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Home My Public Portal About82-045 (03-16-82)r RESOLUTION NO. 82 -45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE COMPREHENSIVE ' MEMORANDUM OF UNDERSTANDING WITH THE LYNWOOD CITY EMPLOYEES' ASSOCIATION WHEREAS, Personnel staff has conducted exhaustive research into the pre- viously negotiated provisions with the Lynwood City Employees' Association, pre- pared the attached Comprehensive Memorandum and met in good faith with Associa- tion Representatives regarding same; and -- WHEREAS - -Lynwood — City Employees" Association Representative's'have - studied and validated the Comprehensive Memorandum; and WHEREAS, staff .has determined that the Comprehensive Memorandum of Under- standing represents a complete and up -to -date compilation of negotiated provisions between the City of Lynwood and the Lynwood City Employees' Association; and WHEREAS, the Municipal Employee Relations Officer, Charles Gomez, and Lyn- wood City Employees' Association Representatives, Steven Munoz and Jerome Samuel, have met and agreed to the Comprehensive Memorandum and submit same to the City Council of the City of Lynwood for approval; and WHEREAS, the City Council of the City of Lynwood wishes to approve the attached Comprehensive Memorandum between the City of Lynwood and the Lynwood City Employees' Association. NOW, THEREFORE, the City Council of the City of Lynwood does hereby resolve as follows: SECTION 1 . The Comprehensive Memorandum of Understanding, which.compiles and supersedes previous Memoranda, between the Lynwood City Employees' Association and the Municipal Employee Relations Officer representing the City of Lynwood is adopted. SECTION 2 . This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 16th day of March 1982. /s/ JOHN D. BYORK ATTEST: /s/ LAURENE COFFEY -- -LAUR NE - COFFEY, - _Ctty -Cierk - City of Lynwood APPROVED AS TO FORM: /s/ DAVID R. MC EWEN DAVID E. MC E6,cN, City Attorney JOHN D. BYORK, Mayor City of Lynwood APPROVED AS TO CONTENT: SANDRA CHAPEK, Personnel Manager i STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of said City at - 'a" -- regular 4neetirg thereof�'held" - — in the City Hall of said City on the 16th day of � �r 1982, and passed by the following vote: AYES: Councilmen Green, Morris, Rowe, Thompson, Byork NOES: None ABSENT: None /s/ Laurene Coffey _ City Clerk, City of Lvnwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. I, the undersigned.City Clerk of the City of Lynwood, and clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 82 -45 on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated = this 19th day- -of- = March - 1982.- _- �; City Clerk, City qtj,LybYwood s City of 133c BULL'S ROAD CtNWOOD. CALIFORNIA 902E2 (213) 603 -0220 COMPREHENSIVE MEMORANDUM OF UNDERSTANDING FOR SUBMISSION TO THE LYINWOOD CITY -OUNCIL REGARDING THE LYNWOOD CITY DIPLOYEES ASSOCIATION TABLE OF CONTENTS F ARTICLE I DTLEMENTATION . . . . . . . . . . . . . . . . . . . . . . ARTICLE II EMPLOYEE RECOGNITION . . . . . . . . . . . . . . . ARTICLE III CITY RIGHTS . . . . . . . . . . . . . . . . . . . . . . .. ARTICLE IV STEP INCREASES . . . . . . . . . . . . . . . .. . . . . . ARTICLE V SALARIES /WAGES . . . . . . . . . . . . . . . . . . . . . . ARTICLE VI STANDBY PAY . . . . . . . . . . . . . . . . . . . . . . . ARTICLE VII OVERME . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE VIII TOOL ALLOWANCE . . . . . . . . . . . . . . . . . . . . . ARTICLE IX UNIFORM AND CLOTHING ALLOWANCE . . . . . . . . . . . . . . ARTICLE X MILEAGE REIMBURSEMENT . . . . . . . . . . . . . . . ARTICLE XI PREMIUM PAY . . . . . . . . . . . . . . . . . . . . . ARTICLE XII LONGEVITY PAY . . . . . . . . . . . . . . ARTICLE XIII EMPLOYEE'S INSURANCE COVERAGE , , , , , , , , , , , , , , ARTICLE XIV SICK LEAVE POLICY . . . . . . . . . . . . . . . . . . . . ARTICLE XV HOLIDAYS . . . . . . . . . . . . . . . . . . . . . ARTICLE XVI ACTING SUPERVISORY COMPENSATION . . . . . . . . . . . . . ARTICLE XVII RETIREMENT POLICY . . . . . . . . . . . . . . . . . . . . ARTICLE XVIII CALL BACK PAY . . .c . . . . . . . . . . . . . . . . . . . ARTICLE XLY DISCRIlINATION . . . . . . . . . . . . . . . . . . . . . . ARTICLE XX ANNUAL VACATION LEAVE . . . . . . . . . . . . . . . . . . ARTICLE != MILITARY LEAVE . . . . . . . . . . . . . . . . . . . . . . ARTICLE XXII LEAVE OF ABSENCE . . . . . . . . . . . . . . . . . . . . . ARTICLE XXIII HOURS OF WORK . . . . . . . . . . . . . . . . . . . . . . ARTICLE XXIV ATTENDANCE . . . . . . ... . . . . . . . . . . . . . . . . ARTICLE LXV GFJEVP2iCES . . . . . . . . . . . . . . . . . . . . . . . `• i i i I ARTICLE RYVI BEREAVE,%ENT_ LEAVE . . . . . . . . . . . . . . . . . . . . k € ARTICLE XXVII E ERGENCY LEAVE . . . . . . . . . . . . . . . . . . . . ARTICLE' XXVIII JURY DUTY . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE MIX SERVICE DISABILITY . . . . . . . . . . . . . . . ARTICLE XXX NO STRIKE . . . . . . . . . . . . . . . . . . . . . . ARTICLE =1 FULL FAITH AND CREDIT CLAUSE . . . . . . . . . . . . . . . ARTICLE XXXII SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . ARTICLE =III DURATION . . . . . . . . . . . . . . . . f i ARTICLE I IMPLEMENTATION The wages, hours and conditions of employment that are set forth in this memorandum have been discussed and jointly proposed by and between the Municipal Employee Relations Officer of the City of Lynwood (hereinafter called "City ") and represen- tatives of the Lynwood Employees Association (hereinafter called "Association") and shall apply to all employees of Lynwood working in the classifications As set forth herein. The terms and conditions of employment that are set forth in this memorandum have been discussed in good faith between City and Association; and the Municipal Employee Relations'Officer agrees to recommend to the Lynwood City Council that all of the items and conditions of employment as set forth herein be incorporated in full in a resolution of the City Council or where appropriate, in a policy statement. Upon the adoption of such a resolution and /or policy statement, all terms and con- ditions of this memorandum so incorporated, shall become effective withou_ any fur- ther action by either party. s MOU - July 1. 