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.
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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.
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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.