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HomeMy WebLinkAboutCAP051420 CITY OF CENTRAL POINT Oregon City Council Meeting Agenda Thursday, May 14, 2020 Mayor Hank Williams Ward I Neil Olsen Ward II Kelley Johnson Ward III Melody Thueson Ward IV Taneea Browning At Large Rob Hernandez At Large Michael Parsons At Large Michael Parsons Next Res(1617) Ord (2066) I. REGULAR MEETING CALLED TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. SPECIAL PRESENTATIONS V. PUBLIC COMMENTS Public comment is for non-agenda items. If you are here to make comments on a specific agenda item, you must speak at that time. Please limit your remarks to 3 minutes per individual, 5 minutes per group, with a maximum of 20 minutes per meeting being allotted for public comments. The council may ask questions but may take no action during the public comment section of the meeting, except to direct staff to prepare a report or place an item on a future agenda. Complaints against specific City employees should be resolved through the City’s Personnel Complaint procedure. The right to address the Council does not exempt the speaker from any potential liability for defamation. VI. CONSENT AGENDA A. Approval of April 9, 2020 City Council Minutes B. Parks and Recreation Commission Appointment VII. ITEMS REMOVED FROM CONSENT AGENDA VIII. PUBLIC HEARING Public comments will be allowed on items under this part of the agenda following a brief staff report presenting the item and action requested. The presiding officer may limit testimony. IX. ORDINANCES, AND RESOLUTIONS A. Resolution No. ______, Ratifying the General Services Collective Bargaining Agreement and Authorizing the Mayor and City Manager to sign the Agreement (Simas) B. Resolution No. _______, Approval of Central Point 2020-2021 Classification Pay Plan (Simas) C. Final Design Presentation for Dennis Richardson Memorial (Samitore) D. Resolution No. ______, Ratifying Continued Local State of Emergency to 6-15- 2020 (Dreyer) E. Resolution No. ____, Scheduling Biennial Election of Central Point City Officers on November 3, 2020 (Clayton) X. BUSINESS A. Discussion Requiring Signatures on Nomination Petitions (Clayton) B. Planning Commission Report (Humphrey) C. Battle of the Bones 2018 Financial Report (Samitore) XI. MAYOR'S REPORT XII. CITY MANAGER'S REPORT XIII. COUNCIL REPORTS XIV. DEPARTMENT REPORTS XV. EXECUTIVE SESSION The City Council will adjourn to executive session under the provisions of ORS 192.660. Under the provisions of the Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast. XVI. ADJOURNMENT Individuals needing special accommodations such as sign language, foreign language interpreters or equipment for the hearing impaired must request such services at least 72 hours prior to the City Council meeting. To make your request, please contact the City Recorder at 541-423-1026 (voice), or by e-mail to Deanna.casey@centralpointoregon.gov. Si necesita traductor en español o servicios de discapacidades (ADA) para asistir a una junta publica de la ciudad por favor llame con 72 horas de anticipación al 541-664-3321 ext. 201 CITY OF CENTRAL POINT Oregon City Council Meeting Minutes Thursday, April 9, 2020 I. REGULAR MEETING CALLED TO ORDER The meeting was called to order at 7:00 PM by Mayor Hank Williams II. PLEDGE OF ALLEGIANCE III. ROLL CALL Attendee Name Title Status Arrived Hank Williams Mayor Remote Neil Olsen Ward I Remote Kelley Johnson Ward II Remote Melody Thueson Ward III Remote Taneea Browning Ward IV Remote Rob Hernandez At Large Remote Michael Parsons At Large Remote Staff members present: City Manager Chris Clayton; City Attorney Sydnee Dreyer; Police Captain Dave Croft; Parks and Public Works Director Matt Samitore; Community Development Director Tom Humphrey; and City Recorder Deanna Casey. City Manager Chris Clayton explained the reason for the virtual meeting and the options available for public input via computer set up in the lobby. IV. SPECIAL PRESENTATIONS 1. Fire District No. 3 Report Chief Horton was available via ZOOM. He explained that he would normally be presenting the annual report at this time of year, but the report was postponed due to COVID-19. He shared what the district is doing in response to the pandemic. They are working on how their response will be. Their goal and guidance was to minimize movement of people into medical facilities unless necessary, leaving space for COVID-19 patients. He explained the new programs that are available for people who may call 911 with COVID-19 issues. We are happy to announce that the calls to 911 have been less than expected. They are grateful of the partnership between the City and Fire District. V. PUBLIC COMMENTS - None VI. CONSENT AGENDA 6.A Packet Pg. 3 Minutes Acceptance: Minutes of Apr 9, 2020 7:00 PM (CONSENT AGENDA) City of Central Point City Council Minutes April 9, 2020 Page 2 RESULT: APPROVED [UNANIMOUS] MOVER: Michael Parsons, At Large SECONDER: Kelley Johnson, Ward II AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez, Parsons A. Approval of March 12, 2020 City Council Minutes B. Approval of March 16, 2020 City Council Minutes VII. PUBLIC HEARING A. Resolution No. _______, A Resolution to Annex 0.628 Acres, Located at 4475 Hamrick Road and Identified on the Jackson County Assessor's Map as 37 2W 01CB, Tax Lot 1100. Applicant: Rory White Community Development Director Tom Humphrey presented a resolution approving an annexation for 4475 Hamrick Road which is just under a half acre. The proposal meets all the state criteria for annexations. This is a public hearing and notice was sent to residents within 250 feet of the property. There is a moratorium on Hamrick Road which will hinder accessibility to hooking the property up to water. Staff is confident that by the time the annexation is approved and the owner brings in plans to improve the property the moratorium will be over. Mayor Williams opened the public hearing. No one came forward and the public hearing was closed. Rob Hernandez moved to approve Resolution No. 1613, A Resolution to Annex 0.628 acres, located at 4475 Hamrick Road and Identified on the Jackson County Assessor’s Map as 37 2W 01CB, Tax Lot 1100. Applicant: Rory White. RESULT: APPROVED [UNANIMOUS] MOVER: Rob Hernandez, At Large SECONDER: Melody Thueson, Ward III AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez, Parsons B. Resolution No. _________, A Resolution of the City of Central Point setting Water Rate Adjustment Effective _____________, 2020 Parks and Public Works Director Matt Samitore stated that the Medford Water Commission recently completed an annual rate review/analysis and determined that the other cities water rate category should be increased by 10% beginning March 1, 2020. This adjustment equates to an additional $60,000-$80,000 in estimated cost for the purchase of bulk water during the 2020/2021 budget cycle. This increase has a direct impact on the City’s water rate structure. Staff has developed a full rate model for council consideration, each would handle the MWC increase and a city adjustment equating to roughly a 3% increase. The base rate would increase by $0.41, $0.02 on the first volume rate and $0.04 on the second. The third volume rate would remain unchanged. The resolution is left open-ended for Council consideration on the implementation date. The city will be covering the costs of the MWC increase, which is roughly 6.A Packet Pg. 4 Minutes Acceptance: Minutes of Apr 9, 2020 7:00 PM (CONSENT AGENDA) City of Central Point City Council Minutes April 9, 2020 Page 3 $5,000 a month. Staff does not recommend increasing rates in July when consumption goes up. Council agreed that June 1st would be the best time. Kelley Johnson moved to approve Resolution No. 1614, A Resolution of the City of Central Point Setting Water Rate Adjustment Effective June 1, 2020. RESULT: APPROVED [UNANIMOUS] MOVER: Kelley Johnson, Ward II SECONDER: Michael Parsons, At Large AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez, Parsons VIII. ORDINANCES, AND RESOLUTIONS A. Clarifying Hours of Operation for Courts Located Within City Parks Mr. Samitore explained that over the past year the city has started to get a variety of complaints regarding noise associated with a variety of park uses that were occurring before 7 a.m. At the last City Council meeting, it was discussed having the court hours adjusted to match the City’s construction noise regulations, allowing noise to occur only after 7 a.m. and ending by 10 p.m. The proposed resolution extends those regulations to the Central Point Parks system. Melody Thueson moved to approve Resolution No. 1615, A Resolution Authorizing the City of Central Point Parks and Recreation Department to Limit Hours of Operations for City Park Basketball, Tennis, and Pickleball Courts from 7:00 a.m. to 10 p.m. RESULT: APPROVED [UNANIMOUS] MOVER: Melody Thueson, Ward III SECONDER: Rob Hernandez, At Large AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez, Parsons B. Resolution No. ________, Ratifying Administrative Order Declaring a Local State of Emergency in the City of Central Point as a Result of COVID-19 Pandemic City Manager Chris Clayton explained that on March 25, 2020, he declared a local state of emergency due to the COVID-19 pandemic, which was also approved in writing by Mayor Williams. He explained that ORS 401.305 and Central Point Emergency Operations Plan (EOP) provide authority for the City of Central Point to act as an emergency management agency, including authority to establish policies and protocols defining and directing responsibilities during the time of emergency. Pursuant to the EOP Section 1.7.2, in the event of an emergency, if a quorum of the City Council is not immediately available; the City Manager has the authority to declare an emergency. A declaration of emergency may also be initiated by the Mayor, pursuant to EOP Section 3.2.1.1 subject to ratification by the City Council. The City Council is then required to consider ratification of the declaration of a local State of Emergency at its next available Council meeting, which is tonight. City Attorney Sydnee Dreyer stated that the City Manager can extend the order in 6.A Packet Pg. 5 Minutes Acceptance: Minutes of Apr 9, 2020 7:00 PM (CONSENT AGENDA) City of Central Point City Council Minutes April 9, 2020 Page 4 two week increments as needed with ratification by the City Council at their next available meeting. Kelley Johnson moved to approve Resolution No. 1616, Ratifying Administrative Order Declaring a Local State of Emergency in the City of Central Point as a Result of COVID-19 Pandemic. RESULT: APPROVED [UNANIMOUS] MOVER: Kelley Johnson, Ward II SECONDER: Rob Hernandez, At Large AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez, Parsons IX. BUSINESS A. Final Design Presentation for Dennis Richardson Memorial Parks and Public Works Director Matt Samitore presented the final renderings for the Dennis Richardson Memorial located at Don Jones Memorial Park. The City Council and Parks Commission have approved the final design. The project budget ranges between $240,000 and $270,000. The city is planning to fund $100,000 in the next budget cycle and we hope to secure the remainder of the amount from outside sources and donations. The City Manager stated that the Strategic Plan promotes publicly recognizing the success of Central Point citizens. This is a great way to recognize Dennis Richardson and all he has done for Central Point. Council Members agree that the design is fitting. We would not expect to begin construction for at least a year. RESULT: FOR DISCUSSION ONLY B. RVTD New Circulator Route in Central Point Mr. Samitore explained that RVTD has been implementing new city routes for the past several months. Central Point is the final route to be implemented and is specifically designed to provide an RVTD route that serves the most people in an efficient manner. The purpose of this new route is to bring people to one location in order to take the current bus route to downtown Medford. Route 43 will travel between Twin Creeks, Front Street, Freeman Road and Vilas/Hamrick Roads bringing citizens to Pine Street to catch the current route to downtown Medford and other areas of the valley. The owners of the Freel Building are concerned about the double loading, but city staff does not feel this will be an issue with traffic on Pine Street. Mr. Humphrey will work with the property owners and RVTD to make sure all are happy with the new opportunity. The estimated start date is June, 2020. RVTD did not require the council to accept this route by motion. RESULT: FOR DISCUSSION ONLY X. MAYOR'S REPORT 6.A Packet Pg. 6 Minutes Acceptance: Minutes of Apr 9, 2020 7:00 PM (CONSENT AGENDA) City of Central Point City Council Minutes April 9, 2020 Page 5 Mayor Hank Williams reported that he has been on several conference calls with Governor Brown regarding the COVID-19 pandemic. He also attended a virtual Fair board meeting. XI. CITY MANAGER'S REPORT City Manager Chris Clayton reported that: He will be providing a video clip in his weekly update in regards to a situation at the PW Corporation yard over the weekend. No damage was done and the Police Department knows who the juveniles are. The rotation of staffing at city hall seems to be working well. Staff is able to get work done and the citizens are being helped. The city has a good supply for most items that have been running out during this pandemic. The only thing we are low on is hand sanitizer. We are researching where to find some to help fill our supplies. Flanagan Park project is going well. He will provide photos in his weekly report. The Parks and Rec Department worked out a donation of the Easter Egg items to go in the lunches that the School District is providing at various locations in town. Park closures have been a challenge; we will be increasing patrols near the parks to make sure people are obeying the 6 ft social distancing rules and not playing on equipment that cannot be sanitized. The Safety Committee has provided Emergency Preparedness bags for everyone. Council members can pick theirs up in the City Recorders office. XII. COUNCIL REPORTS Council Member Kelley Johnson reported that she has been working from home and attending LOC video conference calls. Council Member Melody Thueson reported that teachers are surviving. The schools want to do learning parades through town for students who may not have online access and to keep in touch with their students. Council Member Taneea Browning has been attending LOC Board video conference calls. Council Member Rob Hernandez reported that most of his meetings have been cancelled. He has attended a few Zoom meetings. Next week he will be doing virtual meetings with SOREDI and Fire District 3. Council Member Michael Parsons reported that he is helping residents by enforcing the physical distancing and encouraging all residents in the Meadows to adhere to the rules. He has been asked to participate on the interview panel for the Fire District. 6.A Packet Pg. 7 Minutes Acceptance: Minutes of Apr 9, 2020 7:00 PM (CONSENT AGENDA) City of Central Point City Council Minutes April 9, 2020 Page 6 XIII. DEPARTMENT REPORTS Parks and Public Works Director Matt Samitore reported that Knife River has fixed the barricades around the Twin Creeks Rail Crossing and the TYLNN arbitration has been delayed to at least July. Community Development Director Tom Humphrey reported that the department is still active with building inspections, and projects. There are several businesses expanding and wanting to come to Central Point. There will be a virtual Planning Commission meeting in May, several items need to be moved along in the land use process. Police Captain Dave Croft reported that: the Police Department is doing well, and in good spirits. Both recruits have returned from the academy and are currently in training; our call volumes are down. Officer Aplin is out and about with the new canine Gus. They have been training in a variety of parks. Information Technology Director Jason Richmond reported that they have been supporting our employees as they work from home, and everything is working well. City Attorney Sydnee Dreyer stated that the City Attorney's Conference in May has been cancelled. XIV. ADJOURNMENT Michael Parsons moved to adjourn, all said aye and the meeting was adjourned at 8:12 p.m. The foregoing minutes of the April 9, 2020, Council meeting were approved by the City Council at its meeting of _________________, 2020. Dated: _________________________ Mayor Hank Williams ATTEST: __________________________ City Recorder 6.A Packet Pg. 8 Minutes Acceptance: Minutes of Apr 9, 2020 7:00 PM (CONSENT AGENDA) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Administration FROM: Chris Clayton, City Manager MEETING DATE: May 14, 2020 SUBJECT: Parks and Recreation Commission Appointment ACTION REQUIRED: Motion RECOMMENDATION: The Parks and Recreation Commission currently has two vacancies. This is a seven member commission all with three year terms. The City has been advertising for volunteers for several committee/commission vacancies and received one application for appointment to the Central Point Parks and Recreation Commission/Foundation from Stephanie Hendrickson. Ms. Hendrickson is the Executive Director for the Central Point Chamber of Commerce. As a Chamber Director she is currently involved in several events that the City Parks and Rec Commission are involved with. Current Parks and Recreation Commission members are: Jennifer Horton (12/20) Sharon Rogers (12/22) Lee Orr (12/21) Fran Settell (12/21) Patricia Alvarez (12/21) Dennis Browning (12/23) RECOMMENDED MOTION: I moved to appoint Stephanie Hendrickson to the Parks and Recreation Commission with a term ending date of December 31, 2023. ATTACHMENTS: 1. Stephanie Hendrickson Parks Commission Application 6.B Packet Pg. 9 Cc;rG! City of Central Point, Oregon CENTRAL • Administration Department 140 S 3rd Street,Central Point,OR 97502 Chris Clayton,City Manager 541.664.3321 Fax 541.664.6384 POI NT Deanna Casey, City Recorder www.centralaointoreron.2ov Elizabeth Simas,Human Resource Director APPLICATION FOR APPOINTMENT TO CITY OF CENTRAL POINT COMMITTEE Name: JQ Cil 1 Ilerdi I ldiL$O Date: fi'3 lo Address: r-sro i la rityrrii I Ft nf, Z- Home Phone: Business Phone: Cell Phone: Fax: E-mail: -- Are you a registered voter with the State of Oregon? Yes )(No Are you a city resident? Yes No IfYes, How long: Which committee(s) would you like to be appointed to: (Please make sure the dates below work with your schedule before applying. Council and Planning Commission members are required to file an Annual Statement ofEconomic Interest to the State of Oregon.) Meeting Dates (All meeting dates are subject to change or additions, times vary for each committee): Budget Committee: Meetings vary in April Bi-Annually Citizens Advisory Committee: 2nd Tuesday of quarterly Planning Commission: 1' Tuesday of each month I'X Parks and Recreation Committee/Foundation: Meeting dates vary Employment, professional, and volunteer back und: ,, Evaidtw 19d(c:nrof4111 U/111Yeli Ft WO)/of P/P- VcArLI anti inlpni5 5e(Vili ehAIrs Community affiliations and activities:i s:1 1i in s Fi(1 Qtr 6-n ,totMO* mrt14- 01101, al-- j t Previous City appointments, offices, or activities: i ft7i5ov t atLi i 1 X Lh r 7-11/14 6.B.a Packet Pg. 10 Attachment: Stephanie Hendrickson Parks Commission Application (1267 : P&R Commission Appointment) Central Point Committee Application Page 2 To provide additional background for the Mayor and City Council, please answer the following questions. 1. Please explain why you are int rested in the appointment and what you would offer to the community. Tarr- uts 01 1'td r, ,tit ac-t)v M a1 i&e hf rs and ' )6‘5/ A/1.d NA,114 L^ky prIK it i,t I ird it,1-rt ---cu voa liv 5aht5 Cilij iat t .clkcti'' l u r'1 0 u tw )-1 coot G!{ C `*(11 -Pt cmt"( nant Mon 9 krorg!tt,7) idStilt_ 1 Y2Lal J 6 i.5S L45 in tit-e (f -a4 2. Please describe what you believe are the major concerns of the City residents and businesses that this committee should be concerned about. 3. Please provide any additional information or comments which you believe will assist the City Council in considering your application. r' (y p6st-f C' C L1tu 4. (mit c ? s,'. i can( 51[Ju 1' j, jihlt, I. _ioz/tot, -tht romq J2,0-5 aryl gvt , . //) --tlY, ., ), ii oet, tiL, th() icorniIk-L 4. Do you anticipate that any conflicts of interest will arise if you are appointed; and if so, how would you handle them? `T ,,f. not Q n b J ra 6,1 6111‘,/ (1,,,( i( 1)4,1 (p 'iS(- . Pleasefeelfree to use additional sheet ifyou have more information to help the Council make a final decision. My signature affirms that the information in this application is true to the best of my knowledge. I understand that misrepresentation and/or omission of facts are cause for removal from any council, advisory 1 committee, board or commission r,.y be appointed to. All informationjdocumentation related to service for this 11.pition is subject to public record disclosure. Signature: Date: /, I 6.B.a Packet Pg. 11 Attachment: Stephanie Hendrickson Parks Commission Application (1267 : P&R Commission Appointment) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Human Resources FROM: Elizabeth Simas, Human Resources Director MEETING DATE: May 14, 2020 SUBJECT: Resolution No. ______, Ratifying the General Services Collective Bargaining Agreement and Authorizing the Mayor and City Manager to sign the Agreement ACTION REQUIRED: RECOMMENDATION: BACKGROUND/HISTORY: HISTORY: Due to the impacts of COVID-19 and the uncertainty in the economy, the City, and the workplace, on March 23, the City reached out to the General Services Union to seek a one-year extension of the current contract which was set to expire on June 30, 2020. The City and the Union exchanged proposals through email, and on April 24, 2020, the City and General Services bargaining team tentatively agreed to a one (1) year extension of the current collective bargaining agreement through June 30, 2021. The agreement requires ratification by both parties. The bargaining unit ratified the agreement on May 4, 2020. PROPOSAL: It is proposed that the City Council approve the bargained agreement. The negotiated agreement consists of a one-year contract extension with a 2.75% increase applied to the pay scale on July 1, 2020. Other changes to the bargaining agreement include language removal of union fair share and religious objection due to US Supreme court ruling Janus v. AFSCME; health insurance contribution sharing change for those hired on or after July 1, 2014; contract language changed during midterm bargaining regarding on-call status, special event sign up priority, and a 45 minute response time residency requirement for Public Works/Parks staff; addition of positions that were added during the current contract; and changing the salary scale for the Utility Laborer with red-circling the salary of one employee FISCAL IMPACT: The estimated annual cost of a 2.75% pay increase on July 1, 2020, to the current pay scale is $49,500. (with an overall total of 3% with payroll roll-up costs; $61,500) The decrease to employee’s health insurance contribution compared to what the City currently is paying is $16,000 annually. These increases are within the budgeted increases for the 2020- 2021 biennial budget. RECOMMENDATION: Motion to approve Resolution No. 1269, A Resolution Approving the General Services 9.A Packet Pg. 12 Collective Bargaining Agreement. ATTACHMENTS: 1. 2020-2021 General Services CBA Resolution 2. 2017-2020 GS CBA one year extension 9.A Packet Pg. 13 RESOLUTION NO. _______ A RESOLUTION RATIFYING THE GENERAL SERVICES COLLECTIVE BARGAINING AGREEMENT and AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE AGREEMENT RECITALS: 1. The City of Central Point has a fundamental interest in the development of harmonious and cooperative relationships between the City and its employees; and 2. The City recognizes the rights of public employees to organize; and 3. The City recognizes and accepts that the principle and procedure of collective bargaining can alleviate various forms of strife and unrest; and 4. ORS 243 “Collective Bargaining” defines and outlines the policies involved in collective bargaining between public entities and public employers; and 5. The current General Services collective bargaining agreement is expiring on June 30, 2020; and 6. This agreement is a one year extension to the current bargaining agreement which will be extended from July 1, 2020 through June 30, 2021. The City of Central Point resolves as follows: The General Services Collective Bargaining Agreement between the City of Central Point and Teamsters Local 223 (General Services), as attached, is hereby ratified and adopted, and the Mayor and City Manager are authorized to sign the Agreement. Passed by the Council and signed by me in authentication of its passage this _____ day of _____________________, 20___. __________________________ Mayor Hank Williams ATTEST: _____________________________ City Recorder 9.A.a Packet Pg. 14 Attachment: 2020-2021 General Services CBA Resolution (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 COLLECTIVE BARGAINING AGREEMENT by and between The CITY OF CENTRAL POINT (General Service) and TEAMSTERS LOCAL UNION #223 July 1, 2017 – June 30, 2020 One year extension 6/30/2021 9.A.b Packet Pg. 15 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 TABLE OF CONTENTS PREAMBLE ....................................................................................................................................................... 