HomeMy Public PortalAbout2015.011 (01-20-15)RESOLUTION NO. 2015.011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING
A COMPREHENSIVE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN
THE CITY AND THE AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, LOCAL 1920 (AFSCME) WHICH SETS FORTH ALL
WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT
WHEREAS, the current Memorandum of Understanding ( "MOU ") between the
City of Lynwood and the American Federation of State, County and Municipal
Employees, Local 1920 (AFSCME) expired on June 30, 2013; and
WHEREAS, collective bargaining was conducted in good faith between the City
and LEA in accordance with the provisions of the Myers - Milias Brown Act; and
WHEREAS, mutual agreement between the two parties has been reached.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY, RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The attached .comprehensive MOU (Exhibit A), which includes all
agreed upon hours, wages, and other terms and conditions of employment and
supersedes any previous collective bargaining .agreements between the City of
Lynwood and the AFSCME is adopted.
Section 2. The City Manager is authorized to amend any current policies and
procedures as necessary to reflect the provisions of the attached MOU.
Section 3. That the City Manager or his designee may carry out any
transactions that may be necessary as so ordered by this Resolution.
Section 4. This Resolution shall become effective immediately upon its
adoption.
PASSED, APPROVED and ADOPTED this 20th day of January, 2015.
ATTEST:
Maria Quinonez, Ci y Clerk
APPROVED AS TO FORM:
David A. Garcia, City Attorney
APPROVED AS TO CONTENT:
J. Arnoldo Beltran, City Manager
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I; the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Resolution was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the 20th day of January, 2015.
AYES: COUNCIL MEMBERS ALATORRE,
SANTILLAN -BEAS AND SOLACHE
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
i
Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
CASTRO, HERNANDEZ,
I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council
of said City, do hereby certify that the above foregoing is a full, true and correct copy of
Resolution No. 2015.011 on file in my office and that said Resolution was adopted on
the date and by the vote therein stated. Dated this 20th day of January, 2015.
Maria Quinonez, ity Clerk
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF LYNWOOD AND
THE LYNWOOD EMPLOYEES' ASSOCIATION /AFSCME LOCAL 920
FOR SUBMISSION TO THE LYNWOOD CITY COUNCIL
July 1, 2013 to June 30, 2015
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TABLE OF CONTENTS
ARTICLE 1
IMPLEMENTATION . . . . . . . . . . . . . . . . .
1
ARTICLE 2
EMPLOYEE ORGANIZATION RECOGNITION .....
1
ARTICLE 3
EMPLOYEE ORGANIZATION DUES DEDUCTION
1
ARTICLE 4
NON - DISCRIMINATION PLEDGE. ..............
3
ARTICLE 5
CITY RIGHTS . ...............................
3
ARTICLE 6
ASSOCIATION RIGHTS .....................
4
ARTICLE 7
NO STRIKE ...... ...........................
5
ARTICLE 8
HOURS OF WORK ...........................
6
ARTICLE 9
ATTENDANCE . ...............................
6
ARTICLE 10
SALARIES / WAGES ...........................
7
ARTICLE 11
STEP INCREASES ............................
8
ARTICLE 12
LONGEVITY PAY .............................
9
ARTICLE 13
ACTING SUPERVISORY PAY .... ............
9
ARTICLE 14
ADDITIONAL DUTIES PAY .....................
10
ARTICLE 15
PROJECT COORDINATOR PAY ................
10
ARTICLE 16
STANDBY PAY ...............................
10
ARTICLE 17
CALL BACK PAY ............ .................
11
ARTICLE 18
BILINGUAL PAY ..............................
11
ARTICLE 19
SHIFT DIFFERENTIAL PAY ....................
12
ARTICLE 20
EDUCATIONAL INCENTIVE PAY ..............
12
ARTICLE 21
UNIFORM AND CLOTHING ALLOWANCE ........
13
ARTICLE 22
MILEAGE REIMBURSEMENT ........:.........
