AFSCME/ Morgan Hill MOU 2013-2015

MEMORANDUMOF UNDERSTANDING
Cityof Morgan
Hill
CITYOF MORGANHILL
American ti
County
and Municipal Employees
Local 101District Council
July 12013June302015
AFSCME
MEMORANDUMOFUNDERSTANDING
2013 2015
TABLEOFCONTENTS
Preamble 1
ArticleI Term 1
Article11Representation
1
Meet Confer Process 1
ReleaseTime 2
Dues Deduction Process 3
VoluntaryUnion Dues Deductions
3
VoluntaryAgencyFeeDeductions
3
hivoluntaryDeductionProcess
3
ArticleIII Management Rights
5
ArticleIV Definitions 5
Personnel Rules 5
ArticleV Salaries Wages
Paid Benefits 5
HolidayPay
6
Work Furlough
6
Other Pay
6
Water Certification Pay
6
Weekend and Week Night StandbyPay
7
Out ofClass Pay
7
Bilingual Pay
7
OvertimeCompensatoryTime
8
BaseWork Schedules 9
Health Benefits 10
ArticleVI EIP Program
11
Educational IncentivePayProgram
1 I
Tuition Reimbursement 11
ArticleVII Types ofLeave
12
Sick Leave 12
VacationAccrual
12
Extended LeavePolicy
13
Bereavement Leave 14
ArticleVIII MiscellaneousBenefits 14
IRS125 Program
15
ArticleIX Miscellaneous Policies and Procedures 15
Uniforms 16
Light DutyDetermination
16
SubstanceAbusePolicy
16
Class ALicense 17
CitywideSafety Committee
17
Lay OffProcedure
17
Work StoppageAnyJob Action Slowdown
19
ArticleX GrievanceProcedure 19
Informal and Formal Grievances 19
EmployeeRelations Panel
20
General Conditions 22
ArticleXI Miscellaneous 22
ArticleXII Ratification 23
SignaturePage
23
Exhibits
Exhibit A
SalaryScheduleJuly 12013 June302014
24
Exhibit B
SalaryScheduleJuly 12014 June302015
26
This Memorandumof Understanding MOUhasbeen executed byrepresentatives of the
MorganHill CityCouncil City and representatives of theAmericanFederation of State
County and MunicipalEmployees Local 101 Union
ARTICLEI TERM
101
Thetermofthis Agreement shall betwentyfour 24 months commencingJuly 12013and
endingJune302015
ARTICLE11 REPRESENTATION
201
Union is a recognized employee organization within themeaning of City sEmployer
EmployeeRelations ResolutionNo4955
202
Union represents all regular full and part timeCity employees excluding positions
represented by thePoliceOfficers Association POA
theCommunity ServiceOfficers
Association CSOA and thoseidentified intheManagement ConfidentialResolution
203
Regular Part TimeEmployees
Regular parttime employees in Union represented
classifications who work at least twenty 20hours per week shall receiveinsurance
educational incentivetuition reimbursement and paid leavebenefits provided for in this
agreement on a proratedbasis according tothenumber ofhours worked per week
204 Meet Confer Process
204 01 Union is theonly employeeorganization which is entitled to meet and confer with
Cityon behalfofrepresented employees as outlined inItem202above
204 02 Representatives of City and Union have met and conferred pursuant to the
provisions oftheMeyers MiliasBrownAct and ResolutionNo4955 for thepurpose
of reaching agreement concerning all matters within thescopeof representation for
Cityemployees inUnionduringthetermoftheMOU
204 03 Anagreement has beenreached
204 04 Union agrees that it will not attempt to meet and confer on any items within the
scopeof therepresentation as defined by theMeyers MiliasBrown Act and City
ResolutionNo4955 during theternoftheMOUexcept as provided intheMOU
204 05 Noagreement alteration understanding variation waiver or modification of any of
theterms or provisions contained herein shall in any manner bebinding upon the
parties hereto unless made and executed in writing by all parties hereto and if
required approved and implemented byCityand Union
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Page
1
205 ReleaseTime
205 01
TheUnionPresident Steward or designeeshall beallowed releasetimewith payon
an asneeded basis to participatein meetings related to employeedisciplineas set
forth in section 11 of theCity of Morgan Hill Personnel Rules This includes
meetings with Citymanagement which maylead to disciplineof an employeewhen
theemployeehas requested representation by Union and theemployeehas a legal
right to berepresented Nonotation is required on theUnion President Steward or
designee stimecard when using release timefor thepurposes described in this
section
205 02 Atotal of up to forty 40hours each fiscal year of releasetimewith pay may be
used bytheUnion President Steward or designeefor thefollowing purposes when
representation is requested bytheemployeeand theemployeehas a legal right tobe
represented
a
Preparation for predisciplinaryor disciplinarymeetings
b
Processing formal grievances in accordance with the formal grievance
procedureset forth inSectionXofthis MOUand
C
Meeting with employees regarding informal grievances and presenting
informal grievanceissues toCitymanagement
Theforty40hours ofreleasetimearecumulativetheUnion President Steward or
designeetogether areallowed a total of forty 40hours under this provision The
Union President Steward or designeeshall noteReleaseTimeon their timecard
when using releasetimefor thepurposes described inthis section
205 03 TheUnionPresident Steward or designeeshall beallowed releasetimewith payon
an asneeded basis to participatein City initiated meetings to discuss issues within
thescopeofrepresentation Nonotationis required ontheUnion President Steward
or designee stimecard when using releasetimefor thepurposedescribed in this
section
205 04 TheUnion President Steward or designeeshall first obtain permission fromhis or
her supervisor or other appropriatemanagement personnel beforeusing releasetime
regardless of thepurposefor which releasetimeis needed Permission to userelease
time may be delayed in circumstances when City work would be seriously
compromised by the Union President Steward or designee stopping work
However permission willbegranted within a reasonabletimeflame
205 05 Union general membership meetings will continueto beheld during lunch or after
work
205 06 City shall providerelease timefor three3Union employees for attendance at
formal meet and confer sessions
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Page 2
206 Dues Deduction Process
206 01
VoluntaryUnion Dues Deduction
Cityshall deduct Union dues fromthepay checks ofmembers ifUnion follows the
requirements of this paragraph Union dues are the dues that Union charges
members for membership in theUnion representation in collectivebargaining and
other employment related matters within the scope of representation and Union
political activity
City shall only deduct Union dues fioman employee spay check iftheemployee
has submitted a signed authorization card to City clearly stating the employee s
desirefor Cityto deduct Union dues It is understood and agreed by both City and
Union that Union accepts responsibility for submitting authorization cards to City
and for informing City whenever an employeewithdraws his or her authorization
Such deductions shall bemadefromeach authorizing employee spay check and
remitted toUnion each month
206 02 VoluntaryAgencyFeeDeductions
City shall deduct agency fees fromthepaychecks of members ifUnion follows the
requirements ofthis paragraph Agencyfees represent thepercentageofUnion dues
used for representing members intheir employment with Cityand other categories of
chargeable expenses recognized by federal court decisions Agency fees do not
includeamounts used for Union political activity or other categories of expenses
deemed non chargeabletoUnionmembers byfederal court decisions
City shall only deduct agency fees under this subsection froman employee spay
check if theemployeehas submitted a signed authorization card to City clearly
stating theemployee sdesirefor City to deduct agency fees It is understood and
agreed by both City and Union that Union accepts responsibility for submitting
authorization cards to Cityand for informing Citywhenever an employeewithdraws
his or her authorization Such deductions shall be made fromeach authorizing
employee spaycheck and remitted toUnion each month
206 03 InvoluntaryDeductionProcess
Union and City agreeto conduct involuntary agency feedeductions in accordance
with stateand federal law as follows
a
FeeAmount During thetermof this Agreement every employeecovered by
theMOUshall 1remain a member in good standing ofUnion 2paytoUnion
a monthlyagency feenot greater than theamount chargeabletonon members
for representation and bargaining services or 3in thecaseof an employee
who certifies that hesheis a member of a recognized religion body or sect
which has historically held conscientious objection to joining or financially
supporting publicemployeeorganizations pay a sumequal to agency fees to
one of the following organizations Community Solutions El Toro Youth
AFSCMELocal 101Morgan Hill MOU Judy 12013 June302015
Page 3
Center Morgan Hill CommunityFoundation Morgan Hill Community Health
FoundationUnited Way or Mt MadonnaYMCA
b
New EmployeeCompliance Newlyhired employees shall complywith oneof
theserequirements withinthirty30days ofstartingemployment with City
C
Non Deduction Periods The deductions in this subsection shall not apply
during anyperiod wherean employeeis in an unpaid status or does not have
enough earnings topaythedues or fees
d
Excluded Employees This involuntary deduction provision shall not apply to
management employees
e
Involuntary Agency Fee Deduction Process The involuntary agency fee
deductionprocess will operateas follows
City shall deduct an agency fee fromthe salary of each bargaining unit
member that Union advises Cityin writing has not authorized a Union dues
or agency feededuction in writing Union represents that it has consulted
with knowledgeablelegal counsel and has developed a plan including but
not limited tocurrent audits accuracy of agency feecalculation and legal
sufficiency of employee challenge procedures and certifies that this plan
satisfies all constitutional and statutory requirements for involuntary agency
feedeductions
f
Indemnification Defense and Hold Harmless Union agrees to indemnify
defend and hold City harmless against any and all claims suits orders
judgments costs or attorney sfees includingbut not limitedtoprelitigation
administrativestaff retained outsidecounsel costs and any other matters for
which City may seek indemnification under Government Code section
3502 5brought or issued against City as a result of theaction taken or not
takenby Cityunder theprovisions ofthis AgencyShop agreement
206 04 Should Citychangeor increasetheduties requirements or safetyhazards of anyjob
classification srepresented herein City will meet and confer with Union no later
than thirty30days beforeeffectivedateofsuch changeor changes for thepurpose
ofnegotiating appropriatesalary adjustment sfor theso changed classification sat
a level appropriateto compensatefor theincreased duties requirements or safety
hazards
206 05 City and Union will split theprinting cost of theAgreement equally Union will
choosetheprinter
AFSCMELocal 101Morgan Hill MOU July 12013 June302015 Page 4
ARTICLEIII MANAGEMENTRIGHTS
301
Therights of Cityas exercised bytheCityCouncil and theCityadministration includebut
are not limited to 1 the exclusiveright to determine the mission of its constituent
departments commissions and boards 2 set standards of service 3 determine the
procedures and standards of selection for employment 4 direct its employees 5 take
disciplinary action 6 relieveits employees fromduty becauseof lack of work or other
legitimatereasons 7 maintain theefficiency ofgovernmental operations 8 determinethe
methods means and personnel by which government operations areto beconducted 9
determinethecontent ofjob classifications subject toanyrequirement tomeet and confer or
under current state law 10 require that employees work overtime and 11 exercise
completecontrol and discretion over its organization and thetechnology of performing its
work except that anyagreement between Cityand Union evidenced by a MOUpursuant to
Government Code3500 et seq shall takeprecedenceover any of theaboveenumerated
employeeand management rights and that such MOU willbehonored in good faith during
thelifeofthis contract subject to City srights todeterminewhen an emergency exists and
totakeall necessaryactiontocarry out its mission inemergencies
302 Nothing in this articleshall beconstrued to limit amend decreaserevokeor otherwise
modify therights vested in Cityby any law regulating authorizing or empowering City to
act or refiain fiomacting
ARTICLEIV DEFINITIONS
401
ThetermSalaries Wages or Salary and Wages shall mean thegross monthly basepay
prior to any deductions
402 ThetermPersonnel Rules as used in this Agreement means thoseregulations titled City
of Morgan Hill Personnel Rules enacted as Resolution No 6150 and thereafter and
hereafter amended In theevent a conflict in interpretation between thesePersomnel Rules
as included byreferenceand similar sections as contained inthis MOUthelanguageinthe
MOUwill beused for interpretation
ARTICLEV
SALARIESWAGES
PAIDBENEFITS
501 Thesalaries and wages paid byCityto employees in Union as shown inExhibit Awill be
in accordancewith thejob classifications they hold with pay rates to beincreased by two
percent 2 onthefirst payperiod followingJuly 12013
502 Thesalaries and wages paid by Citytoemployees inthepositions in Union as shown inthe
tablebelow and referenced inExhibit Bwill beincreased bytwopercent 2
on thefirst
payperiod followingJuly 12014
AFSCMELocal 101MorganHill MOU July 12013 June302015 Page 5
503
HolidayPay
Citywill observethefollowingholidays NewYear sDayMartinLuther KingDay
President sDay Cesar Chavez DayMemorial Day IndependenceDayLabor Day
ThanksgivingDayafter Thanksgiving Christmas Eveand Christmas Employees will
receiveone1half12dayholidaytobeused duringthefurlough period or onthelast
work daybeforethefurlough Citywill maintainminimumstaffinglevels on thesedays and
theDepartment Director will determinewhich halfdaytheemployeemaytakeoff
a
Each employeewill receivetwo 2floating holidays each fiscal year to beused
duringthat fiscal year with theapproval oftheemployee ssupervisor
b
Recognized holidays of Citywill bealigned to coincidewith school holidays in the
MorganHill Unified School District
C
Any hours worked on a holiday shall becompensated at doubletime If a holiday
falls on a Friday or a Monday any hours worked on theweekend connected to the
holidaywill becompensated at theholidaypayrate
d
Holidaystandby shall becompensated at therateofthree3hours at doubletime
504 Work Furlough
City shall annually implement an end of year furlough that includes thetimeperiod of
December 24 through January lst of each year Thespecificfurlough dates and staffing
requirements shall bedetermined by City Furlough dates shall beprovided to Union by
November 1st of each year and staffing requirements shall befinalized and published by
December Ist ofeach year
505
Other Pay
505 01Water CertificationPay
All employees inclassifications that arerequiredbytheStateofCaliforniatohave
Water DistributionCertificates toperformtheirjobs and whoin fact possess the
appropriatecurrent certificatewill beentitledtoreceiveanadditional twoand ahalf
percent 25 ofbasepay Employees willreceivetheadditional two and a half
percent 25 ofbasepayinthepayperiod following thedateCityreceives the
employee scurrent certificate Ifa MaintenanceWorker hastherequired
certification and is assigned towork ina position that requires thecertification
heshewillreceivethetwoand a halfpercent 25 certificationpayfor thosehours
worked inthat assignment
ARSCMELocal 101MorganHill MOU July12013 June302015 Page 6
505 02Weekend and Week Night StandbyPay
Weekend Standbyshallbecompensated at therateofthree3hours at timeand
onehalf12for each twentyfour 24 hour period covered Each week night of
standbyshall becompensated at therateofoneand a quarter 125hours at timeand
onehalf12for each weeknight ofstandby Theweeknight standbyperiod shall
beginat theend oftheregular work shift and end with thecommencement ofthe
regular work shift thefollowingmorning Employees assigned standbymust beable
toreport totheCorporationYardwithinthirty30minutes fromthetimetheyare
called
505 03Out of Class Pay
Whenever an employeeis temporarily assignedinwritingbytheir supervisor to
work ina higher classification and performs substantially all oftheduties ofthe
higher classification for aperiod ofmorethanten 10cumulativeworkingdays the
employeeshall beentitled toout ofclass payontheeleventh 11dayof
assignment Havingoncesatisfied theten10dayqualifying requirement any
subsequent such assignment shall beso compensated an additional fivepercent 5
beginningwith thefirst dayofreassignment
505 04 Should the assignment last more than sixty 60consecutive calendar days the
employeeshall becompensated at a stepwithinthenormal rangewhich is at least an
additional fivepercent 5
higher thanthat received inaccordancewith 505 03
505 05Bilingual Pay
Unionemployees identifiedbyaDepartment Director touseSpanish or American
SignLanguageintheir work and whoarecertifiedbytheprocess described below
shall receivethefollowingcompensation
a
Employees hired prior toJune302013 shall receivefivepercent 5
of
basesalary OnJuly12013that amount will becalculated and convertedto
a fixed amount or onehundred and fiftydollars 150 00per month
whichever is greater
b
Should therebesubsequent adjustments tobasesalaries theamount