1979 - June 30, 1982 ARTICLE II EMPLOYEE RECOGNITION City hereby recognizes the Lynwood Municipal Employee Association as the recognized representative for all members of the Association to the fullest extent allowable under California law applying to public employees and as further defined in Reso- lution 69 -26, adopted by the Lynwood City Council on May 20, 1969. The Association is 'therefore the recognized bargaining agent for the following classifications: Cashier Switchboard Operator /Clerk Clerk Typist Account Clerk Custodian Water Meter Reader & Installer Park /Pool Security Guard Secretary Accounting Technician Administrative Aide Utility Maintenance Worker Park Maintenance Worker Girls /Womens Activity Supervisor Recreation Center Director Administrative Secretary License Representative Equipment Mechanic Aquatics Director Building Maintenance Worker Utility Maintenance Worker /Electric Planning Technician Administrative Analyst Civil Engineering Technician_ Master Equipment Mechanic Building Inspector Code Enforcement Officer Public Works Inspector Planning Associate Civil Engineering Assistant Rehabilitation Clerk Fire Prevention Specialist Economic Development Associate Public Information Officer Rehabilitation Specialist HOURLY POSITIONS Cashier Typist Steno - Typist Bookkeeper Administrative Intern Locker Attendant Swim Lesson Instructor Lifeguard Aquatics Director Kitchen Supervisor Recreation Aidet Recreation Sports Official Specialist Instructor Recreation Leader Planning aide Equipment Mechanic Helper Crossing Guard Crossing Guard Supervisor Youth Aide All non -fire, non - management hourly or part -time classifications hereinaf =er approved by the City. Code Enforcement Officer Code Enforcement Officer /Rehabilitation Trainee Laborer Park Maintenance Worker Pool Maintenance Worker MDU - JULY 1, 1979 - NNE 30 1982 ARTICLE III CITY RIGHTS A. It is understood and agreed that the City retains all of its powers and authority to direct, manage and control to the full extent of the law. Said powers and authority include, but are not limited to, the exclusive rights to; determine its organization; direct the work of its employees; determine the times of operation; determine the kinds and levels of services to be provided, and the methods and means of providing them; establish its policies, goals and objectives; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of City operations; build, move, modify or close facili- ties; establish budget procedures and determine budgetary allocations; determine, the methods of raising revenue; contract out work; and take action on matters in the event of emergency. In addition, the City retains the right to hire, clas- sify, assign, evaluate, transfer, promote, terminate and discipline employees. B. In cases of emergency, the City retains its right to amend, modify or rescind provisions of this memorandum. Such amendment, modification or rescission all remain in force only for the period of the emergency. The determination of whether or not'an emergency exists is solely within the discretion of the City Council. VIOU - JULY 1. 1979 - JUNE 30. 1952 ARTICLE IV STEP INCREASES A change in the City's step increase policy from a step increase every si., (6) months to that of a probationary period of six (6) months and other step increases to be considered on the basis of merit after intervals of one (1) year. Section 1 . Effective June 1, 1979, any employee hired or promoted to Step A of a different range of pay, shall receive the Step B salary at the suc- cessful completion of the probationary period. Increases to Step C, D and E within any pay range shall be based on satisfactory job per- formance by the individual and shall be reviewed at least at the fol- lowing time intervals: Step C - One (1) year after the Step B increase Step D - One (1) year after the Step C increase Step E - One (1) year after the Step D increase Section 2 . Employees hired or promoted to any step above Step A shall receive the .next step at the successful completion of the probationary period. Other increases within the range shall be followed in the method'des- cribed in Section 1. S ection 3. For those employees under the basic five -step salary plan, the begin- ning salary shall be at Step "A" or the lowest salary shown for'<the position. However, where circumstances so warrant, aopointment'may be made at other than the first step, or after appointment, an inter- mediate step may be skipped when approved by the City Tanager. Increases through the remainder of the steps shall be given upon recom- mendation of the Department Head and approval of the City Manager, until the highest or top step is reached. (From Section (a) of the Res. Yo. 79 -41) MOU JULY 1, 1979 - JLiQE 30, 19 ARTICLE V SALARIES /WAGES Effdctive the first full pay period of the fiscal year, the City will increase all grades of pay in Range 1G to 24G as follows: July 1, 1979 - 7% July 1, 1980 - 7% July 1, 1981 - 77 s r I GENERAL ENTLO- -ES 1 -82 SALARY SCHEDULE A 3 C D 1G Cashier Switchboard Operator /Clerk Firefighter Cadet 2G Clerk Typist Account Clerk 3G Custodian Water Meter Reader & Installer 4G Park /Pool Security Guard 5G 412.95 447.71 883.11 51, 553.27 894.72 970.05 1046.75 1122.07 1198.76 487.62 505.64 527.53 548.77 572.59 1056.53 1095.56 1142.98 1189.01 1240.62 502.43 524.32 544.27 568.72 589.33 1088.60 1136.02 1 1179.25 1232.23 1276.88 542.97 567.44 588.04 613.14 638.89 1176.47 1229.47 1274.09 1328.48 1384.26 559.72 580.32 606.07 632.4,5 660.14 1212.74 1257.36.. 1313.15 1370.31 1430.30 6G Secretary 567.45 588.04 613.14 638.89 666.57 1224.47 1274.09 1323.48 1384.26 1444.24 t 7G Accounting Technician 580.32 607.99 632.45 661.43 685.88 1257.36 1317.32 1370.31 1433.09 1486.08 8G Administrative ride 598.98 624.08 649.19 676.87 705.20 Utility Maintenance. Worker 1297.79 1352.17 1406.57 1466.56 1527.93 ?ark Maintenance Worker 9G Girls /Wcmens Activitv Supervisor 621.52 647.91 676.87 705.20 736.74 Recreation Canter Director 1346.62 1403.80 1466.56 1527.93 1596.27 IOG administrative Secretary 631.17 658.85 683.31 713.56 741.46 1367.53 1427.50 1480.51 1546.05 1612.99 11G License Representative 640.82 669.14 698.76 729.01 I 762.48 i Equipment Mechanic 1388.44 1449.81 1513.99 1579.52 1652.05 Aquatics Director 12G Building Maintenance Worker 677.22 708.4.2 738.03 770.21 803.69 Utility Maintenance �vk= /Electric- 1467.31 1534.92 1599.01 1668.79 1741.32 GENERAL EPTLOYEES 1981 -82 SA. RY SC: A B C D 13G Planning Technician 682.02 711.00 7!.1.24 772.78 806.90 1477.72 1540.50 1606.02 1674.35 1748.78 1576.73 1646.48 1719.02 1794.29 16G 14G Administrative Analyst 691.8 721.91 751.99 782.06 812.15 1498.96 1564.14 1629.31 1694.47 1759.66 15G Civil Engineering Technician. 