employees shall be provided any copies of derogatory material placed in their official
file. Employees will be requested to acknowledge they received any derogatory material prior to it
being placed in their personnel file.
SECTION 3. All customer or citizen letters of a positive nature and /or any City commendations,
letters of achievements and recognition will be placed in the employee's personnel file.
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ARTICLE XIX - AGENCY SHOP AGREEMENT
Legislative Authority — The City of El Segundo (City) and California Teamsters Local 911 (Union)
mutually understand and agree that in accordance with State of California law, per adoption of SB
739, and the Agency Shop election held January 2004, a majority of the full time, regular employees
in classifications represented by the Union voted to be covered by an Agency Shop agreement. As
a result of the Agency Shop election, as a condition of continued employment, this Agency Shop
agreement hereby requires that all bargaining unit employees:
1. Elect to join the Union and pay union dues; or
2. Pay an agency fee for representation; or
3. With a religious exemption, pay a fee equal to the agency fee to be donated to
selected charities.
Union Dues /Aaencv Fee Collection
Effective January 2004, the Finance Department shall deduct union dues, agency fee and religious
exemption fees from all employees who have signed a written authorization and a copy of that
authorization has been provided to the Finance Department. Employees on leave without pay or
employees who earn a salary less than the union deduction shall not have union dues or agency fee
deduction for that pay period.
The Union shall notify the City of any agency fee payer who elects to only pay fair share fees, the
fee equal to direct representation costs as determined by the Union's certified financial report. The
Union shall notify the City of the amount of the fair share fee to be deducted from the fair share fee
payer's paycheck.
The Union shall set the dues amount pursuant to the International Brotherhood of Teamsters (IBT)
constitution and notify in advance all affected employees and the City if the amount will change.
New Hire Notification
Effective January 2004, all new hires in this general bargaining unit shall be informed by Human
Resources, at the time of hire, that an Agency Shop agreement is in effect for their classification.
The employee shall be provided a copy of this agreement, the Memorandum of Understanding and
a form, mutually developed between the City and the Union that outlines the employee's choices
under the Agency Shop agreement. The employee shall be provided thirty (30) calendar days from
the date of hire to elect their choice and provide a signed copy of that choice to the Finance
Department. The Union may request to meet with new hires at a time and place mutually agreed
upon between the Department Head and the Union.
Failure to Pav Dues /Fees
Should an employee fail to make an election and provide the City a signed copy of the Agency Shop
employee election form, the Union shall notify the City, requesting the employee be terminated from
employment for failure to make an election. Within ten (10) working days of each new hire in the
bargaining unit, the City shall notify the Union of all new hires, providing the Union the employee's
name, classification and date of hire.
25
Reliaious Exemption
iold
An employee who is a member of a bona fide religion, body or sect that has historically held
conscientious objections to joining or financially supporting a union shall not be required, as a
condition of employment, to join the union and pay union dues or pay an agency fee for
representation.
An employee claiming religious exemption status shall be required to provide to the Union proof of
affiliation with such a religious body or sect.
In lieu of union dues or agency fee, the employee claiming religious exemption shall be required to
pay a fee equal to the Agency Fee, to a non - labor, non - religious charitable organization.
Records
On an annual basis, the Union shall provide the Human Resources Director with a copy of the
Union's certified financial report. The City shall provide the Union a list of all unit members and dues
paying status with each union dues check remitted to the Union.
Rescission of Agreement
The Agency Shop agreement may be rescinded at any time during the term of the Memorandum of
Understanding by a majority vote of all employees in the bargaining unit. A request for such vote
must be supported by a petition containing the signatures of at least thirty percent (30 %) of the
employees in the unit. The election shall be by secret ballot and conducted by California State
Mediation and Conciliation and in accordance with state law.
Indemnification
The Union shall provide full protection to the City by indemnifying, defending and holding the City
harmless from and against all claims and liabilities as a result of implementing and maintaining this
agreement.
ARTICLE XX - CATASTROPHIC LEAVE BANK
Pursuant to the meet - and - confer process for 1997 -98, it was agreed upon that effective July 1,
1997, or as soon thereafter as is possible, the City shall establish a Catastrophic Leave Bank for
represented employees as follows:
I. PURPOSE
To establish a program whereby City employees may donate accumulated time to a
catastrophic sick leave bank to be used by permanent, part -time and full -time
employees who are incapacitated due to a catastrophic illness or injury.
2. DEFINITION
A catastrophic illness or injury is a chronic or long term health condition that is
incurable or so serious that, if not treated, it would likely result in a long period of
incapacity.
26
434 6 a
3. PROCEDURES
A. There is established a joint - employer /employee committee composed of an
individual from each recognized employee organization and a representative
of City Administration charged with administering the Catastrophic Leave
Bank.
B. Employees may transfer sick leave, vacation or compensatory leave to the
Catastrophic Leave Bank to be donated to an employee who is experiencing
catastrophic illness and has exhausted all personal sick leave. Such a
transfer can be made on July 1 of each year on forms provided by the City of
El Segundo. The employee to receive the donation will sign the "Request to
Receive Donation" form allowing publication and distribution of information
regarding his /her situation.
C. Sick leave, vacation and compensatory time leave donations will be made in
increments of no less than one day. These will be hour for hour donations.
D. Employees must hold a minimum of one hundred (100) hours of
accumulated illness /injury leave after a donation has been made.
E. The donation of time is irrevocable. Should the recipient employee not use
all of the donated time for the catastrophic illness or injury, any balance will
remain in the Catastrophic Leave Bank to be administered by the'committee
and utilized for the next catastrophic leave situation.
27
u, 0
For the Union:
r
t
,ie'664rbaniel,
Business Representative
Jam s Car r," Chief Steward
c 170 1 Z
Date
Note:
Bar-gaining Team Members for SPEA were:
Gregorio Daniel, Business Representative
James Carver, Chief Steward
Gary Ganibi, Sr. Administrative Analyst
Stella Georgious, Senior Accountant
Emma Johnson, Police Records Supvr
Steve Tsumura, Environmental Safety Mgr
Fort; CitZof�l Se gu o:.