14
ARTICLE 23
OVERTIME . ...............................
14
ARTICLE 24
ELIMINATION OF EXEMPT STATUS.............
15
ARTICLE 25
EMPLOYEE INSURANCE COVERAGE ..........
15
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ARTICLE 26
WORK RELATED INJURIES .....................
17
ARTICLE 27
SICK LEAVE POLICY ................. . . . . . . . .
17
ARTICLE 28
BEREAVEMENT LEAVE ........................
18
ARTICLE 29
EMERGENCY LEAVE ..........................
19
ARTICLE 30
JURY DUTY ...... ..... _---------------------
19
ARTICLE 31
MILITARY LEAVE ... _____________________ __ . __
19
ARTICLE 32
UNPAID LEAVE OF ABSENCE ...................
19
ARTICLE 33
FAMILY CARE AND MEDICAL LEAVE POLICY......
20
ARTICLE 34
HOLIDAYS ... ...............................
26
ARTICLE 35
ANNUALVACATION LEAVE ......................
28
ARTICLE 36
LEAVE BENEFIT ACCRUAL RATES
29
ARTICLE 37
RETIREMENT POLICY ..................... ... ....
30
ARTICLE 38
GRIEVANCE AND DISCIPLINARY APPEAL
PROCEDURE ..........................
31
ARTICLE 3.9
LAYOFF _____ _______________________________
33
ARTICLE 40
FULL FAITH AND CREDIT CLAUSE .............
35
ARTICLE 41
SAVINGS CLAUSE ____________________ _______
35
ARTICLE 42
PROMOTIONAL OPPORTUNITIES ..............
35
ARTICLE 43
RENEGOTIATION ..............................
ARTICLE 44
TERM _________ _ __________________________ . _
35
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ARTICLE 1
IMPLEMENTATION
The wages, hours and conditions of employment that are set forth in this Memorandum
of Understanding (hereinafter called the "MOU ") have been discussed and jointly proposed by
and between representatives of the Municipal Employee Relations Officer of the City of Lynwood
(hereinafter called "City ") and representatives of the Lynwood Employees' Association, AFSCME
Local 1920 (hereinafter called "Association "), and shall apply to all employees of the City working in.
the classifications as set forth in Exhibit A. The terms and conditions of employment that are set
forth in this MOU have been discussed in good faith between the City and the Association; the
representatives of the Association represent that the general membership of the Association have
ratified this MOU, and the Municipal Employees Relations Officer agrees to recommend to the
Lynwood City Council the adoption of this MOU in its current form or through a separate resolution
that incorporates all of the items and conditions of employment as set forth herein. Upon the
adoption of such a resolution, all terms and conditions of this MOU, shall become effective as
provided without any further action by either party.
ARTICLE 2
EMPLOYEE ORGANIZATION RECOGNITION
The City continues to recognize the Association as the recognized employee
organization for all non -fire, non - management hourly or part -time classifications (hereinafter
called the "Unit ") which are approved and listed in Exhibit A or hereinafter approved by the City
to the fullest extent allowable under California law applying to public employees and as further
defined in Resolution 2002.103, adopted by the Lynwood City Council on July 16, 2002. The
Association agrees to indemnify and hold the City harmless against any and all suits, claims,
demands and liabilities that may arise out of or by reason of any action that shall be taken by the
City for the purpose of complying with this Article.
It is understood and agreed that all non - management staff within the City Manager's
Department; Payroll Specialist in the Finance and Administration Department and Office
Assistant II in the Human Resources Department are confidential positions and which are not
included in the Association represented Unit.
ARTICLE 3
EMPLOYEE ORGANIZATION DUES DEDUCTION
Section 1 - Payroll Deductions
The City shall deduct from each Unit member's first and second paycheck of each
month and remit to the Association all such monies as are authorized in writing either by the
employees individually or pursuant to the City's agency shop agreement with the Association,,
to the extent required by law. Such employee authorizations shall comply with appropriate laws
and regulations, and shall be made on a form provided by the City.