determined on July 12013 shall remainthefixed inperpetuity
G
Employees hired onor after July 12013 shall receivea monthlystipend of
onehundred and fiftydollars 150 00
d
TheCertificationprocess shall becompletedbya provider contracted by
HumanResources or three3personpanel established byHuman
Resources todetermineconversational competenceEmployees shall be
subject torecertification everytwo 2years unless thecertification is waived
byCity
e
Aneligibleemployeemayrequest tobetested for bilingual certification at
anytime
AFSCMELocal 101Morgan Hill MOU July12013 June302015 Page 7
506
OvertimeCompensatoryTime
506 01
OvertimeCompensatory timeis defined as oneandahalf 15times an employee s
total hourly salary OvertimeComptimeis paid for any amount of timeexceeding
fifteen 15 minutes morethan the employee snormal work shift provided the
employeeis working an eight 8 hour or morework shift or any work timeinexcess
oftheforty 40hour work week unless additional hours areworked as a result of a
shift change OvertimeCompensatory timefor a regular parttimeemployeewho
works over his her normal work schedulewill accrue compensatory time at the
employee snormal rateof hourly salary for hours under forty 40per week and
oneandahalf15times for hours over forty40per week All such timemust be
approved in advance with the employee ssupervisor or Department Director
Overtimeis paid on completed fifteen 15minuteincrements abovethehalf 12
hour minimum Timespent on paid sick leavedisability leavevacation leave
military leave compensatory time off or other authorized paid leave shall be
deemed timeworked for thepurposes ofthisArticle
506 02 Employees called back towork outsidetheir regular work shift shall becompensated
for a minimumof two 2hours at timeand onehalf 12of their regular pay rate
For purposes ofthis provision thejob shall commenceoncean employeearrives on
siteand shall beconsidered completed when either management or policedispatch is
notified City reserves theright to assign additional work within thetwo 2hour
period and subsequent call outs within theoriginal two 2hour call out do not
receivean additional two2hour call out minimumConsecutivework timewhich
is past a two2hour call out shall beat timeand onehalf12pay Additional call
outs during thecourseof theday oncea two 2hour call out is completed and
outsideof a completed two 2hour call out period shall restart thetwo 2hour
call out time
506 03 Unionpersonnel will havetheoption ofreceiving either paid overtimeor
compensatorytimeoff Thecompensatorytimeaccrual limit shallbeonehundred
sixty160hoursmaximumUnionpersonnel mayelect tomakecontributions to one
ofCity sdeferredcompensationplans ina givenpayperiod in lieuofreceivingpaid
overtimeor accruing compensatorytime In additionUnionpersonnel havethe
optionofconvertingaccrued compensatorytimeand orvacation timetooneof
City sdeferred compensation plans Thesecontributions canbeonetimelump sum
contributions or Unionpersonnel can temporarilyincreasetheamount oftheir
established deferral For exampleifan employeeworks overtimeinagivenpay
period heshemaytemporarilyincreasetheamount oftheir deferred compensation
contribution for that payperiod Unionpersonnel must submit a completed deferred
compensation enrollment changeformtoPayroll and theHumanResources Office
prior totheend ofthepayperiod for which theywish tohavethechangebe
effective
AFSCDIELocal 101Morgan Hill MOU July 12013 June302015 Page 8
506 04 During emergency situations EOCactivation such as floods earthquakes severe
storms etcCity reserves theright to requirethat all overtimebecompensated in
paynot compensatory time
506 05 Employees workingmorethan twelve12hours in a day shall receivedoubletime
for hours worked beginningwith thethirteenth 13hour ofwork
506 06 Employees who arecontacted and consultedbytelephoneabout a work related
problemoutsidetheir regular work shift andwhoprovideadviceor direction shall
becompensated at an overtimeratefor theactual timespent onthetelephone
rounded uptothenearest thirty30minutes Thetimewillberecorded on
timesheets as overtime
507 BaseWork Schedules
507 01
Thework dayfor paypurposes shall bea twentyfour 24 hour period commencing
with thebeginningoftheemployee sregularlyscheduled shift
507 02 Thenormal work scheduleshall beforty40hours consisting offive5consecutive
days ofeight 8 hours each exclusiveof a lunch period Mondaythrough Friday or
any scheduleidentified inAdministrativePolicyVI001 Section4
Should thenormal work scheduleneed tobemodified interms ofdays or shift hours
by theDepartment Director to facilitatetheneeds of City such modification in
normal work schedules will bediscussed with Union representatives as to methods
for changing or rotating assignments prior to any change Theaffected employee
should benotified at least five5full working days prior to any change Such
modification cannot exceed a forty 40hour work week unless additional hours are
worked as a result ofa shift change
Recreation employees may choosetorequest schedulechanges as needed rather than
work overtime
507 03 For thepurposes of calculating overtimecompensatory timeand defining payroll
periods theaforementioned schedules will apply
507 04 Reporting for Duty Employees who areunabletoreport for work at thebeginning
of their established shift shall notify their immediatesupervisor at least thirty 30
minutes prior to the commencement of that shift Employees shall follow
departmental procedures for providingnoticeoftheir absence
Failureto report to work for three3consecutivedays or shifts if applicablefor
which theemployeeis scheduled to work without givingproper noticeto Citywill
be considered a voluntary resignation of employment even if a coworker or
supervisor covers theshift or otherwisearranges for coverageof theshift Such
employeeshall however bereinstated provided theemployeesatisfactorily shows
that his herfailureto report was theresult ofreasonableextenuating circumstances
beyond theemployee scontrol
507 05
Except in thecaseof emergencies employees shall receivea lunch break after four
4hours ofovertimeworked
507 06 Any employeeworking eight 8 or morehorns at the overtimerate during the
sixteen 16 hour period immediately preceding thebeginning of his her regular
work shift shall beentitled to a rest period of eight 8 consecutivehours on the
completionofsuch overtimework with thefollowingprovisions
a
No employee shall be required to work in excess of sixteen 16 hours
without rest unless an emergency is investigated and continued work is
deemed necessary toprevent extremeproperty damageor topreservehuman
life
b
Iftheeight 8 hour rest period overlaps his herregular work shift in whole
or in part heshewill bepaid at thestraighttimeratefor thetimethat falls
withinhis herregular work shift
C
Iftheeight 8 hour rest period overlaps a portion of thefirst half ofhis her
work shift theemployeemaybeexcused fromwork until thebeginning of
thesecond half of said shift If theeight 8 hour rest period overlaps a
portion of thesecond halfofhis herwork shift heshemaybeexcused from
work until thefollowing work shift Heshewill bepaid however for that
portion of therest period that overlaps his hernormal working shift Heshe
will not bepaid for thetimebetween expiration of therest period and his her
reporting for work
d
Hours worked prior to an eight 8 hour rest period shall not beincluded in
determining another rest period
e
If theemployeeis called back to work during his her eight 8 hour rest
period a new rest periodwill commenceat theconclusion ofsuch work
508 Health Benefits
508 01
TheCitywill contributetothemedical and dental health plans as follows
a
Ninety percent 90 of thelowest cost medical health plan plus dental for
employees with familycoverage
b
Ninetysix and onehalf percent 96 5
of thelowest cost medical health
plan plus dental for employees with employeeplus onecoverage
G
For thoseemployees whowaivemedical and ordental coverageor whohave
employeeonlycoverage
APSCMELocal 101Morgan Dill MOU July 12013 June302015 Page 10
i The health allowance contribution will be five hundred seventy five
dollars 575 00per month Employees not using the entirebenefit
amount shall beentitled tousefifty50 percent ofthesurplus amount
for optional benefits or for participating in medical reimbursement or
dependent careexpenseaccounts If employees do not usetheir fifty
percent 50 surplus for optional benefits it willbeadded totheir salary
as taxableincome
ii At thetimewhen the lowest cost medical plan plus dental coverage
exceeds thefivehundred seventy fivedollars 575 00per month health
careallowanceCity shall provideonehundred percent 100
of the
lowest cost medical health planplus dental
iii Employees who waivemedical coverageshall beentitled totwohundred
fiftydollars 250 00per month Employees whowaivedental coverage
shall beentitled tofortydollars 40 00per month
508 02 City agrees to provideat City expenseup to 100 percent 100 of thepremium
cost per employeefor theEmployeeAssistanceProgramas presentlyconstituted
508 03
All members shall havetheoption of continuing their current medical insuranceat
theemployee sown cost after retirement This optioncan continueas longas thereis
no lapsein coverageand so long as theemployeepays themonthly premiumto
PERSor totheFinanceDepartment as per their billingrequirements
508 04 ThePERS Medical insuranceprogramshall remain in effect for thetermof this
agreement orunless theparties agreetoterminatetheagreement with PERS
ARTICLEVI EDUCATIONALINCENTIVEPROGRAM
601
Educational IncentivePay Programfor employees hired beforeJuly 12008
SeeExhibit G
602 TuitionReimbursement
City shall providea tuition reimbursement programofupto fifteen hundred dollars
1500per fiscal year for thecost ofbooks and tuition for classes beneficial tothe
employee scareer development Mandatory fees required to attend classes and
parking fees also may bereimbursed through tuition reimbursement All classes
must beapproved inadvancebytheDepartment Director Reimbursement will take
placeupon a successful completion or passing ofthecourse
AFSCMELocal 101MorganHill MOU July12013 June302015 Page 11
ARTICLEVII TYPESOFLEAVE
701 Sick Leave
701 01
Sick Leavecredit shall beaccumulated on thebasis of eight 8 hours per month
Theemployee saccumulated sick leaveis unlimited
701 02 TheCitywill paytwentyfivepercent 25
ofunused sick leaveat theend ofeach
calendar year This payment will bebased on semi annual calculations madeon
June1 and December 1 of each year Employees whohavea balanceofat least one
hundred sixty 160hours of sick leavemay receivefifty percent 50
of the
unused sick leaveearned that year Thebalanceof sick leavewill beadded to the
employee saccumulated sick leave
Thetwenty fivepercent 25 payout will not becalculated or paid toany employee
absent fromwork on a work related injury which is being covered by worker s
compensation
701 03 Upon retirement onehundred percent 100 of theemployees unused sick leave
balancewill becredited totheemployees retirement eligibility This amount would
then be converted into time in service and added to theemployee sretirement
eligibility Reference Citycontract with PERSSection20862 8
701 04 Union employees shall beallowed to utilizetwo 2Personal LeaveDays totaling
sixteen 16hours per fiscal year chargeabletosick leave
701 05 Employees mayuseup totwentyfour 24 hours ofcompensatorytimewhenill or to
attend a medicaldental appointment All other timemissed in a fiscal year dueto
illness or medical dental appointments requires the use of sick leave
If the
employeedoes not havesick leaveand is not on an approved extended leavethe
employeemust takethat timeoff without pay Vacation or compensatory timewill
not substitute for sick leave when the employeecalls in sick or must attend a
medical dentalappointment thesame day they werescheduled to work with the
exception of twenty four 24 hours of compensatory timeper fiscal year as noted
above Per Section 701 04employees mayusesixteen 16hours ofpersonal time
which is charged to sick leave for unforeseen appointments and unexpected
absences
702 Vacation Accrual
702 01 Vacation Accrual shall beas follows
a
Eighty80hours per year fromthedateofhirethrough thesecond 2nd
year ofemployment
b
Eightyeight 88 hours vacationduringthethird 3rdyear ofemployment
C
Onehundred and four 104 hours vacation duringthefourth 4year of
employment
d
Onehundred and twelve112hours vacationduringthefifth 5year of
employment
e
Onehundred and twenty 120hours vacationduringthesixth 6year of
employment
f
Onehundred and twentyeight 128 hours vacation duringtheseventh 7
year of employment
g Onehundred and thirtysix 136hours vacation during theeighth 8 year
ofemployment
h
Onehundred and fortyfour 144 hours vacationduringtheninth 9year of
employment
i
Onehundred and fiftytwo152hours vacation duringthetenth 10year
of employment
j Onehundred and sixty160hours vacation after thetenth 10year of
service
Maximumaccumulation of vacation shall beno morethan that earned for two 2
years This vacation accumulation maximumshall beenforceableon June30th of
each year Employees mayexceed themaximumprior toJune30th Anyemployee
who has morethan two 2years annual accrual on thebooks on July 1st shall not
accrue additional vacation until vacation usage drops below the two 2years
allowableaccrual
702 02 City guarantees during thetermof theMOUthat no employeewill losevacation
accrued iftheemployeefollows departmental guidelines for requestingtimeoff
702 03 Employees who havevacation or compensatory timeoff at least equal to two 2
weeks shall havetheoption twiceper fiscal year ofreceiving payinlieuoftimeoff
for a total ofeighty80hours oftheaccrued timeper fiscal year
703
ExtendedLeavePolicy
In theevent an employeeis absent fromwork for illness or injury unless notified
otherwiseprior totheend oftheaffected payperiod thetimeoffwill becoded and
deducted from1accumulated sick leave2accumulated comp timeand 3
accumulated vacationtimeinthat order Ifa determination is subsequentlymadeby
Citythat theinjurywasjob related all sick leavecomp timeand vacation timeused
to cover theleavewill becredited back to theemployeein an amount up to the
worker scompensation determination Theamount of compensation fromCitymay
need to beoffset by payments received fromworker scompensation At no time
shall the employeereceivecompensation and worker scompensation payment in
AFSCMELocal 101Morgan Hill MOU Jule12013 June302015 Page 13
excess of their normal pay Employees with insufficient timeoff credited to them
will becoded onpayroll as absent without pay Extended leaveis defined as two2
weeks or moreofconsecutivetimeoffduetoillness or injury
704 Bereavement Leave
Union members shall per occurrencebeallowed timeoffwith payin theevent of a
death in thefamily Up to three3days of such leaveshall beallowed wherethe
death and servicearewithintheStateofCalifornia and uptofive5days wherethe
death or serviceis outsidetheState Usageofthis leaveshall not becharged against
theemployee ssick leaveor vacation Bereavement leavelonger than theapplicable
allotment or for an individual outsideof an employee sfamily may becharged to
theemployee svacation or sick leaveas applicable This leavewill not affect the
twentyfivepercent 25 or fifty percent 50
cashout ofsick leavefor thesame
calendar year An employeewho wishes to takeexcess bereavement leavemust
obtain approval froma supervisor or theappropriatedepartment designee
ARTICLEVIII MISCELLANEOUSBENEFITS
801
a For employees hired on or beforeJanuary 12013and ClassicEmployees as defined
inGovernment Codesection 7522 02 coftheCaliforniaPublicEmployees Pension
ReformAct of2012 PEPRA hired on or after January 12013Cityagrees to
continueits contract with thePublicEmployees Retirement SystemPERS for all
applicableretirement benefits in effect on July12007 as follows
ThePERSmiscellaneous contract willprovidethesinglehighest year and the25@
55 basicretirement formula and
b For employees that areconsidered New Members as defined inGovernment Code
section7522 04 fofPEPRAhired on or after January 12013thefollowingretirement
benefit formulas will apply
ThePERSmiscellaneous contract will providefor thethree3highest years
compensation averageandthe20@ 62retirement formula
c Beginningwith PERSrates effectiveJuly 12014 Cityand Union agreetosplit future
rateincreases at a 50 50ratio For exampleinFY1314 City smiscellaneous
contribution rateis 16 38
On July 12014 City sratewill increaseto 17 30and
thus Unionmembers will contributefiftypercent 50 oftheincrease 17 30
16 3892x 5046This methodologywill beused insubsequent years
should Ca1PERSincreasethemiscellaneous contribution rate
d EffectiveJuly 12013Unionmembers will paythefull employeecontributionrateof
eight percent 8 Prior toJuly 12013Citypaid seven percent 7 oftheemployee
contributionwhileUnionpaid onepercent 1
for the25at 55 retirement benefit
Citywill subsequentlyincreaseall salaryranges inaddition towageincreases addressed
inArticleVbyseven percent 7
onJuly 12013
802
City shall continueto contributetwo percent 2 of an employee sbasesalary to a 457
deferred compensationplan per payperiod
803
For the termof this agreement City will maintain a lifeinsurance programfor each
employee represented by Union in the amount of one hundred thousand dollars