Greg C `pen A City Manager
-Mk(v
Deborah Cullen, Director of Finance /Human
Resources
Marth ,,A. Dijk tra, Human "R sources Manager
Date
J. Scott Tiedemann, Attorney
Deborah Cullen, Director of Finance/ Human Resources
Martha Dijkstra, Human Resources Manager
APPENDIX A
BARGAINING UNIT CLASSIFICATIONS
Administrative Analyst
Assistant Fire Marshal
Associate Engineer
Construction Coordinator (At -Will Position)
Crime Prevention Analyst II
Crime Prevention Analyst I
Economic Development Analyst (At -Will Position)
Emergency Management Coordinator
Environmental Safety Manager
Equipment Maintenance Supervisor
Facilities Maintenance Supervisor
Fire Marshal
GIS Analyst
Information Systems Specialist
Librarian I
Park Maintenance Supervisor
Plan Check Engineer
Police Records Supervisor
Principal Environmental Specialist
Principal Planner
Program Coordinator
Project Specialist
Property Owner Coordinator (At -Will Position)
Purchasing Agent
Recreation Supervisor
Senior Accountant
Senior Administrative Analyst
Senior Building Inspector
Senior Plan Check Engineer
Street Maintenance Supervisor
Technical Services Analyst
Wastewater Supervisor
Water Supervisor
Wellness Coordinator
Directive Policy /Procedure:
It is a policy of the City of El Segundo to prohibit smoking in City buildings, by the public and City
employees, in all areas where it is felt that smoking will significantly infringe upon the rights of others,
affecting both their health, safety and their ability to be productive.
This policy recognizes the health hazards of breathing "second hand" smoke, as reported by many
reputable researchers, Including the Surgeon General of the United States.
In accordance with Chapter 6.24 (Ordinance No. 1140) of the El Segundo Municipal Code, the
following shall be strictly adhered to;
Smoking shall be prohibited in all areas of City buildings, including the City Council
Chamber, reception areas, lobbies, conference and meeting rooms, restroom,,
lounges and lunchrooms, locker rooms and computer rooms.
Smoking shall also be prohibited in any City -owned or City- operated vehicle.
All entrances to City buildings and all areas of City buildings which are regularly occupied by the
public, shall be marked with signs reading; "Thank You for Not Smoking ", "No Smoking ", or the
international sign for No Smoking. City vehicles will be similarly marked,
There shall be no ashtrays in City buildings.
Ashtrays located outside of City buildings shall be placed sufficiently away from entrances so that
second hand smoke does not enter the building.
Enforcement of the provisions of this policy will be the responsibility of the Director of Human
Resources /Risk Management, supported by City Department Heads or their designate,
Violations of the policy by City employees will result in appropriate progressive discipline.
BH /ss
anoWnq.pW
APPENDIX 34 8 .
4 A .�
City of El Segundo Substance Abuse Policy
July 1, 2008
PURPOSE
It is the Policy of the City of El Segundo (hereinafter "City ") to maintain a safe,
healthful and productive work environment for all employees. The City is committed to
maintaining a workplace free from the influence of alcohol and drugs. The City
recognizes that drugs and alcohol hinder an employee's ability to perform his or her
duties safely and effectively, and desires to protect its employees and the public from
such effects. Employees who abuse alcohol and drugs, on or off duty, tend to be less
productive; less reliable, and prone to greater absenteeism. To these ends, the City will
not tolerate any drug or alcohol use which could affect an employee's ability to safely
and effectively perform the functions of his or her particular job, or imperil the health and
wellbeing of co- workers or the people of the City. (The term "employee" as used herein
shall be considered synonymous with the term "volunteer".)
Employees who think they may have an alcohol or drug usage problem are urged
to voluntarily seek confidential assistance from the Employee Assistance Program.
While the City will be supportive of those who seek help voluntarily or via "optional
referral" (page 4), the City will be equally firm in identifying and disciplining those whose
performance is affected by substance abuse and do not seek help.
Supervisors and Management employees will be trained to recognize signs and
symptoms of drug abusers and to become involved in this review process. Alcohol or
drug abuse will not be tolerated, and disciplinary action, up to and including termination,
will be used as necessary to achieve the goal of a drug -free workplace.
This Policy provides guidelines for the detection and deterrence of alcohol and
drug abuse. It also outlines the responsibilities of the City Supervisors, Management
and employees.
In recognition of the public service responsibilities entrusted to ALL employees of
the City, with knowledge that drugs and alcohol do hinder a person's abilities to perform
job duties safely and effectively, the following Policy against drug and alcohol abuse is
hereby adopted by the City of El Segundo.
4
leases. Otherwise, the City may notify the appropriate law enforcement agency that an
employee may have illegal drugs in his or her possession or in an area not owned or
leased by the City.
Refusal to submit immediately to an alcohol and /or drug test when directed by
City Management or law enforcement personnel may constitute insubordination and
may be grounds for discipline, up to and including termination.
Employees reasonably believed to be under the influence of alcohol or drugs
shall be prevented from engaging in further work and shall be detained for a reasonable
time until he or she can be safely transported from the worksite.
CONDITION OF EMPLOYMENT
Compliance with the City of El Segundo Substance Abuse Policy is a condition of
employment for all persons covered by this policy. Any violation of this Policy will be
grounds for discipline, up to and including termination.
DEFINITIONS
Whenever the terms below are used in this Policy, they shall be defined as
follows:
All Employees: "All Employees" for the purposes of this Policy, refers to all full -
time and part -time employees, volunteers, police cadets, police explorers or police
reserves.
City Management: The term "City Management" for the purposes of this Policy
refers to the City Manager and his /her designee(s).
Management: The term "Management" for purposes of this Policy, refers to
Senior Management, Management and any employee who serves in a supervisory
capacity.
Controlled Substance: Any drugs that are classified by the Drug Enforcement
Administration (DEA) into the five schedules or classes on the basis of their potential for
abuse, accepted use, and accepted safety under medical supervision. A drug in any of
these schedules identifies that it is "controlled" and determines the nature of the
supervisory control that must be exercised.
Drug: The term "drug" shall refer to any substance, including alcohol, which, in
the opinion of a competent medical professional, causes or may cause significant
impairment of job performance, or which causes or may cause behavior that is a threat
-3-
Physical altercation:
Verbal altercation;
Possession of alcohol or drugs;
Information obtained from a reliable person with personal knowledge as to an
employee's drug or alcohol use or possession;
Disorientation or job impairment (inability to perform employee's job in a routine
manner);
Odor of alcohol on breath;
Unsteady gait or balance;
Glassy eyes;
Drowsiness;
Euphoria;
Mood swings
Inattentiveness;
Excitement or confusion;
Irritability;
Aggressiveness.
4,111 i de
Rehabilitation Program: A "rehabilitation program" is a program, beyond that
provided by the EAP, which is designed to assist an employee to become alcohol or
drug free. The City can condition such an employee's continuing City employment
upon an agreement that the employee shall be drug and alcohol free during the entire
period of employment. The cost of any rehabilitation program is borne by the employee,
in conjunction with benefits afforded by any provider of available health and welfare
benefits of which the employee is a subscriber.
Safety Sensitive Employee: A "safety sensitive employee" is an employee
occupying, or applying for, any position in which the employee's job involves special
and obvious physical and ethical demands. These positions shall be designated by the
City at its sole discretion, but shall include at least the following positions and /or
assignments: 1) Any employee whose position requires the carrying of a firearm; 2)
Firefighters; 3) Paramedics; 4) Heavy equipment/machine operators; 5) Police Officers;
6) Operators of vehicles; 7) Communications Operators; 8) Lifeguards; and 9) all
personnel involved with Child Development/Child Care.