696.83 727.7 759.91 793.39 828.13 1509.79 1576.73 1646.48 1719.02 1794.29 16G Master Equipment Mechanic 714.85 747.04 781.14 813.35 843.74 1548.85. 1618.53 1692.48 1762.25 1838,93 17G Building Inspector 7 33.52 764.40 797.88 834.58 870.63 Code Enforcement Officer 1589.29" 1656.20 1728.75 1808.25 1886.36 18G 744.46 775.99 808.84 840.37 880.29 1612.99 1681.32 1752.48 1820.81 1907.29 i 19G Public Works Inspector 764.41 797.88 834.58 870.63 909.89 1656.22 3 1728.75 1808.25 1886.36 1971.42 20G Planning Associate 768. 801.75 839.09 875.78 915.04 1666.00 1737.1: 1818.03 1897.53 1982.59 21G Civil Engineering assistant 825.57 861.61 900.23 939.51 982.63 1788.73 1866.82 1950.49 2035.60 2129.04 i 22G 878.99 920.18 961.39 1003.86 1050.22 1904.48 1993.73 2083.02 2175.04 2275.41 23G Civil Engineering Associate 904.73 947.87 990.35 1034.77 1083.05 ! 1960,25 2053.71 2145.,76 2242.00 2346.61; 24G 932.92 961.19 1003.59 1046.00 1102.5! 2021.33 2082.57 2174.45 2266.33 2388.84' 0 GE-SERAI. 3IVIL E!P.! EXE' °T 981 -R� SALARY SOIiOLnE B C v OEG Rehabilitation Clerk 487.62 505.64 527.53 548.77 = - 2 -59 1056.53 1095.56 1142.98 1189.01 1240.62 1EG Secretary 567.45 588.0i 613,!- 63?.89 66n Z 1229.47 1274,09 1328.48 1384.26 1444. c: 2EG Accounting Technician 85 0.32 607,99 632.45 E61.43 685.88 1257:56 1317.32 1370.31 1433.09 1486,08 3EG Code Enforcement Officer 733.52 764.4O 797.88 834.58 870.63 Fire Prevention Specialist 1589.29 1656.20 1728.75 1808.25 1886.36 4EG Economic Development Associate 768,92 301.75 839.09 8 75.78 915.04 1666.00 1737.13 1818,03 1897.53 1982.59 5EG Public Information Officer - 872.31 902.38 932.46 962.54 992.62 Rehabilitation Specialist 1890.00 1955.17 2020.33 2085.51 -1150-68 SPECLkL ASSIGNZENT =TENSATIO\ 1981 -82 GENERAL EITLOYEES Commission Minutes Clerk $ 23.08 50.00 mo. Deputy City Clerk 23.08 50.00 mo. Deputy City Treasurer 23.08 50.00 mo. Public Works Leadman 46.16 Park Leadman 100.00 mo. Street Department Holiday Standby 15.00 per shift Street Department Standby :.- .. 7..50 per shift Sweeper Operator (Full - time) 9.23 20.00 mo. Sweeper Operator (Part -time) 4.62 10.00 mo. Water Department Holiday Standby 18.60 per shift Water Department Standby 9.30 per shift Deputy Sr. Bldg. Inspector 46.16 100.00 mo. 0 HOURLY E ?LOLOYEES 1981 -82 SALARY SCHEDULE RANGE Cashier Typist Steno - Typist Bookkeeper Administrative Intern Locker Attendant Swim Lesson Instructor Lifeguard Aquatics Director: Kitchen Supervisor Recreation Aide Recreation Sports Official Specialist Instructor Recreaticn Leader Planning Aide Code Enforcement Officer Code Enforcement Officer( Rehabilitation Trainee Laborer Park '-Maintenance worker Pool Maintenance worker Equipment..Mechanic Helper Crossing Guard Crossing Guard Supervisor Youth Aide S 3.10 - 5.00 4.00 - 7.00 6.00 - 8.00 4.00 - 7.00 4.50 - 5.50 3.25 - 3.75 4.00 - 6.00 4.00 - 6.00 6.00 - 8.00 4.00 - 5.50 3.30 - 3.80 3.00 - 20.00 per game 3.00 - 20.00 3.75 - 5.75 4.50 - 5.50 8.00 - 9.50 6.50 - 8.00 4.50 - 6.50 4.00 - 6.00 4.20 - 4.70 4.50 - 6.50 3.35 - 4.35 5.30 - 5.80 2.00 - 2.50 ?DU - JULY 1. 1979 - JUNE 30, 1982 ARTICLE VI STANDBY PAY When a regular Street, Parks or Water employee is required and assigned to ramain at home for immediate emergency call back at tines that employee is not otherwise on duty, the employee shall be compensated in the following manner: Street and Parks E=lovees July 1, 1979 $6.60 shift; $13.20 holidays July 1, 1980 $7.00 shift; $14.00 holidays July 1, 1981 $7.50 shift; $15.00 holidays Water Emolovees July 1, 1979 $8.40 shift; $16.80 holidays July 1, 1980 - $8.80 shift; $17.60 holidays July 1, 1981 $9.30 shift; $18.60 holidays A Public Work or Parks standby shift for all working days is hereby fixed as a duty pericd extending from 4:00 PM to 8:00 AM of the following day. From 8:00 AM on Satur- days, Sundays, and holidays to 8:00 AM of the folio-wing day shall be considered as two (2) standby shifts All employees during the period they are scheduled for such duty shall perform such services as may be designated by their respective Superintendent, Supervisor, or the City :tanager, and shall be available at all time during the duty shifts for emergency work. No overtime credit shall be accrued to employees working standby shifts. (From Res. No. 79 -41, Section 2B). However, the call back pay provisions apply when an employee on standby is required to return to work. ARTICLE VII Overtime Definition a. Time over and above the forty (40) hour work week which the supervisor has determined is required for the employee to complete assigned work. Time shall be allowed in increments of 1/4 hour. b. Call back work incurred at the direction of the Supervisor, Department Head or City Manager wherein City employees are ordered to return to work for the welfare of the public and the City. Call back time begins from the time the employee reaches the place of employment. Regular standby shifts are not considered overtime and are covered elsewhere in this agreement. " mean s cf Overtime Compensation - As authorized by the Department Head overtime will be compensated by either one or any combination•of the following not to exceed the total amount of overtime due. a. Payment for overtime work is at the rate of pay effective when the overtime was earned. Overtime hours will be paid or taken off in the order they were earned. b. Straight time pay which is paid at the hourly rate of the employee's classification as determined by dividing the bi- weekly rate by 80 hours: Under no circumstances shall any classified general employee of the City while working overtime be deemed an hourly, per diem or seasonal employee and each such employee is bound to render services to the City without regard to the number