100 000 00effectiveAugust 1 2008 This amount will bepaid to the employee s
beneficiaryuponthedeath oftheemployeeas outlined intheprogramdocuments Citywill
continueto pay 100percent 100 ofthecost involved with this programAny employee
currently purchasing additional life insurance through the flexiblebenefits plan may
continuetodo so
804 For thetermof this agreement City will maintain a long termdisability programon all
employees represented by Union Theamount of monthly coverage for thelong tern
disability will besixty six and two thirds percent 66 23 of theemployee smonthly
earnings or a maximumbenefit paid of four thousand dollars 4000 00per month
reduced byany deductivebenefits Themaximumbenefit period is toagesixty five65or
twelve12months whichever is longer Theelimination period is thesixty 60days of
total disability Employees may be eligiblefor somebenefits for partial disability as
outlined in thePlan documents Citywill continueto pay onehundred percent 100
of
thecosts involved with thisprogram
805
For theterms of this agreement City will maintain a short terra disability programon all
employees represented by Union The amount of weekly coverage for theshort term
disability will be sixty six and two thirds percent 66 23 of theemployee sweekly
earnings or a maximumofninehundred eightythree983 00 00per week with a duration
of eight 8 weeks and theelimination period of eight 8 days Theemployeemust be
totally disabled to qualify for benefits Per Plan requirements maternity benefits are
included intheshort termdisability coverage Citywill continuetopay 100percent 100
ofthecosts involved with this program
806 IRS125 Program
806 01
Cityshall maintainineffect theIRS125 Program
ARTICLEIX MISCELLANEOUSPOLICIESANDPROCEDURES
901
City agrees to provideHepatitis13 shots for thoseemployees represented by Union who
regularlyor occasionally perforn fieldduties
902 Uniforms
902 01
City will provideuniforms for those employees in theParks Streets and Utility
Divisions required to wear uniforms as a condition of employment All divisions
will beprovided soft caps with theCity logo attached With theexception of City
provided soft cap or safety helmet no other caps head gear or hats aretobeworn
Citywill alsoprovideregular uniformcleaning Employees assigned uniforms areto
report towork inuniforms that areneat and clean
902 02 Citywill reimburseemployees whoregularlyor occasionallyperformfield duties up
to two hundred dollars 200 00per year towards thepurchaseof Safety Shoes
Proof of purchase is required oncepurchased shoes must be worn during all
workinghours
903
Light DutyDetermination
903 01
In theevent an employeeis injured and offthejob for ten 10workingdays or more
and maybeabletoreturn towork but not abletoperformall her hisnormal job duty
assignments a temporary light duty assignment may bemadeby City To be
eligiblefor such a modified assignment Citymay requiretheemployeeto provide
the Human Resources Office with a medical statement fromhis her treating
physician that clearly states themedical limitations and abilities of theemployee
Citymayrequirea second or third doctor sdetermination at Cityexpense All light
dutywork requests shall becoordinated through theHuman Resources Office Light
dutymaybegranted providethat
a Atemporarymodified work assignment is availableand maybe
accommodated without adverseconsequencesto Cityor disruption in
services or operations
b Citymaychangeregular days offand work hours whiletheemployeeis
assigned tothetemporarymodified work assignment
c Notemporarymodified work assignment shall extend for morethanninety
90days with theapproval oftheCityManager and
d Notemporarymodifiedwork assignment creates anyemployeeentitlement to
an assignment inalight dutyposition
903 02 An employeereceiving such a light duty determination could be reassigned to
another assignment or other reduced work scheduleup to a forty 40hour work
week upon thedetermination of theDepartment Director Oncetheemployeeis
certified byhis her treating physician or City doctor as no longer in need of light
dutyheshewill bereassigned totheir normal work assignment
904
SubstanceAbusePolicy
904 01
City sSubstanceAbusePolicyshall continueineffect for thetermofthis agreement
905 Class ALicense
All Utility Worker and MaintenanceWorker employees arerequired to maintain a
Class Alicense Pursuant to theDepartment of Transportation regulations such
employees aresubject to theDepartment ofTransportation DrugPolicy Acopyof
thePolicyas agreed tobyCityand Union is attached Exhibit H
906 CitywideSafety Committee
City shall maintain a CitywideSafety Committeewith Union appointing up to two
2members The Committee shall meet at least quarterly and shall review all
accident reports and make recommendations thereon review departmental safety
programs and makerecommendations thereon and assist inplanning and presenting
safetyprograms Responsibilityfor and authority over safety continues tobevested
inCityManagement
907 LayOffProcedure
907 01 TheCity Council may abolish any position in theClassified Servicedueto lack of
fundswork or need
907 02 If City implements a reduction in work force City will administer the layoff
policyconsistent with thefollowingconcepts
1 ORDER Theorder oflayoffshall beas follows
a Temporary asneeded employees
b Probationaryemployees and
c Permanent employees in inverseorder ofsenioritywithinthe
classification series beingreduced
2 SENIORITY Seniority shall be determined by thelength of current
continuous pennanent servicewith Cityregardless of classification inwhich
employed Continuous serviceshall bedefined as that which has not been
interrupted by separation of servicefromCity Seniority shall beretained
but shall not accrueduring anyperiod ofauthorized leavewithout paymore
than thirty 30days except for military leaveThetreatment of personnel
employed bymeans of Stateor Federal grant monies shall bein accordance
with regulations for retention as established bythegrantor In theabsenceof
such regulations thetypeof position Classified or Exempt shall govern
treatment ofsuch personnel Part timeemployees shall onlyreceivetheir total
hours ofcredit and areonlysubject to combinetheir total hours for bumping
another part timeemployeeAt no timeshall a part timeemployeebeeligible
to bump a full timeemployeeregardless of seniority Should a full time
employeewho is subject to layoff beeligibleor certified towork in a part
timeposition thefull timeemployeemay bump intothat position beginning
with theleast senior part timeemployeefirst
3 NOTICEProbationaryand regular employees in theClassified Service
whoarescheduled tobelaid off shall receiveat least a twentyone21day
noticeWhen Citydetermines that it must implement a reduction inwork
forcenoticetotheemployeeshallbeinwritingand thebargainingunit shall
receivethefollowinginformation inadditiontotheopportunitytodiscuss
with arepresentativeofmanagement
a Reason for layoff
b Effectivedateoflayoff
c Conditions governingreemployment and
d Information regarding unemployment insurance
907 03 In lieuoflayoff an employeemay elect transfer or demotion to a vacant position in
the Classified Servicewhich City intends to fill and for which the employeeis
qualified Such actions shall be governed by the terms of Section 10 of the
Personnel Rules and in no event shall result in an employeebeing placed in a
classification carrying a higher maximumrateofpay Iftwo 2or moreemployees
have requested transfer or demotion to the same vacant position and City has
determined they areboth qualified to fill it themoresenior employeeshall receive
preference For purposes of this section total timeintheClassified Serviceshall be
utilized in determiningseniority
907 04 Within ten 10days fromthedatelayoffnotices areissued an employeewhowould
otherwisebelaid offmay elect todisplacean employeein a classification carrying a
lower or thesamemaximumrateofpayprovided that thedisplacing employeemust
have held regular status in such classification and have greater time in the
classification and directlyrelated higher classifications combined than theemployee
being displaced For examplerelated classifications would mean Utility Worker I
UtilityWorker II Senior UtilityWorker etc
907 05 Aprobationary or regular employeedisplaced in accordance with this paragraph
shall in turn beprovided thesamenoticeand bumping privilegeas set forth in
that paragraph
907 06 Regular and probationary personnel laid off in accordancewith this sectionshall
unless they request otherwisebeplaced on a reemployment list for three3years
If an employeeis reemployed fromsuch a list all servicecredits and sick leave
accrued to thedateoflayoff shall berestored In no event however shall Citybe
required torestorecredits for vacation and sick leavepaid out at thetimeoflayoff
907 07 At thetimeof layoff theemployee snameshall beremoved fromall promotional
eligiblelists but at theemployee srequest shall beretained on open competitive
lists subject to theprovisions of Section 10 of theCity sPersonnel Rules If the
employeeis reemployed prior to theexpiration of a promotional list they shall be
reinstated tothelist
907 08 Prior to theeffectivedateof layoff theDepartment Director shall furnish theCity
Manager a final evaluation oftheemployee sperformance
907 09 Management employees arenot eligibleto bump down into a Union represented
positionregardless oftheir previous seniorityor status
908
Work StoppageAnyJob ActionSlowdown
908 01
During thelifeofthis MOUno work stoppagestrikes or picketing shall becaused
or sanctionedbyUnion and no lockouts shall bemadebyCity
908 02 In the event that any employee covered by this Agreement individually or
collectively violates theprovisions of this articleand Union fails to exercisegood
faith in halting thework interruption Union and theemployees involved shall be
deemed in violation of this articleand City shall beentitled to seek all remedies
availabletoit under applicablelaw
908 03
Should Citychangeor increasetheduties requirements or safetyhazards of anyjob
classification srepresented herein City will meet and confer with Union no later
than thirty30days beforeeffectivedateofsuch changeor changes for thepurpose
ofnegotiating appropriatesalary adjustment sfor theso changed classification sat
a level appropriateto compensate for theincreased duties requirements or safety
hazards
ARTICLEXGRIEVANCEPROCEDURE
10 01 Thefollowing grievanceprocedurewill beineffect
10 02Agrievanceis defined as any disputeinvolving theinterpretation application or alleged
violation of
10 02 01Acurrent MemorandumofUnderstandingbetween Cityand Union
10 02 02City sPersonnel Rules where the provision in dispute is within the scope of
representation
10 03 Disciplinaryappeals aresubject totheprovisions ofCity sPersonnel Rules
10 04 Informal and Formal Grievances
10 04 01Step 1 An employeewho has a grievanceshall bring it to theattention of his her
immediatesupervisor withinfive5working days oftheoccurrenceoftheact which
is thebasis for thedispute Iftheemployeeand theimmediatesupervisor areunable
toresolvethegrievancewithin five5working days ofthedateit is raised with the
immediatesupervisor theemployeeshall havetheright to submit a formal grievance
which shall containthefollowinginformation
a
Thenameofthegrievant
b
Thegrievant sdepartment and specificwork site
C
Thenameofthegrievant simmediatesupervisor
d
Astatement of thenatureof thegrievanceincluding thedateand placeof
occurrence
e
Thespecificprovision policyor procedurealleged tohavebeenviolated
f
Theremedies sought bythegrievant and
g Thenameoftheindividual or organization ifanydesignated bythegrievant
to represent him her in theprocessing of thegrievance However in no
event shall an employeeorganization other than theonewhich formally
represents the position occupied by the grievant be designated as the
grievant srepresentative
10 04 02Step 2 An employeedissatisfied with thedecision of theimmediatesupervisor in
Step 1 may submit thegrievanceto his her Department Director within seven 7
workingdays fromthedateoftheimmediatesupervisor sdecision TheDepartment
Director shall respond to thegrievancein writing within seven 7 working days
fromthedateofitsreceipt
10 04 03Step 3Iftheemployeeis dissatisfied with thedecisionoftheDepartment Director in
Step 2heshemaysubmit thegrievancetotheCityManager withinten 10working
days fromreceipt of theDepartment Director sresponse The City Manager or
his herdesignated representativeshall respond to thegrievanceinwritingwithinthe
ten 10workingdays ofits receipt Withinthis period theCityManager or his her
designeeat his herdiscretion mayconduct an informal hearing involvingtheparties
tothedispute
10 04 04 Step 4 Iftheemployeeis dissatisfied with thedecision oftheCityManager heshe
may submit thegrievanceto an EmployeeRelations Panel as provided in Part C
listed below Noticeof such appeal must befiled in writing by theemployeewith
theCityManager within fifteen 15working days ofreceipt oftheCityManager or
his herdesignee sdecision
10 05 EmployeeRelations Panel
10 05 01The Employee Relations Panel shall consist of three 3members selected as
follows
a
ACityManagement official selectedbytheCityManager
ATSCMELocal 101Morgan Hill MOU July 12013 June302015 Page 20
b
A City employee selected by the grievant provided however that the
participation of theemployeeso selected shall not constitutea conflict of
interest nor subject that employeeto any recriminations as a result ofhis her
participation
C
Arepresentativeof theCalifornia StateMediation and Conciliation Service
or an individual chosen by theparties knowledgeablein publicsector labor
relations fromany sourcereasonably likely to producesuch an individual
including but not limited to a labor organization or management
organization Thisperson shall serveas chairperson
i The Chairperson shall serve without compensation unless it can be
demonstrated that the individual was obliged to use accrued leave
benefits or leavewithout pay to serveon thePanel Whereprovided
compensation payshall beshared byCityand thegrievant or Union
ii ThePanel shall beconstituted and hear thegrievancewithin thirty 30
working days fromthefiling oftheappeal with theCity Manager The
Panel sdecision shall berendered within fifteen 15working days from
theconclusion ofthehearing Themajoritydecision of thepanel shall be
final and binding subject only toratificationbytheCityCouncil ifsaid
decision mandates a capital expenditure or significant unbudgeted
expenditures In thoseinstances therulingshall besubmitted to theCity
Council for actionwhich mayincludemodification or reversal
10 05 02Theconduct ofthePanel shearing shallbegoverned bythefollowing ground rules
a
All hearings shall beconvened during regular established City hours to the
extent feasible Thegrievant and City employees serving on thePanel or
whoseparticipation in thehearing is required by thePanel shall not suffer
loss of wages for timedevoted to this purpose No compensation shall be
provided during times that is not theemployee sregularly scheduled work
period
b
All hearings shall be conducted in an expeditious manner with the
Chairperson retainingfinal authoritytoruleon procedural matters or on other
points affecting thelength and conduct of thehearing Legal counsel court
reporters and briefs shall only beutilized upon agreement between Cityand
thegrievant and shall not serveto delay thePanel sdecision beyond the
prescribed timelimit except bymutual agreement
C
ThePanel shall becommitted to resolving the grievancein an objective
timely and equitablefashion and shall not permit either party to engagein
any presentation or lineof an argument which detracts fromthis purpose
Moreover thePanel shall not accept evidencenot presented inStep 3 ofthis
procedure
d
Nohearing shall beconvenedunless both parties havestipulated in writingto
theissueor issues tobeheard bythepanel
10 06 General Conditions
Any timelimit set forth in this proceduremay beextended by written agreement between
Cityand thegrievant or therecognized employeeorganization representingthegrievant
a
Failureon the part of the grievant or their designated representative to
complywith thetimelimits ofthis procedureor any extension thereto shall
constitute a withdrawal of thegrievancewithout further recourse for re
submittal under this procedure Failureon thepart of City to comply with
prescribed timelimits or extension thereto shall result inthegrievancebeing
moved tothenext step oftheprocedure
b
Thegrievant shall beentitled tohavea representativeof his own choosing
except as provided in Step 1BGpresent at any grievancemeeting with
City
C
Arepresentativeofa recognized employeeorganization which represents the
grievant sposition shall beentitled to bepresent at any hearing held in
conjunction with Step 3 and Step4 ofthis procedure
d
The City Manager or his her designated representative shall serveas the
central repositoryfor all grievancerecords
ARTICLEXI MISCELLANEOUS
11 01 City and Union consent to forma committeewhosetask shall beto createa programthat
provides for certain positions within City sclassifications to be designated as flexibly
staffed Flexibly staffed positions will afford City theopportunityto increasethecapacity
of thework forceto deliver quality services to citizens and provides City employees with