-5- .
4348.E
employee's system when at the workplace, or when otherwise
purporting to act in the course and scope of employment, or while
designated as being on call;
C. For an employee to sell, give, or provide any drugs (including alcohol)
or drug paraphernalia to any person, including any other employee,
either directly or indirectly through a third party;
D. For an employee while at the workplace or otherwise purporting to act
in the course and scope of employment, to manufacture, transfer,
possess, or purchase any drug or drugs (including alcohol);
E. For an employee to refuse to submit immediately to an alcohol and
drug test when requested by a Manager or Supervisor responsible for
enforcement of this Policy;
F. For an employee, before beginning work, to fail to notify his /her
Supervisor or Manager when taking any over - the - counter medications
or prescribed drugs which the employee knows or reasonably should
know, may alter the employee's physical or mental ability, or the
employees knows or reasonably should know may interfere with the
safe and effective performance of the employee's duties;
G. For an employee to fail to provide within 24 hours of request bona fide
verification of a current valid prescription for any potentially impairing
drug or medication identified when a drug test is positive. The
prescription must be in the employee's name and be within the time
limits designated by the prescribing physician; and
H. For a "safety sensitive" employee, as defined herein, to fail to notify the
City of any arrest or conviction pursuant to a criminal drug statute
(including alcohol) within five days of the arrest or conviction.
SUPERVISORY TRAINING AND POLICY ENFORCEMENT
Supervisors and Management employees will be actively involved in the
enforcement of this Policy and in the detection of substance abusers. To that end, they
will be trained to recognize substance abuse and to comply with the mandates of this
Policy. Supervisors and Management employees shall notify all affected employees of
this Policy, and shall be held responsible for consistent adherence to and enforcement
of this Policy.
W
434 -
"Reasonable Suspicion" is a belief, based on objective facts, sufficient to lead a " '
reasonably trained and prudent Supervisor or Management employee to suspect that an
employee is under the influence of drugs or alcohol such that the employee's ability to
perform the functions of the job is impaired or so that the employee's ability to perform
his /her job safely is reduced. See attached Reasonable Suspicion Testing Checklist.
B. Any Supervisor or Management employee ordering an employee to submit
to a drug and /or alcohol test must first document in writing the facts constituting
reasonable suspicion that the employee in question is intoxicated or under the influence
of drugs. Said documentation must be submitted to the Human Resources Director or
his /her designee prior to any test being administered.
C. When a Supervisor or other Management employee has reasonable
suspicion to believe that an employee is impaired by drugs or alcohol, the employee will
be removed to a suitable location, which will ensure his or her privacy, will be
interviewed and informed of the basis of the reasonable suspicion. Said interview shall
be procedurally governed by any statues, ordinances, rules or regulations effecting such
an employee interview. Where reasonably possible, said suspicion shall also be
confirmed by a second supervisor or manager. Any statements made during the
interview may be recorded, and may be used in any subsequent proceedings involving
the employee. If the Supervisor or other Management employee still has a reasonable
suspicion that the employee is still not drug free, the employee will be reminded of the
City's Policy and ordered to submit to urine testing in accordance with the procedures
established by this Policy (subject to concurrence in said order by the Human
Resources Director and /or his designee). (It is recognized that drug screening by use of
a "hair follicle" test has gained widespread support in the legal profession as constituting
an accurate screening method. Accordingly, the City may, at its sole discretion, utilize
said method. However, and in view of the relatively high cost of performing said test,
the City is not compelled to use such a screening process.) If the employee agrees to
comply with the order, he or she will be transported to a designated collection site. NO
TEST SHALL BE ADMINISTERED, UNLESS THE HUMAN RESOURCES DIRECTOR
OR HIS/HER DESIGNEE CONCURS IN WRITING IN THE DETERMINATION THAT
REASONABLE SUSPICION EXISTS TO JUSTIFY A TEST AND THAT THE TEST
SHALL BE GIVEN PURSUANT TO THIS POLICY.
Any Supervisor or Management employee encountering an employee who refuses
an order to submit to a drug and/or alcohol test shall remind the employee of the
Consequences of Refusing to Take any Test Required by This Policy:
Failure of any employee to submit immediately to a substance test ordered in
accordance with this Policy (or other test approved herein) will be considered a serious
offense of insubordination and may result in discipline, up to and including termination.
Continuinq Legal Validity of Testing Procedures:
In the event that future developments make it apparent that any approved drug
testing procedures are unlawful, the City will cease to implement those procedures as
are found to be unlawful.
EMPLOYEE ASSISTANCE PROGRAM
Early recognition and treatment of alcohol and drug abuse is important for
successful rehabilitation, for economic return to the City, and for reduced personal,
family and social disruption. The City encourages the earliest possible diagnosis and
treatment for alcohol and drug abuse. However, the decision to seek diagnosis and
accept treatment is primarily the individual employee's responsibility. To assist
employees in obtaining early voluntary treatment, the City has established an Employee
Assistance Program (EAP). The EAP provides counseling and assistance to all City
employees.
The Human Resources Department shall make information regarding such
services available to all City employees.
Employees with alcohol or drug abuse problems should request the confidential
assistance of the EAP. Employees may seek help without approval or even the
knowledge of their Supervisor or Manager. The EAP will provide assistance on a
confidential basis and will refer the employee to appropriate counseling or treatment
services. Requesting assistance of the EAP in dealing with an alcohol or drug abuse
problem shall not, in and of itself, jeopardize the employee's continuing employment
status with the City. However, requesting assistance of the EAP, whether it be
voluntary or otherwise, does not immunize an employee from being subject to
disciplinary action. In most instances, such requests will minimize exposure to
disciplinary action.
Employees who undergo voluntary counseling or treatment pursuant to a referral
by the EAP and who continue to work must meet all established standards of conduct
and job performance.
4 ,5 4
E. If an employee is experiencing performance problems or disciplinary
action is contemplated or pending against the employee at the time a request for
assistance is made, the request for assistance will be treated as a separate but possibly
related issue. In no case will a request for assistance provide amnesty to an employee
in a contemplated or pending disciplinary action. A request for assistance may, at the
discretion of City Management, defer related pending or contemplated disciplinary
action until completion of the treatment process;
F. An employee will suffer no loss of seniority by virtue of his or her
participation in the EAP or rehabilitation program.