of hours worked. c. Compensating time off is a period of time corresponding to earned overtime that tiw employee is authorized to be away from the work place. During the period of compensatory time off the employee shall be paid the regular salary. Procedure for Overtime Compensation The employee shall file a written request to receive straight time pay or compensatory time off for earned overtime with the Department Head prior to the end of the month in which it is earned. Whether or not compensatory time off shall be given to the employee and at what time and over what period shall be within the discretion of the Department Head. Overtime hours must be authorized by the Department and reported, specifying the means of payment as straight time pay or compensating time off, to Accounting by the end of each month. If overtime is to be paid at the straight time rate it will be included in the employee's check at the next regular bi- weekly payroll period. Compensating time off above the 40 hour maximum must be utilized by the end of the month follo• the one in which it is earned. Departments will report utilization of compensating time off to Accounting so that overtime hours will be deducted from its records. Employees shall not accumulate on the books compensatory time off hours in excess of 40 hours. At the end of each month departments will also noa =fb ng to ccm:pensate employees by straight -time, pay-in-the. next - succeeding_Fegiil payroll check for compensating time off which was not utilized in the designated month and for that above 40 hours. j A six month transition period is established for previously accumulated overtime. Within one month Departments will report to Accounting all employee's outstanding overtime hours earned prior to the date of this agreement. Within 6 months of the date of this agreement these employees will use the compensating time off or re- ceive straight time pay for their previously accumulated overtime. MOU - JULY 1, 1979 - JUNE 30, 1982 ARTICLE VIII TOOL ALLOWANCE Employees working in the Municipal Garage and.who furnish their own tools shall be compensated in the following manner: July 1, 1979 - $7.50 per month July 1, 1980 - $8.25 per month Jaly 1, 1981 - $9.00 per month 0 ARTICLE IX UNIFORM AND CLOTHING ALLOWANCE The City shall furnish annually to all hourly recreation employees two (2) shirts and one (1) windbreaker identifying them as City employees. All Natatorium per- sonnel shall be provided with one (1) swimsuit annually to identify them as City employees. The City will furnish Public Works and Park Department employees whose duties require wearing uniforms, three (3) uniform changes per week plus one (1) additional laundered shirt per week. (From Res. No. 79 -41, Section 2E) ARTICLE X MILEAGE REEKBURSEMENT With the approval of the Department Head and the City Manager, the City will reimburse full -time employees and hourly recreation personnel required to use their personal vehicles for the purpose of conducting City business on the fol- lowing basis: Mileage During Calendar Month - Amount Per Mil 1 - 400 $ .14 401 - 700 $ .13 Over 700 $ .11 Hourly recreation personnel will be compensated only for out -of -town job related mileage. Necessity for and payment of out -of -town mileage must be a:oroved by the employee's supervisor. The employee must document the date, destination and beginning and ending odometer reading from his vehicle in supporting the request. Said information must be logged on Expense Reimbursement form when requesting pay- ment. (From Res. No. 79 -41, Section 2D "Mileage Reimbursement ") ARTICLE XI pp -DaUM PAY employees in undertaking outside study to the end that they may To encourage a more efficient manner, a system of premium Pay, over perform their employ es an d above established pay schedules, is hereby establised. Premium pay is for completed courses of approved subjects at accre- dited school, and is fixed at $1.00 per month for e each ofemCster unit te c ter satisfactorily completed by the employee with a g r unit is the equivalent of two- thirds of a semester unit and is compensated at $.07 per month p er quarter unit. M axi == Pay is fixed at $40 per month. All courses of study must have prior approval by tha Department Head and the credit. Accredited City Manager in order to receive premium edited schools are herein defined as colleges, junior colleges, universities or other schools providing college credit as may be approved by the City Manager. Suitable written certification from the school showing satisfactory completion of each course shall be submitted to the Personnel officer ef per t nnel re Premium pay shall commence the first pay P eriod following the submission of written certification. 10 where the cost f The City will contribute 5016 of the certsemesterocourer $ while the employee is such tuition exceeds the sum of $10 p accruing the $40 Per month maximum pay. The previsions of this section do not apply to hourly employees or employees undertaking an approved course during a regular work day or assigned shift. (From Res. No. 79 -41; Section 4- "Premium Pay") ARTICLE XII LONGEVITY PROGRAM A longevity program is hereby established for regular full -time City employees except Firefighter through Captain as follows: 1% of base salary at the end of seven (7) years of service; an additional 1% of base salary at the end of twelve (12) years of service; and an additional 1% of base salary at the end of seventeen (17) years of service. (From Res. No. 79 -41, Section 5 "Longevity Program ") 0 ARTICLE VIII EMPLOYEE'S INSURANCE COVERAGE The City will contribute the enplOy o e icies a which the City n Councilagrees e to a pro - dent insurance, or life insurance p vide. If desired the employee may obtain coverage for members of his family - Such premium shall be borne by the employee and payment will be made by p y roll deduction. (From Res. No. 79 -41, Section 7) i� ARTICLE XIV SICK LEAVE POLICY Sick leave with pay shall be granted by the City Manager at the rate of ona work day for each calendar month of service. Sick leave shall not be considered as a privilege which a n employee may use at his discretion, but shall be allowed only in case of necessity and actual