1 ARTICLE I - RECOGNITION .............................................................................................................................. 1 Section 1.1 Recognition .................................................................................................................... 1 Section 1.2 Exclusions ....................................................................................................................... 1 Section 1.3 New Classification .......................................................................................................... 1 ARTICLE II - MANAGEMENT RIGHTS ............................................................................................................... 2 Section 2.1 Management Rights ....................................................................................................... 2 ARTICLE III - MAINTENANCE OF STANDARDS ................................................................................................. 3 Section 3.1 Maintenance of Standards .............................................................................................. 3 ARTICLE IV - UNION SECURITY ....................................................................................................................... 3 Section 4.1 Checkoff ......................................................................................................................... 3 Section 4.2 Hold Harmless ................................................................................................................ 3 Section 4.3 New Hires ....................................................................................................................... 3 Section 4.4 Bulletin Board ................................................................................................................. 3 Section 4.5 Right of Access ............................................................................................................... 4 Section 4.6 City Facilities ................................................................................................................... 4 ARTICLE V - UNION BUSINESS ........................................................................................................................ 4 Section 5.1 Union Business ............................................................................................................... 4 Section 5.2 Union Representatives ................................................................................................... 4 Section 5.3 Collective Bargaining ...................................................................................................... 4 ARTICLE VI - NON-DISCRIMINATION .............................................................................................................. 4 Section 6.1 Gender ............................................................................................................................ 4 Section 6.2 Application of Agreement .............................................................................................. 4 ARTICLE VII - PERSONNEL FILE ....................................................................................................................... 5 Section 7.1 Maintenance of Personnel Files ...................................................................................... 5 Section 7.2 Disclosure of Information ............................................................................................... 5 Section 7.3 Viewing of Files .............................................................................................................. 5 Section 7.4 Representation ................................................................................................................ 5 Section 7.5 Employee Signature and Response ................................................................................ 5 Section 7.6 Adding and Removing Documents ................................................................................. 5 ARTICLE VIII - PROBATION .............................................................................................................................. 6 Section 8.1 Probationary Period ....................................................................................................... 6 Section 8.2 Promotional Probationary Period .................................................................................. 6 9.A.b Packet Pg. 16 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 ARTICLE IX – SENIORITY .................................................................................................................................. 6 Section 9.1 Definition ......................................................................................................................... 6 Section 9.2 Seniority List ................................................................................................................... 7 Section 9.3 Application of Seniority .................................................................................................. 7 ARTICLE X – LAYOFF AND RECALL .................................................................................................................. 7 Section 10.1 Layoff ............................................................................................................................ 7 Section 10.2 Notice ............................................................................................................................ 7 Section 10.3 Eligibility for Layoff Status ............................................................................................ 7 Section 10.4 Layoff Procedure .......................................................................................................... 8 Section 10.5 Bumping Procedure ...................................................................................................... 8 Section 10.6 Qualifications, Knowledge, Skills and Abilities ............................................................. 8 Section 10.7 Change in Pay ............................................................................................................... 8 Section 10.8 Recall from Layoff ......................................................................................................... 9 ARTICLE XI - HOURS OF WORK AND OVERTIME ............................................................................................. 10 Section 11.1 Work Week ................................................................................................................... 10 Section 11.2 Workday ....................................................................................................................... 10 Section 11.3 Overtime ...................................................................................................................... 10 Section 11.4 Flex Time ...................................................................................................................... 10 Section 11.5 Compensatory Time ..................................................................................................... 11 Section 11.6 Rest Periods .................................................................................................................. 11 Section 11.7 Meal Periods ................................................................................................................ 11 Section 11.8 Call Back ....................................................................................................................... 11 Section 11.9 Safety Release & Safety Release Pay ............................................................................ 12 Section 11.10 On-Call Status ............................................................................................................. 12 Section 11.11 Special Events .............................................................................................................. 13 Section 11.12 Residency Requirement .............................................................................................. 14 ARTICLE XII – COMPENSATION ....................................................................................................................... 14 Section 12.1 Salary Schedule ............................................................................................................ 14 Section 12.2 Pay Periods ................................................................................................................... 14 Section 12.3 Steps ............................................................................................................................. 14 Section 12.4 Changes in Position and/or Grade ............................................................................... 14 Section 12.5 Acting In Capacity or Interim Status Pay ...................................................................... 15 Section 12.6 Certification and Licensing Fees ................................................................................... 16 Section 12.7 Certification Pay ........................................................................................................... 17 Section 12.8 Certificate Compensation ............................................................................................ 18 Section 12.9 Other Certifications and Certificates ............................................................................ 18 Section 12.10 Certification and Certificate Pay Limitations .............................................................. 18 Section 12.11 Bilingual/Sign Language Pay ....................................................................................... 18 Section 12.12 Educational Incentive ................................................................................................. 18 Section 12.13 Maximum Additional Pay ........................................................................................... 19 Section 12.14 PERS Contribution ...................................................................................................... 19 Section 12.15 Deferred Compensation ............................................................................................. 19 ARTICLE XIII – CLOTHING ................................................................................................................................ 19 Section 13.1 Clothing ........................................................................................................................ 19 9.A.b Packet Pg. 17 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Section 13.2 Safety Clothing ............................................................................................................. 19 Section 13.3 Clothing Allowance ....................................................................................................... 20 Section 13.4 Boots ............................................................................................................................ 20 Section 13.5 Boot Eligibility ............................................................................................................... 20 ARTICLE XIV - EXPENSE REIMBURSEMENT ..................................................................................................... 20 Section 14.1 Educational Reimbursement ........................................................................................ 20 Section 14.2 Travel Expenses ............................................................................................................ 20 Section 14.3 Meals ............................................................................................................................ 21 Section 14.4 Lodging .......................................................................................................................... 21 Section 14.5 Use of Purchasing Card ................................................................................................ 21 Section 14.6 Gym/Weight Management Membership Reimbursement .......................................... 21 ARTICLE XV - VACATION ................................................................................................................................. 22 Section 15.1 Accrual .......................................................................................................................... 22 Section 15.2 Selection ....................................................................................................................... 22 Section 15.3 Accrual Limitations ....................................................................................................... 22 Section 15.4 Termination .................................................................................................................. 23 Section 15.5 Sell Back ........................................................................................................................ 23 ARTICLE XVI - HOLIDAYS ................................................................................................................................. 23 Section 16.1 Holidays ........................................................................................................................ 23 Section 16.2 Observed ...................................................................................................................... 24 Section 16.3 Floating Holiday ............................................................................................................ 24 ARTICLE XVII - SICK LEAVE .............................................................................................................................. 24 Section 17.1 Accrual .......................................................................................................................... 24 Section 17.2 Utilization ..................................................................................................................... 24 Section 17.3 Notification ................................................................................................................... 25 Section 17.4 Sick Leave Compensation ............................................................................................. 25 Section 17.5 Leave Without Pay/Layoff ............................................................................................ 25 Section 17.6 Family Members ........................................................................................................... 25 Section 17.7 Integration of Paid Sick Leave With Workers Compensation ...................................... 25 Section 17.8 Retirement ................................................................................................................... 25 ARTICLE XVIII - LEAVE OF ABSENCE WITH PAY ............................................................................................... 26 Section 18.1 Bereavement Leave ...................................................................................................... 26 Section 18.2 Funeral Leave ............................................................................................................... 26 Section 18.3 Civic Responsibility ....................................................................................................... 26 Section 18.4 Military Leave ............................................................................................................... 27 Section 18.5 Conferences/Meetings ................................................................................................. 27 Section 18.6 Leave Accrual while on Paid Leave ............................................................................... 27 ARTICLE XIX - LEAVE OF ABSENCE WITHOUT PAY .......................................................................................... 27 Section 19.1 Family Medical Leave ................................................................................................... 27 Section 19.2 Military Leave ............................................................................................................... 27 Section 19.3 Other Leave Without Pay ............................................................................................. 27 Section 19.4 Leave Accrual while on Leave Without Pay ................................................................. 28 9.A.b Packet Pg. 18 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 ARTICLE XX - INSURANCE COVERAGE ............................................................................................................ 28 Section 20.1 Medical, Dental and Vision Insurance .......................................................................... 28 Section 20.2 Health Insurance Eligibility ........................................................................................... 28 Section 20.3 Medical, Dental and Vision Insurance Premiums ........................................................ 28 Section 20.4 Section 125 ................................................................................................................... 29 Section 20.5 Health Reimbursement Arrangement .......................................................................... 29 Section 20.6 Long Term Disability Insurance .................................................................................... 29 Section 20.7 Life Insurance ............................................................................................................... 29 ARTICLE XXI – DRUG AND ALCOHOL POLICY .................................................................................................. 29 Section 21.1 Drug and Alcohol Policy ............................................................................................... 29 ARTICLE XXII - OUTSIDE EMPLOYMENT ......................................................................................................... 30 Section 22.1 Outside Employment .................................................................................................... 30 ARTICLE XXIII - DISCIPLINE AND DISCHARGE .................................................................................................. 30 Section 23.1 Discipline ...................................................................................................................... 30 Section 23.2 Imposition .................................................................................................................... 30 Section 23.3 Probationary Employee ................................................................................................ 30 Section 23.4 Grieving Discipline ........................................................................................................ 30 Section 23.5 Union Representation .................................................................................................. 30 ARTICLE XXIV - GRIEVANCE PROCEDURE ........................................................................... ............................ 30 Section 24.1 Definition ...................................................................................................................... 30 Section 24.2 Informal Resolution ...................................................................................................... 30 Section 24.3 Grievance Procedure .................................................................................................... 31 Section 24.4 Expenses ............................................................................................. ......................... 32 Section 24.5 Time Limits ................................................................................................................... 32 Section 24.6 Grievance File ............................................................................................................... 32 ARTICLE XXV - UNPROTECTED STRIKE ACTIVITY AND LOCKOUT .................................................................... 32 Section 25.1 Lockout ......................................................................................................................... 32 Section 25.2 Strike ............................................................................................................................ 32 Section 25.3 Union Responsibility ..................................................................................................... 32 Section 25.4 Discipline ...................................................................................................................... 33 Section 25.5 Wages and Benefits During Work Interruption ........................................................... 33 ARTICLE XXVI - SAVINGS CLAUSE ................................................................................................................... 33 Section 26.1 Savings Clause .............................................................................................................. 33 ARTICLE XXVII - DURATION ............................................................................................................................ 33 Section 27.1 Duration ....................................................................................................................... 33 ARTICLE XXIII - EXECUTION/SIGNATURES ...................................................................................................... 33 APPENDIX A - PAY SCHEDULE ......................................................................................................................... 34 9.A.b Packet Pg. 19 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 1 AGREEMENT BETWEEN CITY OF CENTRAL POINT, OREGON AND TEAMSTERS LOCAL UNION NO. 223 PREAMBLE This Agreement between the City of Central Point, Oregon, hereinafter called the "City," and Teamsters Local Union No. 223, International Brotherhood of Teamsters, Portland, Oregon, hereinafter called the "Union," is made and entered into for the purpose of fixing the wage scale, schedule of hours and conditions of employment affecting members of the bargaining unit. The purpose of this Agreement is to set forth the full and complete Agreement between the parties on matters relating to employment relations. ARTICLE I - RECOGNITION 1.1 Recognition. The City recognizes the Union as the sole and exclusive bargaining agent for all employees in the bargaining unit for the purpose of establishing hours, wages and conditions of employment which constitute "employment relations" as defined by Oregon Law. For the purpose of this Agreement, an "employee" shall be any employee employed in a position in the bargaining unit established by the Oregon Employment Relations Board and referenced in appendix A of this Agreement. 1.2 Exclusions. Managerial, Supervisory, Confidential, FLSA exempt, and Temporary and Part-Time Without Benefits employees shall specifically be excluded from the bargaining unit. For the purpose of this Agreement, a temporary employee shall be defined as an employee hired for a work assignment lasting 180 calendar days or less in any 12 month period or for a work assignment for which the specific purpose is to fill a temporary vacancy created by a regular bargaining unit employee who is on approved leave as provided for in this Agreement. A “part-time without benefits” employee shall be defined as an employee scheduled to work less than 80 hours in a calendar month, regardless of the duration of the assignment. 