Optional Referral to Employee Assistance Program (EAP):
The City recognizes that assistance through the EAP, or rehabilitation, rather
than disciplinary action, or possibly in conjunction with some forms of discipline, may be
appropriate in certain circumstances. Referral to the EAP, rather than discipline, or
along with lesser forms of discipline other than termination, may be made as follows:
A. Upon a first offense of a violation of this Policy, an employee will
generally be given the option of referral to the EAP for completion of a prescribed
rehabilitation program, rather than being terminated. The employee may be relieved of
safety sensitive and /or security sensitive functions until completion of the rehabilitation
program to the satisfaction of the rehabilitation counsel, return of a negative drug test,
and signing of a Re -entry Agreement as discussed further below;
B. An employee subject to optional referral must agree to undertake and to
complete successfully a course of treatment as deemed appropriate by the EAP and /or
rehabilitation program counselor. Any employee refusing to agree to comply with an
optional referral is subject to discipline, up to and including termination.
C. If an employee fails to conform to the requirements of the rehabilitation
program and /or fails to successfully complete the program and /or fails to remain drug
free, the employee may be terminated. As part of the terms of the optional referral, the
employee agrees that the EAP provider and /or rehabilitation counselor will report to the
employee's Supervisor or Manager any failure on the part of the employee to cooperate
in the rehabilitation program, or to progress through the program to the satisfaction of
the counselor;
D. The City will allow the employee to take one leave of thirty (30) days or
less and to charge accumulated sick leave or other leave credits while the employee
-13-
4546,
consent, may also occur when: (1) the information is compelled by law or by judicial or
administrative process; 2) the information has been placed at issue in a formal dispute
between the employer and employee; (3) the information is to be used in administering
an employee benefit plan; and (4) the information is needed by medical personnel for
the diagnosis or treatment of the patient who is unable or unwilling to authorize
disclosure.
Searches:
The City shall not physically search the person of any employee. The
appropriateness of any physical search will be left to the determination of the proper
legal authorities. Any searches of employees' personal belongings may be done only
pursuant to freely given consent, or as permitted by law. The City may search any
property or area which is City owned or leased by the City. Employees are specifically
notified that the following areas are not private, unless agree to otherwise in writing by
the City: desks, file cabinets, work area, employee lounges, lunch area, restrooms,
lockers and any other storage area. Searches of said City owned or lease areas shall
be done either:
(1) in the employee's presence, or
(2) with the employee's consent, or
(3) pursuant to a valid search warrant, or
(4) where the employee has been notified that a search will be conducted.
LABORATORY SELECTION AND MANAGEMENT (These provisions are subject to
necessary technical modification should hair follicle testing be utilized.)
A. The City shall utilize medical providers that are qualified to handle the
collection of urine samples for the purpose of drug and /or alcohol testing.
Although selection of such provider(s) shall be in the sole discretion of the
City, the latter shall solicit the advice of recognized employee
organizations regarding such selection.
B. The City shall utilize a laboratory that is properly licensed and SAMHSA
certified and whose procedures comply with ongoing state and /or federal
law.
C. There shall be two (2) urine samples collected and split in two separate
containers. The laboratory that conducts the screening of the urine
sample for drug and /or alcohol testing must confirm the positive test
-15-
causing impairment and /or without having been knowingly ingested.
Therefore, a positive dr'ua screen indicating the folllowina drug levels shall)
not be indicative of a "Positive" drug test.
The following
levels are
approved
by NIDA:
EMIT,
GUMS
Drug Screening Cutoff
Confirmation Cutoff
1.
amphetamines /methamphetamines
1000 ng /ml
500 ng /ml
2.
barbiturates
300
100
3.
benzodiazepines (Valium tranquilizers)
300
150
4.
cocaine metabolite
300
150
5.
methadone
300
100
6.
methaqualone
300
100
7.
opiates (morphine, codeine, heroin)
2,000
2,000
S.
phencyclidine (PCP)
25
25
9.
propoxyphene (Darvon)
300
100
10.
cannabinoid (THC)
50
15
11.
steroids
N/A
N/A
12.
alcohol (urine)
0.02%
0.02%
D. The remainder of the positive urine specimen(s) shall be retained frozen by the
laboratory for one (1) year.
Sample Collection Procedure
A. Employees who are sent to the City's medical facility for drug and/or alcohol
testing shall provide a urine specimen that will be split into two bottles (samples
A and B) according to the following collection procedures:
1. The employee shall be given two urine containers to take into the urine
collection room.
2. The urine collection room shall contain a toilet and a sink. The toilet water is
dyed blue and the hot water to the room is shut off by a control handle
located outside of the room.
3. The employee shall leave his /her belongings in a locked room during the
sample collection procedure.
4. The employee shall be allowed to dress in civilian clothing when providing the
samples.
5. The employee, upon providing the urine samples, will hand the samples to
the collector.
6. The collector will test the temperature of the samples to ensure they are
between 90 and 100° Fahrenheit.
7. The collector will split the sample into two containers with a lid and tape, in
view of the employee and that employee will then initial and date the
DRUG -FREE WORKPLACE STATEMENT
July 25, 1994
1. PURPOSE
The Drug -Free Workplace Act of 1988, passed by Congress on October 21,
1988, requires all grant recipients to implement a comprehensive substance abuse
policy. Under the Workplace Act, to be eligible to obtain a federal grant, an employer
must certify to the granting agency that it will provide a drug -free workplace.
It is the intent of the City of El Segundo to maintain a safe, healthful and
productive work environment for all employees. To accomplish this, the City will act to
eliminate any drug abuse which increases the potential for accidents, absenteeism,
below standard performance, poor employee morale or damage to the City's
reputation. Everyone covered by this statement should be aware that violations of this
policy may result in discipline, up to and including termination, a requirement that the
employee participate in a drug assistance or rehabilitation program, and /or in not being
hired.
Because it is widely recognized that drugs hinder one's ability to perform work
safely, productively and effectively, the following statement is hereby adopted by the
City of El Segundo.
2. STATEMENT
The City of El Segundo prohibits the unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance, alcohol or other
drug that the employee knows or reasonably should know could interfere with
the safe and effective performance of duties or operation of City egUipment in
the workplace.
3. ACTIONS THAT WILL BE TAKEN AGAINST EMPLOYEES FOR VIOLATION
OF THE PROHIBITIONS IN PARAGRAPH 2 ABOVE
-19-
Exhibit A 4,S4
1.) Police Officer
2.) Firefighter/Paramedic
3.) Dispatcher
Supervising Dispatcher
4.) Job classifications with a requirement for a Class B or Class A Drivers License:
• Street Maintenance Leadworker
• Street Maintenance Worker II
• Water Maintenance Worker II
• Wastewater Maintenance Leadworker
• Wastewater Maintenance Worker II
• Equipment Mechanic II
• Fire Equipment Mechanic
• Tree Maintenance Worker
• Recreation Leader IV (Shuttle, van and Dial-a -Ride Drivers)
5.) Lifeguarding Personnel
6.) Police Service Officer
• Animal Control Assignment
• Jailer Assignment
• Court Liasion Assignment
7.) Crime Scene Investigators
8.) Police Assistants
9.) Police Records Supervisor
10.) Technical Service Analyst
11.) Police Chief and Fire Chief and laterals to Management Positions in both departments
-21-
REASONABLE SUSPICION TESTING CHECKLIST
The following is a listing of a observable behaviors that may be used prior to conducting, a reasonable
suspicion test.