sickness or disability. (Res. 70 -69) In order to receive compensation while absent on sick leave, the employee shall notify his immediate superior prior to, or within four hours,after the time set his for beginning his daily duties, or as may be specified by the head o f file e art ment. when absence is for more than one work day, employee as certificate or a pelooeafwh is sick the day befor affidavit a holiday cue of the day cause o£ his absence. Any empmP y l e after a holiday, or the day before vacation or the day after vacation, may be req- uired to present tothe Personnel Officer a written doctor's statement certifying that the individual was ill. (Res. 76 -89) At the time of resignation or termination (ex for se) afte ten year emp with the City, the general emp Y quarter of their unused sick leave which has been accrued to effective date of resignation or termination (except for cause). rate of pay m ei ho of Co at e s shall be on a straight time 'pa bass of accrual. Effective July 1, 1974, accrual of sick leave shall be limited to a maximum of ninety -six (96) wort: days for which 501. compensation shall be received upon regular service retirement. Sick leave earned in excess of 96 days prior to Jul; 1, 1974, shall be retained and frozen effective June 30, 1974, and upon regular service re- tirement, 50% compensation for said frozen sick leave also be received. 251. of sick leave earned beyond 96 days or the frozen amount shall be annually compensated to the em ployee at the end of each calendar year. -The remaining 751. of such excess sick leave remains on the books but shall be used actual sick lea p ur po s l e ave only and snail not entitle the employee ze any be accrued beyond the 96 day nap m u m or-leaven- arried r ior to th a 1, 1974 shall t date (From Reess used by the employee prior to use of sick leave eared prior to h. ?10 76 -68) The method of compensaticn shall be on a straight time pay basis at the rate of pay in effect at the time of regular service retirement. In no event will sick leave with pay be granted in excess of that which is accrued. MOD - JULY 1. 1979 - JUNE 30, 1982 ARTICLE YV' RGLIDAYS Section I. The City and Association agree to incorporate into this memorandum the following holidays to be eliminated and have floating holidays replace them. The holidays to be eliminated are: Washington's Birthday, Lincoln's Birthday, Columbus Day, Admission Day and Veteran's Day. a) For individuals employed by the City as of the date of Memorandum, effective January 1, 1980, the total number'of floating holidays is five (5) with all floating holidays available at the beginning of the calendar year. All floating holidays to be taken off are subject to operational and scheduling factors and must be approved by the employee's supervisor. b) For individuals employed or rehired by the City subsequent to the date of this Memorandum, no floating holidays will be available until the successful com- pletion of their probationary period. At that time such employees will be cre- dited with a pro rata portion of the aforesaid five floating holidays based upon the time remaining in the initial calendar year of employment, but in no case less than one day. c) No floating holiday may be carried over to another calendar year. d) The availability of five . floating holidays on January 1, of each year (in the case of present employees) and of a pro rata portion thereof upon successful completion of the probationary period (in the caseAof new employees) is based upon the assumption that the employee will successfully complete employment with the City for the calendar year in question. If an employee fails to suc- cessfully complete employment for the said calendar year, the number of floating holidays available to the employee shall be prorated on the basis of the portion of the calendar year for which the employee was employed by the City. If, under such circumstances, the employee has used more floating holidays than were actually available, the City shall make an appropriate reduction in its payment of final compensation to: such employee. Section 2 . Employees covered under the Memorandum shall be allowed the following paid holidays: New Year's Day, January 1; Memorial Day, last Monday in May; Independence Day, July 4; Labor Day, first Monday in September; Thanksgiving Day, fourth Thursday in November; day after Thanksgiving, fourth Friday in November; Christmas Day, December 25. Personal Leave Day may be taken on any day of the employee's choosing subject to operational and scheduling factors and must be approved by the employee's supervisor. When a holiday named in this regulation falls on Sunday, it shall be observed on the following Monday. When a holiday named in this regulation falls on Saturday, it shall be observed on the preceding Friday. ARTICLE RVI ACTING SUPERVISORY COMPENSATION At such time as a Miscellaneous or Fire Supervisory position becomes vacant for reasons of sick leave, leave of absence or injury on duty status, for a period exceeding thirty (30) days, then the employee replacing said supervisor shall receive compensation at a rate equal to the "A" step of the rate of the super- visory position of such step in that range next higher than that rate which the employee is currently receiving. Such additional compensation would commence on the thirty -first day and would continue until such time as the supervisor returns to work. The employee performing those duties as designate S in this a r ticle Super - be selected by the Department Head. (From Res. No. 79 -41, visory Compensation ") ARTICLE XTIII RETIREMENT POLICY The City of Lynwood agrees to amend its contract with PERS so that retire- ment compensation would be computed on the employee's one year's highest earnings. ARTICLE YVIll CALL BACK PAY in the event an employee, including the employee on standby, is called back or required to report to work, such employee shall be paid a minimum of two (2) hours at straight time or allowed two (2) hours of compensatory time off. Response to further emergency calls within the paid two hour minimum period do not result in additional two hour minimum periods. ARTICLE XIX DISCRDIINATION It is agreed that neither the City nor the