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Section 2- Aaencv Sho
In early 2009, the Association and the City jointly requested a card check election to
implement an "agency shop" arrangement per Government Code Section 3502.5, which was
approved by notice from the State of California Department of Industrial Relations by letter dated
April 4, 2009. As a result, all employees in the Unit were required as a condition of
continued employment effective with the July 16, 2009 payroll, either to join the Association or
to pay the Association a "service fee" in an amount not to exceed the standard initiation fee,
periodic dues, and general assessments of the Association.. The Association shall keep an
adequate itemized record of its financial transactions and shall make available annually, to the
City, and to the employees who are members of the Group, within 60 days after the end of its
fiscal year, a detailed written financial report thereof in the form of a balance sheet and an
operating statement, certified as to accuracy by its president and treasurer or corresponding
principal officer, or by a certified public accountant. An employee organization required to file
financial reports under Section 3546.5, may satisfy the financial reporting requirement of this
section by providing the City with a copy of the financial reports.
The Association member dues and non - member fees for full -time represented
employees, defined as,those employees working more than twenty (20) hours per week, shall
be thirty -six dollars and twenty cents ($36.20) per month. The non- CaIPERS part time /hourly.
Association member dues and non - member fees for those part-time represented employees
working less than twenty (20) hours, but not less than twelve (12) hours, per week shall be
twenty -seven dollars and ten cents ($27.10) per month. The non- CaIPERS part time /hourly
Association member dues and non - member fees for those part-time represented employees
working less than twelve (12) hours per week shall be eighteen dollars and forty cents ($18.40)
per month. All Association dues or fees shall be made by payroll deduction as required by
Government Code section 3508.5. Payroll deduction will be'- conducted on a bi- monthly basis
(two times per month unless there are three pay days in one month, then the third pay day will
be exempt from service fee and /or dues collection).
Pursuant to Government Code Section 3502.5 (c), an employee who is a member of
a bona fide religion, body, or sect that has historically held conscientious objections to joining or
financially supporting public employee organizations shall not be required to join or financially
support a public employee organization as a condition of employment. The employee shall be
required, in lieu of periodic dues, initiation fees, or agency shop fees, to pay sums equal to the
dues, initiation fees, or agency shop fees to a nonreligious, nonlabor charitable fund exempt
from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the employee
from the following list of three of qualifying funds: the American Cancer Society, Cystic Fibrosis
Foundation, and the Junior Blind of America. Proof of the payments shall be made by the
employee to the City on a monthly basis as a condition of continued exemption from the
requirement of financial support to the Association.
The Association shall have a duty to defend and shall indemnify and hold harmless
the City against any liability arising from a claim, demand, or other action relating to dues
deduction, agency shop, or any provision or obligation set forth in this Section. The City
reserves the right to select its own counsel for its defense hereunder at the Association's
expense.
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F- AM1910192KII
NON- DISCRIMINATION PLEDGE
It is agreed that neither the City nor the Association shall discriminate against
any employee because of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information, marital status, sex,
gender, gender identity, age, sexual orientation of any person, Association membership or
activity or political affiliation. This prohibition shall include any other protected characteristics not
mentioned here as may be subsequently required by law pursuant to Government Code Section
12940.
ARTICLE 5
CITY RIGHTS
Section 1
It is understood and agreed that the City retains all of its powers and authority to
direct, manage and control its operations 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
facilities; 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, classify, assign, evaluate, transfer,
promote, terminate and discipline employees. Subject to any rights of employee provided in this
MOU or applicable law.