Behavioral Observation Checklist
Name of Observed Employee:
Name of Supervisor: d...�� ...��..r.__. .. 6......_....�m Date:
Witness:
Check all those indicators or cues observed in the workplace:
Appearance: Behavior:
Glassy eyes
Yes
No W
Slurred speech Yes _ --
No
Blank stare
Yes
No
Confused speech
Yes.
No_�„
Bloodshot eyes
Yes
_
No
Staggering
Yes
No
Flushed face
Yes
No
Poor coordination
Yes
-No.__
Alcohol smell
Yes
No
Tremors /shakes
Yes
No
Marijuana smell
Yes _
m No
Altered appearance
Yes
w
No
Mood:
Vigilance/Performance:
Mood changes
Yes
No
Confused
Yes
No
Isolating
Yes W�
No �„
Disoriented
Yes .........
No w..._,m....,..
Nervousness
Yes
No
Drowsiness
Yes
_ No
Belligerent
Yes
No
Sleeping
YesNo
-
Aggressive
Yes
No
Hearing things
Yes
No �.
Unusually quiet
Yes
No
Seeing things
Yes
No
Unusually talkative
Yes
No
Blackouts
Yes „m m
mmm No .... .......
Signature of Supervisor:
Signature of Employee:
....,_�..__._,
_
_.._.....mm Date: .
_ ....., _...
BDA 1Jan 2003
k
City of El Segundo
Federal Rules
on
Alcohol and Other Drugs
and
Information for CDL Holders
4
1. CONTACT PERSON KNOWLEDGEABLE OF THE PROGRAM:
Name: Bob Hyland
Interim Director of Human Resources
350 Main Street
El Segundo, CA 90245
310.524.2336
Laboratory: Quest Diagnostics
7600 Tyrone Ave.
Van Nuys, CA 91405
(800) 877 -2520
Medical Review Officer (MRO):
Eleanor Gilbert, M.D.
1430 Main Street
Salt Lake City, UT 84115
888.249.4575
2. COVERED EMPLOYEES:
All City employees who hold a commercial driver's license (CDL) and who
drive a commercial motor vehicle (CMV) as part of their assigned duties,
whether regularly or on an as- needed basis shall be subject to the provisions
of the Federal Motor Carrier Safety Administration (FMCSA) regulations and
City policies included in this document. Firefighters are exempt from these
regulations.
A CMV is a motor vehicle used to transport passengers or property that:
a. has a gross combination weight rating (GVWR) of 26,001 or more
pounds inclusive of a towed unit with a GVWR of more than 10,000
pounds;
b. has a gross vehicle weight rating of 26,001 or more pounds;
c. is designed to transport 16 or more people, including the driver; or
d. is of any size and is used in the transportation of materials found to be
hazardous for the purposes of the Hazardous Materials Transportation Act
and which require that the vehicle be placarded under the Hazardous
Materials regulations.
3. FUNCTIONS AND PERIOD OF THE WORK DAY COVERED BY THE
3 4 w
DRUG USE
Any unlawful use of a controlled substance (i.e., use without a valid medical
explanation) is prohibited.
Although the FMCSA only requires and authorizes testing for five drug
classes (marijuana, cocaine, amphetamines, opiates, and phencyclidine), an
employee cannot perform a safety- sensitive function if the employee has used
any Schedule I controlled substance or other substance that renders the driver
incapable of safely operating the vehicle.
ALCOHOL AND ALCOHOL USE
Definitions
• Alcohol is the intoxicating agent in beverage alcohol, ethyl alcohol, or other
low molecular weight alcohols, including methyl or isopropyl alcohol.
• Alcohol use is the consumption of any beverage, mixture, or preparation,
including any medication (prescribed or over - the - counter, intentional or
unintentional), containing alcohol.
A. Alcohol Possession
Covered employees may not possess any alcoholic beverage while on duty,
except alcoholic beverages that are manifested and transported as part of a
shipment.
B. Alcohol Concentration
Covered employees may not report for duty or remain on duty in a position
requiring the performance of safety- sensitive functions while having an
alcohol concentration of 0.04 or greater.
• FMCSA regulations also provide that an employee who has an alcohol
concentration of 0.02 or greater but less than 0.04 cannot be permitted to
perform safety- sensitive functions. It will therefore be a violation of City
policy for any covered employee to report for duty or remain on duty
with an alcohol concentration of 0.02 or greater.
C'. Pre-Duty Use
N 14 a
Covered employees are subject to the following federally- mandated drug and alcohol
tests:
A. Pre - employment
• Pre - employment drug testing is required before an employee performs a
safety- sensitive function for the first time.
• The City must obtain a verified negative test result from the medical review
officer before permitting the employee to perform any safety- sensitive duties.
B. Post - Accident
As soon as practicable after an accident, each surviving covered employee
must undergo drug and alcohol testing if the accident was determined by the
City to meet the following conditions:
The occurrence involved a CMV operated on a public road in commerce
AND the driver:
• was performing a safety- sensitive function with respect to the vehicle if
the accident involved a human fatality; OR
received a citation under State or local law for a moving traffic violation
arising from the accident AND the accident involved:
D bodily injury to any person who, as a result of the injury,
immediately receives treatment away from the scene of the
accident, OR
D disabling damage to one or more motor vehicles incurred as a
result of the accident, requiring the motor vehicle to be
transported away from the scene by a tow truck or other motor
vehicle.
A covered employee who is subject to post- accident testing will remain
readily available for testing or may be deemed by the City to have refused to
submit to testing.
• Attempts to conduct post - accident drug testing will cease 32 hours after the
accident, even if no drug test has been conducted.
Attempts to conduct post- accident alcohol testing will cease 8 hours after the
accident, even if no alcohol test has been conducted.
C. Random
7
3 f ;,#
41 a
Nothing in this section should be construed as limiting the City's ability,
based on the City's independent authority, to take action against or impose
other requirements on employees suspected of drug and/or alcohol use or
misuse.
NOTE: In addition to testing required by FMCSA, employees may be
subject to drug and /or alcohol testing under City policy for suspected
substance abuse. Such testing will be accomplished based on criteria
established by the City, and may include testing under circumstances other
than those set forth in FMCSA's regulation.
E. Return to Duty
Before a covered employee returns to duty in a safety- sensitive function after
engaging in prohibited conduct, he or she must undergo a return to duty test.
The employee cannot perform a safety- sensitive function until an alcohol test
result indicating an alcohol concentration of less than 0.02 and/or a verified
negative drug test is obtained.