Association shall discriminate against any employee because of race, national origin, age, sex or Associa- tion membership or activity. (From Res. No. 79 -41, Section 12) It is further agreed that neither the City nor Association shall discriminate against any employee because of religion, marital status, political affiliation or a hand- icap. 0 The purpose of annual vacation leave is to enable each eligible employee annually to return to his work mentally refreshed. All employees in the classified service shall be entitled to annual vacation leave with pay. Employess not eligible for' vacation leave with pay are: Employees still serving their original probationary period in the service of the City; however, vacation credits for the time shall be granted to each such employee who later received a permanent appointment. Ec^olayees who work on an intermittent or seasonal basis, and all hourly employees er_cept that the City agrees to provide (10) ten days paid vacation if there should be full -time hourly personnel who work the standard forty hour work week, fifty two weeks a year. (From MOU 6- 19 -73) All eligible employees shall earn vacation credits at the rate of 14 calendar days (10 work days) per year. Employees having a continuous 8 years service record will be allowed a vacation credit of 21 calendar days (15 work days) per year. Employees having a continuous 15 year service record will be allowed a vacation credit of 28 .alendar days (20 work days) per year. (From MOU 6- 25 -69) Each eligible employee shall be required to have served the equivalent of one year of continuous service in the.City in order,to be eligible for his full annual vaca- tion leave; provided, however, that after six months of continuous service, he may be permitted to take vacation leave not to exceed seven calendar days. In no event, however, will paid vacation be granted in excess of earned vacation credits. The times during a calendar year at which an employee may take his vacation shall be determined by the Department Head with due regard to the wishes of the employees and particular regard for the needs of the service. Subject to the provisions of the next_ paragraph, any employee eligible for vacation credit may, not later than the first day of October of any calendar year, make a request of his Department Head and the City Manager jointly, which request must be in writing and in duplicate, one copy of which shall be filed in the Office of the City Manager and the other copy of which shall be filed with the Department Head, for permission to defer taking not to exceed one week of the vacation time to which he is entitled during the year the request is made and filed, to the following calendar year. The Depart- ment Head and the City :tanager, acting jointly, or in their absence, or in case of their inability to act, for any reason, the Acting Head of said employee's department, or the next in authority and the administrative assistant, acting jointly, shall, within five days after filing of the request, give the employee written notice of their decision, either to grant or to deny the request. If the request is granted the employee shall be entitled to said one week's vacation during the calendar year immediately following the calendar year the employee's request was filed, in addi- tion to.any vacation time to which said employee is entitled during said calendar year to which the one week has been deferred. Under no circumstances, however, may any employee accrue more than twenty -eight (28) calendar days (20 working days) of vacation leave in one calendar year. Employees eligible for vacation leave must take a minumum of one week of accrued vacation time each time vacation is requested. Deviation from this policy is allowed only with the written approval of the Department head and the City Manager, acting jointly. In the event one or more municipal holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave, and the vacation leave shall be extended accordingly. This provision does not apply to uniformed personnel in Fire Department.' Employees who terminate employment shall be paid in a lump sum for all accrued vaca- tion leave earned prior to the effective date of termination. (From Resolution No. 69 -2, a resolution amending Rule numbered YI of the Personnel Rules and Regulations adopted pursuant to City Ordinance numbered 671 of the City of Lynwood governing and regulating "Attendance and Leaves ") MILITARY LEAVE Military leave shall be granted in accordance with the provisions of State Law. All employees entitled to military leave shall give the City Manager an oppor- tunity within the limits of military regulations to determine when such leave shall be taken. (From Resolution No. 69 -2, a resolution amending Rule XI of the Personnel Rules and Regulations adopted pursuant to City Ordinance 671 of the City of Lynwood governing and regulating "Attendance and Leaves ") ARTICLE =II' LEAVE OF ABSENCE The City Council may grant a permanent employee an absence without pay for a period not to exceed sixty (60) calendar days. Before the completion of the first sixty day leave of absence where extenuating circumstances are shown the City Council may grant a second sixty day leave of absence. Further, before completion of the second sixty day leave of absence and where extenuating cir- cumstances are shown the City Council may grant a third and final sixty day leave of absence. No such leave shall be granted except upon the written request of the employee. A copy of the Council's action shall be furnished the employee and the Personnel Officer. upon expiration of regularly approved leave, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee on leave to.report promptly at the expiration shall be cause for discharge. (From City Res. No. 72 -24, a Resolution of the City Council of the City of Lynwood amending Resolution No. 2843, Rule XI, Section 4 of the Personnel System Rules and Regulations of the City of Lynwood) ' ARTICLE XXIII HOURS OF WORK All classified City employees shall work five (5) eight (S) hour shifts per week, Monday through Friday, except as determined by other Resolutions and Ordinances enacted by the City Council and by directives of the City Manager acting