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Resolution 08938CITY OF ALAMEDA RESOLUTION NO. 8938 RESOLVING IMPASSE ISSUES AND FINDINGS THEREON AND ESTABLISHING SALARIES AND BENEFITS FOR FISCAL 1978-1979 WHEREAS, the passage of Proposition 13 has created severe financial constraints and uncertainties for the City; and WHEREAS, said constraints require reduction in staff and the level of reduction is still uncertain because state contribu- tions are as yet uncertain; and WHEREAS, certain benefits provided by Memoranda of Under- standing for prior years entail escalating costs; and WHEREAS the Council interprets prior Memoranda not to encum- ber budgets for subsequent years; and WHEREAS, it is desirable to take actions which will avoid the possibility of further unanticipated layoffs in the proposed budget; and WFIEREAS, the City has met and heard arguments on impasse matters according to Resolution No. 7476, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA that,said Council: 1. Ratifies the items agreed upon by the employee associa- tions as set out in the Memorandum of July 5, 1978 from the Assistant City Manager, attahhed hereto as Exhibit "A". 2. Adopts the layoff policy and procedure attached hereto as Exhibit "B" with the exception that Section 17 thereof shall be deleted. 3. Salary levels shall remain at 1977-1978 levels. The matter of salary levels shall be reopened for further negotiation in the event that Proposition 13 is declared unconstitutional and that the City Council also determines that there is a substantial increase in revenues as a result thereof. 4. Ratifies the City Manager's freeze on step increases. 5. Severance pay for general employees with five (5) or more years of service shall be frozen at the employee's present length of service. Severance pay for general employees with less than five (5) years experience is discontinued. 6. Medical insurance payments by City will be continued at the cost to the City as of June 30, 1978. Additional premium costs shall not be funded by the City. 7. Sick leave payoff provisions are hereby frozen at the present number of days accrued by any person now eligible there- for. Except as to accrued days, this benefit is discontinued. All proposals by employee organizations, inconsistent herewith, are hereby rejected after hearing on the matter of impasse. i 9. This resolution supersedes all prior resolutions and Memoranda of Understanding inconsistent herewith. 1" the undersigned, hereby certify that the foregoing Resolution was duly and regularly introduced and ado ted by the Council of the City of Alameda in special meeting assembled on the 6th day of July, 1978, by the following vote, to wit: AYES: Councilmen Diament, Sherratt, Tillman, Beckam, and President Corica, (5). NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this Gth day of July, 1978. City Clerk of the City of Alameda CITY OF ALAMELA Honorable Mayor and Inter-department Memorandum To: Members of the City Council From: Ronald D. Creagh Assistant City Manager July 5, 1978 Subject: Final Report on Meet and Confer Matters - 1978-79 This will very briefly summarize the final status of issues and matters that have been the subjects of meet and confer for fiscal year 1978-79 for each of the three (3) employee organizations: ALAMEDA POLICE OFFICERS ASSOCIATION Issues on which agreement has been reached: 1. Jointly study alternatives to current medical plans (Kaiser and Blue Cross). 2, Withdrawal from BSP Blood Plan, effective July 1, 1978. 3. Layoff policy and procedure as proposed by manage- ment, except for the policy rights" section. 4. Job selection (special assignment) procedures. 5. Removing acting pay for sworn personnel. 6. Removing City tuition reimbursement provision. Issues on which there is an impasse: 1. Salary increase proposed by Association. 2. Sick leave "reward" provision proposed by Associa- tion. 3. Uniform allowance increase proposal by Association. 4. Layoff policy and procedures - "bumping rights" section proposed by Management. 5. Medical insurance proposal by Management. 6. Sick leave payoff modifications proposed by Manage- merit. 7. Association disputes City Manager's action to freeze salary step increases. ALAMEDA FIREFIGHTERS ASSOCIATION Issues on which agreement has been reached: 1. Jointly study alternatives to current medical plans (Kaiser and Blue Cross). 2. Withdrawal of BSP Blood Plan, effective July 1, 1978, 3. Removal of CMR - Constant Manning, effective immeidately. (Meet and consult matters.) 4. Agreed to study increasing leave for death in family from one to two shifts. 5. Agreed to study including maternity leave in emer- gency leave category. 6. Agreed to study liberalization of residence res- trictions. 7. Layoff policy and procedure as proposed by Manage- ment, except for the bumping rights" section and "Exceptions section. 8. Agreed to study lowered educational incentive thre- shold to one year proposal by Association. Issues on which there is an im asse: 1. Salary increase proposal by Association. 2. Layoff policy and procedure: "Bumping rights" section and "Exceptions" section proposed by Management. 3. Medical insurance proposal by Management. 4. Sick leave payoff modification proposed by Manage- ment. ALAMEDA CITY EMPLOYEES ASSOCIATION Issues on which agEffments have been reached: 1. Agree to recommend amendment of discharge and dis- ciplinary provisions of Civil Service Rules and Regulations so that they are consistent with provisions relating to public safety employees. 2. Agree to make every reasonable effort to complete studies on matters in prior Memoranda of Understanding. 3. Jointly study alternatives to current medical plans (Kaiser and Blue Cross). 4. Withdrawal of BSP Blood Plan, effective July 1, 1978. 5. Layoff policy and procedure as proposed by Manage- ment, except for the policy rights" section, "Exceptions" sec- tion, seniority within classification section, severance pay deletion and disallowance of sick leave payoff at layoff pro- vision as proposed by Management. 