• An employee may be required to undergo both drug and alcohol return to
duty testing after a violation (whether drug- or alcohol - related) if the
substance abuse professional (SAP) determines that testing for both is
necessary for that particular employee.
F. 1lollow -up
DOT regulations require employees who have tested positive to be referred to a
Substance Abuse Professional (SAP) for evaluation and recommended treatment
including follow up testing and removed from the DOT covered safety sensitive
position. Any employee who has a positive test may result in discipline up to and
including termination.
Each covered employee, who has been identified by a SAP as needing
assistance in resolving a problem with drug use or alcohol misuse and who
has returned to duty performing a safety- sensitive function, will be subject to
follow -up testing.
Follow -up tests will be unannounced and at least 6 tests must be conducted in
the first 12 months after the employee is back on the job. Follow -up testing
may continue for up to 60 months.
The schedule for follow -up drug and/or alcohol testing is established by a
SAP.
0
6. PROCEDURES FOR DRUG AND ALCOHOL TESTING
A. Dreg'I'eslin
i. Collection
• All drug testing is conducted by analysis of a urine specimen. The specimen
collection process is designed to protect employee privacy and individual
dignity. Each urine specimen collected will be subdivided into two portions
(called "primary" and "split "; see below for more on split specimens).
• Professional collectors are used to collect the specimens, and all specimens
are sent to a laboratory certified by the Department of Health and Human
Services. The collector must verify the donor's identification, and can be
required to provide his/her identification to the donor on request.
• Chain of custody is maintained on the specimen from the time of collection
throughout the analysis to ensure that the results are attributed to the correct
employee and that the specimen is properly handled.
w NOTE: If the employee cannot provide sufficient urine for testing, he or she
must undergo a medical examination to determine if there is a medical
condition that caused the inability to provide a specimen or if the employee
refused to submit to testing.
ii. Specimen Analysis
• Each specimen is screened by the laboratory. If the screening test does not
indicate that drug(s) might be present at or above the cut -off level established
by the Department of Transportation (DOT), the specimen is reported as
negative to the Medical Review Officer (MRO).
• If the screening test indicated drug(s) might be present, the specimen
undergoes confirmatory testing using gas chromatography /mass
spectrometry. Only if the GC/MS test indicates that the specimen is positive
at or above the DOT drug cut -off levels is the result reported as a confirmed
positive to the MRO.
iii. Medical Review Officer
• The MRO is a licensed physician who is responsible for receiving laboratory
results . The MRO has knowledge of substance abuse disorders and
appropriate training to interpret and evaluate a confirmed positive test result.
11
obtain an analysis of the split specimen at a second laboratory that has been
designated by the City.
• The donor has until 72 hours after the donor has been advised that the MRO
has verified the test as positive to compel the analysis of the split specimen.
• The City will be responsible for the costs of collecting the split specimen and
for analysis of the primary specimen and the split specimen.
• If the split specimen is inadequate or unsuitable for testing, unavailable, or if
it fails to reconfirm the presence of the drug at the level of detection, the
entire test will be canceled.
Alcohol Testin
i. Breath Analysis
• All testing is conducted using evidential breath testing devices (EBTs)
operated by trained breath alcohol technicians (BATS).
• The BAT must verify the identification of each employee and must provide
positive identification to the employee on request. The BAT will also explain
the testing process to the employee.
• Each test will begin with a screening test. If the result is below 0.02, the test
result is negative and testing is complete. If the test result is 0.02 or greater, a
confirmation test must be conducted.
• The confirmation test must be conducted after a 15 minute wait (starting from
the time of the screening test) during which the employee is watched and
instructed not to eat, drink, put anything in his or her mouth, or, to the extent
possible, belch. Testing will be conducted even if the employee ignores this
instruction, however.
• The confirmation test result determines the consequences of the test under the
FMCSA regulation.
ii. Invalid Tests
By regulation, a breath alcohol test is invalid under the following
circumstances:
The EBT does not pass its next external calibration check (this invalidates
all test results of 0.02 or greater on tests conducted since the last valid
external calibration test; it does not invalidate negative tests).
The BAT does not observe the minimum 15- minute waiting period prior
to the confirmation test.
13
8. CONSEQUENCES FOR VIOLATING THE FMCSA RULES:
Removal From Safety- Sensitive Functions
Covered employees are prohibited from performing safety- sensitive functions if
they have engaged in prohibited conduct under the FMCSA rule or another DOT
agency's substance abuse prevention rule (including refusal to submit to random,
reasonable suspicion, post- accident, or follow -up testing). Employees with a
confirmed positive drug or alcohol test or who refuse to test will be subject to
discipline up to and including termination.
Information Regarding Assistance
• Each employee who has engaged in prohibited drug or alcohol use or has
refused to submit to a required test shall be advised of the resources available
for evaluating and assisting the employee in resolving problems associated
with drug or alcohol use.
• This information will include the names, addresses, and telephone numbers
of substance abuse professionals and counseling and treatment programs.
The following sources can also offer assistance:
• Community mental health centers
• Family service agencies
• Private physicians and therapists
• Local hospitals
• Specialized treatment centers for alcoholism and other drug use
• Telephone hotlines, including:.
1- 800 - ALCOHOL
A referral hotline for persons with alcohol problems
1- 800 - COCAINE
A referral hotline for persons using cocaine
1- 800 - 662 -HELP
A national hotline referral service, Center for
Substance Abuse Treatment, Dept. of Health and Human Services
1- 800 - 344 -2666
Al -Anon, for family and friends of alcoholics
1- 800 - 766 -6779
Marijuana Anonymous referral hotline
1- 818 - 773 -9999
Narcotics Anonymous referral hotline (not toll -free)
uz 1- 212 - 870 -3400
Alcoholics Anonymous World Headquarters (not toll -
free)
15
CERTIFICATE OF RECEIPT
I, the undersigned employee, certify that I have received a copy of policy material on
the misuse of alcohol and use of controlled substances as required by the Federal
Motor Carrier Safety Administration (49 CFR 382.601(d)).
Employee's printed name
Employee's signature
Date
17
INCIDENT /PERFORMANCE REPORT
The following is an example of an incident /performance report. Use this report to record
any incidents, workplace performance or workplace behavior problems. In situations where
the circumstances are severe enough to warrant a post- accident or for -cause drug test this
document must be completed within 24 hours of the time the incident occurred and the
testing was initiated.
Employee's name
Date of incident
Time of incident Location of Inci
Describe the incident in detail
(If additional space is needed please use the back of this page and check here. Yes )
Please list all witnesses to the behavior or incident:
Did you discuss the incident/or behavior with the employee? Yes No
Remarks:
Signature of Supervisor Date
g p
Signature of Employee e Date
Signature of Witness Date
BDA Jan 2003
19
w&'1a
APPENDIX E
Q.ar"
City of El Segundo
CATASTROPHIC LEAVE BANK POLICY
Effective: July 1996 (rev. 2009)
Definition of a Catastrophic Illness or Injury:
A catastrophic illness or injury is a chronic or long -term health condition that is incurable,
or so serious that, if not treated, would likely result in a long period of incapacity.