1.3 New Classification. If a new classification is added to the bargaining unit, the Union shall be provided with the written job description thereof and the City's proposed rate of pay. That rate shall become permanent unless the Union files a written notice of its desire to negotiate the permanent rate within 10 calendar days from the date it receives its notification of the classification. If a request for negotiations is filed by the Union, the parties shall begin negotiations within 15 calendar days. The new classification/position shall, by reference, be incorporated into this Agreement. 9.A.b Packet Pg. 20 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 2 ARTICLE II - MANAGEMENT RIGHTS 2.1 Management Rights. The City retains all the customary, usual and exclusive rights, decision- making prerogatives, functions and authority connected with or in any way incident to its responsibility to manage the affairs of the City or any part of it. The rights of employees in the bargaining unit and the Union are limited to those specifically set forth in the Agreement; and the City retains all prerogatives, functions and rights not specifically limited by the terms of this Agreement. The City shall have no obligation to bargain with the Union with respect to any such subject or the exercise of its discretion and decision-making with regard thereto any subjects covered by the Terms of this Agreement and closed to further bargaining for the terms hereof, and any subject matter which was or might have been raised in the course of collective bargaining. The exercise of the management prerogative, function or right which is not specifically modified by this Agreement is not subject to the grievance procedure or to bargaining during the term of this Agreement. Without limitation, but by way of illustration, the exclusive prerogatives, functions and rights of the City shall include the following: a. To direct and supervise all operations, functions and policies of the Department and the operations, functions and policies of the remainder of the City as they may affect employees in the bargaining unit. b. To close or liquidate an office, branch, department, operation or facilities, or combine facilities, or to relocate, reorganize, or combine the work of divisions, offices, branches, departments, operations, or facilities for budgetary or other reasons. c. To determine the need for and method of a reduction or an increase in the work force and the implementation of any decision with regard thereto. d. To establish, revise and implement standards for hiring, classification, promotion, quality of work, evaluation, safety, materials, equipment, uniforms, appearance, methods and procedures. It is jointly recognized that the City must retain broad authority to fulfill and implement its responsibilities and may do so by work rule, existing or future, oral or written. e. To implement new and to revise or discard, wholly or in part, old methods, procedures, materials, equipment, facilities and standards. f. To assign and distribute work. g. To assign shifts, workdays, hours of work, overtime and work locations. h. To designate and to assign all work duties. i. To introduce new and revise existing duties within the unit. 9.A.b Packet Pg. 21 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 3 j. To determine the need for, and the qualifications of, new employees, transfers and promotions. k. To determine the need for additional educational courses, training programs, on-the-job training, and cross-training and to assign employees to such duties for periods to be determined by the City. ARTICLE III - MAINTENANCE OF STANDARDS 3.1 Maintenance of Standards. All rights, privileges and working conditions enjoyed by members at the time of this Agreement have been codified and included in this Agreement. Any such privileges or working conditions not codified in this Agreement but which constitute employment relations as defined in ORS 243.650 (7), shall remain unchanged and unaffected during the term of this Agreement except that such conditions and/or privileges may be changed with advance notice to the Union. ARTICLE IV - UNION SECURITY 4.1 Checkoff. Any employee who is a member of the Union, or who has applied for membership, shall sign and deliver to the Union, who shall forward to the City, an original assignment authorizing deductions of dues for membership in the Union. Such authorization shall continue in effect from year to year unless revoked or changed in writing. Pursuant to each authorization, the City shall deduct such dues and initiation fees from the first pay check of said employee each month. The amounts deducted shall be transmitted within 10 days to the Union. 4.2 Hold Harmless. The Union agrees to indemnify and hold harmless the City and its agents for any loss or damage arising from the deductions in 4.1. No claims shall be filed by employees or the Union for such deductions made or not made. 4.3 New Hires. The City agrees to provide the Union written notification of new bargaining unit members within one calendar month of their date of employment. Such written notice shall be sent to the official Union address that has been provided to the City’s Human Resources Director. Such written notice shall contain the employee's name, job title, date of hire, and the mailing address provided by the employee. 4.4 Bulletin Board. The City agrees to allow suitable wall space at a mutually agreed upon place in City Hall and Public Works Shops Building not to exceed 2'X 3' each, for a bulletin board, to be used by the Union for the posting of notices and bulletins relating to the Union. The Union shall limit its posting of Union notices. Such notices shall bear the signature of the authorizing Union official. The bulletin board shall be used only for the following Union notices and bulletins: a. Recreation and social affairs of the Union b. Union meetings c. Union elections 9.A.b Packet Pg. 22 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 4 d. Reports e. Rulings or policies of the Union f. Non-derogatory communications from the Union to the bargaining unit Any notices posted outside these guidelines may be ordered removed by the City. 4.5 Right of Access. Upon request, a Union representative (Teamsters Business Agent) may be granted access to non-working areas to meet with off-duty members of the bargaining unit. 4.6 City Facilities. The Union will be accorded the use of City facilities for bargaining unit meetings in accordance with City policy for other special interest groups. ARTICLE V - UNION BUSINESS 5.1 Union Business. If the City requests a grievant's representative to meet on a pending grievance while the grievant's representative is on duty, the grievant's representative shall not suffer a reduction in regular compensation thereby, nor be entitled to overtime to compensate for time spent in such meeting. In addition, the City agrees to allow a Union steward time off without pay for the purpose of handling, investigating and processing grievances. A maximum of two hours per month will be allowed. The City's approval will be obtained before taking time off, but that approval will not be unreasonably withheld. 5.2 Union Representatives. The Union shall at all times keep the City informed, in writing, of the names of its current local officers, stewards, and negotiators. Such written notice shall be provided to the City and updated as necessary. 5.3 Collective Bargaining. Collective bargaining between the City an the Union shall be scheduled at mutually agreed upon times generally during normal business hours (M-F 8-5), provided that such times do not unnecessarily interfere with professional duties. Upon advance request, the City will grant time off without loss of pay for not more than three employees to engage in collective bargaining. It is agreed that time spent by Union members in actual bargaining shall not result in a loss of pay, nor shall Union bargaining team members receive any overtime or additional compensation directly from the City if the bargaining meetings are conducted outside of the Union member’s regularly scheduled work hours. ARTICLE VI - NON-DISCRIMINATION 6.1 Gender. All references to employees and position titles in this Agreement designate both sexes, and, while every attempt has been made to include generic pronouns or both genders, whenever the male or female gender is used, it shall be construed to include both male and female employees. 6.2 Application of Agreement. The provisions of the Agreement shall be applied to all employees in 9.A.b Packet Pg. 23 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 5 the bargaining unit without discrimination as to marital status, sex, race, color, creed, national origin, age, religion, or other protected class, or union affiliation or political affiliation. ARTICLE VII - PERSONNEL FILE 7.1 Maintenance of Personnel Files. The City agrees to separately maintain personnel and confidential/medical files and records in accordance with state and federal laws. The City agrees to maintain confidential medical information in accordance with the Americans With Disabilities Act (ADA) and Health Insurance Portability and Accountability Act (HIPAA) and agrees to maintain any other confidential information as required by any other statute requiring maintenance of confidential information. 7.2 Disclosure of Information. Excluding internal personnel administration, material in an employee’s personnel file shall only be disclosed as allowed or required by state and federal law or as authorized by the employee. 7.3 Viewing of Files. Each employee shall have the right, upon request, to review and obtain, at his/her own expense, copies of the contents of his/her personnel file, exclusive of materials received prior to the date of employment with the City. 7.4 Representation. A representative chosen by the employee may, upon the employee’s written authorization, review an employee’s personnel file and/or accompany the employee in this review. 7.5 Employee Signature and Response. Each employee shall have the opportunity to read any written material of a derogatory nature that is placed in his/her personnel file. Disciplinary notices, performance appraisals, or other similar material that, once included in the employee’s personnel file, is likely to have an adverse effect on an employee’s reputation or employment status shall be acknowledged, signed and dated by the employee within 14 calendar days of the employee receiving the document. All materials addressed in this Section and requiring the employee’s signature shall bear a statement stating, in effect, that signing acknowledges receipt of the document but does not necessarily indicate agreement. For 30 calendar days after the employee has signed acknowledging receipt of the document(s), the employee reserves the right to include in the file a written response to such material, and this response shall be attached to the material in question and become a part of the employee’s file. If an employee refuses to acknowledge the document by signing as instructed, the City shall make a note on the document to the effect that the employee refused to sign and place the document in the personnel file. By refusing to acknowledge receipt of the document, the employee shall waive any right to provide a written response or request the document be removed in the future pursuant to 7.6. 7.6 Adding and Removing Documents. Except as otherwise waived in 7.5, an employee shall have the right to include in their personnel file any material or information considered relevant to that employee’s employment with the City. 9.A.b Packet Pg. 24 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 6 Employees may request that written reprimands over two years old be removed from their file. Such requests must be made in writing to the City Manager or his/her designee, and shall include the specific document(s) the employee is requesting be removed, and the reason(s) why the employee believes the document(s) should be removed. The City Manager shall investigate and respond to such requests. Written reprimands shall not be removed from the employee's personnel file, if less than two full years has not passed since the acknowledgement date on the document, other disciplinary action displaying an ongoing pattern of behavior has been imposed during that period, or the reprimand is for an act of workplace violence, harassment, or discrimination. Any documents removed pursuant to this section shall be retained in a separate file, if necessary, to comply with records retention requirements under ORS 166-200-0090. ARTICLE VIII – PROBATION 8.1 Probationary Period. Every new employee hired into the bargaining unit shall serve a probationary period of 12 months of employment. The Union recognizes the right of the City to terminate probationary employees for any reason. 8.2 Promotional Probationary Period. Employees promoted to a higher classification shall serve a promotional probationary period of six continuous months. The Union recognizes the right of the City to demote an employee on promotional probationary status to his/her previous position. The employee will be allowed to voluntarily return to their previous position during the first three months of the promotional probationary period. Demotion of an employee on promotional probationary status shall not be subject to the grievance procedure and such demotion shall not be considered a disciplinary action. An employee demoted during a promotional probationary period shall be placed on the pay scale at the classification and step the employee was at prior to the promotion, except that any length of service increases the employee would have received had they not been promoted shall be granted to the employee on return to their previous position. ARTICLE IX – SENIORITY 9.1 Definition. Only regular, non-probationary employees shall have seniority. Seniority shall be counted from the day of hire, but granted only after completion of the probationary period of 12 months and shall thereafter be established as follows: the employee's length of continuous service in the job classification shall be referred to as “job classification seniority” and continuous service from the last date of hire within the bargaining unit shall be referred to as “bargaining unit seniority.” All seniority shall be terminated if the employee: a. Quits b. Is discharged c. Is laid off and fails to respond to written notice as provided in Article 10, Section 8 d. Is laid off for a period of time greater than 18 months or a period of time equal to his/her 9.A.b Packet Pg. 25 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 7 bargaining unit seniority, whichever is shorter e. Fails to report to work at the termination of a leave of absence f. While on leave of absence accepts employment without permission g. Retires h. Accepts a position outside the bargaining unit, other than during a promotional probationary period as outlined in Section 8.2. 9.2 Seniority List. The City will provide to the Union an updated bargaining unit seniority list each July. 9.3 Application of Seniority. Seniority shall apply in layoff and recall and vacation and other requests for time off. 9.3.1 Layoff and Recall. If employees in the same position are being considered for layoff or recall, seniority within the job classification and bargaining unit shall govern in accordance with Article 10.4 and 10.8. 9.3.2 Vacation and Time Off Bidding. Employees with the most bargaining unit seniority shall have first choice in vacation requests. In the event two employees have the same bargaining unit seniority, a coin flip or other mutually agreed upon method of selecting order shall be used. Seniority shall only be used to determine the order for requesting vacation and shall not supersede department rules regarding requesting vacation or time off. See Article 15.2 Vacation Selection. Employees returning to the bargaining unit following recall from layoff shall have vacation selection determined on the basis of total bargaining unit seniority. All vacation and time off requests must be approved in advance. ARTICLE X – LAYOFF AND RECALL 10.1 Layoff. A layoff shall be defined as a reduction in force when a position(s) is eliminated or staffing is reduced and the affected employee(s) cannot be reassigned to a vacant position in the same pay level and same full time equivalency (FTE). 10.2 Notice. Employees who are identified for layoff shall receive 30 calendar days advance written notice or pay in lieu thereof. 10.3 Eligibility for Layoff Status. Only regular employees who have completed their probationary period and have received a layoff notice shall be eligible for layoff status. Probationary employees shall not be eligible for layoff and recall. Layoff and recall status shall be limited to a maximum of 18 months for recall to one’s previous position and 12 months for recall to a vacancy in a position other 9.A.b Packet Pg. 26 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 8 than the employee’s previous position. In no case shall layoff and recall status be longer than the employee’s bargaining unit seniority time. 10.4 Layoff Procedure. Seniority shall govern in the matters of layoff as follows. a. Written notice as set forth in 10.2 will be given to the least senior employee(s) in the position(s) identified for layoff. The notified employee(s) will also be provided with information about which positions are potentially eligible for bumping based on seniority and classification level. b. The notified employee(s) will have 10 calendar days to notify the City, in writing, of their decision to not invoke bumping rights, or to invoke bumping rights and identify which position s/he chooses to bump. If the City determines that the employee is not qualified to bump into the position, the employee may choose a different eligible position, if available, or elect to not bump. c. If the notified employee elects to not invoke his/her bumping rights, or is unable to bump due to lack of qualifications or lack of eligible positions, the employee shall be entitled to receive one additional month of pay, will be eligible for reimbursement of one month of COBRA health insurance premiums paid by the City, and shall be placed on layoff status. 10.5 Bumping Procedure. An employee who invokes bumping rights shall be required to bump the least senior employee of a pay grade equal to or lower than the bumping employee for which the bumping employee is qualified. Bumping rights shall be limited to bumping only the least senior employee in a given pay grade and shall not include the ability to select from other positions for any reason, including pay, preference, or qualifications. An employee who has bumped into another position shall retain recall rights to their former position in accordance with 10.8. 10.6 Qualifications, Knowledge, Skills and Abilities. Qualifications, knowledge, skills and abilities shall include, but are not limited to, an employee’s ability to perform the duties of the job, as described in the current position description, to the City’s standards and satisfaction, without further training or trial period beyond 30 calendar days. a. Training or a trial period does not include minimal orientation on a job. Experience in a job, job duties obtained through temporary assignment, or performance of a job through previous employment shall not, of itself, indicate that the employee has the qualifications, skills and ability to perform the work. b. The City shall be the sole judge of an employee’s qualifications to perform the required work except that any determination shall not be arbitrary or discriminatory. 10.7. Change in Pay. An employee who bumps into a position in the same pay grade will remain at the same step and pay level. Employees bumping into lower pay level positions will be placed on the 9.A.b Packet Pg. 27 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 9 pay scale of the lower grade and their pay will be adjusted to the amount of the step in the new grade closest to, but not more than, their previous pay and the change shall be effective the first day of the first full pay period following the job change. An employee who had not attained step F in their former position shall not be eligible for step F in the new position until such time as the employee would have been eligible in the prior position. 10.8 Recall from Layoff. Employee(s) on layoff status pursuant to this Agreement shall have recall rights to a vacancy in their former position for up to 18 months. Notice of recall shall be made by certified mail sent to the last mailing address provided to the City by the employee. The following restrictions and conditions shall apply to recall: If the laid off employee’s former position becomes vacant while the employee is on layoff status, a recall notice will be sent to the laid off employee. In the event more than one employee has been laid off from the same position, recall shall be in order of seniority, with the employee with the most bargaining unit seniority receiving the first recall notice. For the purpose of this section, an employee who has bumped into another position shall be considered to have recall rights to their former position. a. An employee may be required to demonstrate that they still possess the qualifications, knowledge, skill and ability required for the position prior to reinstatement to their former position if more than 6 months has passed since they were laid off. b. If an employee rejects recall to their former position or fails to report to work within 14 calendar days of such notice, the employee will forfeit all seniority, layoff status, and further recall rights. For 12 months from the date of layoff, employees who are on layoff status and not working for the City in another capacity shall be notified of any bargaining unit vacancy that arises in a position in a grade equal to or lower than their previous position. The laid off employee will be given priority consideration for the position with the following conditions and restrictions: a. A notified employee on layoff status wishing to be considered for such vacancy must notify the City, in writing, within 10 calendar days of being notified of such vacancy. b. The employee must be able to demonstrate that they possess the necessary qualifications, knowledge, skills and abilities to satisfactorily perform the work, as determined by the City. c. Preference for consideration will be given in order of bargaining unit seniority at the time of layoff. 9.A.b Packet Pg. 28 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 10 ARTICLE XI - HOURS OF WORK AND OVERTIME 11.1 Work Week. The basic work week shall be from 12:01 A.M. Sunday through midnight Saturday and shall consist of 40 hours during the seven day period. The regular work week shall consist of eight consecutive hours for five consecutive days or 10 consecutive hours for four consecutive days or any configuration that falls within the defined basic work week that is mutually agreed to by the affected employee and the department director. Time spent outside of scheduled work hours checking and/or responding to emails, text messages or phone messages shall not be considered compensable work time unless the employee is specifically directed by a supervisor to perform such duties outside of scheduled work hours or where otherwise addressed in the Agreement. 11.2 Workday. The workday shall consist of an 8-hour day or a 10-hour day within a 24 hour period, including rest breaks but exclusive of the meal period. Employees shall not be scheduled to work with less than 8 hours between shifts unless an emergency exists which includes storm events. Each employee shall be scheduled to work a regular schedule. Except in the case of emergencies which include storm events, employees shall be given at least four calendar days’ notice of any changes to his/her work schedule. Workday modifications can be made upon mutual agreement. 11.3 Overtime. Required overtime shall be paid at 1½ times the regular hourly rate for all hours worked in excess of 40 hours during the basic work week or in excess of a regular scheduled shift (i.e., more than 8 or 10 hours). An employee scheduled in advance to work overtime which is not annexed to his/her regular work shift shall receive a minimum of thirty minutes compensation at the overtime rate. Overtime must be approved in advance. 