6. Suspension of acting pay provision for one year. 7. Suspension of City tuition reimbursement for one year. Issues on which there is an impasse: 1. Salary increase proposal by Association. 2. Maintenance of prior benefits request by Association, which relates to the sick leave modification and medical insur- ance proposals by Management. 3. Layoff policy and procedure: "bumping rights," exceptions, classification seniority, severance pay deletion and disallowance of sick leave payoff at layoff provision as pro- posed by Management. 4. Medical insurance proposal by Management. 5. Sick leave payoff modification proposal by Manage- ment. RDCijr ' / Creagh Assi 't nt City Manager CITY OF ALAMEDA LAYOFF POLICY AND PROCEDURE This layoff policy for the City of Alameda is intended to provide the maximum employment protection to City staff should a layoff become necessary. The policy also aims to minimize the impact such a layoff might have on the City's affirmative action accomplishments. SECTION 1. ANNOUNCEMENT OF LAYOFF. (a) The City Council, City Manager and Department Heads shall make every reason- above effort to manage and budget the City's resources effectively, and to plan for the delivery of City services in a manner which will avoid the necessity to lay off career City Employees. If a reduction in the work force for more than thirty (30) calendar days is necessitated by, but not limited to, the following: a material change in duties and organization, adverse working conditions, return of employee from leave of absence or shortage of work or funds, the City Manager shall notify the Direc- tor of Personnel of the intended action and the reason for layoff. (b) Immediately following a decision which may involve the potential layoff of career City employees, the City Manager shall freeze all current City vacancies in the competitive service in similar and related classifications to those likely to be targeted for layoff, as well as all related full-time, benefited positions which are expected to last six (6) months or more, and notify all Department Heads that such current and anticipated vacancies will be frozen until further notice. Section 2. REDUCTION IN FORCE - LAYOFF (a) Except as otherwise provided, whenever there is a reduction in work force, the appointing authority shall lay off employees within each department or division by classifications according to total City seniority, within the classification for which the employee is being laid off. Employees with the least continuous total, City service within their current classification shall be laid off first. (b). Any permanent or probationary employee so laid off will be given ten (10) working days notice in writing by the appointing authority. Every attempt will be made by the appointing autnority to deliver layoff notices in the most efficient and expeditious manner possible. Time of notification shall begin as of the date appearing on the written notification. Any permanent employee who is layed off, demoted or re- assigned as a result of layoff, who believes that the layoff procedure has been impro- perly administered as it pertains to his or her case, may appeal either orally or in writing through normal channels to the appointina authority, no later than five (5) working days from date of written notice of layoff, demotion, or reassignment. All persons so laid off shall have their names placed on the City reemployment eligible li s t , as provided f or b v Section 9 of this procedure. Section 3. DETERMINING LENGTH OF SENIORITY. In determining total City .seniority within classification, all current, continuous time that an employee has been employed in their particular current classification shall be counted as classification seniority, including periods of authorized leaves Of absence which require a retirement contribution and including all periods of time served as a regular, part-time or CETA employee in a similarly related class through which a normal ladder of promotion could be expected. Section 4. ORDER OF REDUCTION OF WORK (a) Layoffs and/or reduction in force shall be made by classification within departments or divisions. Where applicable, three separate layoff lists will be esta- blished for each classification within each department or division. These lists will be for the following groups of employees: (I) part-time, (2) probationary, and (3) permanent. (b) Employees whose names appear on the part-time list will be laid off before employees whose names appear on the probationary list. Employees whose names appear on the permanent list will be laid off after the previous two lists have been exhausted. In effecting this order, a part-time employee cannot displace a full-time permanent or probationary employee. A full-time permanent or probationary employee can, however, displace a part-time employee, if they so elect, and if a part-time position within that classification is available. (c) Employees whose names appear on either of the three lay off lists shall be off on the f011owiD_' `3iS: (1) Se| Orit within th' 7fected classification as v ~�* determined by Section 3 of this procedure (computation of seniority for part-time employees will be based on the total length of time worked in the affected classification and not on the cumulative total of the number of hours worked); (2) if a layoff decision cannot be resolved according to step one, employees shall be laid off in the order in which the affected employees' names appeared on the respective eligible lists from which they were appointed to the classification from which they are being laid off; (3) if a layoff decision cannot be resolved according to steps one and two, the appointing authority shall make the layoff determination in accordance with the employees' rela- tive service value to the Citv. Section 5. EXCEPTIONS Notwithstanding the foregoing provisions related to the order of work reduction, if the appointing authority determines that the public interest will not be served by application of criteria as set forth in Section 4, above, the appointing authority may depart therefrom on the basis of a clearly demonstrable superiority in