Section 2
In cases of emergency, the City retains its right to amend, modify or rescind provisions
of this MOU. Such amendment, modification or recession 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
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ARTICLE 6
i
ASSOCIATION RIGHTS
The Association shall have the right to conduct Association business as follows:
A) The right to use City facilities to hold official scheduled meetings
regarding Association business. The right to use City equipment including
telephones and photocopiers for reasonable Association purposes in an
amount not to exceed fifty dollars ($50) per month. If the amount exceeds
the $50 limit, then the Association shall reimburse the City for such costs,
including copy charges of three cents (3¢) and five cents (5¢) per page for letter
or legal size copies, respectively, and eight cents (8¢) and fifteen cents (15¢)
for color copies of same. Reasonable Association purposes and /or business
shall not include administrative claims or proceedings, civil proceedings, political
activities, campaigning, or any decertification or representation disputes with any
other employee organization or association.
B) The right to post information concerning elections, benefits, notices,
reports, programs and promotions. (Bulletin Board).
C) The right to notice by the City of new employees in the unit. Such notice
shall include name, home address, home phone number, classification, work
hours, department, starting salary, and work location.
D) The Human Resources Department shall distribute informational materials
provided by the Association to new employees and fifteen (15) minutes will be
set aside for the employee 'to meet with an Association representative during
the in- processing orientation. Any additional meetings between new hires and
Association Shop Stewards shall be outside normal business hours.
E) The right to designate authorized representatives who shall have access to
work locations and employees subject to Department Head approval, when
such access does not unduly interfere with departmental operations and is
in the course of grievance resolution. The Association may designate one
Shop Steward per department. The appropriate steward "shall request in writing
and shall be allowed reasonable time off during duty hours for this purpose,
provided the time requested does not substantially impact departmental
operations. In the event the steward cannot be released as requested, the
supervisor shall provide an alternate time within the next forty -eight (48) hours. In
the event that an alternate time is provided, all time limits in the grievance
procedure shall be extended for an amount of time equal to the delay. Stewards
shall be designated in advance by written notice from the Association to the
Human Resources Director and the Steward's Departmental Director.
4
F) The Association shall be allowed the use of the City's intranet for purposes of
Association communications. As the City Manager's Designee, the Human
Resources Director or any staff member in the HR Department designated by the
HR Director will provide final review and approval of all related
content /information.
G) The Association shall be entitled to hold four (4) one -hour meetings annually
or one per quarter during duty hours. These meetings will be held from 5:00 —
6 :00 p.m. and all, as reasonably possible, Association represented employees
shall be released from work in order to attend.
H) During successor MOU negotiations, the Association to request, and HR
Director to review and approve, appropriate and reasonable release time
during duty hours for designated Association representatives to prepare for and
attend labor negotiation meetings with the City negotiation representatives.
/_1Ci1111[4111111127
NO STRIKE
Section 1 Prohibited Conduct
A) The Association, its officers, agents, representatives and or members agree
that during the term of this MOU they will not cause or condone any strike,
walkout, slowdown, sick -out, or any other job action by withholding or
.refusing to perform services.
B) Any employee who participates in any conduct prohibited in subsection A
above, shall be subject to termination by the City.
C) In addition to any other remedies or disciplinary actions available to the City if
the Association fails, in good faith, to perform all responsibilities listed below in
Section 2 A below, the City may suspend any and all of the rights, privileges,
accorded to the Association under the Employer - Employee Relations Resolution
in this MOU including, but not limited to, right of access, check -off, the use of
the City bulletin boards and facilities.
Section 2 Association Responsibility
A) In the event that the Association, its officers agents, representatives, or
members engage in any of the conduct prohibited in Section 1 A, above, the
Association shall immediately instruct any persons engaging in such. conduct
is in violation of this MOU and unlawful and they must immediately
cease engaging in conduct prohibited in Section 1 A, and return to work.
B) If the Association performs all of the responsibilities set forth in Section 2 A
above, then its officers, agents, representatives shall not be liable for
damages for prohibited conduct performed by employees who are covered
by this MOU in violation of Section 2 A above.
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ARTICLE 8
HOURS OF WORK
All classified City employees shall work five (5) eight (8) hour shifts per week, Monday
through Friday, except as designated 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.
Resolution 76 -86 provides that no CalPERS eligible hourly person, temporary help or
seasonal worker shall not work more than thirty -five (35) hours in any week.