within the framework of said Resolutions and Ordinances. (From Reso- lution No. 69 -2, a resolution amending Rule XI of the Personnel Rules and Regulations adopted pursuant to City Ordinance 671 of the City of "Lytraood governing and regulating "Attendance and Leaves ") Resolution 76 -86 provides that no hourly person, temporary help or seasonal worker shall work more than 35 hours in any week. ARTICLE = ATTENDANCE Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leaves. The Personnel Officer may, within his discretion, make written request to the Head of any or all depart- ments that they keep daily attendance records of employees in the Department. When said requests are filed with the Department Heads they shall forthwith comply with said request and continue to do so until notified, in writing, by the Personnel Officer that said records will no longer be required. The Personnel Officer may, however, in his discretion, request the Department Head to follow some other method of recording attendance of employees, whereupon the Department Head shall comply. All such reauests by the Personnel Officer shall be in writing and filed in the office of the Department Head. the Per- sonnel Officer, acting within his discretion, may request that such attendance records of employees as are required or requested by him, shall be reported to him by the Department Read at such intervals and in such form as the Persomiel Officer shall designate; provided, however, that said time of reporting and the form thereof shall, as far as possible, be standard and uniform. Failure on the part of an employee, absent without leave, to return to 'duty within 24 hours after notice to return, shall be cause for immediate discharge, unless acceptable reason is given. (From Resolution No. 69 -2, a resolution amending Rule XI of the Personnel Rules and Regulations adopted pursuant to City Ordi- nance 671 of the City of Lynwood governing and regulating "Attendance and Leaves. ") I ARTICLE XXV GRIEVANCES 1. Policv It shall be the policy of the City of Lynwood that a grievance procedure be established for the settlement of problems arising from a Memorandum of Understanding. All grievances of this nature shall be settled expeditiously, and at the operating level if pos- sible. 2. Procedure All grievances pertaining to a Memorandum of Understanding shall be handled in the following manner: a) Formal grievance - an alleged violation of a specific provision of the current Memorandum in effect. b) A written statement by an employee alleging violation of the current Memorandum of Understanding to their immediate supervisor no less than 5 working days after alleged incident. In the statement will be the following: 1) The nature of the grievance in precise, clear language. 2) The specific provision alleged to have been violated. 3) The remedy sought by the grievant. The employee, himself or herself, must bear the burden of presenting their case of the alleged violation. If satisfaction is not attained at the immediate ° • „ supervisory level then the same procedure is followed as previously mentioned and the grievance goes to the Department Head within 10 working days after review of the Supervisor. If still not satisfied, the grievance will go the Personnel Officer, if one is so designated, if not the grievance will be given to the City Manager. If at the personnel level the grievance is not satisfied, then the City Manager's decision will be final and binding. (From MOU in force from 7 -1 -77 to 6- 30 -79) Informal" hearing by the Personnel Board on matters relative to employer- employee relations may be requested as permitted by Personnel Rules and Regulations. The Board may or may not grant a hearing and the Board's role in memoranda matters is advisory only. ARTICLE XXVI BEREAVEMENT LEAVE In the event of a death in the employee's immediate family, the City Manager may grant a three day bereavement leave with pay. "Immediate family" is defined as mother or father of employee or mate; mate, brother, sister, or children of employees." (From Res. No. 64 -2, a resolution amending Rule XI of the Personnel Rules and Regulations adopted pursuant to City Ordinance 671 of the City of Lyn- wood governing and regulating "Attendance and Leaves. ") ARTICLE =I EMERGENCY LEAVE In the event of an emergency, the City Ma:iager may grant the use of a maximum of two days sick leave annually as emergency leave. Application for emergency leave may be under the following conditions: 1) Hospitalization or illness in immediate family and, 2) Death in family not covered by bereavement leave. (From Section 10, Article XVIII, titled "Leaves" of Comprehensive MOU -19 3) .Other events which preclude the employee's attendance at work and which the DepartmentTHead determines constitutes an emergency. If the Department denies an employee's request, for emergency leave, the employee may request in wrf_ting that the City Manager review the request. The City Manager's decision shall be final. ARTICLE =II The City of Lynwood has the practice whereby a full -time employee of the City of Lynwood who has been called for jury duty will be paid at the employee's regular hourly rate of salary MINUS the amount paid by the courts. (Res. No. 77 -55, adopted June 21, 1977) ARTICLE YXIX SERVICE DISABILITY Under the provision of the Worker's Compensation Insurance and Safety Act of California, employees are compensated for injuries sustained in the course of employment, rendering them unable to perform their duties. The City of Lynwood provided full salary continuance for 90 days to an employee who is disabled by inju .ry or illness arising out of and in the course of his duties. Time off work due to an on the job injury is not deductible from accumulated sick leave for a period not to exceed ninety (90) days. Thereafter, compensation shall be only as provided in the Worker's Compensation Insurance and Safety Act. ARTICLE = NO STRUM Both parties agree that under the terms of the Memorandum, strikes, slowdowns,. or other work stoppages are unacceptable. (From Memerandum of Understanding adopted June 25, 1969) ARTICLE %SXI FULL FAITH AND CREDIT CLAUSE For purposes of administering the terms and provisions of the various