advancement opportunities within their job classification Oncetheprogramis established
Human Resources shall beresponsiblefor its oversight
ARTICLEXII RATIFICATION
12 01 This MemorandumofUnderstandingshall becomeeffectiveJuly 12013
12 02 No earlier than March 4 2015 and no later than March 11 2015 Union shall providethe
City with its written requests on terms within thescopeof representation for theperiod
beginningJuly 12011 TheCityand theUnion shall begin tomeet and confer on or before
April 12014
FORTHECITY MORGANHILL
FORAFSCMELOCAL101
Stephen Ryme
Date
JoWmy Gonz s V
Ll Date
City
jMranager
President
1
gi
x13
e73
rmnyPorbis
Date
sbaldo squivel
ate
Utilities Business Manager CityNegotiator
VicePresident
MichelleKatsuyoshi
Date Jo
enry
Date
HumanResources Manager retary Treasurer
om
tHan
s Date Jo Tucker Date
Sr
Resources Analyst A CMEBusiness Agent
9 Z G13
Karl Bjarkej
Date
Director ofPublicWorks
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EXHIBITG
AFSCMELOCAL101
EDUCATIONALINCENTIVEPAYPROGRAM
EffectiveJuly21995
I INTRODUCTION
Educational IncentivePay EIPshall bepaid inadditionto regular paywhen education is in
addition to theregular ar requirements oftheir job as stated in City sadoptedjob descriptions
and said education isjob related An employeemaynot receivemorethan a seven and one
halfpercent 75 increaseabovetheemployee sbasemonthlysalary
II PROGRAMGOALS
Thegoals ofthis programare
A
To encourageemployees topursueeducation and programs which enhancetheir job
performanceand understanding
B
Toprepareemployees for possiblepromotions to other positions or futureopenings
within City
C
To reward employees for their own initiative demonstrated though their
participation inthis program
Any evaluation or decision regarding this programor an employee sparticipation in the
programwill bemadebased ontheintent oftheabovestated goals
III DEFINITIONS
A
JobRelated Acourseor trainingprogramthat directly relates to or enhances the
employee sabilitytoperformtheduties oftheir classification
B
DegreeProgram Aseries of collegelevel courses that when completed results in
an Associateof Arts Associateof ScienceBachelor of Arts Bachelor of Science
Master of Arts or Master of Sciencedegree Courses that qualify for a degree
programarethosecourses identified bythecollegeor university that count toward
thespecificdegreeprogramtheemployeehas selected
C
Requalification Theannual process that an employeemust completein order to
continuereceiving EIP for thefollowing fiscal year
D
Minimumjob requirements Theminimumjob qualifications listed on thejob
description for each job classification
IV
RATESOFPAYFOREDUCATIONABOVESTATEDJOBREQUIREMENTS
A
For classifications that have a minimumeducation requirement of high school
diploma or theequivalent GEDthefollowing steps areavailablefor attainment of
uptoseven and onehalfpercent 75
EIP
1 Oneand a quarter percent 125 fifteen 15recognized semester college
units twohundred forty240hours ofjob related trainingor theequivalent
2 Oneand a quarter percent 125 thirty 30recognized semester college
units four hundred eighty 480 hours of job related training or the
equivalent
3 Oneand a quarter percent 125 forty five45 recognized semester
collegeunits sevenhundred twenty720hours ofjob related trainingor the
equivalent
4 Oneand a quarter percent 125
sixty 60recognized semester college
units ninehundred sixty960hours ofjob related training attainment of an
AssociateofArts degreeor AssociateofSciencedegreeor theequivalent
5 Oneand a quarter percent 125 ninety 90recognized semester college
units onethousand four hundred forty1440hours ofjob related training or
theequivalent
6 Oneand a quarter percent 125 onehundred twenty 120recognized
semester collegeunits onethousand ninehundred twenty 1920hours of
job related training attainment of a Bachelor of Arts degreeor Bachelor of
Sciencedegreeor theequivalent
B
For classifications that havea minimumeducation requirement of an Associateof
Arts or Associateof Sciencedegreeor two 2years ofjob related collegecourse
work thefollowing steps areavailablefor attainment of up to seven and a half
percent 75
EIP
1 Oneand a quarter percent 125 fifteen 15recognized semester college
units toward attaimnent of a Bachelor sdegreetwo hundred forty 240
hours ofjob related education or training or theequivalent
2 Oneand a quarter percent 125 thirty 30recognized semester college
units toward attainment of a Bachelor sdegreefour hundred eighty 480
hours ofjob related education or trainingor theequivalent
Attainment of a Bachelor of Arts or
Bachelor of Sciencedegreeninehundred sixty 960hours of jobrelated
education or training or theequivalent
4 Oneand a quarter percent 125 Following attainment of a Bachelor s
degreefifteen 15recognized semester units that qualify toward attainment
ofa Master ofArts or Master ofSciencedegreeor theequivalent
5 One and a quarter percent 125
Attainment of a Master of Arts or
Master ofSciencedegreeor theequivalent
degreeor Master sdegreean additional two hundred forty 240hours of
job related education or training
C
For classifications that havea minimumeducation requirement ofaBachelor ofArts
or Bachelor of Sciencedegreethefollowingsteps areavailablefor attaimnent ofup
to seven and a halfpercent 75
EIP
1 Oneand a quarter percent 125 fifteen 15 recognized semester units
that qualify toward attainment of a Master of Arts or Master of Science
degreeor theequivalent
Attainment of a Master of Arts or
Master ofSciencedegreeor theequivalent
3
Oneand a quarter percent 125
Following attainment of a Bachelor s
degreeor Master sdegreean additional two hundred forty 240hours of
job related educationor trainingor theequivalent
Following attainment of a Bachelor s
degreeor Master sdegreefour hundred eighty 480hours of job related
education or trainingor theequivalent
Following attainment of a Master s
degree seven hundred twenty 720 hours of job related education or
training or theequivalent
degree or Master sdegreeninehundred sixty 960 hours of job related
education or training or theequivalent
D
Equivalents aredefined intherequalification sectionofthis policy
E
Different certificates will qualify towards EIP based on thecertificate sdegreeof
difficultyhours required for completion and therecommendation oftheDepartment
Director Attachment Alists specificcertificates and licenses and therespectiveEIP
points that qualifyfor EIP
V REVIEW PROCESSFORCERTIFICATIONS
Thefollowing review process will beused for assessing how a certification other than a
collegecoursewill count towards EIP
A
Wherepossibletheformula found in theEquivalents other than collegeunits
section of this articlewill beused to evaluatethedegreeto which thecertificate
counts towards EIP
B
If it is possibleto obtain theHuman Resources Manager will contact theagency
awarding thecertificateand request a statement describing thenumber ofpreparation
and orcoursehours needed to obtain thecertificate This statement will then be
converted toformulahours
C
In theevent a determination cannot bemadeusingparagraphs Aand Blisted above
theemployeewill makea recommendation totheir Department Director and to the
UnionPresident or in theabsenceof theUnion President theVicePresident This
recommendation bytheemployeeshall bein writing and shall includethedegreeto
AFSCMELocal 101MorganDill MOU July 12013 June302015 Page 30
which the employee feels the certificate should count towards EIP and the
justificationfor such
D
If thesetwo 2individuals agreewith theemployee srecommendation or if they
both agreewith a modified recommendation they will present such to theHuman
Resources Manager for final determination
E
TheHuman Resources Manager ifhesheconcurs with therecommendation will
seethat such certification is counted towards theemployee sEIP
F
IftheDepartment Director and Union President cannot agreeon a recommendation
theHuman Resources Manager will with both parties present conduct an informal
hearing and allow both individuals to state their recommendation along with
appropriatejustification TheHuman Resources Manager may decideto chooseone
of therecommendations presented or a modification of such Thedecision of the
Human Resources Manager will befinal
G
Ifboth theDepartment Director and theUnionPresident agreeon a recommendation
which the Human Resources Manager cannot endorse the Human Resources
Manager will explain his herjustifications and attempt to get theparties tomodify
their recommendation Ifagreement cannot bereached theissuewill bepresented to
theCityManager for determination
H
Iftheemployeeis not satisfied with thedecision oftheCityManager theemployee
may filea grievancepursuant tothegrievanceprocedurecontained intheAFSCME
MOU Thegrievancewill beadvanced to thefinal step inthegrievanceprocess as
theCityManager review has alreadytaken place
VI
PROGRAMQUALIFICATIONSANDGUIDELINES
Thefollowing qualifications and guidelines exist tohelp administer this program
A
An employeemust havecompleted his herinitial probation beforebeing eligiblefor
this program Employees on probationary status as a result ofpromotions shall be
deemed eligibleunder this program
B
Theemployeemust demonstratethat thecourseor degreebeing sought and being
considered for the EIP programwill be directly related towards enhancing the
employee spresent job skills or futurepromotional opportunities within City The
Human Resources Manager will makethis determination after discussions with the
employeeand theDepartment Director Theburden ofproof as tojob relatedness of
specificeducational levels shall beupon employee In addition courses required as
part ofa degreeprogramwill alsobeconsidered
C
Employees should contact their Department Director prior to enrollment in a course
or class to receiveconfirmation that such a class would qualify for this program
AFSCMELocal 101Morgan Hill MOU Jaly 12013 June302015 Page 31
The Department Director will contact the Human Resources Office to receive
confirmationthat a specificcourseor certificationqualifies for EIP
D
Upon Department Director approval City will make every effort to reasonably
accommodateemployeecourse schedules provided employeeworkload overtime
budgets etcarenot adverselyimpacted
E
All attendanceand participation inthis programwill beon theemployee sown time
and at their own expense
F
Thetuition reimbursement programis a separatebenefit contained in theMOUand
employees mayhavetheoption ofusing thetuition reimbursement programtowards
theattainment of their education or professional development goals Useof the
tuition reimbursement programby theemployeewill not violateany provisions of
this article
G
To qualify for this programthe employee must completethe course swith a
passing gradeof Cor better If grades are not assigned theemployee must
provide other written certification which demonstrates that the employee has
successfullypassed thecourseor obtained certification
H
Payment ofEIP will beeffectiveon thefirst dayofthepayroll period following the
dateofthecollegedegreecoursecertification etcprovided theemployeehas made
a timelyrequest totheHumanResources Manager for such pay In no circumstances
will payroll periods be split to match theexact dateappearing on thedegreeor
certificate
1
EIP is based upon education which is in addition to theregular requirements of the
job as stated on City sadopted job description Employees should refer to each
specific job description for the minimum educational requirements
These
educational requirements areused as thestartingpoint for EIP calculations
VII DOCUMENTA TIONOFEDUCATIONALACHIEVEMENT
A
Citywill providean EIP Programformtobekept intheemployee spersonnel fileto
track theemployee sparticipation inthisprogram
B
Evidenceofsuccessful completion ofa degreecourseor certificateshall consist ofa
diploma or certificateindicating themajor field ofstudyalongwith a copyofcollege
transcripts
C
The employee is responsible to furnish in a timely fashion all necessary
documentationtotheHumanResources Office
VIII TERMINATIONOFEDUCATIONALINCENTIVEPAY
ATSCMELocal 101Morgan Hill MOU Judy 12013 June302015 Page 32
A
EIP shall beterminated at such timeas theemployeereceiving EIP is promoted toor
otherwiseplaced in a position requiring theeducational level which theemployee
alreadypossesses or a higher educational level
B
In cases wherea promotion would causean employeeto losetheir EIP dueto a
reclassification theemployeewill receivea new basesalary equal toor greater than
an amount fivepercent 5 abovetheir old basesalary and EIP combined
C
EIP will alsobeterminatedwhenan employeefails torequalify as per theguidelines
outlined inthis policy
D
Oncean employeefails torequalify theywill losetheir EIP until such timeas they
have completed the outlined requalification requirements At such time the
employeewill then beabletoreturn totheEIP level theyenjoyed beforethey failed
torequalify
IX
REQUALIFICATIONPROCESS
Requalifrcation for continued receipt of EIP shall betraining sessions provided bytheCity
during each year ofthecontract as identifiedbytheHumanResources Manager
X EMPLOYEESPREVIOUSLYONLONGEVITY
A
Effective October 1 1989 the City sLongevity Pay Programwill bereplaced
entirely with a special EIP for only those employees still on theLongevity Pay
Programas ofthat dateTheterms ofthis special programwillbeas follows
i
All eligibleemployees shall beconverted to thespecial EIP programat the
samepay as they enjoyed under theLongevity Pay ProgramNo employeewill be
allowed tobegin receiving longevitypaywhois not alreadyreceiving such payprior
to October 1 1989 This special EIP Programassumes that theseemployees will
continuetorequalifyunder theCity sexisting EIP programguidelines for continued
receipt ofEIP
ii
An employeepreviously on thelongevity pay programmay usethis special
EIP programor theymay convert at anytimethey choosetotheregular EIP program
outlined in this articleThis is a oneway conversion Oncean employeeelects the
regular EIP Programheshemaynot return tothis special EIP Program
iii
Employees covered under theprevious longevity programmay advanceon
their anniversary dateto thevarious pay levels of fivepercent 5 after ten 10
years serviceseven and onehalf percent 75 after fifteen 15years of service
and ten percent 10 after twenty20years ofserviceAdvancement is based upon
theassumption that these employees will continue to requalify under the City s
existingEIP programguidelines for continued receipt ofEIPpay
E
Oncean employeefails torequalify they will losetheir EIP until such timeas they
have completed the outlined requalification requirements At such time the
employeewill then beabletoreturn to theEIP level they enjoyed beforethey failed
torequalify
F
Employees previouslyon theCitylongevityprogramwhodonot wish tocontinueto
requalifyannuallymaymakea onetimedecisiontofreezetheir percentagebenefit at
its current rate
Attachment AofAFSCME
Educational IncentivePayProgram
List of QualifyingCertificates and Point Values
EIPPoint E uivalenc
ISSUING CERTIFICATENAME GRADE EIPPOINT
ORGANIZ ATION NO VALUE
StateofCalifornia
Water Treatment Operator
I V
6 points ea
AWWA
Water Distribution Operator
I IV
6 points ca
AWWA Backflow PreventionTester na 40hours 25
points
AWWA
Cross Connection Specialist
na 40hours 25
points
CWEA
Collection SystemMaintenance
I IV
6 points ea
CWBA MechanicalElectrical Instrumentation I IV
6 points ea
Technologist
CSUSHomestudy Operation and Maintenanceof
na
6 points
Program Wastewater Collection Systems Vol 1
CSUSHomestudy Operation and Maintenanceof
na
6 points
Program Wastewater Collection Systems Vol 2
CSUSHomestudy Water Treatment Plant Operation Vol 1 na 6 points
Program 90hours
CSUSHomestudy Water Treatment Plant Operation Vol 2
am
na
6 points
Program
90hours
CSUSHomestudy Small Water SystemOperationand
na
6 points
Program Maintenance90hours
CSUSHomestudy Water DistributionSystemOperation
na
6 points
Program andMaintenance90hours
Stateof California
Qualified Applicators License
B
6 points
CSUSHomestudy
Managefor Success EffectiveUtility
na
3 points
Program
LeadershipPractices 45 hours
CSUSHomestudy
UtilityManagement
na
15points
Program
AFSCMELocal 101MorganHill MOU Judy 12013 June302015 Page 35
ISSUING CERTIFICATENAME GRADE EIPPOINT
CSUSHomestudy
Collection Systems Methods for
na
2points
Program
Evaluation and ImprovingPerformance
CSUSHomestudy
Small Wastewater SystemOperation
na
6 points
Program
and MaintenanceVolumeI 90hours
CSUSHomestudy OperationofWastewater System
na
6 points
Program Treatment Plants VolumeI 90hours
CSUSHomestudy Operation ofWastewater System
na
6points
Program Treatment Plants VolumeII 90hours
CSUSHomestudy Operations ofWastewater Treatment
na
6 points
Program Plants Volume190hours
CSUSHomestudy Operations ofWastewater Treatment
na
6 points
Program Plants VolumeII 90hours
StateofCalifornia
Water Distribution Operator
I V
6 points ea
AWWA
Water Treatment Operator
I IV
6 points ea
AWWA Water ConservationPractitioner na
25points
Stateof California
Journeyman Electrician Certification
na
6 points
International Society Certified Arborist
na
6 points
ofArboriculture
StateofCalifornia Class ADrivers License na
6 points
StateofCalifornia
Real EstateSalesperson License
na
10points
StateofCalifornia Real EstateBroker License na
25 points
Stateof California
NotaryPublic
na
35points