11.4 Flex Time. With advance notice and approval from the supervisor, a full-time employee may request to flex their regular work schedule on an occasional basis. Time off for personal business may be granted, provided the employee works an equal number of hours during the same workweek to make up for the time off. a. Flex time shall normally not exceed 5 hours per week. b. All flex time hours shall be made up within the same workweek as the time off taken. c. Hours worked by an employee because they have exercised flex time as set forth in this Section shall not be counted as hours worked for the purpose of computing overtime work and no overtime or comp time shall accrue for “make up” hours worked in excess of a regular scheduled shift as set forth in 11.3. d. The time off and make up time must be taken and worked by the employee as scheduled and approved by the supervisor. If an employee has already worked the extra time in anticipation of 9.A.b Packet Pg. 29 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 11 taking approved time off that is later denied by the supervisor, the employee shall be compensated for any overtime hours actually worked in excess of 40 hours in the workweek in accordance with Section 11.3. e. Failure of an employee to make up time as agreed shall result in a loss of pay for the hours not worked, except that the employee may be allowed to substitute accrued paid vacation or comp time in lieu of a loss of pay. f. Abuse of flex time may result in denial of future requests. g. Flex time requests shall be initiated only by the employee and nothing in this Section shall be used to circumvent the City’s obligation to pay overtime in accordance with Section 11.3. 11.5 Compensatory Time. An employee may elect to receive compensatory time (comp-time) in lieu of overtime pay as the form of compensation for any approved overtime worked. Comp-time shall accrue at a rate of 1½ the overtime hours actually worked with accrual balances reflecting the number of hours available to the employee. Accrued comp-time shall be paid at the regular rate of pay. Compensatory time may be accumulated to a maximum of 80 hours. Any overtime hours worked beyond the 80 hour limit shall be paid at the employee’s overtime rate. At the end of the fiscal year, comp-time balances may be paid off, at the City’s option, at the employee’s straight-time hourly rate. If an employee changes to a higher job classification, the City may, at its option, pay off any comp-time balance at the employee’s pay rate prior to changing positions. Comp-time shall be taken off at times mutually agreed upon, subject to the operating needs of the department. 11.6 Rest Periods. A paid rest period of 15 minutes shall be permitted for all employees during each half shift (one break for each four hour segment), in accordance with established City standards, the operating requirements of each employee's duties, and needs of the City. No employee shall be denied the opportunity to take one rest break during each half shift. 11.7 Meal Periods. Employees shall be granted an unpaid meal period of at least 30 minutes, but not more than one hour, during each work shift of more than six consecutive hours. Meal periods shall be regularly and consistently scheduled from day to day and scheduled in the middle of the employee's work shift, or as near thereto as possible. The specific time and duration of the meal period shall be at the discretion of the supervisor, consistent with the operational needs of the City, but with consideration given to employee preference. Employee-requested changes to the duration of meal periods shall not cause the city to incur overtime costs (i.e., if an employee normally has a 60 minute lunch but requests to take a 30 minute lunch, they would adjust their workday by 30 minutes rather than incurring 30 minutes of overtime). 11.8 Call Back. If an employee is unexpectedly called back to work more than one hour after the end or more than one hour before the beginning of a day’s work shift, the employee shall receive a minimum of 2 hours of pay at the overtime rate. This section does not apply to scheduled overtime or 9.A.b Packet Pg. 30 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 12 time annexed to the beginning or end of the work shift. If an employee is called during non-work hours to provide assistance or information that can be handled without physically responding (i.e., can be handled over the phone or via remote computer access), the employee shall be compensated at the overtime rate for the actual time spent responding, but shall receive a minimum of 30 minutes of pay at the overtime rate, provided the call is for legitimate business purposes. 11.9 Safety Release & Safety Release Pay. Safety Release provides the employee with eight hours off work before being required to return to work if the employee has worked 16 or more hours without at least eight hours off. Prior to working 16 or more hours without an eight hour break before the next regularly scheduled shift, the employee shall make the supervisor aware that the employee believes his/her current work assignment may result in the employee becoming eligible for Safety Release. Safety Release Pay compensates the employee for hours the employee is normally scheduled to work until eight hours of Safety Release has been satisfied. Safety Release Pay is not paid if the employee does not complete their scheduled shift in which they use more than 2.5 hours of accrued leave at the end of their shift. Safety Release Pay is not paid at the end of the employee’s last scheduled shift of their workweek if using more than 2.5 hours of accrued leave at the end of the shift. Once an employee has returned to work after Safety Release, the clock begins again for counting hours. Safety Release Pay does not count as “hours worked” for calculating overtime. 11.10 On-Call Status. Public Works employees in the Water Division who meet the established criteria posted by the Public Works Director shall be required to select, by descending City seniority, one week of on‐call duty for the upcoming year. After each employee has selected one week, the process will be repeated until an on‐call employee is scheduled for each week. Each employee on the on‐call rotation schedule shall be designated as on on‐call status for a period of one week beginning at 8:00 a.m. on Tuesday. The on‐call employee shall only be eligible for on‐call compensation for times other than during the regular workday. Employees on‐call shall be required to carry a City‐issued communications device, remain fit for duty, and be able to report for work within 45 minutes. 11.10.1 Pay for on-call. Such on-call time shall be compensated as follows: a. $300 for one full week that does not include any holidays. Daily rates of compensation shall be $75 for each Saturday and Sunday and $30 for each day Monday through Friday. b. An additional $120 of pay for any scheduled holiday listed in Section 16.1 and observed during the regular work week except (k), day before Christmas day, December 24, and (l) floating holidays. 11.10.2 Comp-time in lieu of pay. An employee may elect to receive comp-time in lieu of on- call pay. 9.A.b Packet Pg. 31 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 13 a. 18 hours of comp-time shall be added to the employee’s comp-time balance for each full week that does not include any holidays. Daily rates of comp-time compensation shall be 4.5 hours for each Saturday and Sunday and 1.8 hours for each weekday. b. An additional 6 hours of comp-time shall be added to the employee’s comp-time balance for any scheduled holiday listed in Section 16.1 and observed during the regular work week, except (i) day after Thanksgiving Day, (k) Christmas Eve, December 24, and (l) floating holidays. The employee may elect to take part of the compensation in pay and part as comp-time. 11.10.3 Substitutions. An employee scheduled for on-call duty may, upon approval of his/her supervisor, have another qualified employee serve the on-call duty in his/her place. The scheduled employee and his/her substitute shall be compensated at the daily rates(s) specified above for the actual dates of on-call service. The City may deny a request based on business necessity and, unless arbitrary or capricious, such denial shall not be subject to the grievance procedure. Employees who are required to respond to a call out during their on-call rotation shall be compensated in accordance with Article 11.1, 11.3, and 11.4, Hours of Work and Overtime in addition to the on-call pay in 11.10.1 and 11.10.2, except that 15 minutes of response time shall be added to the total time worked as defined below if hours worked are greater than two hours. Actual time worked shall be counted from the time of arrival at the corporation yard and end when the job is completed, including filing necessary paperwork and locking up the facilities. Employees responding to calls shall work in the most expedient manner possible to minimize the total call out time while maintaining an acceptable level of service. The on-call employee will be required to take a city-owned electronic device (such as a laptop or iPad) equipped to respond to SCADA alarms. In the event of a SCADA alarm, the on-call employee will first respond to the alarm using the electronic device (as opposed to responding to the city facilities). If the alarm does not require a response to city facilities, the employee will be compensated for the time spent responding to the alarm electronically, except the minimum compensation time shall be 30 minutes. Personal use of the city-owned electronic device(s) shall be strictly prohibited. All Public Works employees who are eligible for on-call rotation status shall receive, sign, and agree to abide by on-call restrictions and expectations. Employees failing to adhere to restrictions and expectations shall be subject to disciplinary action and may be removed from or suspended from the on-call rotation for a period of time to be determined by the circumstances of the violation. An employee on restricted/light duty shall not be eligible for on-call rotation until such time as the employee has submitted a full release with no restrictions. 11.11 Special Events. Parks/Public Works Operations staff (see 11.12 Residency) who are not eligible to be On-Call under paragraph 11.10 On-Call Status shall be given the opportunity to sign up for Special 9.A.b Packet Pg. 32 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 14 Events, based on descending City seniority, prior to those eligible to be on-call. 11.12 Residency Requirement. An employee for Parks/Public Works Operations (Utility Laborer, Utility Worker, Senior Utility Worker, Parks Maintenance Worker, Customer Service Technician, Foreman, Equipment Maintenance Technician and Parks Lead) within 180 days of his/her date of hire shall establish residence no more than a 45 minute response time from the City Service Center. Employees hired prior to November 1, 2019 are deemed to be in compliance of this requirement; thereafter, any employee establishing a new residence must be within 45 minute response time under usual driving conditions. ARTICLE XII – COMPENSATION 12.1 Pay Schedule. Appendix A, attached hereto, and by this reference incorporated into and made part of this Agreement. 12.2 Pay Periods. Employees shall be paid on the regularly established pay dates each month. Pay day shall be the last working day prior to the established pay date when those days fall on a weekend or holiday. Any change to currently established pay dates shall require one year’s written notice to the union and subsequent notification to bargaining unit members. Additional pay such as vacation sellback will be included in the regular paycheck. 12.3 Steps. The letters A, B, C, D, E, F denote the steps in the pay range. The entrance step shall be A, except by special approval of the City. Advancement to the next Step shall be made upon successful completion of the 12 month probationary period. Thereafter, eligibility for advancement to steps B through F shall require one full year of service in the lower step of the range. All step increases shall be made on the basis of a recommendation and written authorization of the Department Head. 12.3.1 Step G. Effective July 1, 2019, the pay scale in Appendix A will be revised to add a Step G. The amount designated for Step G shall be 5% more than Step F. Employees who have been at Step F for at least one year shall move to Step G on July 1, 2019 upon written recommendation and authorization from the Department Head. Thereafter, eligibility for advancement to Step G shall require the completion of one year of service at Step F and written recommendation and authorization from the Department Head. An employee shall not be eligible for Step G pay as a result of a change in job classification in 12.4, however if the job change results in a move to Step F in the new classification, the employee will be eligible for Step G, upon recommendation of the Department Head, after one year in the new classification. 12.4 Changes in Position and/or Grade. When an employee’s job classification changes, resulting in a move to a higher or lower grade, changes in pay shall be as follows: 9.A.b Packet Pg. 33 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 15 12.4.1 Change to a Higher Grade. When an employee moves to a job classification in a higher grade, the employee shall be placed in the new grade at the step closest to, but not less than the employee’s previous step amount. If this results in a move that is less than 3% more than the employee’s previous step amount, the employee shall be moved one additional step. The employee’s movement on the pay schedule steps shall be adjusted to reflect the date of any such change (for example, if an employee had been at Step C of Grade 4 then changed to Step B of Grade 5, they would move to Step C of Grade 5 twelve months later). 12.4.2 Change to a Lower Grade. a. Change due to employer-driven reasons: When an employee’s job classification changes to a lower grade due to an employer-driven reason such as reorganization or restructuring of the position, the employee shall be placed in the new grade at the step closest to, but not more than, the employee’s previous step’s amount, and “frozen” at their current pay amount until such time as the pay scale “catches up to” the “frozen” pay rate. The City may conduct a salary study for any position which has had its pay frozen for two years, after which the employee’s pay rate shall be adjusted to the rate reflected in the salary study. b. Change due to employee-driven or -related reason: When an employee’s job classification changes to a lower grade due to an employee-driven or employee-related reason such as a disciplinary demotion or restructuring of a job in conjunction with performance management efforts, a job transfer based on performance or discipline or at the request of the employee, or demotion from a promotion during the promotional probationary period, the employee shall be placed in the new grade at the step closest to, but not more than, the employee’s previous step’s amount and the pay shall be adjusted to the lower rate on the first day of the first full pay period following the demotion. An employee who has not been granted Step F shall not be eligible for Step F as a result of a change in job classification until such time as the employee has served at least one full year at Step E of the new range, except by special approval. 12.5 Acting in Capacity or Interim Status Pay. When, at the express directive of the Department Head or his/her authorized designee, an employee serves in the capacity of an employee in a higher classification on a short-term basis, the employee shall be deemed as “Acting in Capacity” and paid as follows: 12.5.1 Acting in Capacity. When a bargaining unit employee fully takes on the duties of another higher level bargaining unit employee, in place of their own job duties, for a period of one full day or more, that employee shall be compensated for any full day(s) fully served in the interim position at the pay grade of the interim position, placed at the lowest step in that grade that is not less than 5% more than the employee’s current grade and step. 9.A.b Packet Pg. 34 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 16 12.5.2 Interim Non-Bargaining Unit Position. When a bargaining unit employee takes on significant additional duties in the absence of the Department Head or other management position for a period of more than one full day, that employee shall be compensated with a 10% percent pay increase for the day(s) they performed the additional duties. 12.5.3 Temporary Assignment Lead (TAL). When an employee is assigned by a department head, or designee to coordinate, direct, and monitor the work of four or more employees (full-time, part- time, seasonal, or temporary) for a week or more, the employee shall receive 5% above his/her current wage for the duration of the assignment. The Temporary Assignment Lead is responsible for directing, coordinating, monitoring and checking the work of the employees over whom the TAL is assigned. The TAL is also responsible for providing the majority of training and providing feedback to the supervisor regarding employee performance. The TAL is also responsible for the quality and quantity of work performed by the assigned employees. The TAL is not responsible and has no authority to approve leave, discipline, hire, terminate or perform formal evaluations of employees. The persons assigned as the Temporary Assignment Lead shall perform in such capacity in addition to the other duties of their normal assignment. 12.5.4 Exceptions and Limitations. This Section shall not apply to employees who merely absorb incidental duties of another employee. The City reserves the right to make interim and acting in capacity assignments in accordance with Article 2, Management Rights. Interim and acting in capacity assignment decisions shall not be subject to the grievance procedure. 12.6 Certification and Licensing Fees. The City will pay for job-related employee certification and licensing fees that are required for the position after the date of hire, except when attainment of such certifications or licenses was specified as a condition of employment in the job description at hire. The City will pay for recertification and license renewal fees for required, job-related certifications and licenses. The City may, at its option, pay certification and/or licensing fees, and recertification and/or license renewal fees that are job-related but are not required for the position, with prior written approval of the Department Head. The City will pay travel expenses associated with approved certification and licensing, or recertification or license renewal, including required continuing education units (CEU), testing, etc. However, all such expenses must be approved, in advance, and may be limited to the most cost effective and prudent option. For example, if CEUs are available via on-line delivery, a request to travel to out of town training may be denied, or if training is offered locally at a later date, out of town training on a more convenient date may be denied. Fees and travel expenses shall normally be paid by the City only once. If the City pays fees or travel expenses for an employee pursuant to this section and the employee fails to attend the training for reasons other than reasons beyond the employee’s control, or fails to successfully complete the course or pass an exam, the City may deny a request to pay such fees or expenses for the employee to re-take a course or exam. 9.A.b Packet Pg. 35 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 17 For employees who work in a position for which a commercial driver’s license (CDL) is required or preferred, the City shall reimburse the difference between the cost of obtaining/maintaining a class A or B CDL and a class C driver’s license. The city shall pay the cost of required medical and/or drug tests required to obtain/maintain the CDL, except such costs shall be limited to not more than one medical exam and one drug test per year. This limit applies to medical certification/testing for CDL application or renewal. The cost of drug testing as part of the City’s DOT random drug testing program will be paid by the City and is not limited by this section. 12.7 Certification Pay. Bargaining unit employees shall be eligible for additional compensation, as set forth in this Section, for possession of certain job-related certifications or licenses beyond that which have been established as required for the position and/or have been taken into consideration in determining the pay level of the position. Eligibility for certification pay shall be dependent upon maintaining the certification. In the event a certification expires the employee shall forfeit the certification pay until proof of re-certification is provided. It is the employee’s responsibility to provide appropriate documentation of certification and recertification to Human Resources. Such documentation shall indicate the name of the certification, the granting authority, the date awarded and the expiration date. Certification pay shall commence on the first day of the first full pay period following receipt of documentation by Human Resources, regardless of the date the certification was awarded. In the event a certification expires the employee shall forfeit the certification pay until such certification or renewal is provided. If proof of re- certification is provided following a lapse in time, the incentive shall resume on the first day of the next full pay period after receipt of re-certification proof is received in Human Resources. 12.7.1 Qualifying Certifications. In order for a certification to qualify under this section, it must: a. Be awarded by a third-party, standard-setting organization (as opposed to an educational or training program), b. Result from an assessment process, c. Signify competency/mastery of a set of standards, usually by application or exam (standards are set through a defensible, industry-wide process such as job analysis/role delineation that results in an outline of required knowledge and skills), d. Have on-going requirements in order to maintain certification (holder must demonstrate s/he continues to meet requirements and documentation must specify the certification period and expiration date), and e. Provide a meaningful cost savings benefit to the City resulting from the ability to provide additional or improved services in-house that would otherwise have to be contracted out. 9.A.b Packet Pg. 36 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 18 Commercial Bldg Inspector $200 Flood Plain Manager $100 Plumbing Inspector $100 ISA Arborist $100 Electrical Inspector $100 Municipal Arborist $150 Water Distribution Level 1 $ 45 Public Pesticide Applicator License $ 75 Water Distribution Level 2 $ 75 ODOT General Inspector $ 75 Water Distribution Level 3 $125 Cross Connection Specialist $ 45 Water Distribution Level 4 $175 Playground Safety Inspector $ 75 12.8 Certificate Compensation. Upon completion of certain job-related certificates that do not meet the criteria of certifications under 12.7, but are determined to be of value to the city, a one-time payment shall be made to the employee in the form of additional compensation. Notwithstanding, employees who are currently receiving the additional monthly certificate pay shall continue to receive said pay at the same amount monthly and not be eligible for the one-time payment for an existing certificate or additional level of the existing certificate. ODOT Road Scholar (per level) one-time payment of $250 upon receipt of certificate Microsoft Office User Specialist one-time payment of $100 upon receipt of certificate 12.9 Other Certifications and Certificates. Only the certifications and Certificates listed in this Section shall qualify for additional pay. If an employee believes that a certification or certificate not included in this Section should qualify for additional pay, the employee shall submit a properly completed “Request for Consideration of Certification Pay” form to Human Resources. The decision to allow or disallow the certification or certificate and the amount of incentive pay, if any, assigned shall be final unless the Union files a written notice of its desire to negotiate the decision and/or rate within 10 calendar days from the date the employee receives notification of the decision. If a request for negotiations is filed by the Union, the parties shall begin negotiations within 15 calendar days. The results shall, by reference, be incorporated into this Agreement. 