Non- CaIPERS hourly part-time person, temporary help or seasonal worker shall not work
more than twenty (20) hours in any week.
All employees covered by this MOU shall continue to be eligible to work a
compressed workweek (4/10 or 9/80) or flexible work schedule as mutually agreed between the
employee and department head and approved by the City Manager or his designee.
ARTICLE 9
ATTENDANCE
Employees shall be in attendance at their work in accordance with the rules
regarding hours of work, holidays and leaves. If an employee is unable to report to work, he /she
must notify his supervisor in accordance with departmental policy. Failure to do so may result in
disciplinary action. Any employee who is unable to report to work for a period in excess of ten
(10) working days must be on paid leave status (vacation, holiday or sick leave) or must apply to
the department head for an unpaid leave of absence. Failure on the part of an employee, absent
without leave, to return to duty within twenty -four (24) hours after notice to return shall be
deemed a resignation unless an acceptable reason is given. Such notice to return shall be sent by
registered mail to the addressee only, return receipt requested. It is the responsibility of the
employee to notify the supervisor and the Human Resources Department of any change of address
or telephone number.
M
ARTICLE 10
SALARIES/WAGES
Section 1
The City shall provide a three percent (3 %) salary adjustment to all represented
employees contingent upon the corresponding elimination of all Employer Paid
Member Contribution ( "EPMC ") being paid by the City to CalPERS on behalf of said employees.
Step increases set forth in Article XI will also continue in full force and effect.
Section 2 - Employer Paid Member Contributions to CalPERS
Effective the start of the first full pay period in January 2012 and prior to this MOU,
CalPERS eligible employees in the Unit previously received a two percent (2 %) Cost of Living
Adjustment ( "COLA ") on the condition that they also paid at least two percent (2 %) of the
Employer Paid Member Contribution being paid by the City to CalPERS through payroll
withholding. In other words, CalPERS eligible employees began contributing two percent (2 %)
of their PERSable compensation to CalPERS via payroll pre -tax deduction and the City
continued to pay the remaining six percent (6 %) on behalf of eligible employees hired before
January 1, 2011. Employees hired on or after January 1, 2011 receive no EPMC and are
required to pay their full eight percent (8 %) member contribution to CalPERS.
Effective the start of the first full pay period in January 2013, all CalPERS eligible
employees in the Unit shall cease receiving any Employer Paid Member Contribution being paid
by the City to CalPERS. In other words, all Association represented CalPERS eligible
employees regardless of hire date shall be responsible for their full eight percent (8 %) member
contribution to CalPERS.
Section 3 - Mandatory Direct Deposit
All Unit members shall be on mandatory electronic -direct deposit.
Section 4•- Unpaid Furlough Days
A) Employees shall be subject to Sixty (60) hours of unpaid furlough time for full
time employees, and thirty (30) hours for part time employees as an hourly
base rate reduction during the remaining MOU term after adoption or
implementation of the MOU, including unpaid furloughs between Christmas and
New Year's. City Hall and related facilities are to remain open for business, with
the exception of the time between Christmas Day and New Year's Day when
facilities will be-closed. Some rotating staff may be assigned to work during
Holiday furlough period (example, duty staff) for public response services.
Remaining furloughs should be taken in full day or full shift increments with
Department Heads to approve the specific day within the assigned time staff
will be approved to take their unpaid furlough day. Department Heads to
reasonably accommodate employee requested furlough days off and such
requests shall not be unreasonably denied.
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B) The City has agreed to the Association's "smoothing financial impact"
proposal which means that the furlough hours shall be treated as a
salary reduction spread evenly out over the pay periods from adoption of
this MOU through the final payperiod of the 2012 -13 Fiscal Year. In the
event that an employee separates from employment for any reason prior to the
end of the fiscal year, no adjustments shall be made to payroll based upon
number of furlough days taken or not taken at time of separation.