performance and/0r qualifications. In such case, the appointing authority shall notify the employee to be laid off, in writing, specifying the basis for such determination in detail. Section G. BURPING An employee designated to be laid off may, upon notification to the appointing authority, bump into the lower position within a common classification series, within the same department, if the employee has previously held, or possesses, the minimum qualifications for such position. The affected employee will have his/her name placed at the top of the layoff list for the lower position, irrespective of relative seniority of others in the lower clO3s1fiC8tinn, Section 7. LATERAL TRANSFER Prior to layoff every effort will be made by the appointing authority to transfer any employee who is to be affected by the reduction in force to another vacant position in the Same or comparable class for which such employee may qualify. The length of eligibility for such transfer will be the period of notification, but no longer than the effective date of such layoff or reduction. -3- Section O, NON DISCRIMINATION IN REDUCTION IN FORCE. Layoff and demotions which result from a reduction in force shall be made without regard to an emplVyee/s race, color, national origin, religion, sex, age, citizenship or physical handicap. Section 9, EMPLOYEE NOTIFICATION (Excluding permanent and probationary) Temporary, part-time, seasonal, etc. , employees shall be notified individually, in writing, of pending layoff as soon as possible, but no definite time period is r2qUired. However, at least ten (10) working days' notification is desirable if pos- sible., Section 10. PAYOFF OF ACCRUALS UPON LAYOFF. Laid off employees are to be paid for all earned holidays, vacation credit and overtime, as provided for in Section 2(c) of Resolution 6252 when separated as a result of a layoff. The sick leave, annual and accrued credit, of such employee Will remain on the books and will be reinstated if they are reappointed. Section 11. REINSTATEMENT OF EMPLOYEES DEMOTED AS A RESULT OF A REDUCTI0N IN FORCE. Employees who are demoted as a result of "bumping" as provided for in Section 6 shall have their names p]aC2d on a reinstatement list for the class from which they were demoted, in the order of their classification seniority within their department or division. Vacant positions within a classification series shall first be offered to employees on this list. Section 12, REEMPLOYMENT OF EMPLOYEES LAID OFF AS A RESULT OF � REDUCTION IN FORCE. _--_' _ -__ Employees who are laid off shall have their names placed on a Reemployment List for classifications in which they previously held status, but not on a list which will affect a promotion. If more than one person is laid off in a single class, the posi- tion of the names on the list shall be in reverse order of layoff or in accordance with the employees' relative service value to the City as determined by work history, performance record or other pertinent evidence, as interpreted hv the appointing authority. Vacant positions in such classifications will be offered to eligibles on the Reemployment List who qualify for such vacancies prior to an open or promotional recruitment. Section 13. DURATION OF REEMPLOYMENT/REINSTATEMENT LISTS. (a) Individuals whose names appear on a Reemployment List shall be afforded the right to reappointment, as a City of Alameda employee, to the position formerly held for a period of time not to exceed three (3) years from the date of layoff. (b) Individuals who have exercised the bumping option as set forth in Section 6 of this procedure, and who appear on a Reinstatement List, shall be eligible for re- instatement to their former position for a period of time not to exceed five (5) years from the date of reduction to a lower classification. Prior to reinstatement to their former classification, the appointing authority shall have the option to reevaluate the job related qualifications of those individuals whose names have appeared on the Reinstatement List for period of time in excess of three (3) years from the date of their reductions in classification. Section 14. NOTIFICATION OF REEMPLOYMENT/REINSTATEMENT (a) Individuals whose names appear on a Reemployment List, and who do not respond to written notification of an opening within fifteen (15) calendar days from the date of receipt of notice, or attempt to deliver by certified mail, shall have their names removed from the list. (b) Individuals who appear on a Reinstatement List shall be notified of the reinstatment to their former classification through the most efficient and expeditious manner possible. (c) It shall be the responsibility of those appearing on either the Reemployment or Reinstatement List to maintain with the Personnel Department a current mailing address. Section 15. PHYSICAL AND MENTAL EXAMINATION The appointing authority may require a physical examination prior to layoff and may also require a physical examination to determine compliance with physical qualifications for job performance, prior to reernploynient or reinstatement. Section 16. REEMPLOYMENT RIGHTS. The returning employee has a right to be reinstated to the step within the salary rang( held ' pribr to layoff. Section 17' RESTORATION OF BENEFITS. Upon reinstatement and reemployment following a reduction in force, an employee will have the following benefits restored: (a) Annual and accrued sick leave credit. (b) Seniority at the time of layoff for purpose of determining salary step increase, sick leave annual credit, vacation credit, and future reductions in force, etc. (c) All benefits existing at the time of reemployment. Section I8. ALTERNATIVES TO LAYOFF. Nothing in this layoff policy shall preclude City employees from exercising op- tions, such as job-sharing, comparative reductions, and work week reductions, that represent cost savings alt8rnatiYC's to layoffs. Implementation of such alternatives shall be developed in concert with the appropriate department heads, and any agreed upon alternatives shall be subject to approval of the appointing authority.