StateofCalifornia General Contractors License na
up to45
points
IIMC
CertifiedMunicipal Clerk
na
upto38 75
EIP points
ICC Plans Examiner na
4 points
ICC
BuildingInspector
na
4 points
AFSCMELocal 101MorganHill MOU Joly12013 June302015 Page 36
ISSUING
CERTIFICATENAME GRADE EIPPOINT
ORGANIZ ATION
NO VALUE
ICC
Electrical Inspector
na
4 points
ICC
Building CodeAccessibility Usability
na
4 points
Specialist
ICC
HousingInspector
na
4 points
ICC
Z oningInspector
na
4 points
ICC
Mechanical Inspector
na
4 points
ICC
PlumbingInspector
na
4 points
IICC
Light Commercial Combination
na
4 points
Inspector
ICC
Elevator Inspector
na
4 points
ICC
Special Inspector
na
4 points
CABO
Oneand TwoFamilyDwelling
na
4 points
Inspector
StateofCalifornia
Engineer inTraining
na
75points
StateofCalifornia
Professional Engineer
na
12points
StateofCalifornia
Land Surveyor inTraining
na
75points
StateofCalifornia
Land Surveyor
na
10 5points
International Assn
Computer Concepts
na 3
ofAdministrative
Professionals
International Assn
Information Systems
na 3
ofAdministrative
Professionals
International Assn
Records Management
na 3
ofAdministrative
Professionals
International Assn
Business Communications na 3
ofAdministrative
Professionals
International Assn
HumanResources Management
na 3
ofAdministrative
Professionals
AFSCMELocal 101MorganI3ill MOU July12013 Jane302015
Page 37
ISSUING CERTIFICATENAME GRADE EIP POINT
International Assn
Accounting
na 1
ofAdministrative
Professionals
International Assn
Management or Supervision
na 4
ofAdministrative
Professionals
International Assn
Organizational Behavior
na 3
ofAdministrative
Professionals
International Assn Communications na 3
ofAdministrative
Professionals
International Assn
Leadership
na 3
ofAdministrative
Professionals
RATIONALEFORASSIGNINGPOINTVALUES
In general certification licenserequirements wereequated to collegeunits by using our standard
formula of three3collegesemester units forty eight 48 hours of class time three3EIP
points Noneoftheorganizations listed aboveoffered standard Continuing Professional Education
CPEcredits for thecertifications licenseshowever employees may takepreparatory courses at
institutions which do offer CPEcredits Ifsuch credits areoffered theycount toward EIP with one
1CPEcredit beingequal toone1collegesemester unit
EIP credit may also begiven for homestudy which is not related to a preparatory class provided
that theemployeekeeps a detailed written log showing thehours of study and thespecifictopics
studied
For certifications which accept collegecourses or degrees in lieu of experienceemployees will
receivecredit for thecoursesdegreeunder Section IV oftheEIP Program
AFSCMELocal 101Mogan Hill MOU July12013 June302015 Page 38
Real EstateLicense
The State of California offers two 2real estate licenses which might be obtained by City
employees tobenefit their job a Real EstateSalesperson Licenseand aReal EstateBroker License
Therequirements for each licenseareoutlined below
Real EstateSalesperson License
EIP Real EstateBroker License EIP
Points Points
Must be18 years old
0
Must be18 years old
0
Must complete1 3semester unit 9 college
Must take8 3unit classes and
24 college
courseon Real EstatePrinciples
units 9
havetwo years offulltime
units 24
and 2 additional 3unit courses
EIP points licensed real estatesales EIP points
within 18 months ofreceivingthe person experienceor a 4year
license9 semester unitstotal degree
required
Pass Real EstateSalesperson exam 1
Pass Real EstateBroker exam 1
TOTALPOINTS 10 TOTALPOINTS 25
NotaryPublic
Therequirements for becoming a NotaryPublicintheStateofCalifornia areoutlinedbelow
NotaryLicense
EIPPoints
Must be18 years oldlegal resident
0
Certifiedhomestudyupto32hours up to2
Optional 8 hour preparatory class for theexam
5
Pass Notaryexam
1
TOTALPOSSIBLEPOINTS
uptop35
General Contractors License
Therequirements for obtaininga General Contractors LicenseintheStateof California areoutlined
below
General Contractors License EIP Points
Must have4 years ofexperienceat thejourneylevel or a BS
0
degreeand 1 year ofexperience
Certified homestudyupto32hours upto2
Optional 24hourpreparatory class for theexam 24 hours 15EIP points
AFSCMELocal 101MogauHill MOU July 12013 June302015 Page 39
General ContractorsLicense EIPPoints
Pass General Contractors exam I
TOTALPOSSIBLEPOINTS
up to45
CertifiedMunicipal Clerk
Theprocess for becoming a Certified Municipal Clerk varies considerably depending on thework
experience and educational level of the applicant This table summarizes the primary ways
individuals becomea Certified Municipal Clerk and assigns EIP points for individuals working on
this certification AcopyoftheIIMCapplication for certification is availablefor review
CertifiedMunicipal Cleric
EIPPoints
Must bea Cityor Deputy CityClerk a 3year member ofIIMC 0
accept theIIMCCodeofEthicssubmit an applicationformand
havea letter froma Clerk sponsor
EducationalRequirements Must attend a 100hour Clerks 100hours 625EIP
Institutehavea BAdegreeinPublicAdministration or a related
points
field or havean AAinPublicAdministration and 67 ofClerks
Institutetraining
ExperienceRequirements Must obtain 50IIMCpoints based on a Depends on method of
combinationofwork experienceMunicipal Clerks Conferences
meeting therequirement
and relevant collegeuniversitycoursecredits not included in
educational qualifications
Upto40IIMCpoints for work experience4 points per year for a
0EIP points for work
fulltimeMunicipal or DeputyClerk with administrative
experience
responsibility
upto75EIP points for
Upto20IIMCpoints for attending IIMCConferencesIIIMC 120hours at conferences
point per 6hour daytotal 120hours
25 collegecredits 25
Upto25 IIMCpoints for collegecoursecredits I pt1course
EIP points
hour
TOTALPOSSIBLEPOINTS
upto38 75
ATSCMELocal 101Morgan Hill MOU July12013 June302015 Page 40
ICBOand CABOCertifications
TheInternational CodeCouncil ICCand theCaliforniaAssociation of Building Officials CABO
offer a number of different certifications Plans Examiner Building Inspector Plumbing Inspector
etcuseful for theprofessional development in certain fields Thecertification process for each of
thecertificates list aboveis thesameand is summarizedbelow
ICCCABOCertificates KIPPoints
Certifiedhomestudyup to32hours upto2
Optional 8 hour exampreparation class 8 hours 5EIP points
Pass ICCCABOexam 15
TOTALPOSSIBLEPOINTS
upto4
EngineerinTraining
The requirements to obtain an EngineerinTraining certificate are outlined in the California
Business and Professions Codeand aresummarized below
EngineerinTrainingCertificate
EIPPoints
Threeyears ofengineeringexperienceor 3 years ofcollege 0EIPpoints for
education 90units inan engineering curriculum experience
Certifiedhomestudyupto48 hours upto3
Optional 42hour exampreparation class 42hours 3 EIP points
Pass EITexam 3
TOTALPOSSIBLEPOINTS
upto9 RIP points
Professional Engineer
The requirements to obtain a Professional Engineer certificate are outlined in the California
Professional Engineer Certificate
EIPPoints
Six years ofengineering experienceor 4year collegedegreein 0EIPpoints for
an engineering curriculumplus twoyears ofexperience experience
Certified homestudyupto96 hours upto6
Optional 42hour exampreparation class 42hours 3 EIP points
Pass PEexam 6
TOTALPOSSIBLEPOINTS
up to 15 EIP points
Land SurveyorinTraining
Therequirements to obtain a Land SurveyorinTraining certificateareoutlined in theCalifornia
Land SurveyorinTrainingCertificate
EIPPoints
Twoyears ofland surveying experienceor 2yearspostsecondary 0 EIP points for
education inland surveying60units experience
Certified homestudyupto48 hours upto3
Optional 42hour exampreparationclass 42hours 3 EIP points
Pass LSITexam 3
TOTALPOSSIBLEPOINTS
upto9 EIPpoints
LandSurveyor
Therequirements toobtain a Land Surveyor certificateareoutlined in theCalifornia Business and
Professions Codeand aresummarized below
Land Surveyor Certificate
EIPPoints
Six years ofengineering experienceor 4year collegedegreein 0Ellpoints for
120unitsinan engineering curriculumplus twoyears of experience
experience
Certified homestudyup to 96 hours upto6
Optional 42hour exampreparationclass 42hours 3 EIP points
Pass Land Surveyor exam
3
TOTALPOSSIBLEPOINTS
upto 12EIP points
Exhibit H
CITYOFMORGANHILL
AFSCME
LOCAL101
DRUGANDALCOHOLTESTINGPROGRAM
PURSUANTTOTHEDEPARTMENTOF
TRANSPORTATIONREGULATIONS
EFFECTIVEDATENovember 31997
REVISEDJuly 12003
EffectiveJanuary 11996 theCityofMorganHill must complywith theUnited States Department
of Transportation regulation implementing theFederal Omnibus Transportation EmployeeTesting
Act OTETAof 1991 OTETArequires theCityto establish alcohol and drugtestingprograms to
helpprevent themisuseof alcohol and drugs bydrivers of commercial motor vehicles Keepingin
mind thebasicobjectives stated intheCityofMorgan Hill Policyon SubstanceAbusewhich went
into effect September 26 1989 theCity has established thefollowing alcohol and drug testing
procedures andprogramin compliancewith theOTETAhereafter referred toas theprogram t
Employees covered bythis programaresubject topreemployment causeand randomtesting and
may besubject to postaccident returntoduty and unannounced followup testing Thetesting
procedures usean evidential breath test EBTdevicefor alcohol testing For drug testing urine
specimen collection and testing by a laboratory certified bytheDepartment ofHealth and Human
Services is required If theMedical Review Officer MROdetermines that an employeehas
misused alcohol or drugs in violation of this programtheCity will removetheemployeefrom
safety sensitive functions Theemployeewill not performsafety sensitive functions until the
employeemeets therequirements established in this programwhich may includereferral to a
Substance Abuse Professional SAP participation in a rehabilitation programreturnto duty
testing andor followuptesting
DEFINITIONS
Following arethedefinitions for theDrug and Alcohol Testing Program This is a list of major
definition areas and is not intended tobeall inclusiveofdefinition or terns
WORD PHRASE DEFINITION
Adulterated
Aspecimenthat contains a substancethat is not expected tobepresent in
Specimen
humanurineor contains a substanceexpected tobepresent but is at a
concentration sohigh that it is not consistent with human urine
Alcohol
Theintoxicating agent inbeveragealcohol ethyl alcohol or other low
molecular weight alcohol includingmethyl and isopropyl alcohol
Alcohol
Thealcohol ina volumeofbreath expressed interns ofgrams ofalcohol
Concentration or per 210liters ofbreath as indicated byan evidential breath test under this
Content part
Collection
Statelicensed serviceprovider that followsprocedures for thecollection
Agency
ofurinesamples ina split specimenprocess for deliverytoatoxicological
laboratoryfor testing
CollectionSite
Aplacewhereindividualspresent themselves for thepurposeof
providingbreath or urinesamples tobeanalyzed for specified alcohol or
drugs
This programmeets thefederal regulatoryrequirement that theCitypromulgatepolicies and procedures on
themisuseofalcohol anduseofcontrolled substances
Commercial Amotor vehicleor combination ofmotor vehicles used incommerceor
Motor Vehicle
transport passengers or propertyifthemotor vehicle
CMV
1
Has a gross vehicleweight ratingof26 001or more
pounds or
2
Has a gross combination weight ratingof26 001or more
poundsinclusiveofatowed unit with a gross vehicle
weight rating ofmorethan 10 000pounds or
3
Is designed totransport 16 or morepassengers including
thedriver or
4
Is of any sizeand is used inthetransportationofmaterials
found tobehazardous for thepurposes oftheHazardous
MaterialsTransportationAct and which requirethemotor
vehicletobeplacardedunder theHazardous Materials
Regulations 49 CFRpart 172subpart F
Controlled
Drugs as deemedunder this policyincludemarijuana cocaineopiates
Substance
amphetamines phencyclidinePCP
DOT
Federal Department ofTransportation
Driver
Anyperson whooperates a commercial motor vehicle This includes but
is not limited to full timeregularlyemployed drivers casual
intermittent or occasional drivers and leased drivers and independent
owner operator contractors whoareeither directlyemployed byor under
leasetotheCityor whooperatea commercial motor vehicleat the
direction ofor with theconsent oftheCity For thepurposes ofpre
employment predutytestingonlythetermdriver includes a person
applyingtotheCityto drivea commercial motor vehicle
Drug Anysubstanceother than alcohol that is a controlled substanceas
defined aboveand 49 CFRPart 40
FHWA
TheFederal HighwayAdministration USDepartment ofTransportation
Owner
Adriver swhohas beencontracted for serviceswith theDistrict For
Operator s thepurposes oftheseprocedures and theCity sAlcohol and Controlled
Substances AbusePolicyowner operators arenot tobeconsidered
employees but willberequired toparticipateintheCity sAlcohol and
Controlled Substances AbusePolicylikeall employeedrivers
APSCAMLocal 101MorganHill MOU July 12013 June302015 Page 45
Medical Review
Alicensedphysician accreditedbytheMedical Review Officers
Officer MRO AssociationNational with knowledgeand expertiseoftheclinical and
medical diagnosis and treatment of alcohol and drugrelateddisorders
On DutyTime All timefromthetimea driver begins to work or isrequired tobein
readiness towork until thetimethedriver is relieved fromwork and all
responsibilityfor performingwork Ondutytimeshall include
1
Alltimeat a Cityfacilityor other Cityproperty or on any
publicproperty waitingtobedispatched unless thedriver
has been relieved fiomdutybytheCity
2
Alltimeinspecting servicing or conditioningany
commercial motor vehicleat any time
3
All drivingtime
4
All timeother than drivingtimein or uponany
commercial motor vehicle
5
All timeloading or unloadinga vehiclesupervising or
assisting intheloadingor unloading attendinga vehicle
being loaded or unloaded remaininginreadiness to
operatethevehicleor ingivingor receiving receipts for
shipments loaded or unloaded
6
All timespent performing thedriver requirements relating
toaccidents
7
All timerepairing obtainingassistanceor remainingin
attendanceupon a disabled vehicle
Performing a Adriver is considered tobeperforming a safety sensitivefunction during
safetysensitive anyperiod inwhich thedriver is actuallyperforming ready toperformor
function immediatelyavailabletoperformanysafety sensitivefunctions
PositiveTest
Atest is onlypositiveand reported totheCitywhentheinitial screening
test is positivetheconfirmingtest ispositiveand theMedical Review
Officer has discussed with theemployeetheresults ofthetwotests and
ascertained that thetests areaccurate
Provider
Certifiedprofessional agencycontracted toprovideservices prescribed by
this program
WORDPHRASE DEFINITION
Reasonable
TheCitybelieves theactions or appearanceor conduct ofa commercial
Suspicion motor vehicledriver whois on dutyas defined below areindicativeof
theuseofalcohol or drugs
Refusal toSubmit Acovered employeewho 1fails toarriveat thecollection sitewithina
toanalcohol or
reasonabletimeas determined bytheemployer 2refuses totakean
drugtest alcohol or drugtest 3fails toprovideadequatebreath for testing
without a validmedical explanation after heshehas received noticeofthe
requirement for breath testinginaccordancewith FHWAregulations 4
fails toprovideadequateurinefor drugtestingwithout avalidmedical
explanation after heor shehas received noticeoftherequirement for
urinetestinginaccordancewith FHWAregulations 5provides a
VerifiedAdulterated or Substitutedtest 6engages in conduct that
clearlyobstructs thetestingprocess 7failstoremain at thecollection
facilityuntil all testing is completed or 8 refuses tosubmit to a direct
observationwhenrequired bythecollector or employer Arefusal
includes not providinga breath sampleor urineas directed refusingto
sign appropriatecontrol forms not being readilyavailablefollowingan
accident usingalcohol withineight hours ofan accident or tampering
with a sample
Safety Sensitive Anyofthoseondutyfunctions set forth in49 CFRsection 395 2and as
Function
defined under Ondutytime
SplitSpecimen Adivision oftheoriginal urinesamplethat is stored bythelab when
provided bythecollection agencyfor a second test tobeused whenthe
primarytest results arechallenged
SubstanceAbuse
Alicensed physicianor a licensed or certified psychologist social
Professional
worker employeeassistanceprofessional or addiction counselor
SAP
certifiedbytheNational Association ofAlcoholismand DrugAbuse
Counselors Certification Commission with knowledgeofand clinical
experienceinthediagnosis and treatment ofalcohol and drugrelated
disorders
Substituted
Aspecimenwith creatineand specificgravityvalues that areso
Specimen diminished that theyarenot consistent with humanurine
Supervisor Anyoneofthefollowingpositions Director ofPublicWorks Utility
Systems Manager MaintenanceSupervisor or intheir absencea
designated trained individual
AFSC111ELocal 101MorganHill MOU Jnly12013 June302015 Page 47
Toxicological Adrugabuseservicelaboratorylicensed toperformalcohol and drug
Laboratory testingunder theauspices ofthefederal govermnent with specific
expertiseand chainofcustodyprocedures split specimen sampling and
drug alcoholrecord keeping methodologies Theagencymust haveall
necessarypersonnel materials equipment facilities and supervision to
providefor thecollection securitytemporary and longtermstorageand