C) Furlough time will count as hours worked such that if a full -time employee is
required to work more than his or her regularly scheduled hours, he /she shall
be compensated at time - and - one -half, subject to review by the HR Director
and the City Manager for misuse of furlough and non - scheduled hours worked.
ARTICLE 11
STEPINCREASES
Employees are eligible for a step increase upon successful completion of probation and
thereafter will be considered on the basis of merit after intervals of one (1) year.
Section 1
Any employee hired or promoted to Step A of a different range of pay, shall receive the
Step B salary at the successful completion of the probationary period. Increases to Step C, D and E
within any pay range shall be based on satisfactory job performance by the individual and shall be
reviewed at least at the following 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 afterthe 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 described in Section 1.
Section 3
New employees, as well as current employees accepting another position within the Unit,
shall be appointed at the first step of the salary range to which their class is assigned, except when the
education and previous training or experience of a proposed employee are substantially
superior to those required of the class and justify a beginning salary in excess of such minimum
compensation. Upon recommendation of the department head, the City Manager may authorize an
appointment to this position at any higher step. The department head shall submit his
recommendation to the City Manager in such form, together with such information as the City
Manager may require.
0
The provisions of this Article do not apply to those hired or employed on an hourly basis.
ARTICLE 12
LONGEVITY PAY
A longevity pay program is hereby established for regular full -time City employees as follows:
1 % of base salary at the end of seven (7) .years of service; and an additional
1 % of base salary at the end of twelve (12) years of service; and an additional
I% of base salary at the end of seventeen (17) years of service; and an additional
Effective 7 -1 -95:
2% of base salary at the end of twenty -two (22) years of service
The additional percent (s) to base salary shall be paid on normally assigned position and
not any temporary or special assignment. In addition, benefits shall not accrue during the term
of an unpaid leave -of absence nor does such time count as service time for step increases,
seniority or other purposes.
ARTICLE 13
a
ACTING SUPERVISORY PAY
At such time as a supervisory position becomes temporarily vacant for reasons of
sick leave, leave of absence or injury on duty status, a civil service employee may be assigned
the supervisory duties and designated as "acting." Further, at such time a supervisory position
becomes vacant on other than a temporary basis as described above, i.e., without an incumbent, a
civil service employee; who has less than the minimum training or experience requirements for
temporary appointment, may be assigned the duties and designated as "acting" upon
determination by the department head (or City Manager, if appropriate) that said employee is best
qualified to perform all or a substantial portion of the duties of the supervisory position. The
selection of the employee for "acting" status shall be within the sole discretion of the department
head. Employees acting in a supervisory position shall not be entitled to any additional
compensation for doing so unless they work eight (8) or more days in that assignment at which
time they shall be entitled to acting compensation retroactive to the first day of that assignment.
Such compensation shall continue until such time as the incumbent returns or, in the case of a
position being vacant, the employee meets the temporary appointment requirements., Acting
compensation is at the step rate in the supervisory position range which exceeds but is closest to
the employee's current rate of pay in the permanent position or one - hundred fifty dollars ($150.00)
per month, whichever is less. Part-time employees are excluded from this provision.
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ARTICLE 14
ADDITIONAL DUTIES PAY
When an employee is officially determined by their Department Head and the HR
Director to be temporarily performing additional duties outside his /her classification, such
employee shall be compensated an additional five (5) percent above their base salary for the
time spent performing those additional duties. Eligibility for the additional pay shall commence
after fourteen (14) consecutive days of performing the additional duties and shall not be
retroactive. Any employee receiving Acting Duty Pay or Project Coordinator Pay for performing
duties outside the employee's classification shall not be eligible for Additional Duties Pay, for
performing those same duties for which they are already being compensated.
ARTICLE 15
PROJECT COORDINATOR PAY
Upon recommendation of the respective department head,, and review and approval
by the HR Director and- City Manager, employees. are eligible for Project Coordinator Pay
in increments of one hundred dollars ($100) up to a maximum of five hundred dollars ($500)
per month. Project Coordinator Pay is intended for performing duties on a project basis outside
an em'ployee's job classification and is limited to a twelve (12) month (one calendar year)
period unless otherwise approved by the City Manager or his /her designee. Any employee
receiving Acting Duty Pay or Additional Duties Pay for performing duties outside the employee's
classification shall not be eligible for Project Coordinator Pay for performing those same duties
for which they are already being compensated.