Eligible Employees for Donation and Program Usaqe:
A. Any permanent full -time or part-time city employee may donate to, or make
requests for use of leave bank hours. Employees donating accumulated leave time
must retain a minimum of 100 leave hours AFTER their donation has been made
AND must complete a Catastrophic Leave Time Donation Request Form prior to
donating any accumulated leave time. Employees, or their designated
representative, requesting use of the Leave Bank must complete a Request to
Receive Catastrophic Leave Time Form as soon as possible, prior to, or within a
reasonable time frame after a catastrophic illness or injury. Completed forms must
be submitted to the Director of Finance or his /her designee.
B. Forms are available from the Human Resources Department. The Human
Resources Department will maintain all Catastrophic Leave Policy materials.
C. Employees eligible for State Disability Insurance (SDI) may use leave hours as a
supplement to their SDI benefits in order to receive full pay while incapacitated.
Catastrophic Leave Hours may not be used in lieu of SDI benefits and are not
intended to replace SDI benefits, or any other established Long -Term or Short-
Term Disability Insurance (LTD /STD). Employees receiving SDI benefits will be
required to provide a copy of their SDI application and first SDI check to the
Catastrophic Leave Committee, along with their "Request to Receive Catastrophic
Leave Time" form.
Page 1
City of El Segundo
REQUEST TO RECEIVE CATASTROPHIC LEAVE TIME
This form is to be completed by eligible city employees who are incapacitated due to a
catastrophic illness or injury, and wish to receive additional leave time in accordance
with the Catastrophic Leave Policy. Utilization of the Catastrophic Leave Bank is
predicated on the requesting employee exhausting all of his/her accumulated leave
balances, and being in need of additional leave time, due to his /her incapacitation. The
purpose of this form is to obtain sufficient information for review and determination by
the Catastrophic Leave Policy Committee. The purpose of this form is NOT to be
intrusive into the personal /private issues of the requesting employee. All information is
considered confidential, and will be retained by the Human Resources Department.
Name:
Position:
Employment Status:
Permanent Full -Time
Date:
Department:
Permanent Part -Time
Please describe why you are requesting use of the Catastrophic Leave Bank,
including specific information as to the nature of your catastrophic illness /injury
(NOTE: Verification of illnesslinjury by a medical professional may be required by the Catastrophic Leave
Committee).
II. How much donated leave time do you estimate you may need?
IIL. Are you eligible for, or are you currently receiving, State Disability Insurance (SDI)?
If "yes," give estimation of leave hours you need to supplement your SDI benefits.
APPENDIX
CITY OF EL SEGUNDO
INJURY AND ILLNESS PREVENTION PROGRAM
TABLE OF CONTENTS
SECTION DESCRIPTION
INTRODUCTION Program Goals and Responsibilities of Managers,
Supervisors and Employees
1
2
3
4
5
6
7
System for Ensuring Employee Compliance
System for Communicating with Employees and
Description of Health and Safety Committee
Responsibilities
System for Identifying /Evaluating Hazards
Injury/Illness Investigation Procedures
System for Correcting Unsafe Work Conditions
Training and Instruction Procedures
Emergencies
ATTACHMENT #1 Digest of Senate Bill 198 and Related Regulations
w
7. Encourage employees to report work place hazards, emphasizing that it may be done with
no fear of reprisal, and that it is a basic requirement of the job.
EMPLOYEES
Employee responsibilities for safety will include the following:
1. Adhere to all City and Department rules and regulations.
2. Wear appropriate safety equipment required as a condition of employment.
3. Maintain equipment in good condition, with all safety guards in place when in operation.
4. Report all injuries, no matter how minor, immediately to a supervisor.
5. Encourage co- workers to work safely.
6. Report unsafe acts, work practices, and conditions following the procedures outlined in Part
2 of this Injury and Illness Prevention Program.
All employees of the City are responsible for working safely and maintaining a safe and healthful work
environment. Such responsibility includes keeping work areas neat and clean to reduce the chances of
accidents and injuries. Each employee is responsible for keeping his or herwork area neat and orderly. Good
housekeeping is an integral part of any effective safety program. Keeping work areas neat and clean reduces
the chance of accidents and injuries. Well- organized work areas also increase the ability of employees to
perform their jobs efficiently. Housekeeping inspections will be conducted in each department on a regular
basis.
PART 1: SYSTEM FOR ENSURING EMPLOYEE COMPLIANCE
At the time of initial employment and at other periodic intervals, employees are notified through the employer's
safety handbook and other written communications, verbally and by various other methods that compliance
with established and /or common sense safe and healthy work practices, whether written or unwritten, is a
mandatory condition of employment. Employees who fail to adhere to job safety standards (including
attending all required training) are subject to disciplinary action, including, but not limited to, verbal reprimands,
written warnings, suspension, and discharge. Furthermore, no single disciplinary action shall set a precedent
for any other disciplinary action relating to a safety or health violation that may be perceived to be of a like or
similar nature.
From time -to -time, employees may be recognized for their compliance with safety and health standards and /or
continuation of work without injury or incident by means of special notice or award.
PART 2: SYSTEM FOR COMMUNICATING WITH EMPLOYEES
At the time of initial and at other intervals, employees are notified verbally, through the employer's safety
handbook and other written communications, and /or by various other methods of applicable safe work
practices and working conditions, and that all employees have the right and obligation to report any work -
related injury or unsafe condition or hazard without fear of reprisal or threat of job security. Such information
may be submitted using a standard form or otherwise in writing (signed or anonymous), or verbally to the
employee's supervisor or any other member of management, or directly to the appropriate federal, state, or
local governmental agency.
The City Safety and Health Committee will be representative of all City departments and will be made up of
management, supervisors and /or rank and file employees. The Committee will:
1. Meet regularly, but not less than quarterly;
2, Prepare and make available to the affected employees, written records of the safety and
health issues discussed at the Committee meetings and maintained for review for Cal -
OSHA upon request;
3, Review results of the periodic, scheduled worksite inspections;
4348 4 "DA
identification of corrective actions needed, assignment of persons responsible for the completion of specific
remedial actions, and follow up for compliance. Training and /or retraining of affected employees is provided
as applicable.
As referenced above if the identified work place hazard involves an imminent risk of significant or substantial
physical injury or death, City policy dictates that steps will be taken to correct the situation immediately. If the
work place hazard does not involve such an imminent risk, corrective actions will be taken as soon as possible
and no later than 15 days after the City or individual becomes aware of its presence.
