CITY COUNCIL MEETING AGENDA PACKET

-42 - Section 31. Meal Pay Effective the first full pay period after City Council ratification of a new MOU, any employee required to work twelve (12) consecutive hours or beyond in a given work duty period, and is directed by their supervisor to continue working without the opportunity for a dinner meal break shall be provided a meal allowance of twenty-five dollars ($25.00), which shall be paid on the employee’s regular pay check. Section 32. Modified Duty The City may return an employee to modified duty on a temporary basis provided that a physician's release to return to modified duty has been issued, the Department Head and/or division chief has determined that suitable modified duty exists, and that the employee can perform said work safely and not impede his/her convalescence. Modified duty shall be provided in accordance with the City of Pleasanton “Return to Work Opportunity Program”. Section 33. Americans with Disabilities Act The City and the Union recognize that the City has an obligation under law to meet with individual employees who allege a need for reasonable accommodation in the workplace because of a disability. If by reason of the aforesaid requirement, the City contemplates actions to provide reasonable accommodation to an individual employee in compliance with the ADA which are in potential conflict with any provision of this Memorandum of Understanding, the Union will be advised of any such proposed accommodation and be afforded an opportunity to discuss same prior to implementation by the City. Section 34. Scope of Agreement and Separability of Provisions 34.1 Scope of Agreement. Neither party shall. during the term of this MOU demand any modifications to the MOU, provided that nothing herein shall prohibit the parties from changing the terms of this MOU by mutual agreement. 34.2 Separability of Provisions. Should any section. clause or provision of this MOU be declared illegal, unlawful or unenforceable, by final judgment of a court of competent jurisdiction. such invalidation of such section. clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this MOU. 34.3 Personnel Policies. Where a specific provision contained in a section of this MOU conflicts with a specific provision contained in a section of the Personnel Policies the provision of this MOU shall prevail. It is recognized, however, that certain provisions of the Personnel Policies may be supplementary to the provisions of this MOU or deal with matters not within the scope of representation and as such remain in full force and effect. Page 209 of 373