12.10 Certification and Certificate Pay Limitations. Certification or certificate pay shall not pyramid for possession of different levels or titles of the same or similar types of certifications (for example, if an employee has Water Distribution certifications in levels 1 and 2, they will only receive the certification pay for level 2; if an employee has both ISA and municipal arborist certification, they will only receive certification pay for the municipal arborist). 12.11 Bilingual/Sign Language Pay. Employees who are determined to be fluent in Spanish or competent in sign language, as certified by an instructor approved by the City, shall receive an additional $150 per month added to the base pay. Bilingual/Sign Language pay shall commence on the first day of the pay period following receipt of the competency certification in the Human Resources Department. 12.12 Educational Incentive. Bargaining unit employees shall receive additional compensation added to the base pay as set forth below for possession of college degree/certificate(s) in excess of the level which has been established as the minimum requirement for their position. The degree/certificate must 9.A.b Packet Pg. 37 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 19 be earned from a regionally accredited educational institution and an unopened official transcript verifying the degree/certificate must be provided, at the employee’s expense, to HR. Degree pay shall commence on the first day of the first full pay period following receipt of the official transcript in Human Resources, regardless of when the degree is conferred. Only one degree/certificate at any one level shall be compensated, regardless of the number of degrees/certificates an employ may actually have (i.e., possession of both a bachelor of arts in geography and a bachelor of science in math shall be considered having a degree at the bachelor’s degree level), and degrees/certificates shall not pyramid (i.e., an employee with both an Associate’s degree and a Bachelor’s degree, shall only be compensated for the Bachelor’s degree). 1-year certificate $ 50.00 per month Bachelor’s degree $200.00 per month Associate’s degree $100.00 per month Master’s degree $300.00 per month If the city has reimbursed an employee under city policy or a collective bargaining agreement for tuition expenses for coursework used to obtain a college degree/certificate, commencement of any education incentive pay under this Section shall be delayed until such time as the aggregate monthly incentive amount forfeited equals at least 75% of the amount of tuition reimbursement the employee received in the previous 12 months. 12.13 Maximum Additional Pay. The maximum additional compensation any individual employee shall be eligible to receive in the form of any combination of incentive, including education, bilingual incentive and certification pay shall be $400 per month. 12.14 PERS Contribution. The City will continue to participate in the Oregon Public Employees Retirement System (PERS) or its successor as determined by the State of Oregon for the life of this Agreement. The employee’s 6% contribution shall be paid by the City. If the employee’s contribution increases during the life of this Agreement, the parties agree to reopen this Section of the Agreement and bargain the change. 12.15 Deferred Compensation. Employees shall be allowed to participate, through payroll deductions, in the deferred compensation program offered through the City. ARTICLE XIII – CLOTHING 13.1 Clothing. All employees are required to dress appropriately for the work assignment. The City may set dress standards and expectations, provided such standards and expectations are work-related and not discriminatory. Each employee is responsible for providing and maintaining their own clothing, except as set forth in the Agreement. 13.2 Safety Clothing. Employees who work in positions that subject them to hazardous outdoor working conditions (parks and public works maintenance crews) shall be provided shirts and jackets that meet traffic safety specifications. Employees will be responsible for cleaning items that can be 9.A.b Packet Pg. 38 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 20 laundered using a household washer and dryer. 13.3 Clothing Allowance. Employees who work in positions that subject them to excessive dirt or conditions likely to cause excess damage to pants (parks and public works maintenance crews) shall receive an annual clothing allowance to offset the cost of replacing and maintaining these items. The clothing allowance shall be $150 per year paid, as compensation, in equal installments of $75 on the first paycheck in July and January. New employees will receive a prorated amount on their first paycheck. 13.4 Boots. If an employee is required to wear a steel toed safety boot or particular type of shoe or boot as a condition of employment, an appropriate boot or shoe will be provided, maintained, and stored by the City and shall be worn solely for City work purposes. The City shall provide, at no cost to the employee, replacement boots or shoes as necessary, provided the replacement is required because of reasonable wear and tear and not due to negligence or mistreatment, the employee certifies that the boots or shoes were worn solely for City work purposes, and the employee surrenders the worn out boot or shoe to the City. The City shall be the sole determiner of what is the appropriate boot or shoe for the assignment and shall have the right to determine the make, model, price limit and vendor of all boot or shoe purchases. Additionally, boots purchased in accordance with this Article shall be considered required safety wear and employees are required to wear the boots. The City shall make equipment and supplies to clean and maintain boots available to employees covered under this section equipment and supplies to maintain boots. All boots, equipment and supplies shall be kept on the City’s premises during non-work hours. 13.5 Boot Eligibility. Only employees in job classifications that have been determined to require specific footwear for safety or exposure to adverse walking conditions, as determined by the City, shall be eligible for the boots in 13.4. ARTICLE XIV - EXPENSE REIMBURSEMENT 14.1 Educational Reimbursement. All bargaining unit employees shall be eligible for education reimbursement under the provisions of the City’s personnel policies and procedures. 14.2 Travel Expenses. When an employee is required, or otherwise authorized, to travel outside of Jackson County on City business, reimbursement for, or payment of, expenses incurred shall be determined in accordance with City policy except as follows: a. Prior to traveling outside the City, the employee shall obtain approval for the trip and the mode of travel from the department head. b. Travel on official business outside Jackson County shall normally be via public carrier, rental vehicle, or City-owned vehicle. If an employee requests and is authorized to use a private vehicle for convenience or personal preference when City-provided or approved transportation 9.A.b Packet Pg. 39 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 21 was available, mileage reimbursement shall be paid at 75% of the current IRS rate. When an employee uses their personal vehicle at the request of the city, mileage reimbursement shall be paid at the current IRS rate. This rate is all inclusive and covers all travel expenses including vehicle, fuel, maintenance, oil and other fluids, tires, storage, insurance and any other vehicle- related expenses. Necessary parking expenses directly related to the business purpose of the trip, as opposed to personal preference or expediency, shall be reimbursed separately, with proper documentation and authorization. 14.3 Meals. Reimbursement for or payment of meals eaten while on official trips shall be limited to the amount of actual and reasonable expense incurred during the performance of official duty as a City employee for the City's benefit. The following rates will be considered maximum amounts for travel expenses unless specifically authorized by the department head: Breakfast $10.00 Lunch $13.00 Dinner $21.00 The total allowable amount for three meals per day will be $44.00. If an employee’s approved travel involves more than one meal due to the actual length of the trip, the employee can spend up to the authorized total amounts at their discretion as long as the total expense for the allowable meals does not exceed the aggregate amount allowed for those meals. Meals included in the cost of lodging (i.e., breakfast), or included in the cost of event registration, shall not be compensated for twice. Employees electing to not participate in such included meals shall be personally responsible for any additional meal expenses. Snacks or “coffee breaks” are not considered meals and not covered under this section. 14.4 Lodging. Employees traveling in accordance with this Section shall be approved for reasonable actual costs for lodging. 14.5 Use of Purchasing Card. Employees shall use their city-issued purchasing card to pay for approved travel expenses including registration, lodging, air fare, fuel for rental or city-owned vehicles, and authorized meals. Itemized receipts accounting for all purchasing card transactions shall be submitted in a timely manner. The purchasing card is not to be used for fuel for personal vehicles. 14.6 Gym/Weight Management membership Reimbursement. The City will reimburse employees up to twenty-five dollars ($25.00) per month towards membership in a recognized fitness club or weight loss program they are active participating in. Employees will only submit reimbursement requests for months they were an active participant. Reimbursements will be made quarterly through payroll provided they submit itemized receipts within six months. 9.A.b Packet Pg. 40 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 22 ARTICLE XV - VACATION 15.1 Accrual. Paid vacation leave shall accrue semi-monthly on the following basis for full-time employees: Service Time Monthly Accrual Annual Accrual Maximum Accrual 0 – 5 Years 6 ⅔ Hours 80 Hours 160 Hours 5 – 10 Years 10 Hours 120 Hours 240 Hours 10 – 15 Years 13 ⅓ Hours 160 Hours 320 Hours 15+ Years 16 ⅔ Hours 200 Hours 400 Hours 1. Vacation leave shall accrue on a semi-monthly basis based upon the employee's date of hire. 2. New, probationary employees that resign or are terminated during the first six months of employment will not receive a vacation payout. 3. Vacation leave is available for use on the first day following the end of the pay period for which it was accrued and may not be taken in advance or in anticipation of accrual. 4. Vacation leave accrual shall be prorated for the pay period during any leave of absence without pay, while using donated leave or during a lay off status. 5. Part-time bargaining unit employees shall accrue vacation leave in direct proportion to full time equivalency. For example, an employee working half time would accrue vacation at 3⅓ hours per month for 0 to 5 years, 5 hours per month for 5 to 10 years, etc. 6. An employee shall receive a one-time award of 40 hours of vacation added to his/her vacation accrual balance on the anniversary date of twenty years of service. 15.2 Selection. Employees shall have the right to determine vacation times, subject to scheduling required for public service based upon the needs of an efficient operation, the availability of vacation relief, and the City's right to arrange scheduling so that each employee has an opportunity, if s/he chooses, to use at some time during the calendar year the full amount of the vacation credit which s/he could accumulate in 12 months of continuous service. Absent specific operational needs, as long as at least four crew employees in the Public Works Operational division are scheduled to work, vacation requests for other Public Works employees shall be approved. Vacation time shall be selected on the basis of seniority provided, however, that each employee will be permitted to exercise his/her right of seniority only once annually and for a single continuous period of time. Conflicting requests for the same vacation time shall be resolved on the basis of prior scheduling. See Section 9.3.2 for application of seniority for vacation and time off bidding. 15.3 Accrual Limitations. Vacation leave shall accrue in accordance with the table in 15.1. If an 9.A.b Packet Pg. 41 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 23 employee is about to lose vacation credit because of accrual limitations, and such impending loss is caused solely by the City’s insistence that the employee be at work during a scheduled vacation period, the employee may, by notifying his/her supervisor in writing at least 5 calendar days in advance, absent him/herself from work to prevent loss of vacation time. Such action taken by the employee shall not constitute a basis for disciplinary action or loss of pay. In lieu of the employee absenting him/herself from work as provided above, the City may, at its option, pay off the excess vacation time at the employee’s regular rate of pay. Such payment shall be made on the next pay date following the pay period in which the employee would have had to absent him/herself from work. No payment shall be made for vacation time lost by an employee because of accrual limitations unless the failure to take vacation is caused solely by the City’s insistence that the employee be at work during a scheduled vacation period. 15.4 Termination. Upon termination of employment, an employee shall be paid for all accrued but unused vacation, except as provided for in 15.1(2). 15.5 Sell Back. Once each fiscal year, an employee may request to sell back to the City up to 40 hours of accrued vacation time provided that the employee has taken or is scheduled to take at least 40 hours of vacation during the fiscal year and there is at least 80 hours of vacation remaining after the sellback. This option shall be available only once each fiscal year. Employees choosing to exercise this option must advise the City, in writing, through their department manager. The City shall distribute the funds within 30 days of the request. ARTICLE XVI - HOLIDAYS 16.1 Holidays. Full-time employees shall be entitled to eight (8) hours of time off with pay for the following holidays: (a) New Year's Day, January 1 (b) Martin Luther King's Birthday, third Monday in January (c) President's Day, third Monday in February (d) Memorial Day, last Monday in May (e) Independence Day, July 4 (f) Labor Day, first Monday in September (g) Veterans' Day, November 11 (h) Thanksgiving Day, fourth Thursday in November (i) Day after Thanksgiving Day (j) Christmas Day, December 25 (k) Christmas Eve, December 24 (l) Two floating holidays Part-time employees covered by this Agreement shall be entitled to time off with pay for the above holidays and shall be compensated in proportion to the number of hours per month they are 9.A.b Packet Pg. 42 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 24 normally scheduled to work, regardless of whether or not the part-time employee is scheduled to work the holiday, provided the part-time employee is scheduled to work after the holiday. 16.1.1 Eligibility. Full-time employees must have worked or have been on paid leave the last work day before and the first work day following a holiday in order to receive holiday pay. Holidays which occur during vacation or sick leave shall not be charged against such leave. 16.2 Observed. If any holiday falls on a Sunday, the following Monday shall be given as the holiday unless that Monday is already a paid holiday, then the proceeding Friday shall be given as the holiday. If any holiday falls on a Saturday, the preceding Friday shall be given as the holiday unless that Friday is already a paid holiday, then the following Monday shall be given as the holiday. 16.3 Floating Holiday. Floating holidays shall accrue on January 1 and July 1 (eight hours each) of each year for all employees, provided the employee is actively employed on January 1 or July 1. Floating holidays may not be taken in advance of accrual. Floating Holiday hours must be used prior to using vacation leave and must be used in the calendar year accrued. Floating holidays shall not be paid upon termination of employment. Floating Holiday days off are to be scheduled in advance and approved by the employee’s direct supervisor, with consideration given to employee requests. Failure to make a timely request for the time off, resulting in denial due to staffing needs and subsequent forfeiture of the floating holiday shall not be subject to the grievance procedure. ARTICLE XVII - SICK LEAVE 17.1 Accrual. Sick leave shall be accrued by each full-time employee at the rate of four hours for each full semi-monthly pay period of service completed. Part-time employees covered by this bargaining agreement shall accrue sick leave each month in an amount proportionate (based on hours worked each month) to that which would be accrued under full-time employment. An employee may accrue an unlimited amount of sick leave. 17.2 Utilization. Employees may utilize their allowance of sick leave when unable to perform work duties by reason of illness, injury, or health condition including exposure to a contagious disease that could endanger fellow employees or the public in the opinion of the City; and medical/dental appointments, including preventative for the employee. Employee may utilize sick leave to care for a “covered family members” as well as medical diagnosis, care, or treatment of an illness, injury or health condition and preventative appointments of a covered family member. Employees may utilize sick leave to care for an immediate family member for a serious health condition under Federal and State Medical Leave Acts. Sick leave shall be charged on an hour-for-hour basis in a minimum of quarter hour increments. Sick leave is available for use on the first day following the end of the pay period for which it was accrued and may not be taken in advance or in anticipation of accrual. Abuse of sick leave privilege shall be cause for discipline and/or dismissal. 9.A.b Packet Pg. 43 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 25 17.3 Notification. An employee who is unable to report to work because of any of the reasons set forth in Section 2 above shall report the reason for his/her absence to the designated department representative as soon as possible and prior to the time s/he is expected to report to work. Sick leave with pay shall not be allowed unless the employee has complied with the posted reporting procedure or made a reasonable attempt to comply. In absences of three days or more, the City may, at its discretion, require the employee to provide a written statement from a physician certifying that the employee's condition prevented him/her from appearing for work and that the employee is released to return to work without restrictions. The City will establish the procedure for contacting the designated department representative. An employee is required to provide his/her supervisor with sufficient information about his/her absence to allow the supervisor to reasonably determine the need for or applicability to leave under the federal and/or state Family Medical Leave Acts. 17.4 Sick Leave Compensation. Unused sick leave shall not be compensated for in any way at the time of termination of employment. 17.5 Leave Without Pay/Layoff. Sick leave accrual shall be prorated for the pay period during any period of leave of absence without pay, while using donated sick leave, or while on layoff status, except as required by state or federal law. However, the returning employee shall have previously accrued sick leave, if any, restored upon return to employment from such approved period of leave. 17.6 Family Members. “Covered Family Member” include your spouse, Oregon registered same-sex domestic partner, child, child of your Oregon registered same-sex domestic partner, parent, parent-in- law, parent of your Oregon registered same-sex domestic partner, grandparent, grandchild, other relative living in the employee’s household, or other individual for which the employee has a legitimate and ongoing caretaker relationship. Per FMLA/OFLA, “Immediate family member” includes: spouse, same-gender domestic partner, parent (custodial, non-custodial, foster, biological, step, in-law, parent of domestic partner), grandparent or grandchild of the employee, or a person with whom the employee is or was in a relationship of in loco parentis, child (biological, adopted, foster, step, or child of same-gender domestic partner). Child may be either a minor or adult. 17.7 Integration of Paid Sick Leave With Workers Compensation. When an injury occurs in the course of employment, the City's obligation to pay under this Sick Leave Article is limited to the difference between any disability payment or time loss payment received under Workers' Compensation Laws and the employee's gross pay. When sick leave is paid in conjunction with worker’s compensation or disability, prorated charges will be made against accrued sick leave unless the employee specifically requests otherwise. Public Employees Retirement System (PERS) benefit will be prorated according to the amount of compensation paid directly by the City. 17.8 Retirement. Employees may utilize unused sick leave accrual upon retirement in accordance with benefits provided for in PERS and applicable legislation. 9.A.b Packet Pg. 44 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 26 ARTICLE XVIII - LEAVE OF ABSENCE WITH PAY 18.1 Bereavement Leave. In the event of a death in the employee's immediate family, as defined in 17.6 for FMLA/OFLA, an employee may be granted a leave of absence of up to two weeks within 60 days of the date of death. The employee may utilize up to three calendar days of City paid bereavement leave. The employee may use other leave including sick leave, for the remaining days off. In addition to all “immediate family members” as defined in 17.6, the City recognizes “covered family member” for the purpose of receiving up to the three days of paid bereavement leave. This definition shall be construed to include biological, adoptive, foster, step and in-law relationships. The three days of paid leave shall run concurrent with any bereavement leave used under the Oregon Family Leave Act. The employee shall make a reasonable effort to notify the immediate supervisor of the need for the leave and/or additional days in advance of the absence. 18.2 Funeral Leave. When an employee serves as a pallbearer, or in some other way participates in, as opposed to merely attend, a funeral ceremony, the employee may be granted time off with pay, not to exceed four hours, to perform such duty. 18.3 Civic Responsibility. The City appreciates that City employees are occasionally required to perform civic duties that may interfere with their scheduled workday. This Section addresses how the performance of civic responsibilities shall affect the employee’s work schedule, pay and use of leaves. 18.3.1 Work-Related Court Appearance. Employees required to testify or appear in court in an official capacity and as a part of their job shall be compensated for such court appearances in accordance with Article XI – Hours of Work and Overtime. 18.3.2 Non Work-Related Court Appearance. When an employee is subpoenaed to testify or appear in court other than in an official capacity and where the employee is not personally involved in the action as the plaintiff, the defendant, the object of the investigation, or for purposes such as providing character testimony for a friend or family member, s/he shall not suffer any loss of his/her regular compensation for performance of such duty that takes place during time the employee is scheduled to work for the City; however, the employee shall be required to transfer any compensation except mileage and meal expenses received from any source other than the City for the performance of such duty on work time. Time not worked because of such duty shall not affect vacation or sick leave accrual, nor shall the employee be required to use paid leave for such time. This section shall only apply to civic duties performed during time the employee is actually scheduled to be at work on the day the civic obligation takes place. 