PART 6: TRAINING AND INSTRUCTION PROCEDURES
At the time of initial employment; when employees are given new job assignments for which training has not
previously been given; when new substances, processes, procedures, or equipment are introduced that
represent a new hazard; when the employer is made aware of a new or previously unrecognized hazard; and
at other intervals designated by management, employees are trained in applicable safe and healthy work
practices in groups or individually through distribution and review of the employer's safety handbook and its
supplements; through other written communications, posters, booklets, etc.; and by various other methods as
applicable to providing instruction in a form readily understandable by the affected employee or group of
employees. Supervisory personnel will also receive training and instruction designed to insure their
familiarization with the work place safety and health hazards to which employees under their direction and
control may be exposed.
Safety or "Tailgate" meetings will be conducted by department managers or supervisors on a regularly
scheduled and as needed basis. During these meetings the manager or supervisor shall discuss with the
employees under his /her direct supervision such issues as new hazards that have been introduced or
discovered in the work place; causes of recent accidents or injuries and the methods adopted by the City to
prevent similar incidents in the future; and any health and safety issue defined by the manager or supervisor to
require discussion and reinforcement. All safety meetings will be documented on the appropriate form.
PART 7: EMERGENCIES
In addition to the City's written Injury and Illness Prevention Program, the City's Police and Fire departments
have written plans related to emergency and disaster preparedness and response, fire prevention, and
environmental and hazardous materials.
4 4 . U� a
occupational safety and health committees to be included in the employer's injury prevention program.
The board shall establish criteria for use in evaluating employer and employee occupational safety
and health committees. The criteria shall include minimum duties, including the following:
(1) Review of the employer's (A) periodic, scheduled worksite inspections, (B) investigation of
causes of incidents resulting in injury, illness, or exposure to hazardous substances, and
investigation of any alleged hazardous condition brought to the attention of any committee
member. When determined necessary by the committee, the committee may conduct its own
inspections and investigations.
(2) Upon request from the division, verification of abatement action taken by the employer as
specified in division citations
If an employer's occupational safety and health committee meets the criteria established by
the board, it shall be presumed to be in substantial compliance with paragraph (5) of
subdivision (a).
(g) The division shall adopt regulations specifying the procedures for selecting employee representatives
for employer - employee occupational health and safety committees when these procedures are not
specified in an applicable collective bargaining agreement. No employee or employee organization
shall be held liable for any act or omission in connection with a health and safety committee.
SB #198 also amended other sections of the Labor Code so that every inspection by Cal /OSHA must include
an evaluation of the employer's written injury and illness prevention program and that employers who do not
have an operative program will not be entitled to downward penalty adjustments for serious or non - serious
violations because of a previous "good history" safety record.
General Industry Safety Order
As required by SB #198, the Cal /OSHA Standards Board issued its final administrative regulations on
December 13, 1990 and submitted them to the California Office of Administrative Law (OAL) for approval.
OAL approved the regulations on January 16, 1991. The new regulations adopted by the Standard Board
resulted in the following revision to Section 3203 of the California Code of Regulations, Title 8 (Industrial
Relations). It is the title that establishes the state's General Industry Safety Orders with which employers must
comply.
Section 3203. Injury and Illness Prevention Program
(a) Effective July 1, 1991, every employer shall establish, implement, and maintain an effective Injury and
Illness Prevention Program. The Program shall be in writing and shall, at minimum:
(1) Identify the person or persons with authority and responsibility for implementing the Program
(2) Include a system for ensuring that employees comply with safe and healthy work practices.
Substantial compliance with this provision includes recognition of employees who follow safe
and healthful work practices, training and retraining programs, disciplinary actions, or any
other such means that ensures employee compliance with safe and healthful work practices.
(3) Include a system for communicating with employees in a form readily understandable by all
affected employees on matters relating to occupational safety and health, including provisions
designed to encourage employees to inform the employer of hazards at the worksite without
fear of reprisal. Substantial compliance with this provision includes meetings, training
programs, posting, written communications, a system of anonymous notification by
employees about hazards, labor /management safety and health committees, or any other
means that ensures communication with employees.
Exception: Employers having fewer than 10 employees shall be permitted to
communicate to and instruct employees orally in general safe work practices
with specific instructions with respect to hazards unique to the employees'
7
(2) Documentation of safety and health training required by subsection (a)(7) for each employee,
including employee name or other identifier, training dates, type(s) of training, and training
providers. This documentation shall be maintained for three (3) years.
Exception No. 1 Employers with fewer than 10 employees can substantially comply
with the documentation provision by maintaining a log of
instructions provided to the employee with respect to the hazards
unique to the employees job assignment when first hired or
assigned new duties.
Exception No. 2: Training records of employees who have worked for less than one
(1) year for the employer need not be retained beyond the term of
employment if they are provided to the employee upon termination
of employment.
(c) Employers who elect to use a labor /management safety and health committee to comply with the
communication requirements of subsection (a)(3) of this section shall be presumed to be in
substantial compliance with subsection (a)(d) if the committee:
(1) Meets regularly, but not less than quarterly;
(2) Prepares and makes available to the affected employees, written records of the safety and
health issues discussed at the committee meetings and, maintained for review by the Division
upon request;
(3) Reviews results of the periodic, scheduled worksite inspections;
(4) Reviews investigations of occupational accidents and causes of incidents resulting in
occupational injury, occupational illness, or exposure to hazardous substances and, where
appropriate, submits suggestions to management for the prevention of future incidents;
(5) Reviews investigations of alleged hazardous conditions brought to the attention of any
committee member. When determined necessary by the committee, the committee may
conduct its own inspection and investigation to assist in remedial solutions;
(6) Submits recommendations to assist in the evaluation of employee safety suggestions; and
(7) Upon request from the Division, verifies abatement action taken by the employer to abate
citations issued by the Division
- - ----- SUMMARY _ ...............................
Every employer in California must have an injury and illness prevention program in compliance with SB #198
or be subject to Cal /OSHA fines for regulatory violations of up to $2,000. In summary, the program MUST BE
IN WRITING and identify the person responsible for its implementation. In addition, it must contain the
following elements:
(1) A system to ensure that employees comply with safe practices.
(2) A system for communicating with employees about safety matters and their right to report unsafe work
practices or conditions without fear of reprisal.
(3) A system for identifying and evaluating workplace hazards, including a record keeping system of
periodic inspections, unsafe conditions noted, and corrective actions taken.
(4) A system for investigating occupational injuries and illnesses.
(5) A system for correcting unsafe conditions in timely manner based on the severity of the hazard.
6
APPENDIX G
Environmental Safety Manager - Base Salary
53S
4348.
q , 19, ,, m
ENVIRONMENTAL SAFETY MGR.
Step B
$8156.62
Step D
$8992.67
4348.
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