transportationor shipment ofthesamples toa laboratory
I COVEREDEMPLOYEES
A
Covered employees must comply with thealcohol and drug testing requirements of
this programCovered employees arethoseemployees who arerequired to drive
may berequired to driveor havethepotential to driveand who meet any of the
three3following qualifications
1
They are required by the City to possess a Commercial Driver sLicense
Class Aor Btodotheirjobs
a
This includes all regular probationary temporary and work outof
class assignments in job positions which require a Commercial
Driver sLicense
b
This also includes applicants tojobs with theCity which requirethe
possession ofa Commercial Driver sLicense
2
Theyoperatea commercial motor vehicle
Commercial motor vehiclemeans a motor vehicleor combination ofmotor
vehicles used in commerceto transport passengers or property if themotor
vehicle
a
Has a gross combination weight rating of 26 001or morepounds
inclusiveof a towed unit with a gross vehicleweight rating of more
than 10 000pounds or
b
Has a gross vehicleweight ratingof26 001or morepounds or
C
Is designed to transport 16 or morepassengers including thedriver
or
d
Is ofany sizeand is used inthetransportation ofmaterials found tobe
hazardous for thepurposes of theHazardous Materials Transportation
Act and which requirethemotor vehicleto beplacarded and over
1000lbs under theHazardous MaterialsRegulations
3
Theyareperforming safety sensitivefunctions
a
Safety sensitivefunction means anyofthefollowingfunctions
1 All timespent at thedriving controls of a commercial motor
vehicleinoperation
2 All timeother than driving timein or upon any commercial
motor vehicleexcept timespent restingina sleeper berth
3 All time loading or unloading a vehicle supervising or
assistingintheloading or unloading attendinga vehiclebeing
loaded or unloaded remaining in readiness to operate the
vehicleor ingiving or receivingreceipts for shipments loaded
or unloaded
4 All time spent performing the requirements for covered
employees who are involved in an accident as further
described inSection X
5 All time repairing obtaining assistance or remaining in
attendanceupona disabled vehicle
6 All timeinspecting servicing or conditioning any commercial
motor vehicleat anytime
b
Acovered employee performs a safety sensitive function during
any period in which theemployeeis actually performing ready to
performor immediately availableto performany safetysensitive
function
C
Employees whohavetherequired comrercial licenseand who want
tobeimmediately availabletoperformsafety sensitivefunctions in a
temporary standby call back or workoutofclass status will be
subject totheprovisions ofthisprogram
4
Covered employees will also includeany employeewho has a Commercial
Driver sLicensewherethemedical examination andor licensefees arepaid
for bytheCity
249 CFRSection 390 5
AFSCMELocal 101Morgan Hill MOU Judy 12013 June302015 Page 49
IL GENERALPROVISIONSFORALLALCOHOLANDDRUGTESTINGPROGRAMS
A
Noticeto Covered Employees That Alcohol and Drug Testing is Required By
Federal Law
Beforeperforming an alcohol or drug test under this programtheCity shall notify
theemployeethat thealcohol or drugtest is required byfederal law
B
Administration oftheCity sAlcohol and Drug TestingProgram
The City has designated theDrug ProgramCoordinator in theHuman Resources
Office to answer employee questions about the City salcohol and drug testing
programand procedures
C
Record Retention Requirements
In compliancewith therecord retention requirements under theOTETAtheCity
shall maintain confidential records of its alcohol and drug misuse prevention
programin a securelocation with controlled access Records of positiveresults
documentation of refusals to taketest calibration documentation for breath testing
devices and driver evaluation and referrals shall bemaintained for five5years in
accordancewith federal law TheCity or its serviceagent shall generatean annual
calendar year summary oftheresults ofits programwhich will also beretained for
five5years Records relating to thealcohol and drug collection process and
training including collection logbooks documents relating to therandomselection
process breath alcohol technician training documents relating to reasonablecause
tests postaccident tests and randomtests compliance and evaluation shall be
maintained for up to five5years TheCity or its serviceagent shall preparean
annual summary by March 15 for theprevious year containing specificinformation
as to thenumber of covered employees employees who refused to submit to tests
thenumber ofsupervisors receivingtrainingthecovered employees thenumber and
types of tests given theresults thenumber of covered employees who refused to
submit to tests thenumber of supervisors receiving training thecovered employees
whoreturned to dutyafter a positivetest and other similar information
D Access to Records
Covered employees are entitled upon written request to the Human Resources
Officeto obtain copies ofanyrecords pertainingtotheemployee smisuseofalcohol
or drugs including any records pertaining to his or her alcohol or drug tests The
Cityshall promptlyprovidetherecords requested bytheemployee
Copies of or informationintheserecords shall not beotherwisereleased toany other
person except as follows
1
To theDrug ProgramCoordinator and theCity Manager who requireaccess
to theserecords to comply with therequirements of federal law and this
program
2
To federal stateor local officials with regulatory authority over theCity or
anyofits covered employees and whohavelegitimateneed for access
3
To a decision maker in connection with a lawsuit grievance or other
proceeding initiated by or on behalf of theemployee and arising fromthe
results of an alcohol and ordrug test administered under this programor
fromtheCity sdetermination that thecovered employeeengaged in conduct
prohibitedbySection III or
4
To a person identifiedbythecovered employeein accordancewith theterms
oftheemployee swritten consent authorizing such release
E
Confidentialityand Recordkeeping
TheCitydesires to complywith theconfidentiality and recordkeeping requirements
As such theCitystipulates that with theexception oftheDrug ProgramCoordinator
or designeeCollection Facility Testing Laboratory MROand SAP theresults of
individual tests shall not be released to anyone without the expressed written
authorization of the tested individual unless ordered by means of proper legal
procedureand appropriatelegal authority such as a court ordered subpoena or in
connection with a City disciplinary grievanceor arbitration proceeding initiated by
or on behalf of theindividual and arising fioma certified positivealcohol or drug
test
To maintain confidentiality records pertaining to programadministration the
collection process and individual test records will not bea part of theindividual
personnel files Aseparatetest records retention systemwill bemaintained bythe
DrugProgramCoordinator
Therecords will be secured and maintained by theDrug ProgramCoordinator
Access to thetest records is restricted totheDrugProgramCoordinator and theCity
Manager Therelease to City Management of such information fromtheDrug
ProgramCoordinator medical sources ofMROwill requirethesigned releaseofthe
employee Unless noted such records arepermanent and aresubject to examination
bytheDrugProgramCoordinator theCityManager or their designee
However information relatedtoan employee savailability for work will beprovided
to theemployee ssupervisor to insurethat an employeeis removed froma safety
sensitive function when necessary or accommodated in a non safetysensitive
function when appropriate In thecaseof reasonablecausetesting thesupervisor
will receivetheresults ofthealcohol and ordrugtests
Collection and test records of employees producing negativealcohol and drug tests
must be retained for one 1year Collection and test records of employees
producing positivealcohol tests of 002Breath Alcohol Concentration BACor
greater must beretained for three3years and positivedrugtest must beretained for
five5years
Thefollowinglists ofrecords shall beretained and maintained bytheDrug Program
Coordinator
1
Supporting documents for preemployment post accident reasonablecause
or randomtesting decisions
2
Records of22year drug and alcohol testinghistories ofnew hires
3
Records of the collection process to indicate specimen identification
accountability and chainofcustody
4
Anyindividual reports or records provided directlytothetested employeeby
theMRO
5
Records of test results and any information provided by the affected
employeeconcerning split samplesretests or followuptests
6 Return towork test records
7
All reports forwardedtoreporting agencies
8
Records and documents provided by the Drug Program Coordinator
RehabilitationAgencies and anyconsultants
III PROHIBITIONS
A
It is UNLAWFULfor covered employees todothefollowing
1
To performsafety sensitive functions after a positive alcohol test result
indicating a 004BACor a positivedrug test result regardless ofwhen the
alcohol or drugwas ingested andregardless ofwhether or not theemployeeis
under theinfluenceof alcohol or drugs
2
Report for duty or remain on duty requiring theperformance of safety
sensitive functions while having an alcohol concentration of 004 or
greater Noemployer having actual knowledgethat a driver has an alcohol
concentration of 004 or greater shall permit the driver to performor
continuetoperformsafety sensitivefunctions SeeFederal Register Section
382 201
3
Performor continueto performsafety sensitivefunctions with an alcohol
concentration of002to004seeFederal Register Section 382 505
4
To use alcohol or products containing alcohol whileperforming safety
sensitivefunctions
5
To performsafety sensitive functions within four 4 hours after using
alcohol or products containingalcohol
6
To usealcohol or products containing alcohol for eight 8 hours following
an accident for which theemployeeis required totakea post accident alcohol
test
7
To report for duty or remain on duty and performsafety sensitivefunctions
when theemployeeis currently using a drug unless theuseof thedrug is
prescribed bya physician Employees who aretaking prescribed medication
that may impair their ability to performsafety sensitive functions are
required toinformtheir supervisor immediately and prior toperforming any
safety sensitivefunctions
8
To refuseto submit to any of thealcohol or drug test required by OTETA
randompostaccident reasonablecausefollowupreturn to dutytest and
alcohol drugtestingrules as described in this program
A Refusal to submit to an alcohol or drug test means that a covered
employee
a Fails to arrive at the collection site within a reasonable timeas
determinedbytheemployer
b Refuses totakethetest
C
Fails to provideadequatebreath for testing without a valid medical
explanation after heor shehas received noticeof therequirement for
breath testing in accordancewith thisprogram
d
Fails to provide adequate urine for drug testing without a valid
medical explanation after he or she has received notice of the
requirement for urinetestinginaccordancewith this program
e Provides a VerifiedAdulterated or Substituted test
f
Engages inconduct that clearlyobstructs thetesting process
g
Fails toremain at thecollection facility until all testing is completed
or
AFSCMELocal 101MorganHill MOU July 12013 June302015
Page 53
h
Refuses to submit to a direct observation when required by the
collector or theemployer
B
The following drugs arespecified in the law andwill be analyzed during drug
testing
DYug Initial Screen ng AIL Confirmation Level
Marijuana
50 15
Cocaine 300 150
Amphetamines 1000
500
Methamphetamine
Opiates
300 300
PhencyclidinePCP
25 25
IV
CONSEQUENCESTOENGAGINGINANYGENERALPROHIBITION
Anycovered employeewho engages inany action prohibited bythis programunder Section
IIIwill besubject tothefollowing consequences
A
Theemployeeshall berelieved fi omperforming safety sensitivefunctions
B
Theemployeeshall beimmediatelysuspended accordingto Section VI
C
Theemployeeshall beevaluated by a SAP who shall determinewhat assistanceif
any theemployeeneeds inresolvingproblems associated with themisuseof alcohol
or drugs
D
After thecompletion ofthesuspension period theemployeemayreturn to work as
soon as medically certified by the MROSAP The employee must however
providea negativetest result and becertified for return to dutyno later than ninety
90calendar days after notificationofthepositivetest result
Theemployeemust at a minimumprovidesix 6followuptests during thefirst
year following the employee sreturn to safety sensitive duties The SAP will
establish thenumber and frequencyoffollowuptests and that followuptesting may
last up to five5years Failureto becertified by theMROSAP or return to work
shall result intermination
1
The employeemay use accumulated vacation sick leavepersonal leave
comptimeor leavewithout paywhileundergoing treatmentrehabilitation
2
Leaveaccruals maynot beused for disciplinesuch as a suspension
3
Any employeewho is given an alcohol confirmation test according to 49
CFR40 65by theBATand theBAClevel is 002or greater but less than
004
shall berequired totakeleavewithout payor usevacation or personal
leavebut not sick leavetimeuntil thedriver snext regularly scheduled duty
period but not less than twenty four 24 hours following administration of
thetest Any employeewho is given an alcohol confirmation test by the
BATand theBAClevel is 002or greater but less than 004
on the
second timeshall besuspended without pay for five5regularly scheduled
work days Theemployeeshall bereferred to theSAP for evaluation and
assessment offitness for duty
4
Any employeewho has a BAClevel that is 002or greater but less than
004
on thethird timewithin a five5year period will betreated as the
second step inrandomtesting
3For consequences to outsideapplicants pleaseseeSection VIII D4Ican tfind this section ofthis
programregarding preemployment testing
AFSCMELocal 101MorganHill MOU Judy 12013 June302015 Page 55
E
Anycovered employeewhorefuses to submit to an alcohol or drug test required by
thisprogramshall beterminated
F
The City sDrug ProgramCoordinator or designee will assist in advising the
employeeof theresources availableto theemployeein evaluating and resolving
problems associated with the misuse of alcohol or drugs including the names
addresses and telephonenumbers ofSAPSand counseling and treatment programs
V SELF IDENTIFICATIONPROCEDURE
Covered employees areencouragedtoadvisetheCityiftheyareinvolved with themisuseof
alcohol or for theuseofdrugs This procedureis availableonlyto covered employees who
havenot been notified of a randomtest reasonablecausetest or a postaccident test This
procedurecannot beused by covered employees to avoid theconsequences for a positive
test or a refusal totest
PROCEDURE
Ifan employeeself identifies a problemwith misuseofalcohol or drugs theCitywill refer
theemployeeto a SAP Prior toreturning to a safetysensitiveposition theemployeewill
betested
IftheSAP determines that theemployeerequires participation in a rehabilitation program
the employee will bereferred to his her own medical insuranceplan andor theCity s
EmployeeAssistanceProgramEAP TheCityis not required topayfor treatment beyond
thecost contributed for thoseprograms as stated in theAFSCMEMOU
Ifan employeeself identifies a second timeit will betreated as a first incident of a positive
test through randomtesting
VI PERSONNELACTIONS
A
DisciplinaryAction for Misconduct
Any covered employeewho engages in an act prohibited by Section III violates
federal law Employeeviolations of this programmay constitutemisconduct under
theCityofMorganHill sPersonnel Rules and Regulations Section 11Disciplinary
Actions as maybeamended fromtimetotime
B
Nothing in this section shall beinterpreted as interfering with theCity sright to
remove fromthe workplace an employee who poses a direct threat to another
employeeor others
AtSCMELocal 101MorganHill MOU July 12013 June302015 Page 56
C
All disciplinary action under this programis subject to thedisciplinary procedures
contained intheCity sPersonnel Rules and Regulations
D
Thefollowing is a guidelinefor disciplinary action when an employeeviolates the
City salcohol and drug program Disciplineshall bebased on thedegreeof the
offenseand inaccordancewith thefollowingguidelines
E DISCIPLINARYGUIDELINES
RANDOMTESTING
lst Incident
Counseling
Suspension 5days
Participateand completerehabilitation ifnecessary
Last ChanceAgreement
2nd Incident Termination
POSTACCIDENTTESTING
1st Incident
Disciplinesuspension or termination dependent on seriousness of accident
andor thedegreeofdisregard for safety
REASONABLESUSPICION
I st Incident
Counseling
Suspension 5days
ARSCMELocal 101Morgan Hill MOU July 12013 June302015 Page 57
SELF IDENTIFICATION
1 st Incident
Nodiscipline
Referred toSAP
x Participateand completerehabilitation ifnecessary
PROBATIONARYEMPLOYEES
PositiveDrugTest Terminationofprobation However at theCity soption ifan employee
has status in a previous classification theemployee sprobationary
appointment may be terminated or the employee may remain on
probation and besubject to thesedisciplinary guidelines depending on
theseverityofthecaseand theclassification
PositiveAlcohol Test