18.3.3 Jury Duty. When an employee is called for jury duty s/he shall not suffer any loss of his/her regular compensation for performance of such duty that takes place during time the employee is 9.A.b Packet Pg. 45 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 27 scheduled to work for the City; however, the employee shall be required to transfer any compensation except mileage and meal expenses received from any source other than the City for the performance of such duty on work time. Time not worked because of such duty shall not affect vacation or sick leave accrual, nor shall the employee be required to use paid leave for such time. This section shall only apply to civic duties performed during time the employee is actually scheduled to be at work on the day the civic obligation takes place. 18.3.4 Limitations and Expectations. Under no circumstances shall the City be required to pay overtime or grant comp time for civic duty appearances that are not work-related. In the event an employee serves a partial day of civic duty, the employee shall be required to return to work after being released from court, or arrange for use of paid leave in accordance with department rules to compensate for time away from work that is not spent in court. Exceptions may be allowed in such circumstances as when the court appearance is out of the area or the employee is released from their court responsibilities with less than 45 minutes left in their scheduled workday. It shall be the employee’s responsibility to notify his/her supervisor of pending civic responsibilities as soon as the employee has knowledge of such duty. 18.4 Military Leave. Military leave of absence shall be granted in accordance with City policy and state and federal law. 18.5 Conferences/Meetings. Time spent in attendance at or travel to and from conferences, conventions or other work-related meetings that have been approved in advance by the Department Head shall be considered work time in accordance with state law and City policy. An employee may request additional time off, using accrued paid leave, in conjunction with approved work-related travel; however, approval of such requests shall be handled in accordance with department-established requests for time off. 18.6 Leave Accruals while on Paid Leave. Employees on paid leaves of absence shall accrue leaves in accordance with this Agreement and, where by reference, current City policy. ARTICLE XIX - LEAVE OF ABSENCE WITHOUT PAY 19.1 Family Medical Leave. All bargaining unit employees shall be covered by current City policy, as well as state and federal law, regarding Family and Medical Leave. 19.2 Military Leave. Military leaves of absence shall be granted in accordance with City policy and state and federal law. 19.3 Other Leave Without Pay. Notwithstanding the Family and Medical Leave Act (FMLA) and Uniformed Services Employment and Reemployment Rights Act (USERRA), a regular, non-probationary employee may be granted a leave of absence without pay for a period not to exceed one month. 9.A.b Packet Pg. 46 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 28 Requests for leave of absence without pay shall be in writing, shall be directed to the Department Head, and shall contain justification for approval. Approval of such leave requests shall be at the sole discretion of the Department Head, except that any denial of a request shall not be arbitrary or discriminatory. Not counting any such leave covered under FMLA and USERRA, no employee shall receive more than 31 days leave of absence in any three-year period. 19.4 Leave Accrual while on Leave Without Pay. Current City policy regarding benefits accrual during Leaves of Absence Without Pay shall apply to all employees covered by this Agreement. ARTICLE XX - INSURANCE COVERAGE 20.1 Medical, Dental and Vision Insurance. The City shall provide a mutually agreed upon medical, dental and vision insurance package for employees and their dependents. If the parties agree to change plans during the life of this agreement, the parties agree to reopen bargaining for the limited purpose of negotiating Article XX, Insurance Coverage. 20.2 Health Insurance Eligibility: All bargaining unit employees shall be eligible for insurance coverage pursuant to the insurance carrier’s eligibility requirements. It is understood that “cashing out” accrued leave time (vacation, and compensatory time) does not constitute hours worked or compensated hours for the purpose of determining insurance eligibility. 20. 3 Medical, Dental, and Vision Insurance Premiums. 20.3.1 Bargaining Unit members employed prior to July 1, 2014. For employees who were hired and serving in a bargaining unit position on or before June 30, 2014, the City shall pay 90% of the cost of the employee’s monthly health insurance premiums with the employee paying the remaining 10% through payroll deduction. 20.3.2 Bargaining Unit members employed July 1, 2014 or later. For employees who were hired or placed in a bargaining unit position on or after July 1, 2014, the employee shall pay 17% of the monthly cost of the employee’s health insurance premium through payroll deduction, and the employer shall pay 83%, to a maximum of $1,500 per month. If the employer’s 83% exceeds $1,500 per month, the City and employee shall evenly split the difference. 20.3.3 Payment of Premiums. All health insurance premiums paid by the City on behalf of employees shall only be paid directly to the insurance carrier or third party administrator. No such insurance premiums shall be paid directly to the employee except as otherwise provided for in a separation agreement. 20.3.4 Part-time Employees. Health insurance premium contributions shall be made on a prorated basis for bargaining unit employees qualifying for insurance coverage but working less than full time. 9.A.b Packet Pg. 47 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 29 For example, for a .5 FTE employee the city would pay 50% of the 90% or 80% employer share, to a prorated maximum, and the employee would pay the remainder. 20.4 Section 125. The employer shall institute an IRS Section 125 plan for the purpose of allowing the employee contribution toward health insurance premiums to be a tax free payroll deduction. Additionally, the employer may, in its discretion, institute an IRS Section 125 Flexible Spending Arrangement plan and make such plan available to all employees on a voluntary basis at any time during the life of this agreement. 20.5 Health Reimbursement Arrangement. The City has adopted the HRA VEBA standard plan offered and administered by the Voluntary Employee’s Beneficiary Association Trust for Public Employees in the Northwest (“plan”). The standard plan shall be integrated with the City’s group medical plan and the City shall remit contributions only on behalf of eligible employees who are enrolled in or covered by the City’s group medical plan. The City shall contribute to the plan on behalf of all bargaining unit employees defined as eligible to participate in the plan. Each eligible employee must submit a completed and signed enrollment form to become an eligible participant and become eligible for benefits under the plan. Contributions on behalf of each eligible employee shall be based on direct employer contributions. Eligibility is limited to bargaining unit members enrolled in the City’s medical insurance plan. Employer contributions shall be $72.50 for each pay period worked, contributed on a semi-monthly basis on behalf of eligible full-time employees. Contributions for eligible employees not working full time, on layoff status, or not working a full pay period, except those employees on paid leave, shall be prorated. 20.6 Long Term Disability Insurance. The City shall provide full time employees long term disability insurance that provides 66 2/3% of base salary, up to a maximum benefit of $3,000 per month, effective the 91st day of the disability. 20.7 Life Insurance. The City shall provide full time employees a term life insurance benefit policy equal to one years’ pay. The one years’ pay shall be calculated once each year on July 1 by multiplying the hourly rate by 2080 hours. In addition, to the extent the carrier permits, the City will allow employees to purchase additional life insurance at the employee's expense. ARTICLE XXI - DRUG AND ALCOHOL POLICY 21.1 Drug and Alcohol Policy. The City’s adopted Drug and Alcohol Policy is, by this reference, made a part of this Agreement. Employees who hold a job-related CDL shall be subject to Department of Transportation (DOT) random testing requirements. 9.A.b Packet Pg. 48 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 30 ARTICLE XXII - OUTSIDE EMPLOYMENT 22.1 Outside Employment. No employee covered by this Agreement shall carry on concurrently with his/her public service any private business or undertaking or other employment which affects the time, quality or efficiency of the employee's City work, or which casts discredit upon or creates embarrassment for the City or conflicts with the interest of the City of Central Point. The City Manager or his designee shall, in his/her discretion enforce the terms of this Article, and such enforcement shall be subject to the grievance procedure. ARTICLE XXIII - DISCIPLINE AND DISCHARGE 23.1 Discipline. No regular, non-probationary employee shall be disciplined or discharged except for just cause. Discipline will normally be progressive. However, if a violation of a City policy or work practice is of a serious enough nature, an employee may be discharged without prior disciplinary warnings. Oral warnings, counseling or other oral communication are considered discipline and shall be documented; however, such documentation shall not be considered a written disciplinary action, nor be subject to the grievance procedure, and such documentation will not be placed in the employee's personnel file. 23.2 Imposition. The City, in disciplining an employee, shall make a reasonable effort to impose such discipline in a manner that will not unduly embarrass or humiliate the employee before other employees or the public. 23.3 Probationary Employee. A probationary employee as defined in Article VIII, Probation, Section 1, shall serve at the pleasure of the City and may be disciplined, or discharged for any reason, at any time during the probationary period, and such discipline or discharge shall not be grievable. 23.4 Grieving Discipline. Any disciplinary action, except oral reprimands, counseling, verbal warnings, or other oral communications imposed upon an employee, if protested, shall be protested through the grievance procedure, Article XXIV, Grievance Procedure. However, written reprimands may be processed only through step 3 of the grievance procedure. 23.5 Union Representation. An employee shall, upon request, be given the opportunity to have a Union representative present at all disciplinary meetings. ARTICLE XXIV - GRIEVANCE PROCEDURE 24.1 Definition. A grievance is defined as a claim by an employee and/or Union that there has been a violation of the bargaining agreement. 24.2 Informal Resolution. When such alleged violations arise, an attempt should be made by the employee and his/her immediate supervisor to settle them informally. A problem which cannot be 9.A.b Packet Pg. 49 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 31 resolved informally will be processed as a grievance in accordance with Article XXIV, Section 3. 24.3 Grievance Procedure. Each grievance will be processed in the following manner: Step I. Within 15 calendar days after the occurrence of the cause of complaint, the employee and/or the Union will reduce the grievance to writing, stating the reasons therefore, the contract provision violated, the date of the occurrence, and the remedy requested and will present it to the employee's immediate supervisor. Within 10 business days after the grievance is submitted to the supervisor, the supervisor will respond in writing. If s/he wishes, the employee involved may be accompanied at any grievance-related meeting by a Union representative of his/her choice who is reasonably available. Step II. If the grievant is not satisfied with the response to the grievance by the supervisor, s/he may, within 10 business days of receipt of the supervisor’s decision, request in writing that the department head review the decision. If the supervisor is the department head, the grievance will skip to Step III. Within 10 business days of such request, the department head shall render his/her decision in writing. Step III. If the grievant is not satisfied with the disposition of the grievance by the department head, s/he may, within 10 business days of his/her receipt of said decision, request in writing, that the City Manager review the decision. Within 10 business days, the City Manager shall render his/her decision in writing. Step IV. If the grievant is not satisfied with the disposition of the grievance by the City Manager, the Union may, within 10 business days from receipt of the City Manager’s decision, request, in writing, that the grievance be brought to arbitration. If a timely, valid request has been made, the parties shall jointly request from the State Conciliation Service, a list of seven arbitrators residing in Oregon who are members of the American Arbitration Association and, beginning with the grieving party/Union, the parties shall alternately strike names. The name remaining shall be the arbitrator. Seven business days shall be allowed for the striking. The parties may, by mutual agreement, request a new panel. The hearing under this procedure shall be kept informal and private, and shall include only such parties in interest and/or designated representatives. The arbitrator shall render a decision within 30 calendar days from the date of the formal hearing. The power of the arbitrator shall be limited to interpreting this Agreement and determining if the disputed article or portion thereof has been violated. The arbitrator shall have no authority to alter, modify, vacate or amend any terms of this Agreement or to substitute his/her judgment on a matter or condition for that of the City where the City has not negotiated and limited its authority on the matter or condition. The decision of the arbitrator within these stated limits shall be final and binding on both parties. No issue whatsoever shall be arbitrated or subject to arbitration unless such issue results from an action or occurrence which takes place following the execution date of this 9.A.b Packet Pg. 50 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 32 Agreement, and no arbitration determination or award shall be made by the arbitrator whatsoever prior to the execution date of this Agreement. In case of a grievance involving any continuing or other money claim against the City, no award shall be made by the arbitrator which shall allow any alleged accruals for more than 10 calendar days prior to the date when such grievance shall have first been presented. 24.4 Expenses. Expenses for the arbitrator's services and the proceedings shall be borne equally by both parties. However, each party shall be completely responsible for all costs of preparing and presenting its own case, including compensating its own representatives and witnesses. If either party desires a record of the proceedings, it shall solely bear the cost of such record. In the event the arbitrator finds that s/he has no authority or power to rule in any case, the matter shall be referred back to the parties without decision or recommendation on the merits of the case. 24.5 Time Limits. All parties subject to these procedures shall be bound by the time limits contained herein. However, time limits may be extended by mutual consent of both parties. If either party fails to follow such limits, the following shall result: a. If the grievant fails to respond in a timely fashion, the grievance shall be deemed waived. b. If the party being grieved against fails to respond in a timely fashion, the grievance shall proceed to the next step. 24.6 Grievance File. All documents, communications and records dealing with the processing of a grievance shall be filed in a separate grievance file, and will not be placed in the personnel file. However, evidence of any discipline imposed and an explanation of the action which resulted in such discipline will be placed in the employee's personnel file. ARTICLE XXV - UNPROTECTED STRIKE ACTIVITY AND LOCKOUT 25.1 Lockout. There shall be no lockout of employees by the City as a consequence of any dispute arising during the period of this Agreement. 25.2 Strike. The Union will not initiate or engage in, and no employee(s) will participate or engage in any strike, slowdown, picketing, boycott, sick-out or other interruption of work during the term of this Agreement. 25.3 Union Responsibility. Should a strike, slowdown, picketing, boycott or other interruption of work occur, the Union, upon receiving notice of a strike, slowdown, picketing, boycott or other interruption of work which it has not authorized, will take all reasonable steps to terminate such activity and induce the employees concerned to return to work. If the Union takes such action, it shall not be held liable by the City for unauthorized activity of the employees involved. 9.A.b Packet Pg. 51 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 33 25.4 Discipline. In the event employee(s) participate in a strike, slowdown, picketing, boycott, sick- out or other interruption of work in violation of this Article, the participating employee(s) shall be subject to disciplinary action which may include discharge. 25.5 Wages and Benefits During Work Interruption. It is understood that employees shall not be entitled to any benefits or wages whatsoever while they are engaged in such work interruption. ARTICLE XXVI - SAVINGS CLAUSE 26.1 Savings Clause. Should any Article or section thereof of this Agreement be held unlawful and unenforceable by any Court of competent jurisdiction, such decision of the Court shall apply only to the specific Article or section thereof directly specified in the decision. The remainder of this Agreement shall remain in effect pursuant to the terms of the Duration Article. Upon such declaration, the parties agree to immediately negotiate a substitute, if possible, for the invalidated portion thereof. ARTICLE XXVII – DURATION 27.1 Duration. This Agreement shall be effective upon ratification and shall remain in effect through June 30, 2020. Agreement was extended one year through June 30, 2021. ARTICLE XXIX – EXECUTION/SIGNATURES Agreement originally executed on the 27th day of June, 2017 at Central Point, Oregon, by the undersigned officers by authority and behalf of the City of Central Point and Teamsters Local Union No. 223. Executed this one year agreement extension this ____day of _______, 2020 at Central Point, Oregon, by the undersigned officers by authority and behalf of the City of Central Point and Teamsters Local Union No. 223. Teamsters Local Union No. 223 City of Central Point Clayton Banry, Secretary Treasure Hank Williams, Mayor Brent Jensen, Labor Representative Chris Clayton, City Manager 9.A.b Packet Pg. 52 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 34 APPENDIX A GENERAL SERVICES BARGAINING UNIT PAY SCHEDULE Salary Schedule on 6/30/2017 General Service Bargaining Unit Positions (hourly) (monthly) Classification Title Grade Step A Step B Step C Step D Step E Step F Grade 2-3 GS2-3 15.64 16.42 17.24 18.10 19.01 19.96 Office Assistant 2,711 2,846 2,988 3,137 3,295 3,460 Grade 4 GS4 17.06 17.91 18.81 19.75 20.74 21.78 Account Clerk: Finance/Public Works 2,957 3,104 3,260 3,423 3,595 3,775 Community Development Support Specialist Parks Maintenance Worker Utility Worker Grade 5 GS5 19.17 20.13 21.14 22.20 23.31 24.48 Assistant Engineering Technician 3,323 3,489 3,664 3,848 4,040 4,243 Customer Service Tech. Equipment Maint/Fabrication Technician Planning Technician Recreation Programs Coordinator Senior Utility Worker Grade 6 GS6 21.23 22.29 23.40 24.57 25.80 27.09 Acctg/Business Services Coordinator 3,680 3,864 4,056 4,259 4,472 4,696 Parks Lead Recreation Coordinator: Special Events/Mktg Grade 7 GS7 23.40 24.57 25.80 27.09 28.44 29.86 Community Planner I 4,056 4,259 4,472 4,696 4,930 5,176 Foreman: Streets, Water Grade 8 GS8 26.19 27.50 28.88 30.32 31.84 33.43 Community Planner II 4,540 4,767 5,006 5,255 5,519 5,795 Construction Management Coordinator Environmental Services/GIS Coordinator Information Technology Specialist Grade 9 GS9 29.07 30.52 32.05 33.65 35.33 37.10 5,039 5,290 5,555 5,833 6,124 6,431 9.A.b Packet Pg. 53 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 35 Effective July 1, 2017, Step A of pay scale shall be increased by 2.0%. Each subsequent Step shall be 5% greater than the lower step. Salary Schedule effective 7/1/2017 General Service Bargaining Unit Positions (hourly) (monthly) Classification Title Grade Step A Step B Step C Step D Step E Step F Grade 2-3 GS2-3 15.95 16.75 17.59 18.47 19.39 20.36 Office Assistant 2,765 2,903 3,049 3,201 3,361 3,529 Grade 4 GS4 17.40 18.27 19.18 20.14 21.15 22.21 Account Clerk: Finance/Public Works 3,016 3,167 3,325 3,491 3,666 3,850 Community Development Support Specialist Parks Maintenance Worker Utility Worker Grade 5 GS5 19.55 20.53 21.56 22.64 23.77 24.96 Assistant Engineering Technician 3,389 3,559 3,737 3,924 4,120 4,326 Customer Service Tech. Equipment Maint/Fabrication Technician Planning Technician Recreation Programs Coordinator Senior Utility Worker Grade 6 GS6 21.65 22.73 23.87 25.06 26.31 27.63 Acctg/Business Services Coordinator 3,753 3,940 4,137 4,344 4,560 4,789 Parks Lead Recreation Coordinator: Special Events/Mktg Grade 7 GS7 23.87 25.06 26.31 27.63 29.01 30.46 Community Planner I 4,137 4,344 4,560 4,789 5,028 5,280 Foreman: Streets, Water Grade 8 GS8 26.71 28.05 29.45 30.92 32.47 34.09 Community Planner II 4,630 4,862 5,105 5,359 5,628 5,909 Construction Management Coordinator Environmental Services/GIS Coordinator Information Technology Specialist Grade 9 GS9 29.65 31.13 32.69 34.32 36.04 37.84 5,139 5,396 5,666 5,949 6,247 6,559 9.A.b Packet Pg. 54 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 36 Effective July 1, 2018, Step A of the pay scale shall be increased by 2.25%. Each subsequent Step shall be 5% greater than the lower step. Salary Schedule effective 7/1/2018 General Service Bargaining Unit Positions (hourly) (monthly) Classification Title Grade Step A Step B Step C Step D Step E Step F Grade 2-3 GS2-3 16.31 17.13 17.99 18.89 19.83 20.82 Office Assistant 2,827 2,969 3,118 3,274 3,437 3,609 Grade 4 GS4 17.79 18.68 19.61 20.59 21.62 22.70 Account Clerk: Finance/P. Works 3,084 3,238 3,399 3,569 3,747 3,935 C.D. Support Specialist Parks Maint. Worker Utility Worker Grade 5 GS5 19.99 20.99 22.04 23.14 24.30 25.52 Assistant Engineering Technician 3,465 3,638 3,820 4,011 4,212 4,423 Customer Service Tech. Equipment Maint/Fabrication Technician Planning Technician Recreation Programs Coordinator Senior Utility Worker Grade 6 GS6 22.14 23.25 24.41 25.63 26.91 28.26 Acctg/Business Svs Coordinator 3,838 4,030 4,231 4,443 4,664 4,898 Parks Lead Recreation Coord.Special Events/Mktg Grade 7 GS7 24.41 25.63 26.91 28.26 29.67 31.15 Community Planner I 4,231 4,443 4,664 4,898 5,143 5,399 Foreman: Streets, Water Grade 8 GS8 27.31 28.68 30.11 31.62 33.20 34.86 Community Planner II 4,734 4,971 5,219 5,481 5,755 6,042 Construction Management Coordinator Environmental Services/GIS Coordinator Information Technology Specialist Grade 9 GS9 30.32 31.84 33.43 35.10 36.86 38.70 5,255 5,519 5,795 6,084 6,389 6,708 9.A.b Packet Pg. 55 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 37 Effective July 1, 2019: Step G shall be added to the salary schedule, in accordance with Article 12.3.1 Step G. Salary Schedule effective 7/1/2019 General Service Bargaining Unit Positions (hourly) (monthly) Classification Title Grade Step A Step B Step C Step D Step E Step F Step G Grade 2-3 GS2-3 16.31 17.13 17.99 18.89 19.83 20.82 21.86 Office Assistant 2,827 2,969 3,118 3,274 3,437 3,609 3,789 Grade 4 GS4 17.79 18.68 19.61 20.59 21.62 22.70 23.84 Account Clerk: Finance/Public Works 3,084 3,238 3,399 3,569 3,747 3,935 4,132 Community Development Support Specialist Parks Maintenance Worker Utility Worker Grade 5 GS5 19.99 20.99 22.04 23.14 24.30 25.52 26.80 Assistant Engineering Technician 3,465 3,638 3,820 4,011 4,212 4,423 4,645 Customer Service Tech. Equipment Maint/Fabrication Technician Planning Technician Recreation Programs Coordinator Senior Utility Worker Grade 6 GS6 22.14 23.25 24.41 25.63 26.91 28.26 29.67 Acctg/Business Services Coordinator 3,838 4,030 4,231 4,443 4,664 4,898 5,143 Parks Lead Recreation Coordinator: Special Events/Mktg Grade 7 GS7 24.41 25.63 26.91 28.26 29.67 31.15 32.71 Community Planner I 4,231 4,443 4,664 4,898 5,143 5,399 5,670 Foreman: Streets, Water Grade 8 GS8 27.31 28.68 30.11 31.62 33.20 34.86 36.60 Community Planner II 4,734 4,971 5,219 5,481 5,755 6,042 6,344 Construction Management Coordinator Environmental Services/GIS Coordinator Information Technology Specialist Grade 9 GS9 30.32 31.84 33.43 35.10 36.86 38.70 40.64 5,255 5,519 5,795 6,084 6,389 6,708 7,044 9.A.b Packet Pg. 56 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point & Teamsters Local 223 (General Service) 7/1/2017 – 6/30/2021 Page 38 Effective July 1, 2020, Step A of the pay scale shall be increased by 2.75%. Each subsequent Step shall be 5% greater than the lower step. Salary Schedule effective July 1, 2020 General Service Bargaining Unit Positions (hourly) (monthly) Classification Title Grade Step A Step B Step C Step D Step E Step F Step G Grade 2-3 GS2-3 16.76 122 Utility Laborer* 2,905 *Grandfathered employee shall remain at current salary until the monthly salary schedule increases to $3,118 Grade 2-3 GS2-3 16.76 17.60 18.48 19.40 20.37 21.39 22.46 100 Office Assistant 2,905 3,051 3,203 3,363 3,531 3,708 3, 893 Grade 4 GS4 18.28 19.19 20.15 21.16 22.22 23.33 24.50 101 Account Clerk: Finance/Public Works 3,169 3,326 3,493 3,668 3,851 4,044 4,247 102 Development Support Specialist 103Parks Maint Worker 104 Recreation Specialist 105 Utility Worker Grade 5 GS5 20.54 21.57 22.65 23.78 24.97 26. 