ordinances, resolutions, rules and regulations which may be adopted by the City pursuant to this Memorandum of Understanding, all matters resolved in Memorandum of Under- standing for prior years, all resolutions of the City Council, and all existing matters resolved regarding wages, hours, fringe benefits and conditions of employ- ment prior to Myers- Milias -Brown Act of 1968, will remain unchanged and unaltered except where expressly changed or altered in this Memorandum of Understanding. (From MOU July 1, 1979 to June 30, 1982) ARTICLE XXXII SAVINGS CLAUSE Any resolution of the City incorporating any provisions of this Memorandum shall provide that if any provision of this Memorandum or of such resolution of any kind is at any time or in any way held to be contrary to any law by any Court of proper jurisdiction, the remainder of this Memorandum and the remainder of such resolution shall be affected thereby and shall remain in full force and effect. ARTICLE =III DURATION "this agreement is to cover said employees until June 30, 1982. In witness whereof, the parties hereto have caused their duly authorized repre- sentatives to esec this Memorandum of Understanding on March 4 1952 Employee Relations Officer of the City of Lynwood /A Municipal Corporation By Lynwood City Employees Association Date this 4th day of March , 1982 Dated this 4th day of - "arch I�32 TO:'' ' HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: SANDRA CHAPEK, PERSONNEL MANAGER SUBJECT: MANAGEMENT COMPREHENSIVE MEMORANDUM OF UNDERSTANDING OBJECTIVE To approve a Comprehensive Memorandum of Understanding between the City of Lynwood and the Lynwood Employee Management Group. FACTS (1) The lack of a comprehensive reference document compiling the provisions of the City's agreements with the employee associations has limited the admini- stration's and employee's ability to be well informed on specific benefits and negotiated procedures. Thus, more questions have been posed than would otherwise be necessary. Response to each such question has required sifting through years of Memoranda to find the original provision and all subsequent revisions with the added possibility of overlooking pertinent passages. In the winter of 1979 staff recognized the inefficiency of this process and iden- tified the need for comprehensive memoranda of understanding with the employee associations', including the Management Employees' Group. (2) From February 1980 to March 1981 an Administrative Intern '( hourly) conducted extensive research into the City's negotiated provisions with employee asso- ciations. This effort resulted in two draft compilations of memoranda pro- visions, one for the Firefighters and one for the'General employees. A third document was subsequently prepared, based on the general employee comprehen- sive draft with appropriate negotiated alterations, for the Management Group. (3) The draft Management Group Memorandum was reviewed by the Management Group representatives for accuracy, comprehensiveness, clarity and consistency with present practices. Personnel conducted additional research and several meetings with Association representatives on needed revisions to the draft.. (4) Phrasechanges coincide with those made in the Comprehensive Memorandum for general employees. (5) Following final validation by the Management Group and upon recommendation of the Personnel Manager, the Municipal Employee Relations Officer, Mr. Gomez, and Management Representatives met and signed the attached Comprehensive Memo- randum. ANALYSIS AND CONCLUSION Two years of research, validation and meetings have resulted in the attached docu- ment entitled "Comprehensive Memorandum of Understanding for Submission to the Lynwood City Council Regarding the Lynwood Employee Management Group." This Memo- randum is deemed to be a complete and up -to -date statement of the City's negotiated provisions with the Lynwood Employee Management Group. The document is an invaluable tool in reducing questions and the time required to research responses. Its com- pletion at this time is particularly advantageous since it will serve as the basic resource material for both administration and the Management Group during upcoming negotiations. RECOMMENDATION Adopt the'Resolution entitled "A Resolution of the City Council of the City of Lynwood Adopting the Comprehensive Memorandum of Understanding with the Lynwood Employee Manage- ment Group." i CITY OF LYNWOOD ADOPTING THE COMPREHENSIVE 11EMORANDUM OF UNDERSTANDING WITH THE LYNWOOD EMPLOYEE MANAGEMENT GROUP WHEREAS, Personnel staff has conducted exhaustive research into the pre- viously negotiated provisions with the Lynwood Employee Management Group, pre- pared the attached Comprehensive Memorandum and met in good faith with Group Representatives regarding same; and WHEREAS, Lynwood Employee Management Group Representatives have studied and validated the Comprehensive Memorandum; and WHEREAS, staff has determined that the Comprehensive Memorandum of Under- standing represents a complete and up -to -date compilation of negotiated provisions between the City of Lynwood and the Lynwood Employee Management Group; and WHEREAS, the Municipal Employee Relations Officer, Charles Gomez, and Lyn- wood Employee Management Group Representatives, Donald Snavely and Jewel Lawing, have met and agreed to the Comprehensive Memorandum and submit same to the City Council of the City of Lynwood for approval; and WHEREAS, the City Council of the City of Lynwood wishes to approve the attached Comprehensive Memorandum between the City of Lynwood and the Lynwood Employee Management Group. NOW, THEREFORE, the City Council of the City of Lynwood does hereby resolve as follows: SECTION 1 . The Comprehensive Memorandum of Understanding, which compiles and supercedes previous Memoranda, between the Lynwood Employee Management Group and the Municipal Employee Relations Officer representing the City. of Lynwood is adopted. SECTION 2 . This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this day of , 1982. JOHN D. BYORK, Mayor City of Lynwood ATTEST: d LAURENE COFFEY, City Clerk City of Lynwood APPROVED AS TO FORM: J DAVID E. MC EWEN, City Attorney APPROVED AS TO CONTENT: SANDRA CHAPEK, Personnel Manager