Termination ofprobation However at theCity soption ifan employee
04 or greater
has status in a previous classification the employee sprobationary
appointment may be terminated or the employee may remain on
probation and besubject to thesedisciplinary guidelines depending on
theseverityofthefacts ofthecaseand theclassification
PositiveAlcohol Test
Termination ofprobation However at theCity soption probationary
02to04 employee may be referred to SAP and required to participate in
rehabilitation ifnecessary Anysecondpositivetest for alcohol during
probation willresult interminationofprobation However at theCity s
option if an employee has status in a previous classification the
employeemayremain onprobation and besubject to thesedisciplinary
guidelines depending on theseverity ofthecaseand theclassification
Any second positivetest showing a result between 002and 004
after completion of probation will betreated as thefirst step in the
appropriatecategory
OTHERFACTORS
1
If an employeehas a confirmed positivetest fiomfollowuptesting theemployeewill be
given a last chanceagreement unless hesheis already on a last chanceagreement at which
point heshewillbeterminated
2
If an employeeis required by theSAP to participatein rehabilitation and theemployee
refuses to participate in the required rehabilitation program the employee will be
terminated
3
Ifan employeeis requiredbytheSAP to participateinrehabilitation and theemployeefails
to completetherequired rehabilitationprogramtheemployeewill beterminated
4
Ifan employeerefuses tobetested under this programtheemployeewill beterminated
VII DRUGANDALCOHOLTESTINGMETHODOLOGY
A
Alcohol Testing
Alcohol testing shall bedonebased on an evidential breath testing devicewhich is
thetesting method used by law enforcement officials in drunk driving cases A
breath alcohol technician shall explain thetest to theemployeebeing tested and
properlyadminister thetest totheemployee
B
DrugTesting
Drug testing shall bedonebased on a split specimen procedureof collecting and
analyzing urinesamples Thespecimen taken will be divided into primary and
secondaryspecimens Iftheprimaryspecimen test is positivetheemployeeshall be
informed of their right to request a test of thesecondary specimen by a separate
laboratoryor bythesamelaboratory ifthey chooseat theemployee sexpense The
employeewill beremoved fromthesafety sensitivefunction pendingtheoutcomeof
thesecondary sampletest results Theemployeehas seventy two72hours within
which tomaketherequest for thesecondary sampletest Ifthesecondary test result
is negativetheCity shall reimbursetheemployeefor thecost of thesecondarytest
and all references to thepositivetest will beexpunged fromall records If the
secondary test result is positivetheemployeewill besubject to theprocedures in
Personnel Rules SectionVI
C
ChainofCustodyConfidentiality
All alcohol and drugtests required tobeadministered tocovered employees under
this programshall beconducted bytheCity sserviceproviders toensureappropriate
chain ofcustodyand confidentialityofresults
VIII PREEMPLOYMENTALCOHOLANDDRUGTESTING
A Preface
Prior to performing any safety sensitive functions for theCity the employeeor
applicant shall undergo testing for alcohol and drugs TheCity shall not allow a
covered employeeto performsafety sensitivefunctions unless the employeehas
been administered an alcohol test with a result indicating an alcohol concentration
less than 002
and has received a drugtest result indicating a verified negativetest
result
B Procedures
1
All regular probationary temporary limited tern and workoutof class
assignments in job positions which requirea Commercial Driver sLicense
ATSCMELocal 101MorganHill MOU
July 12013 June302015
Page 59
and the performance of safety sensitive functions are subject to pre
employment testing
2
All persons selected by theCity Manager and offered a position froman
appropriate employment list for a job position requiring a Commercial
Driver sLicenseand theperformanceofsafety sensitivefunctions aresubject
topreemployment testing This section applies equallytocurrent employees
oftheCityand outsideapplicants Thedrugsamples maybecollected during
preemployment medical examinations and thesamples will beprovided to
theCitycertified laboratory
3
Every job announcement and internal transfer opportunities bulletin for a
position requiring a Commercial Driver sLicenseand theperformanceof
safety sensitivefunctions will includea written statement of thealcohol and
drugtestingrequirement as stated above
4
Pursuant to theCity sPolicyregarding SubstanceAbuseall job positions are
subject topreemployment alcohol and drugtesting
5
All preemployment alcohol and drug tests will beconducted by theCity s
serviceproviders to ensureappropriatechain of custody and confidentiality
ofresults
C
Exceptions toPreEmployment Testing
1
Persons employed bytheCityupon implementation oftheprogramand who
arein positions requiring thepossession of a Commercial Driver sLicense
and theperformancesafety sensitivefunctions will not berequired to submit
to initial drug testing to continue in their jobs Coninencing on
implementation of the programall other persons who are entering into
positions requiring thepossession of a Commercial Driver sLicenseand the
performanceof safety sensitivefunctions for examplebut not limited to
new hires rehires transfers and returntodutyfromanyleaveof absencefor
20 consecutiveworking days or moreshall berequired to submit to pre
employment testingunder this program
2
Current employees in covered classes will not berequired to submit to pre
employment testing if they havebeen tested within the last twelve 12
months intheir current position
3
Current employees oftheCitywhowish tobeeligiblefor temporary or work
outofclass assignments and have previously passed preemployment
alcohol and drug tests and agreed to remain within thepool of employees
fromwhich randomtestingis conducted
D
Consequences
1
Anycovered employeewhotests positiveon a drugtest or has an alcohol test
result of 004 BACor greater will beremoved fromthesafety sensitive
eligibility list and will be subject to theprovisions in Section IV The
employeemayhowever reapplyfor futuresafetysensitiveposition with the
City and will besubject to testing in accordancewith this programat that
time
2
Ifthepreemployment alcohol test result indicates a BACof002or greater
but less than 004
theemployeewill havetheright torequest retesting of
thesecond split specimen at their expense Iftheretest result is negativethe
employeewill bereimbursed thecost bytheCity and theemployeewill be
considered for the safety sensitiveposition If theretest is positivethe
employeewill beremoved fromthesafety sensitiveeligibilitylist and willbe
subject totheprovisions inSection W Theemployeemayhowever reapply
for futuresafetysensitivepositions with the City and will be subject to
testingin accordancewith thisprogramat that time
3
All outside applicants for positions with the City which require the
possession of a Commercial Driver sLicenseand theperformanceof safety
sensitivefunctions must submit to preemployment alcohol anddrug testing
without exception Any applicant who has a confirmed positivetest for
alcohol or drugs or refuses totakethetest willnot behired
iX NEW HIREDRUGANDALCOHOLRECORDCHECK
A Preface
The City is required to request information about safety sensitive function
employees fromprevious DOTregulated employers who haveemployed thenew
hires during anyperiod precedingthetwo 2years beforethedateofthenew hire s
application or transfer After obtaining written consent fromtheemployeetheCity
must request information fromprevious DOTregulated employers regarding alcohol
tests with results of 004 or higher concentration verified positive drug tests
refusals tobetested and other violations ofDOTagency and drugand alcohol testing
regulations In respect to any employeewho violated a regulation theCity must
obtain documentation of theemployee ssuccessful completion of DOTreturnto
dutyrequirements
B Procedures
1
TheCity will obtain thewritten consent of any employeeseeking to begin
performing safetysensitiveduties for thefirst timesuch as a new hireor an
employeetransferring into a safety sensitiveposition Iftheemployeerefuses
to providethis written consent the City will not permit theemployeeto
performsafety sensitivefunctions
AFSCMELocal 101MorganHill MOU Jule12013 June302015 Page 61
2
The City will request the following information fromthe employee s
previous DOTrelated employers
a
Alcohol tests with a result of 004or higher alcohol concentration
b
Verifiedpositivedrugtests
C
Refusals to be tested including verified adulterated or substituted
drugtest results
d
Other violations ofDOTagencydrugand alcohol testingregulations
e
With respect to any employeewhoviolated a DOTdrug and alcohol
regulation documentation oftheemployee ssuccessful completion of
DOT returntoduty requirements including followup tests If the
previous employer does not haveinformation about thereturntoduty
process egan employer who did not hirean employeewho tested
positiveon a preemployment test theCity will seek to obtain this
informationfromtheemployee
This information obtained froma previous employer includes any
drug or alcohol test information obtained from previous DOT
regulated employers TheCity will obtain a releaseof information
fromthe new hire This release will accompany the request for
information and will maintain a written confidential record of this
information including thedatetheparty to whomit was released
and a surrunary oftheinformation provided
3
The City will maintain a written confidential record of the information
obtained or of thegoodfaith effort madeto obtain theinfonnation TheCity
will retainthis infornationfor three3years fromthedateoftheemployee s
first performanceofsafety sensitiveduties
4
TheCity must ask theemployeewhether heor shehas tested positiveor
refused to test on anypreemployment drug or alcohol test administered by
an employer towhich theemployeeapplied for but did not obtain in safety
sensitivework coveredbyDOTagency drug and alcohol testing rules during
thepreceding two 2years If theemployeeadmits that heor shehad a
positivetest or arefusal totest theCitywill not usetheemployeetoperform
safety sensitive functions unless the employee documents successful
completion ofthereturn todutyprocess
AFSCMELoea1101Morgan Hill MOU July 12013 June302015 Page 62
5
IftheCityhas not obtained results preemployment drugor alcohol testing or
madea documented goodfaith effort toobtain this information within thirty
30days ofthehiredatetheemployeemust beremoved fromperformance
ofsafety sensitivefunctions
6
TheCitymust complywith requests for two 2year drug and alcohol testing
histories fromanyfutureemployers ofpersonnel covered bythis policy
X RANDOMALCOHOLANDDRUGTESTING
A Preface
Covered employees arerequired to submit to alcohol and drug testing on a random
basis Twentyfivepercent 25 of the average number of covered employee
positions shall besubject to randomalcohol testing in each calendar year Fifty
percent 50 oftheaveragenumber ofcovered employeepositions shall besubject
to randomdrug testing in each calendar year TheCity will changetheminimum
annual percentage testing rate in compliance with any change by the Federal
HighwayAdministration FHWAAdministrator to increaseor decreasetheannual
violation rate TheFHWAannual violation rateis based on thereported ratefor
commercial drivers
B Procedures
1
TheProvider shall randomlyselect a sufficient number of covered employees
for alcohol and drug testing during each calendar year toequal anannual rate
not less than theminimumannual percentagerateestablished bytheFHWA
Administrator
2
TheProvider shall select covered employees for randomalcohol and drug
testing by a scientifically valid method such as a randomnumber tableofa
computerbased random number generator matched with the covered
employees Social Security numbers City identification numbers or other
comparable identifying number Under the selection process used each
covered employee shall have an equal chance of being tested each time
selections aremade
3
Randomalcohol and drug tests shall be unannounced and the dates for
administering randomalcohol and drug tests shall be spread reasonably
throughout thecalendar year
4
Each covered employeewho is notified of selection for randomalcohol or
drug testing shall go to thetest siteimmediately If a notified employeeis
performing a safety sensitivefunction theemployeeshall ceaseto perform
that safety sensitivefunction and gotothetesting siteas soon as possible
5
Acovered employeeshall onlybetested for alcohol whiletheemployeeis
performingsafety sensitivefunctions four 4hoursbeforetheemployeeis
toperformsafety sensitivefunctions or four 4hours after theemployeehas
ceased performing such functions TheemployeewillbeonCitypaid time
duringthetestingprocess
6
Acovered employeemaybetested for drugs at anytimewhiletheemployee
is at work for theCity
7
TheCity shall not requireany covered employeeto submit to a randomtest
whiletheemployeeis off work Ifa covered employeeis offwork theCity
will skip theemployee snameand thenext employee snameon theselection
list will beselected and tested TheCity shall document that theemployee
was offwork and that theemployeewas intherandomselection pool for that
cycle Iftheemployee sabsencelasts for morethan thirty30days thepre
employment testingprovisions ofthisprogramshall apply
8
Employees performing safety sensitivefunctions may betested for alcohol
with a pretrip inspection However if the pretrip inspection is not
appropriatetheemployeemayberequested toperformother safety sensitive
functions egdrivinga truck or loadingatruck inorder tocomplywith the
requirements for alcohol testing
9
Upon notification ofa NegativeDilutetheCitymayimmediatelyretest the
employee
C
Consequences
1
Covered employees shall be subject to the referral evaluation and
rehabilitation requirements in Section Nand may besubject to disciplinary
actionunder Section VI iftheyrefuseto submit to a randomalcohol or drug
test or if they have an alcohol test with a result indicating an alcohol
concentration of 004or greater or a drug test with a verified positivetest
result
2
Any covered employeewhohas engaged in conduct in violation of Section
III concerning theuseof alcohol or whohas had an alcohol test with a result
of002to004BACor greater shall not return todutyuntil theemployee
has submitted to a return to duty alcohol test with a verified negativeresult
In addition the employee will be evaluated by the SAP and develop a
treatment methodology if necessary and may be subject to thereferral
evaluation and rehabilitationrequirements in Section IV
XI POSTACCIDENTALCOHOLANDDRUGTESTING
A Preface
As soon as practicablefollowing an accident theCityshall test a surviving covered
employeefor alcohol and drugs wheretheaccident has resulted in any oneof the
followingconditions
1
Death ofahuman being
2
Bodily injuryto a person who as a result of theaccident receives medical
treatment awayfromthesceneoftheaccident
3
Thecovered employeereceived a citation or thereis a high probability that
thecovered employeewill receivea citation for a moving trafficviolation
arising fromperformanceof a safety sensitivefunction with respect to the
accident In thecasewhereit is not immediatelyknown iftheabovecriteria
is met theemployeewill providea sampleand thesamplewill not betested
untilit is determined that thecriteria for postaccident testingaremet
4
At least one1of theinvolved vehicles is required to betowed fromthe
sceneoftheaccident
Following theaccident thecovered employeewill betested as soon as possiblenot
to exceed eight 8 hours for alcohol and thirtytwo32hours for drugs
B Procedures
1
Theseprocedures do not supersedetheVehicleUsePolicy contained in the
City of Morgan Hill sAdministrativePolicy and ProcedureManual or any
other departmental policy or procedure regarding reporting of vehicle
accidents incidents citations or darnage
2
Thecovered employeeshall notifyhis or her supervisor as soon as possible
following an accident The covered employee shall refrain fromusing
alcohol for eight 8 hours following theaccident or until it is determined that
a postaccident alcohol test is not required as providedbelow Anyemployee
leaving thesceneof theaccident without appropriateauthorization prior to
submitting to an alcohol or drug test or being released bythesupervisor will
beconsidered tohaverefused totest
3
Thesupervisor at thesiteofan accident shall
a
Attend to any emergency needs of employees passengers
pedestrians etcby requesting medical fireand orpoliceassistance
and thepresenceofanother supervisor
AFSCMELocal 101MorganHill MOU July12013 June302015
Page 65
b
Takethecovered employeeinvolved in theaccident asideand give
theemployeea direct verbal order to abstain fromalcohol and drugs
until after they havebeen tested or until after eight 8 hours for
alcohol or thirty two hours 32for drugs and to stand by at thesite
until thesupervisor has determined iftheaccident is onerequiring a
post accident alcohol and drugtest
C
Evaluate the accident to determinewhether a postaccident test is
required under this programand document with written notes the
supervisor sdecision to require or to not require a postaccident
alcohol and drugtest