22 27,53 106 Asst Engineering Tech 3,560 3,739 3,926 4,122 4,328 4,545 4,772 107 Customer Service Tech. 108Equipment Maint./Fab. Technician 109 Planning Technician 110 Recreation Programs Coordinator 111 Senior Utility Worker Grade 6 GS6 22.75 23.89 25.08 26.33 27.65 29.03 30.48 112 Acctg/Business Services Coordinator 3,943 4,141 4,347 4,564 4,793 5,032 5,283 113 Parks Lead 114 Recreation Coord.: Special Events/Mktg 123 Storm/Erosion Control Tech Grade 7 GS7 25.08 26.33 27.65 29.03 30.48 32.00 33.60 115 Community Planner I 4,347 4,564 4,793 5,032 5,283 5,547 5,824 116 Foreman: Streets, Water 117 Park Planner 124 Facility Management Coord. Grade 8 GS8 28.06 29.46 30.93 32.48 34.10 35.81 37.60 118 Community Planner II 4,864 5,106 5,361 5,630 5,911 6,207 6,517 119 Construction Management Coordinator 120 Environmental Services/GIS Coordinator 121 Information Technology Specialist Grade 9 GS9 31.15 32.71 34.35 36.07 37.87 39.76 41.75 5,399 5,670 5,954 6,252 6,564 6,892 7,237 9.A.b Packet Pg. 57 Attachment: 2017-2020 GS CBA one year extension (1269 : 2020-2021 General Services Collective Bargaining Agreement) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Human Resources FROM: Elizabeth Simas, Human Resources Director MEETING DATE: May 14, 2020 SUBJECT: Resolution No. _______, Approval of Central Point 2020-2021 Classification Pay Plan ACTION REQUIRED: RECOMMENDATION: BACKGROUND/HISTORY: Each year the Council is asked to approve the Classification Pay Plan with any revisions from the prior approved plan. This proposed, revised pay plan reflects changes for all employee groups since the last pay plan was approved by Council on August 22, 2019, and has an effective date of July 1, 2020. · Part A of the pay plan (General Service Bargaining Unit) has been updated to reflect an increase of 2.75% to the pay plan per the collective bargaining agreement and the addition of newly created positions #123 Stormwater/Erosion Control Technician and #124 Facility Management Coordinator. There are no other changes to Part A of the pay plan · Part B of the pay plan (Police Bargaining Unit) has been updated to reflect an increase of 3.5% to the pay plan per the provisions of the bargaining agreement. There are no other changes to Part B of the pay plan. · Part C of the pay plan (management/non-represented) has no changes. The Council is asked to approve the 2020-2021 Classification Pay Plan with any revisions from the prior approved plan. RECOMMENDATION: Motion to approve Resolution ________, approving the 2020-2021 Classification Pay Plan. 9.B Packet Pg. 58 ATTACHMENTS: 1. 2020-21-1 Classification Pay Plan Resolution 2. 2020 Proposed Pay Plan 2020-1 9.B Packet Pg. 59 July 1, 2019 – June 30, 2020 Classification Pay Plan Resolution RESOLUTION NO. ________ A RESOLUTION APPROVING THE JULY 1, 2020 – June 30, 2021 CLASSIFICATION PAY PLAN RECITALS: 1. Chapter 2.48 of the Central Point Code authorizes and directs the City Council to approve rules relating to personnel matters. 2. Policy #3.06.2 of the Personnel Policies and Procedures provides that the Council shall, by resolution, adjust the salaries and rates of compensation and benefits for all City officers and employees. The City Council deems it to be in the best interest of the City to make revisions thereto. The City of Central Point resolves as follows: The Classification Pay Plan for bargaining unit and management employees, as attached, is hereby ratified and approved. Passed by the Council and signed by me in authentication of its passage this _____ day of May, 2020. __________________________ Mayor Hank Williams ATTEST: _____________________________ City Recorder 9.B.a Packet Pg. 60 Attachment: 2020-21-1 Classification Pay Plan Resolution (1270 : 2020-2021 Classification Pay Plan) Part A: General Service Bargaining Unit Positions (hourly) (monthly) Schedule Effective 7/1/20 Position#Classification Title Grade Step A Step B Step C Step D Step E Step F Step G Grade 2-3 GS2-3 16.76 122 Utility Laborer 2,905 Grade 2-3 GS2-3 16.76 17.60 18.48 19.40 20.37 21.39 22.46 100 Office Assistant 2,905 3,051 3,203 3,363 3,531 3,708 3,893 Grade 4 GS4 18.28 19.19 20.15 21.16 22.22 23.33 24.50 101 Account Clerk: Finance/Public Works 3,169 3,326 3,493 3,668 3,851 4,044 4,247 102 Community Development Specialist 103 Parks Maintenance Worker 104 Recreation Specialist 105 Utility Worker Grade 5 GS5 20.54 21.57 22.65 23.78 24.97 26.22 27.53 106 Assistant Engineering Technician 3,560 3,739 3,926 4,122 4,328 4,545 4,772 107 Customer Service Technician 108 Equipment Maintenance Technician 109 Planning Technician 110 Recreation Programs Coordinator 111 Senior Utility Worker Grade 6 GS6 22.75 23.89 25.08 26.33 27.65 29.03 30.48 112 Acctg/Business Services Coordinator 3,943 4,141 4,347 4,564 4,793 5,032 5,283 113 Parks Lead 114 Recreation Coordinator: Special Events/Mktg 123 Stormwater/Erosion Control Tech Grade 7 GS7 25.08 26.33 27.65 29.03 30.48 32.00 33.60 115 Community Planner I 4,347 4,564 4,793 5,032 5,283 5,547 5,824 116 Foreman: Streets, Water 117 Park Planner 124 Facility Management Coordinator Grade 8 GS8 28.06 29.46 30.93 32.48 34.10 35.81 37.60 118 Community Planner II 4,864 5,106 5,361 5,630 5,911 6,207 6,517 119 Construction Management Coordinator 120 Environmental Services/GIS Coordinator 121 Information Technology Specialist Grade 9 GS9 31.15 32.71 34.35 36.07 37.87 39.76 41.75 vacant 5,399 5,670 5,954 6,252 6,564 6,892 7,237 Part B: Police Bargaining Unit Positions Schedule Effective 7/1/20 Position#Classification Title Grade Step A Step B Step C Step D Step E Step F 200 Police Support Specialist P110 3,490 3,665 3,848 4,040 4,242 4,454 201 Community Services Officer P117 3,703 3,888 4,082 4,286 4,500 4,725 202 Police Officer P145 4,747 4,984 5,233 5,495 5,770 6,059 203 Corporal P150 5,250 5,513 5,789 6,078 6,382 6,701 Classification Pay Plan Effective July 1, 2020 - June 30, 2021 N/A 9.B.b Packet Pg. 61 Attachment: 2020 Proposed Pay Plan 2020-1 (1270 : 2020-2021 Classification Pay Plan) Classification Pay Plan Effective July 1, 2020 - June 30, 2021 Part C: Exempt, Non-Bargaining Unit, Management Positions Schedule effective 1/1/20 - 12/31/20 Position#Classification Title Band Minimum —Maximum 002 Human Resources Assistant (Part-time)C 17.79 Hourly 23.84 003 Workplace Safety Manager (Part-time)D 30.54 Hourly 40.72 500 Accountant/Finance Supervisor I 5,479 Monthly 7,357 501 City Recorder I 5,479 Monthly 7,357 502 Parks & Recreation Manager I 5,479 Monthly 7,357 503 Parks & Public Works Supervisor I 5,479 Monthly 7,357 507 Police Office Manager I 5,479 Monthly 7,357 504 Parks & Public Works Operations Mgr II 6,574 Monthly 8,504 505 Building Division Manager II 6,574 Monthly 8,504 506 Principal Planner II 6,574 Monthly 8,504 511-515 Department Director (CD, FIN, HR, IT, PPW)III 6,940 Monthly 9,757 508 Police Lieutenant (non-exempt)P-I 6,052 Monthly 8,087 509 Police Captain P-II 7,252 Monthly 9,339 510 Police Chief P-III 8,401 Monthly 10,696 Approved_____ by Council, Resolution # ____ 9.B.b Packet Pg. 62 Attachment: 2020 Proposed Pay Plan 2020-1 (1270 : 2020-2021 Classification Pay Plan) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Public Works FROM: Matt Samitore, Parks and Public Works Director MEETING DATE: May 14, 2020 SUBJECT: Final Design Presentation for Dennis Richardson Memorial ACTION REQUIRED: Resolution RECOMMENDATION: Approval BACKGROUND INFORMATION: The City has been working with John Galbraith, a local landscape architect, on the final renderings for the potential Dennis Richardson Memorial. The Parks Commisison and City Council have approved the final design. The staff has been waiting on an estimate for the project which we received earlier this month. The project budget is attached and will range from $240,000 to $270,000. The City via the attached resolution is committed to fund $100,000 of the project in the 2021/2023 FY budget. The only other currently planned major park project is to upgrade the playground and fall material at Forest Glenn Park, and upgrade some equipment at Don Jones Memorial Park playground. The City will be submitting for a State Memorial Grant which we hope will provide an additional $40-50,000. There is also still $18,000 in the City Parks and Recreation Foundation for the War Memorial we would request to be used for the Richardson Memorial. FINANCIAL ANALYSIS: The Architect’s estimate for the project is between $240,000 and $270,000. The City is planning on budgeting $100,000 for the project in the FY 2021/2023 budget. We are hopeful of raising the remainder of the funds from outside sources or donations. 9.C Packet Pg. 63 LEGAL ANALYSIS: N/A COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: Goal 2- Build City pride and positive image. Strategies: a. Create a brand and launch awareness campaign, articulate vision and mission, define values; b. Recognize the successes of Businesses, Citizens, and Government publicly; c. Communicate and celebrate events, honor our past and take pride in the future; d. Promote “healthy neighborhoods” by encouraging socioeconomic diversity. Design with health and safety in mind (i.e. Crime Prevention through Environmental Design) when making infrastructure improvements (including parks and schools); e. Review current codes in use for development and improvement. Revise as necessary to create “healthy neighborhoods”. Enforce codes in older established neighborhoods. Goal 2- Provide high quality facilities, parks, and open spaces that attract resident and non-resident use. Strategies: a. Prepare a finance program to maintain and expand recreation facilities, including fees, donations (land and money), sponsorships, levies, taxes and government support; b. Pursue the development and implementation of a comprehensive facilities development plan in cooperation with surrounding cities and school district that identifies and schedules the construction of new recreation centers, parks, trails, gathering places, sports park, and aquatic facilities; c. Develop public awareness of necessary steps to meet goals; d. Develop plans in conjunction with other governmental agencies and community organizations; e. Survey citizens to assess likelihood of support for bond issue to build a community recreation center STAFF RECOMMENDATION: Approve the Resolution dedicating funding for the project in the FY 2021-2023 Budget. RECOMMENDED MOTION: Approve Resolution No. ____ approving $100,000 in the 2021-2023 FY Parks Budget for 9.C Packet Pg. 64 the Dennis Richardson Memorial. ATTACHMENTS: 1. Revised lan 11.04.19 2. freegorm 250 passes 3. Dennis Richardson Preliminary Cost Estimate 4. dennisrichardsonresolution 9.C Packet Pg. 65 9.C.a Packet Pg. 66 Attachment: Revised lan 11.04.19 (1273 : Dennis Richardson Memorial Project Funding Resolution) 9.C.b Packet Pg. 67 Attachment: freegorm Dennis Richardson MemorialProbable Construction Cost Estimate - 5-Mar-20 SITE DEMOLITION QTY UNIT COST/UNIT EXTENDED COST COMMENTSDemolition and Site Prep (2% of constr.)0 --$ -$ Remove concrete paving -general 820 SF 2.55$ 2,091.00$ Mar-20Remove storm pipe 0 LF 10.00$ -$ Sawcut concrete pavement 6" depth 0 LF 6.50$ -$ Mar-20 Haul debris 0 CY 15.00$ -$ SUB TOTAL 2,091.00$ SITE PREPARATION QTY UNIT COST/UNIT EXTENDED COSTSoil preparation (includes amendments)12700 SF 0.45$ 5,715.00$ Mar-20 SUB TOTAL 5,715.00$ DRAINAGE QTY UNIT COST/UNIT EXTENDED COSTInstall geotextile fabric, non-woven 0 SY 0.76$ -$ 48" manhole 0 EA 2,000.00$ -$ Mar-20 Catch Basin 0 EA 1,500.00$ -$ Cast in place curb inlet 0 EA 1,215.00$ -$ Mar-20Detention Control Structure 0 LS 6,400.00$ -$ Mar-20 Storm drain pipe and connects, 12" HDPE, ($22 low)0 LF 40.00$ -$ Apr-03 Storm Sewer 12" (S. Medford High)0 LF 32.00$ -$ Jun-07Storm Sewer 8" (S. Medford High)0 LF 26.00$ -$ Jun-07Stormline Cleanout (S. Medford High)0 EA 325.00$ -$ Jun-07 SUB TOTAL -$ SITE GRADING QTY UNIT COST/UNIT EXTENDED COSTStrip topsoil, stockpile on site 140 CY 5.30$ 742.00$ Mar-20 Grading, Rough 12700 SF 0.20$ 2,540.00$ Mar-20 Grading, Finish (for all disturbed areas)- low @ .15/sf 12700 SF 0.36$ 4,572.00$ Mar-20 Grading, general cut & place fill (140 ex. Add 215 fill)355 CY 7.20$ 2,556.00$ Mar-20 Imported topsoil Berms at pavilion and water feature 256 CY 38.50$ 9,856.00$ Mar-20 SUB TOTAL 20,266.00$ UNIT PAVING BASE QTY UNIT COST/UNIT EXTENDED COST Add 4" concrete base 1307 SF 3.10$ 4,051.70$ Mar-20Add 4" gravel base 1400 SF 0.30$ 420.00$ Mar-20 SUB TOTAL 4,471.70$ STONE PAVING QTY UNIT COST/UNIT EXTENDED COST Granite pavers 1307 SF 30.00$ 39,210.00$ Mar-20SUB TOTAL 39,210.00$ CONCRETE PAVING QTY UNIT COST/UNIT EXTENDED COSTConcrete Sidewalk/maintenance vehicles 4" conc over base 1247 SF 8.50$ 10,599.50$ Mar-20 PATHS QTY UNIT COST/UNIT EXTENDED COST Gravel - 4" Depth 51 SY 15.00$ 765.00$ Mar-20SUB TOTAL 765.00$ UTILITIES QTY UNIT COST/UNIT EXTENDED COST6" HDPE Storm drain pipe 0 LF 55.00$ -$ Mar-2012" HDPE Storm drain pipe 0 LF 60.00$ -$ Mar-20 Storm sewer - catch basins 0 EA 1,050.00$ -$ Mar-20Major adjustment of manholes 0 EA 2,500.00$ -$ Mar-20 SUB TOTAL -$ IRRIGATION QTY UNIT COST/UNIT EXTENDED COST Small system 8226 SF 2.25$ 18,508.50$ Mar-20 File: s:\estimating\master\Master Cost Estimate Template.xls 9.C.c Packet Pg. 68 Attachment: Dennis Richardson Preliminary Cost Estimate (1273 : Dennis Richardson Memorial Project Funding Resolution) SUB TOTAL x WATER CONSTRUCTION QTY UNIT COST/UNIT EXTENDED COST Mechanical vault 1 EA 10,000.00$ 10,000.00$ circulating pump 1 EA 1,500.00$ 1,500.00$ Fountain circulating piping 250 LF 8.00$ 2,000.00$ Nozzles 2 EA 100.00$ 200.00$ Electrical service, ?1 EA 1,750.00$ 1,750.00$ Pump start and control 1 EA 2,500.00$ 2,500.00$ Carved shaped Runnels 0 LS 42,000.00$ 42,000.00$ Mar-20SUB TOTAL 59,950.00$ LAWN / GRASSES QTY UNIT COST/UNIT EXTENDED COSTAllowance to repair existing lawn 1 LS 2,000.00$ 2,000.00$ Hydroseed, fertilizer and mulches 9380 SF 0.30$ 2,814.00$ Mar-20Aged Yard Compost 3 yds per 1000sf 38 CY 55.00$ 2,090.00$ Mar-20 SUB TOTAL 6,904.00$ PLANTING INSTALLED QTY UNIT COST/UNIT EXTENDED COST Deciduous tree, 2" cal.5 EA 475.00$ 2,375.00$ Mar-20Shrub planting - 1 gal. ($15-$20)237 EA 26.00$ 6,162.00$ Mar-20Shrub planting - 2 gal.77 EA 40.00$ 3,080.00$ Mar-20 Shrub planting - 3 gal.0 EA 45.00$ -$ Mar-20Annuals 4" pot 361 EA 4.00$ 1,444.00$ Mar-20 SUB TOTAL 13,061.00$ CONCRETE QTY UNIT COST/UNIT EXTENDED COST Cast-in-place walls Mar-20 Footing, reinforced - 8"x18" Water troughs for fountain 40 LF 10.00$ 400.00$ Mar-20 Seat Wall, 18: ht.180 LF 65.00$ 11,700.00$ Mar-20SUB TOTAL 12,100.00$ STONEWORK QTY UNIT COST/UNIT EXTENDED COSTBoulders - size ?14 EA 200.00$ 2,800.00$ Mar-20 Local boulders, crane set 4 Ton 400.00$ 1,600.00$ Mar-20 Granite, 2 1/2-4" veneer, thermal finish, gray 540 FF 70.00$ 37,800.00$ Mar-20SUB TOTAL 42,200.00$ Pond waterproofing 1 LS 5,000.00$ 5,000.00$ SUB TOTAL 5,000.00$ SUB TOTAL 211,733.70$ ADDITIONAL COST FACTORSEstimating Contingency (4%)-$ Sep-09 Index to Construction Start Time (0.75 %) - 1,588.00$ Sep-09General Conditions/Permits/Insp./ Bonds and insurances (8.25%) (typ around 7-11% )17,468.03$ Sep-09 Mobilization 1% 2,117.34$ Feb-06General Contr. O/H & P Fee (3.75%) - -$ Sep-09Leed Certification. (1.75%)10,586.69$ Sep-09TOTAL ESTIMATED DIRECT CONSTRUCTION COSTS 00,000 sf $0.00 / sf 243,493.76$ CONTIGENCY ALLOWANCERecommended Construction contingency allowance / (Estimating Contingency - 7.5%-10% )24,349.38$ Apr-06 TOTAL WITH CONTINGENCY 267,843.13$ OPTIONAL ASSUMPTIONS: Prevailing wage rates apply, No donated material or labor. 9.C.c Packet Pg. 69 Attachment: Dennis Richardson Preliminary Cost Estimate (1273 : Dennis Richardson Memorial Project Funding Resolution) Resolution No. _____________; May 14, 2020 RESOLUTION NO. ______________ A RESOLUTION AUTHORIZING BUDGETING FOR THE DENNIS RICHARDSON MEMORIAL IN THE 2021-2023 FISCAL YEAR BUDGET RECITALS: A. Whereas, the City has contracted with John Galbraith to develop plans for a Memorial for the late Dennis Richardson; B. The plans were reviewed and approved by the City Council with a budget up to $270,000; The City of Central Point resolves as follows: Section 1. The City will budget $100,000 from the the 2021-2013 FY Parks budget for the construction of the Dennis Richardson Memorial. Section 2. The City will work with different organizations and private donors to budget for the remaining balance. Passed by the Council and signed by me in the authentication of its passage this ______ day of _________________, 2020. ___________________________________ Mayor Hank Williams ATTEST: __________________________________ City Recorder 9.C.d Packet Pg. 70 Attachment: dennisrichardsonresolution [Revision 1] (1273 : Dennis Richardson Memorial Project Funding Resolution) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: City Attorney FROM: Sydnee Dreyer, City Attorney MEETING DATE: May 14, 2020 SUBJECT: Resolution No. ______, Ratifying Continued Local State of Emergency to 6-15-2020 ACTION REQUIRED: Motion Resolution RECOMMENDATION: Approval BACKGROUND INFORMATION: On March 25, 2020, the City Manager and Mayor signed an Administrative Order declaring a local state of emergency, which was to expire on May 15, 2020. The City Council ratified said Administrative Order on April 9, 2020, pursuant to Resolution No. 1616. On May 5, 2020, the City Manager and Mayor signed an Administrative Order declaring a continuing state of emergency to extend through June 15, 2020 based on the following conditions: 1. Coronaviruses are a group of viruses that can cause respiratory disease, with the potential to cause serious illness or loss of life; 2. Multiple cases of Coronavirus (COVID-19) have been detected in the state of Oregon, with at least two identified cases in Jackson County; 3. On March 8, 2020, the Governor of the State of Oregon declared a state of emergency for the entire state of Oregon relating to COVID-19 in the State of Oregon; 4. On March 11,2020, the World Health Organization declared COVID-19 to be a global pandemic; 5. On March 13, 2020, the President declared a national state of emergency; 6. On March 12, 2020, the Governor adopted Executive Order 20-05 prohibiting all large gatherings of 250 people or more; 7. The Governor has ordered all schools in the state closed through April 28,2020; 8. On March 17, 2020, the Governor adopted Executive Order 20-07 prohibiting on- 9.D Packet Pg. 71 premises consumption at restaurants, bars, cafes, etc., and increasing the prohibition against public gatherings to events involving 25 people or more; 9. On March 23, 2020, the Governor adopted Executive Order 20-12 ordering that to the maximum extent possible, individuals must stay at home or at their place of residence and prohibiting non-essential social and recreational gatherings of any size unless a distance of 6-feet can be maintained; prohibiting individuals from patronizing businesses that are required to close (such as gyms, hair salons, spas, malls, tennis clubs, etc.); requiring social distancing for all other businesses that remain open; requiring other businesses to facilitate telework to the maximum extent possible; closing state executive branch offices to the maximum extent possible; and closing public and private camp grounds, pools, skate parks, outdoor sports courts and playground equipment areas. 10. On May 1, 2020, the Governor adopted Executive Order 20-24 extending the State of Emergency to July 6, 2020 due to the continuing threat of COVID-19. 11. ORS Chapter 401 and the EOP authorize certain actions to be taken during a state of emergency when necessary for public safety or for the efficient conduct of activities to minimize or mitigate the effects of the emergency; 12. The unknown duration of the COVID-19 pandemic will have a significant impact to the City of Central Point and the community at large; 13. To ensure the City remains prepared for COVID-19 and that local authorities have the resources needed to respond to COVID-19, a declaration of emergency is necessary; 14. The entire City of Central Point is in a state of emergency per the City's adopted Emergency Operations Plan (EOP); FINANCIAL ANALYSIS: LEGAL ANALYSIS: Pursuant to EOP 1.7.2, 3.2.1.1 and 3.2.1.2, the City Council shall consider ratification of the Declaration of Continuing Local State of Emergency at its next regularly scheduled Council meeting, which is currently scheduled for May 14, 2020. Such ratification would also authorize the City Manager to extend the local state of emergency beyond June 15, 2020 in two-week increments for which such extensions would require ratification by the City Council. COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: Not applicable. STAFF RECOMMENDATION: Make a motion to approve the resolution ratifying the Administrative Order. 9.D Packet Pg. 72 RECOMMENDED MOTION: I move to approve Resolution No. ______, a resolution of the City of Central Point ratifying the City Manager’s Administrative Order dated May 5, 2020 declaring a continuing local state of emergency in the City of Central Point as a result of COVID-19 pandemic. ATTACHMENTS: Resolution No. ____ Administrative Order dated 5-5-2020 ______________________________________________________________________ ATTACHMENTS: 1. RESO Ratifying Emergency to June 15 2. Admin ORder extenstion 9.D Packet Pg. 73 RESOLUTION NO. _____ A RESOLUTION OF THE CITY OF CENTRAL POINT RATIFYING THE CITY MANAGER’S ADMINISTRATIVE ORDER DATED MAY 5, 2020 DECLARING A CONTINUING LOCAL STATE OF EMERGENCY IN THE CITY OF CENTRAL POINT AS A RESULT OF COVID-19 PANDEMIC RECITALS: A. Declarations of Emergency may be declared by the City Manager pursuant to Central Point Emergency Operations Plan (“EOP”) Section 1.7.2 subject to ratification by the City Council. Such Declaration was approved by the Mayor, pursuant to EOP 3.2.1.1. B. On March 25, 2020, the City Manager of the City of Central Point declared a local state of emergency, which was ratified by the City Council on April 9, 2020. C. On May 5, 2020, the City Manager of the City of Central Point declared a continuing local state of emergency due to the COVID- 19 pandemic, extending such local state of emergency to June 15, 2020. C. The City Council of the City of Central Point is in full agreement with the Declaration of continuing local emergency and all the contents thereof. The City of Central Point resolves as follows: Section 1. The City Manager’s Administrative Order dated May 5, 2020 Declaring a Continuing Local State of Emergency in the City of Central Point as a Result of COVID-19 Pandemic, attached hereto as Exhibit “A”, is ratified. Section 2. The City Manager’s authority to extend the local state of emergency beyond June 15, 2020 in two-week increments is hereby affirmed. Passed by the Council and signed by me in authentication of its passage this 14th day of May, 2020. __________________________ Mayor Hank Williams ATTEST: ____________________________ City Recorder 9.D.a Packet Pg. 74 Attachment: RESO Ratifying Emergency to June 15 (1275 : Resolution Ratifying Coninued Local State of Emergency to 6-15-2020) Resolution No. _____ May 14, 2020 9.D.a Packet Pg. 75 Attachment: RESO Ratifying Emergency to June 15 (1275 : Resolution Ratifying Coninued Local State of Emergency to 6-15-2020) DECLARING A CONTINUING STATE OF EMERGENCY IN THE CITY OF CENTRAL POINT AS A RESULT OF COVID-19 PANDEMIC THE CITY MANAGER OF THE CITY OF CENTRAL POINT FINDS THAT A. ORS 401.305 and Central Point Emergency Operations Plan ("EOP') provide authority for the City of Central Point to act as an emergency management agency, including authority to establish policies and protocols for defining and directing responsibilities during the time of emergency. B. Pursuant to EOP Section 1.6.1, the City Manager is designated the Emergency Manager with authority for organization and administration and operations of the Emergency Management Organization ("EMO"). C. Pursuant to EOP Section 1 .7 .2, in the event of an emergency, if a quorum of the City Council is not immediately available, the City Manager is delegated with the authority to declare an emergency. D. Pursuant to EOP Section 3.2.1.1, in the event of an emergency the Mayor may initiate an emergency Declaration, to be ratified by Council. E. The City Manager has made reasonable efforts to inform the City Council and the Mayor of the need to declare an emergency. F. On March 25,2020, the City Manager and Mayor signed an Administrative Order Declaring a Local State of Emergency, which was to expire on May 15,2020. ADM|N|STRATVE oRDER DArED MAy slloro Of the Gity Manager of Central Point G. The City Council ratified said Administrative Order on April 9,2020, pursuant to ResolutionNo. /blU H. The City Manager for the City of Central Point finds that the following conditions have resulted in the need to extend the declaration of emergency to June 15,2020: 1. Coronaviruses are a group of viruses that can cause respiratory disease, with the potential to cause serious illness or loss of life; 2. Multiple cases of Coronavirus (COVID-19) have been detected in the state of Oregon, with at least two identified cases in Jackson County; Page 1 of 3 9.D.b Packet Pg. 76 Attachment: Admin ORder extenstion (1275 : Resolution Ratifying Coninued Local State of Emergency to 6-15-2020) 3. On March 8,2020, the Governor of the State of Oregon declared a state of emergency for the entire state of Oregon relating to COVID-19 in the State of Oregon; 4. On March 11,2020, the World Health Organization declared COVID-19 to be a global pandemic; 5. On March 13,2020, the President declared a national state of emergency; 6. On March 12,2020, the Governor adopted Executive Order 20-05 prohibiting all large gatherings of 250 people or more; 7. The Governor has ordered all schools in the state closed through April 29,2020; 8. On March 17,2020, the Governor adopted Executive Order 20-07 prohibiting on-premises consumption at restaurants, bars, cafes, etc., and increasing the prohibition against public gatherings to events involving 25 people or more; 9. On March 23,2020, the Governor adopted Executive Order 20-12 ordering that to the maximum extent possible, individuals must stay at home or at their place of residence and prohibiting non-essential social and recreational gatherings of any size unless a distance of 6-feet can be maintained; prohibiting individuals from patronizing businesses that are required to close (such as gyms, hair salons, spas, malls, tennis clubs, etc.); requiring social distancing for all other businesses that remain open; requiring other businesses to facilitate telework to the maximum extent possible; closing state executive branch offices to the maximum extent possible; and closing public and private camp grounds, pools, skate parks, outdoor sports courts and playground equipment areas. 10.On May 1 ,2020, the Governor adopted Executive Order 20-24 extending the State of Emergency to July 6, 2020 due to the continuing threat of COVID-19 1 1. ORS Chapter 401 and the EOP authorize certain actions to be taken during a state of emergency when necessary for public safety or for the efficient conduct of activities to minimize or mitigate the effects of the emergency; 12.The unknown duration of the COVID-19 pandemic will have a significant impact to the City of Central Point and the community at large; 13.To ensure the City remains prepared for COVID-19 and that local authorities have the resources needed to respond to COVID-19, a declaration of emergency is necessary; Page 2 of 3 9.D.b Packet Pg. 77 Attachment: Admin ORder extenstion (1275 : Resolution Ratifying Coninued Local State of Emergency to 6-15-2020) 14.The entire City of Central Point is in a state of emergency per the City's adopted Emergency Operations PIan (EOP); Pursuant to EOP 1.7.2,3.2.1.1 and 3.2.1.2, the City Council shall consider ratification of the Declaration of Continuing Local State of Emergency at its next regularly scheduled Council meeting, which is currently scheduled for May 14,2020. Now therefore, based on the above findings, THE CITY MANAGER OF THE CITY OF CENTRAL POINT ORDERS THAT: 1. The threat of COVID-19 to public health and safety continues and therefore I am extending the local state of emergency currently in effect under my Administrative Order dated March 25,2020 (ratified by City Council on April 9,2020) to June 15,2020. 2. Such declaration of local emergency may be extended in two-week increments so long as COVID-19 continues to pose an on-going, immediate, and substantialthreat to life, safety, health, or property in the City of Central Point. By the ratification of the City Council, the City Council is asked to give the City Manager authority to extend this Declaration of Continuing Local State of Emergency, such extensions to be ratified by Council at subsequent regularly scheduled Council meetings. Dated this$day of fl1-,,f 2020 \/ /% &p ehris Clayton, City N4dnager Approved Mayor Hank lliams Ratified by City Council action on May 14,2020 ATTEST City Recorder Page 3 of 3 9.D.b Packet Pg. 78 Attachment: Admin ORder extenstion (1275 : Resolution Ratifying Coninued Local State of Emergency to 6-15-2020) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Administration FROM: Chris Clayton, City Manager MEETING DATE: May 14, 2020 SUBJECT: Resolution No. ____, Scheduling Biennial Election of Central Point City Officers on November 3, 2020 ACTION REQUIRED: Resolution RECOMMENDATION: The attached resolution sets the date for the next general election of city officers to coincide with Statewide General Election on Tuesday November 3, 2020. The positions of Ward IV, two At-Large, and the Mayor will be up for election. The filing period for the election begins Monday July 6, 2020 and runs through Tuesday August 25, 2020. Election packets are being prepared and will be available July 6, 2020 in City Hall. RECOMMENDED MOTION: Move to approve Resolution No. _______, Scheduling Biennial Election of Central Point City Officers on November 3, 2020. ATTACHMENTS: 1. Election Resolution 2020_candidates 9.E Packet Pg. 79 RESOLUTION NO. _____________ A RESOLUTION SCHEDULING BIENNIAL ELECTION OF CENTRAL POINT CITY OFFICERS ON NOVEMBER 3, 2020 RECITALS: A. The Central Point City Charter provides that regular City elections shall be held at the same time and place as biennial general state elections, and the next biennial state election is scheduled for November 3, 2020; B. The biennial election of the City of Central Point, Oregon, shall be held concurrently with the general election of the State of Oregon on November 3, 2020, between the hours of 7:00 a.m. and 8:00 p.m. Pacific Standard Time, at which election the citizens shall elect one Mayor, council member from Ward IV, and two Council Members At-Large. C. The precincts and judges and clerks of election shall be the same as those provided within the City of Central Point, Oregon, for the statewide general election held on the same date. D. The City Recorder is hereby authorized and directed to give notice of said election by posting notice thereof in a conspicuous place in the City Hall and in one public place in each voting precinct of the City. The notice shall state the officers to be elected and the time and place of the election. E. All candidates for the offices mentioned in Section 1 above shall file the proper forms of nomination with the City Recorder during normal business hours between Monday, July 6, 2020, and Tuesday, August 25, 2020. The City of Central Point resolves as follows: Section 1. The Central Point City Charter provides that regular City elections shall be held at the same times and places as biennial general state elections, and the next biennial state election is scheduled for November 3, 2020; Passed by the Council and signed by me in authentication of its passage this ____ day of May, 2020. ____________________________________ Mayor Hank Williams ATTEST: __________________________________ City Recorder 9.E.a Packet Pg. 80 Attachment: Election Resolution 2020_candidates (1268 : Resolution Scheduling Biennial Election) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Administration FROM: Chris Clayton, City Manager MEETING DATE: May 14, 2020 SUBJECT: Discussion Requiring Signatures on Nomination Petitions ACTION REQUIRED: Information/Direction RECOMMENDATION: Central Point Municipal Code 2.20.060 outlines the requirements for nomination by petition for city elected positions. 2.20.060 Nomination by petition. A. Nomination for a city elective position shall be by a petition that specifies the office sought and shall be in a form prescribed by the Secretary of State and the city of Central Point. B. Electors may sign one petition for each position to be placed on the ballot. The circulator must certify on each signature sheet that the circulator witnessed the signing of the signature sheet by each individual whose signature appears on the signature sheet and attest that each individual is believed to be qualified to sign as provided in ORS 249.061 (4). Failure to comply with the legal requirements and guidelines as contained in OAR 165-014-0270 will result in the rejection of those signature sheets. C. Signature sheets may not be circulated until the city recorder has approved the prospective petition and provided a letter authorizing the gathering of signatures. 1. All petitions for nomination for the office of city councilor from a particular ward shall be signed by not less than twenty electors of the city who reside within that ward. 2. All petitions for nomination for the office of mayor or a city councilor-at-large shall be signed by not less than twenty electors of the city. D. Candidates must allow sufficient time to have the signatures verified by the Jackson County elections division before the city’s filing deadline. Failure to do so will result in the rejection of those signature sheets. E. When the city recorder receives notification that a minimum of twenty signatures have been approved by the Jackson County elections division, a letter of completion will be provided to the candidate. In March the World Health Organization declared a global pandemic caused by the COVID-19 coronavirus which can cause respiratory disease, with the potential to cause serious illness or 10.A Packet Pg. 81 loss of life for individuals with underlying health conditions. Governor Kate Brown declared a state of emergency in Oregon (Executive Order No. 20-03), finding that COVID-19 has created a threat to public health and safety constituting a statewide emergency. Executive Order 20-12 enacted a public health law called “Stay Home, Save Lives” including restrictions of limitations on individual travel, social distancing requirements and enforcement measures for non- compliance. Said order is in place indefinitely. Due to the uncertain length of the “Stay-Home, Save-Lives” order and the social distancing requirements it will be difficult for potential candidates to go door to door gathering signatures for nomination. DISCUSSION: Staff is proposing a temporary amendment to CPMC 2.20.070 (listed above) requiring signatures for nomination. ORS 249.056 sets filing fees for candidates such as U.S. Senator, Governor, district attorney, and State Senator or Representatives. The filing fee for a State Senator or Representative is $25.00. In 2011 the City Council passed Ordinance 1951, implementing provisions for conducting city elections. At that time the council was not in favor of allowing candidates to file by fee. They preferred the personal touch requiring signature gathering. The City Recorder is recommending an ordinance temporarily suspending the requirement to gather 20 signatures for nomination. The amendment would allow candidates to file for office with a $25.00 fee which will be put into the General Fund. An Emergency Clause would be necessary because we would not have enough time for two readings of the ordinance plus the 30 day appeal period before the filing window opens on July 6, 2020. ATTACHMENTS: 1. ORD Temporarily Suspending Petition requirements 10.A Packet Pg. 82 Pg. 1 Ordinance No. ____________ (__/__/___) ORDINANCE NO. _______ AN ORDINANCE TEMPORARILY AMENDING SECTION 2.20.060 OF THE CENTRAL POINT MUNICIPAL CODE TO TEMPORARILY SUSPEND THE REQUIREMENT TO FILE BY PETITION FOR THE 2020 GENERAL ELECTION AND DECLARING AN EMERGENCY Recitals: A. Words lined through are to be deleted and words in bold are added. B. Central Point Municipal Code 2.20.060 states that nomination for city elective positions shall be by a petition signed by not less than twenty electors of the city who reside within with in the ward for which the candidate is running. In the case of the Mayor and two At-Large positions they would reside within the city limits. C. In 2020, the World Health Organization declared a global pandemic caused by the COVID-19 coronavirus. Coronaviruses can cause respiratory disease, with the potential to cause serious illness or loss of life for individuals with underlying health conditions. In March, Governor Kate Brown declared a state of emergency due to the COVID-19 outbreak in Oregon (Executive Order No. 20-03), finding that COVID-19 has created a threat to public health and safety constituting a statewide emergency. Executive Order 20-12 enacted a public health law called “Stay Home, Save Lives” including restrictions of limitations on individual travel, social distancing requirements and enforcement measures for non- compliance. Said order is in place indefinitely. D. Electronic signatures for elections purposes are only permitted by state law at the present time for initiative, referendum, or recall purposes but not petitions for candidacy. E. The City desires to abide by the Governor’s order and do what it can to protect the health and safety of its residents. F. The City finds that requirements to collect original signatures during the COVID pandemic may unnecessarily increase health risks to its residents through increased personal contact. G. In order to ensure that this temporary modification is adopted prior to the opening of elections on July 6, 2020, and that potential candidates have adequate information as to the process for candidacy prior to that 10.A.a Packet Pg. 83 Attachment: ORD Temporarily Suspending Petition requirements (1272 : Discussion for required signatures on petitions) Pg. 2 Ordinance No. ____________ (__/__/___) date, the City finds that a Declaration of Emergency is necessary. THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section 1. Section 2.20.060 of the Central Point Municipal Code is amended to read: Chapter 2.20 Elections, Wards Sections: 2.20.060 Nomination by petition 2.20.060 Nomination by petition. A. Nomination for a city elective position shall be by a petition that specifies the office sought and shall be in a form prescribed by the Secretary of State and the city of Central Point. B. Electors may sign one petition for each position to be placed on the ballot. The circulator must certify on each signature sheet that the circulator witnessed the signing of the signature sheet by each individual whose signature appears on the signature sheet and attest that each individual is believed to be qualified to sign as provided in ORS 249.061(4). Failure to comply with the legal requirements and guidelines as contained in OAR 165-014-0270 will result in the rejection of those signature sheets. C. Signature sheets may not be circulated until the city recorder has approved the prospective petition and provided a letter authorizing the gathering of signatures. 1. All petitions for nomination for the office of city councilor from a particular ward shall be signed by not less than twenty electors of the city who reside within that ward. 2. All petitions for nomination for the office of mayor or a city councilor-at- large shall be signed by not less than twenty electors of the city. 10.A.a Packet Pg. 84 Attachment: ORD Temporarily Suspending Petition requirements (1272 : Discussion for required signatures on petitions) Pg. 3 Ordinance No. ____________ (__/__/___) D. Candidates must allow sufficient time to have the signatures verified by the Jackson County elections division before the city’s filing deadline. Failure to do so will result in the rejection of those signature sheets. E. When the city recorder receives notification that a minimum of twenty signatures have been approved by the Jackson County elections division, a letter of completion will be provided to the candidate. F. Alternative Method for Social Distancing. Until January 1, 2021, in lieu of the above-described signature requirements of Sections A – E above, an individual may instead choose to pay a fee of $25 to the City of Central Point to be paid along with the Candidate forms prescribed in 2.20.080, filed with the City Recorder. Section 2. This change to Section 2.20.060 of the Central Point Municipal Code shall be repealed without further Council action effective January 1, 2021. Section 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word Ordinance may be changed to “code”, “article”, “section”, “chapter”, or other word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions need not be codified and the City Recorder is authorized to correct any cross references and any typographical errors. Section 4. EMERGENCY. This ordinance is necessary for the immediate preservation of the health, and safety of our citizens and potential candidates due to the limited time frame and limited meeting schedule during this pandemic. This ordinance shall be in full force and effective on the date of its passage. Passed by the Council and signed by me in authentication of its passage this _____ day of _____________________, 20___. __________________________ Mayor Hank Williams ATTEST: _____________________________ City Recorder 10.A.a Packet Pg. 85 Attachment: ORD Temporarily Suspending Petition requirements (1272 : Discussion for required signatures on petitions) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Community Development FROM: Tom Humphrey, Community Development Director MEETING DATE: May 14, 2020 SUBJECT: Planning Commission Report ACTION REQUIRED: Information/Direction RECOMMENDATION: Approval The following items were presented by staff and discussed by the Planning Commission at its regular meeting on May 5, 2020. A. Public Hearing to consider a Tentative Plan for the development of an 8-lot commercial subdivision. The project site is located on the southwest corner of Biddle and Table Rock Roads in the C-4, Tourist and Office Professional commercial zoning district and is identified on the Jackson County Assessor’s Map as 37S 2W 01C, Tax Lot 700. File No. SUB-20001. Applicant: South Salem, LLC Agent: Rogue Planning & Development Services, LLC. This property consists of 7.01 acres and is adjacent to other commercial property that received City approval for the development of a car wash and an oil change business. The owners/ applicants are subdividing the property to be ready for additional development proposals in a comprehensive way. The meeting was conducted electronically via ZOOM during which no one from the public other than the applicants participated. A traffic analysis was completed using examples of high trip generators (i.e. fast food restaurants, etc.) to assess ‘worse case’ traffic impacts and make corresponding improvements. Coordination occurred with City staff and multiple agencies to arrive at a well thought out development proposal. The Commission agreed with the conclusions of the traffic analysis and with the conditions and findings in the staff report and they approved the subdivision. B. Public Hearing to consider a Comprehensive Plan and Zoning Map Amendment to change the zoning designation on multiple properties south of Bush Street between South 4th and South 1st Streets from C-2(M) Commercial-Medical to R-1-6 (Residential Single Family) and Civic. The properties involved in this application are identified on the Jackson County Assessor’s Map as 37S 2W 11BC, Tax Lots 800 through 5000 and 37S 2W 11BL, Tax Lots 100-700. File No. CPA-19008. Applicant: City 10.B Packet Pg. 86 of Central Point. Fifty percent of the property in this area has been acquired by School District #6 and is being considered for elementary school expansion. The Planning Commission conducted a public hearing electronically via ZOOM during which no one from the school district or the neighborhood participated. Planning staff explained that five phone calls were received prior to the meeting, questions were answered and there were no objections to the proposed changes. A traffic analysis was completed in order for the zone change to comply with the State’s Transportation Planning Rule (TPR). The Commission agreed with staff that the conclusions of the traffic analysis may not have been based on the correct assumptions since none of the existing residences were credited with generating vehicle trips. The Commission accepted the findings in the staff report and recommended approval of this proposal with the understanding that traffic assumptions would be revisited and resolved before a presentation was made to the City Council. Miscellaneous: Planning staff reviewed and answered questions about various development projects and planning applications occurring around the City. 10.B Packet Pg. 87 City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Public Works FROM: Matt Samitore, Parks and Public Works Director MEETING DATE: May 14, 2020 SUBJECT: Battle of the Bones 2018 Financial Report ACTION REQUIRED: Information/Direction RECOMMENDATION: Approval BACKGROUND INFORMATION: The City has been in contact with Jackson County regarding the future of our annual Battle of the Bones. Historically, the City has been operating the event with general event insurance but not insurance for the individual teams. The County has been updating their event requirements, and the City now has to decide between either having BBQ teams get individual insurance policies or claim full responsibility for the event. The main issue is the vast majority of the teams are not businesses, and the cost of the required insurance policy is between $300-400 each. Additionally, most of the teams don’t place in the top 5 or only do so in an individual category, so their prize money would not cover their increased insurance costs. The City has contacted all of the teams from last year, and only two could/would obtain insurance. City-County Insurance Services (CCIS) will only cover the general event insurance, such as someone tripping or something falling over. They will not cover the individual teams. The City has reached out to all event insurance providers, and none of them will cover the respective teams. That leaves the City in a precarious situation of essentially “self-insuring” the teams, which can lead to additional legal exposure. Further, the event itself is becoming difficult to financially support and make a profit as the overall costs to cover event expenditures are driving ticket prices higher than the desired pricepoint. To that end, the City and Expo had previously agreed to reduce the event to two days from the previous three-day event. Moreover, the staff was already contemplating the viability of the event beyond 2020, and with the coronavirus restrictions in place, which may still impose limitations until next fall, the staff is concerned the event will not break even or could lose significant amounts of money. Staff is suggesting either to cancel the 2020 Battle of the Bones now to give the Expo enough time to reorganize the 2020 Brewfest or to pay for individual insurance policies for the teams to make the event compliant. The City would analyze the event during the 2021/23 FY budget planning to determine if it’s viable to bring the event back in the future. 10.C Packet Pg. 88 FINANCIAL ANALYSIS: Battle of the Bones has been profitable over the last several years, but with added insurance, the profit will likely be reduced or eliminated. LEGAL ANALYSIS: N/A COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: N/A STAFF RECOMMENDATION: N/A RECOMMENDED MOTION: N/A 10.C Packet Pg. 89