4
Ifthesupervisor at thesiteaffirms that a postaccident alcohol or drug test of
the covered employee is required thesupervisor shall takethefollowing
actions
a
Thesupervisor shall informthecovered employeethetest is required
by theOTETA Thesupervisor will also explain that by refusing to
takethealcohol and drug tests theemployeewill besubject to the
mandatory referral evaluation and rehabilitation requirements of
Section IV
Refusal to takethetests will subject theemployeeto
disciplinary actioninaccordancewith Section IV
Any employee who refuses to submit to a post accident test as
required by federal law shall be terminated fiomemployment
pursuant to Section W Theemployeewillbeoffered theopportunity
tobesafelytransportedhomeIfan employeeappears tobeimpaired
refuses the postaccident alcohol and drug test and intends or
attempts to drivehometheCity will informtheemployeethat it is
requiredtonotifytheproper authorities
b
The supervisor shall transport the employee to the designated
collection sitetotakethenecessary tests Thesupervisor shall inform
theemployeethat they havea right to request a steward However
theprocess will proceed whether or not thesteward is present The
supervisor transporting theemployeewill stay with theemployee
verify theemployee sidentification at thecollection siteand later
returntheemployeetotheemployee sdivision or work unit
C
Ifthecovered employeeis injured and requires offsitetreatment the
supervisor shall escort theemployeeto a hospital or other appropriate
treatment facility The hospital will be requested to collect the
necessary specimen and provide safekeeping until the sample is
pickedupbytheCitycollection agency
ATSCMELocal 101Morgan Hill MOU Jule12013 June302015 Page 66
d
The supervisor shall ensure that the covered employee does not
performany safety sensitivefunctionuntil theemployeeis cleared by
thepostaccident test results This includes ensuring that neither the
covered employeenor any other employeeinvolved in theaccident
operates thevehicleany further If necessary the supervisor will
movethevehicleor request another employeenot involved in the
accident todo so
S
Ifthesupervisor at thesiteof theaccident determines that theaccident does
not meet thecriteria for a postaccident alcohol and drug test thecovered
employeemaycontinuetoperformsafety sensitivefunctions
6
Ifthecovered employeeis taken intopolicecustody at thesiteofan accident
and thesitesupervisor has affirmed that theaccident is onerequiring post
accident drugtesting theCity scollectionagencywillberequested totest the
employeefor alcohol and drugs
7
Ifa post accident alcohol test is required and is not administered within two
2hours followingtheaccident theCity shall prepareand maintain on filea
record stating thereasons thetest was not promptly administered If the
alcohol test is not administered within eight 8 hours theCity shall cease
attempts to administer an alcohol test and shall prepare and maintain the
samerecord
8
If a postaccident drug test is required and is not administered within thirty
two 32hours following the accident the City shall cease attempts to
administer a drug test and shall prepareand maintain on filea record stating
thereasons thetest was not promptlyadministered
C
Consequences
1
rehabilitation requirements in Section IV and shall also besubject to the
disciplinary consequences of Section VI if they refuseto submit to a post
accident alcohol or drug test or ifthey havea postaccident alcohol test with
a result indicating an alcohol concentration of004or greater or a drug test
with averifiedpositivetest result
2
Any covered employeewho has engaged in conduct in violation of Section
III concerning theuseofalcohol or whohas had an alcohol test with a result
of 002to 004 BAC or greater shall not performa safetysensitive
functionuntil theemployeehas submitted toa returntodutyalcohol test with
a verified negativeresult In addition theemployeewill beevaluated bythe
SAP and develop a treatment methodology ifnecessary and may besubject
tothereferral evaluation and rehabilitation requirements inSection IV
XII REASONABLESUSPICIONALCOHOLANDDRUGTESTING
A Preface
TheCity shall requirea covered employeeto submit to an alcohol and ordrug test
when theCity has reasonable suspicion to believethat theemployeeis under the
influenceofalcohol or drugs
B Procedures
1
TheCity sdecision to requirea covered employeeto submit to a reasonable
suspicion alcohol andor drug test shall be based on a supervisor s
determination that reasonable suspicion exists that the employee is in
violation ofSectionIII TheCity sdeterminationmust bebased on
a
Specific personal and articulate observations concerning the
appearancebehavior speech or performanceoftheemployeeor
b
Violation ofa safety ruleor other unsafework incident which after
further investigation of the employee sbehavior leads the
supervisor stobelievethat alcohol or drugusemaybea contributing
factor or
C
Other physical circumstantial or contemporaneous indicators of
alcohol or druguse
Suspicion based solely on third party observation violation of safety ruleor
unsafe work incident is not reasonable suspicion for testing
However such suspicion may bea basis for further investigation or
for action to protect the safety of others such as ordering the
employeetostopwork
No action shall betaken against a covered employeebased solely on the
employee sbehavior and appearancewith respect to alcohol or drug
usewithout a positivetest
2
The supervisor will obtain the assistance of another supervisor when
feasibletoobserveand document theabovebehavior or factors
3
The supervisor shall informthe employee of the facts upon which the
reasonablesuspicion is based advisetheemployeethat thesupervisor wishes
toquestion theemployeeabout theemployee sbehavior or conduct onwhich
thereasonablesuspicion is based and advisetheemployeethat heor shehas
theright to request thepresenceof a steward or other representativebefore
answering thesupervisor squestions
a
If the employee chooses to be represented the steward or other
representativewill beallowed up to one1hour to arrive If no
steward other representative is availablewithin one 1hour the
supervisor should continuetheprocedure
b
The supervisor shall request an explanation fromthe employee
concerning the employee sbehavior or conduct on which the
reasonable suspicion is based If a satisfactory explanation is not
provided theemployeewillbetested
C
Thesupervisor must completetheObservation IncidentReport within
one1hour of theincident Thesupervisor will providea copy of
thecompleted Observation Incident Report to the Union Acopy
should begiven tothesteward or other representativeifpresent and
another sent totheUnionpresident
4
Iftheemployeerefuses to submit tothetest theemployeewill beterminated
pursuant toSection VI Theemployeeshall beoffered theopportunity tobe
safelytransported home
If an employee appears to beimpaired refuses thereasonable suspicion
alcohol and drug test and intends or attempts to drivehomethesupervisor
will informthe employee that the City is required to notify theproper
authorities Again an employeewhohas refused tosubmit toa postaccident
test will bedisciplined inaccordancewith Section VI
5
Iftheemployeesubmits tothereasonablesuspicion alcohol andor drug test
thesupervisor will assign theemployeeto non safetysensitiveduties until
thesupervisor receives thetest results unless in thesupervisor sjudgment
thecontinued presenceof theemployeein theworkplaceposes a significant
safety risk to theemployeeor others or is disrupting theworkplace In that
event thesupervisor shall placetheemployeeon sick leaveor other accrued
leaveand arrangeto safelytransport theemployeehome
a
Ifthealcohol and ordrugtest is positivetheemployeewill besubject
tothereturntodutyfollowuptestingprogramand procedures
6
No supervisor shall physically search an employeeor an employee sprivate
propertypursebriefcasecar based on thesupervisor sreasonablesuspicion
that theemployeehasviolated SectionIII
7
Thesupervisor sor City official swho observe stheemployee sbehavior
on which reasonablesuspicion testing is based must havereceived at least
sixty60minutes of training on alcohol misuseand an additional sixty60
minutes training on drug use The training must cover the physical
behavioral speech and performanceindicators of probablealcohol misuse
and useofdrugs
ATSCMELocal 101Morgan Hill MOU Judy 12013 June302015 Page 69
8
No reasonable suspicion alcohol testing may be done except while the
employeeis performing a safety sensitivefunction four 4 hours beforethe
employeeis toperforma safety sensitivefunction or four 4hours after the
employeehas ceasedperformingsuch function
9
Ifan alcohol test is not conducted withintwo2hours oftheobservation the
City must prepareand maintain a record stating thereasons thealcohol test
was not promptly administered Ifeight 8 hours havepassed theCitywill
not administer thetest
10
Awritten record must bemadeof theobservations leading to an alcohol or
drug reasonablesuspicion test and signed by thesupervisor or City official
who madetheobservations within one1hour of theobserved behavior or
beforetheresults ofthealcohol or drugtest arereceived whichever is earlier
C
Consequences
1
rehabilitation requirements contained herein and may be subject to the
disciplinary consequences of Section VI if they refuse to submit to a
reasonable suspicion alcohol or drug test or if they have a reasonable
suspicion alcohol concentration of 004 or greater or a drug test with a
verifiedpositivetest result
2
III concerning theuseof alcohol or has had an alcohol test with a result of
002to 004BACor greater shall not performa safety sensitivefunction
until the employeehas submitted to a return to duty alcohol test with a
verified negativeresult In addition theemployeewill beevaluated by the
SAP and developa treatment methodologyifnecessary
XIII RETURNTODUTY FOLLOWUPTESTING
A Preface
Covered employees who havealcohol test results of004BACor greater or who
test positivefor drugs aresubject to returntodutytesting and arealso subject to
unannounced followupalcohol and ordrugtest followingtheir return toduty
B Procedures
1
Returntodutytest
a
Any covered employeewho has engaged in conduct in violation of
Section III concerning theuseof alcohol or had an alcohol test with a
result of 004 BAC or greater shall not return to duty until the
employeehas submitted toareturn todutyalcohol test with a verified
negativeresult In addition theemployeewill beevaluated bythe
SAP and develop a treatment methodology ifnecessary
b
Any covered employeewho has engaged in conduct in violation of
Section III concerning theuseof drugs or who has had a drug test
with a positiveresult shall not return to duty until theemployeehas
submitted to a return toduty drug test with a verified negativeresult
Inaddition theemployeewill beevaluated bytheSAP and develop a
treatment methodology ofnecessary
2
Followuptesting
a
If an employee tests positive for either alcohol or controlled
substances heshewill besubject to unannounced followup alcohol
and controlled substances tests following his herreturn to duty The
number and frequency of such followuptesting shall beas directed
bytheSAP and consist of at least six 6tests in thefirst twelve12
months followingtheemployee sreturnto duty
b
Followuptesting shall not exceed sixty 60months fromthedateof
theemployee sreturn TheSAP may terminatetherequirement for
followup testing at any timeafter thefirst six 6 tests havebeen
administered if the SAP determines that such testing is no longer
necessary
C
Followupalcohol testing shall beconducted onlywhen theemployee
is performing safety sensitive functions four 4 hours beforethe
employeeis to performsafety sensitivefunctions or 4 four hours
after theemployeehas ceased performing safety sensitivefunctions
d
Followup drug testing may be conducted at anytime while the
employeeis at work for theCity
C
Consequences
1
rehabilitation requirements contained herein and may be subject to the
disciplinary consequences ofSection VI iftheyrefuseto submit to a return
todutyor a followupalcohol or drug test or iftheyhavea returntodutyor
followupalcohol test with a result indicating a BACof004or greater or
drugtest with a verifiedpositivetest result
2
III concerning theuseof alcohol or whohas had an alcohol test with a result
of002to004BACor greater shall not return todutyuntil theemployee
has submitted to a return todutyalcohol test with a verified negativeresult
In addition the employeewill be evaluated by the SAP and develop a
treatment methodology if necessary In addition the employee may be
subject to the disciplinary consequences of Section VI if they refuse to
submit to a returntodutyor a followupalcohol or drugtest or iftheyhavea
returntoduty or followup alcohol test with a result indicating a BACof
004or greater or drugtest with a verified positivetest result
XIV DOCUMENTDISTRIBUTIONANDTRAINING
A
City sAlcohol and Drug TestingPrograms andProcedures
Everyemployeewhois covered by thefederal alcohol and drugtesting regulation as
explained in this programshall beprovided with a copy ofthis programprior to the
start of alcohol and drug testing Each employeeis required to sign a statement
certifying that heor shehas received a copyofthis programTheCitywillmaintain
theoriginal of thesigned document in theofficial personnel fileand will providea
copyofthecertificatetotheemployee
B
Required Trainingfor Covered Employee
Every covered employeewill receivea one1hour training courseon theCity s
Alcohol and Drug Testing Programs and Procedures Each employeewill sign an
attendanceroster and will receivea certificateofcompletion ofthis training Acopy
of thecertificateof completion will beplaced in theemployee sofficial personnel
fileEverysubsequent year refresher trainingwill beprovided
C
Supervisory Training
All supervisors of covered employees will receivea minimumof one1hour of
training for alcohol and one1hour for drugs related totheCity sAlcohol and Drug
Testing Programand Procedures In addition thesupervisor will be trained on
alcohol and drug usageand impairment with strategies for dealing with thesetypes
ofissues Each supervisor will sign an attendanceroster and willreceivea certificate
ofcompletion ofthis training Acopyofthecertificateofcompletion will beplaced
in thesupervisor sofficial personnel file Everysubsequent year refresher training
will beprovided
AFSCMELocal 101AlorgauHill MOU
July12013 June302015
Page 73
CERTIFICATEOFRECEIPT
OF CITYOFMORGANHILL AFSCMELOCAL101
DRUGANDALCOHOLTESTINGPROGRAM
1
understand that I am
employed bytheCity of Morgan Hill in a position that is covered bythefederal alcohol and drug
testing regulations and that I will besubject to thealcohol and drug testingprograms described in
this programwhich implements thosefederal alcohol and drug testing regulations I herebycertify
that theCityhas provided mewith a copyofthis programI understand that theCity will maintain
theoriginal of thesigned certificateand that I will beprovided a copy of thecertificate I also
understand that federal law requires theCityto ensurethat Ihavebeen provided with a copyof the
City salcohol and drug testing programand also requires meto sign this statement certifying my
receipt ofa copyofthisprogram
Date
SignatureofEmployee
I herebyacknowledgethat I asked for and received a copyofthis certificateofreceipt
Date
SignatureofEmployee
APSCn1ELocal 101Morgan Hill MOU July12013 June302015 Page 74
CITYOFMORGANHILL
LASTCHANCEAGREEMENT
CITYOF MORGANHILL This Last ChanceAgreement is created to assist you in understanding the
severity of the issues being confronted and the City sdesirethat yoube
successful in resolving oftheseconcerns Successful completion of this Agreement willprevent
further disciplinaryaction towardyoufor theissues stated hereafter
EMPLOYEENAME
EMPLOYEECLASSIFICATION
DEPARTMENT
NATUREOFTHEINCIDENT
CREATED PROGRAM FOR REHABILITATION This may include day treatment night
programs residential programs or someformof counseling as developed bytheSubstanceAbuse
Professional inconcert with theemployee
NUMBEROFTESTSREQUIREDFORUNANNOUNCEDTESTINGINCOMPLIANCEWITH
THISAGREEMENT
THEAGREEMENT
1
agree to comply with the p y guidelines and
procedures entailed intheCity sDrug and Alcohol Testing Programand theconditions established
in therehabilitation program I understand that periodicunannounced samples will betaken as a
condition of continued employment Anypositivetest as a result of unannounced testing will be
considered a violation of this last chance agreement
Should I successfully complete the
rehabilitationprogramdescribed aboveand successfullymaintain negativetest results for a duration
ofone1year for alcohol and five5years for drugs this agreement shall benull and void and a
noticeof completion shall beplaced inmy alcohol and drug fileAnother incident of drug and or
alcohol useafter completion of this process shall not besubject to a second last chanceagreement
and I will beterminated as outlined inSection VI oftheProgram
SignatureofEmployee Date
AESCMELocal 101MorganBill A10U
July 12013 June302015
Page 75

AFSCME/ Morgan Hill MOU 2013-2015

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MEMORANDUMOF UNDERSTANDING

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