ARTICLE 16
STANDBY PAY
All non - management, except hourly employees, in the Recreation and Community
Services and Public Works Department who have experience and training to perform call back
duties are eligible for standby duty.
When an employee is required to be available for immediate emergency call back at
times the employee is not otherwise on duty, the employee shall be compensated at the rate of
twenty dollars ($20.00) per shift, which constitutes Standby Pay.
All employees during the period they are scheduled for such duty shall perform
such services as may be designated by the City Manager or his designee and shall be available
at all times during the duty shifts for emergency work. No overtime credit shall be accrued to
employees on standby shifts. However, the call back pay provisions, as provided in Article 17 of
this MOU, apply when an employee on standby duty is required to return to work.
The City shall have one combined standby crew for Public Works and Recreation and
Community Services call backs.
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Part -time employees shall not be assigned to standby duty.
A standby shift for a working day is hereby fixed as a duty period extending from 5:00
PM to 6:30AM of the following day. From 6:30AM on Fridays (4/10 work week), Saturdays,
Sundays, and holidays to 6:30AM of the following day shall be considered as two (2) standby
shifts and the employee will be paid forty dollars ($40.00).
ARTICLE 17
CALL BACK PAY
Call back pay is 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. In the event an employee, including an employee on standby, is called back or
required to report to work, such employee shall be paid a minimum of two and one -half hour at the
rate of pay applicable under the Fair Labor Standards Act (time, and one -half of the regular rate
if the hours worked exceed forty (40) in the work week). Response to further emergency calls
within the paid two and one -half (2'/2) hour minimum period do not result in additional two and one
half (2 'h) hour minimum periods. 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 MOU. Part-time employees are excluded from the provisions of this Article.
ARTICLE 18
BILINGUAL PAY
The City Manager may grant compensation to full -time employees who have passed
their initial probationary period and CalPERS eligible part-time employees for using bilingual skills
in the course of work, providing that such use is for at. least twenty percent (20 %) of the
employee's working time for either written or oral communication.
Employees required to use bilingual skills in the course of their work may request
bilingual pay by submitting written justification approved by the department head to the City
Manager.
Those employees approved for bilingual pay shall be required to pass a
language proficiency examination.
Bilingual pay shall be fifty dollars ($50.00) per month paid on a bi- weekly basis effective
the first full pay period after the first of the month following the submission of a personnel status
form with proper approval.
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ARTICLE 19
SHIFT DIFFERENTIAL PAY
CalPERS Eligible employees shall receive a Shift Differential Pay of $1.00 per hour
when scheduled after 6:OOP.M. and before 7:OOA.M. This is the only Shift Differential Pay
available and is intended solely for enforcement - related personnel as part of their regularly
scheduled evening shifts .after normal working hours. This Shift Differential Pay does not apply
to public emergency response situations where standard overtime rules exist.
ARTICLE 20
EDUCATION INCENTIVE PAY
To encourage employees in undertaking outside study to the end that they may
perform their duties in a more efficient manner, a system of education incentive pay, over and
above established pay schedules, is hereby established.
Effective the first full pay period following ratification, Education Incentive Pay is
allowable for completed courses of approved subjects at accredited schools, and is fixed at one
dollar ($1.00) per month for each semester unit of credit satisfactorily completed by the employee
with a grade of "C" or better. A quarter unit is the equivalent of a semester unit and is compensated,
at dollar ($1.00) per month for each semester unit. Maximum pay is fixed at one - hundred fifty
dollars ($150.00) per month.
All courses of study must have prior approval by the employee's department head and
the City Manager in order to receive education credit. Accredited schools are herein defined as
colleges, junior colleges, universities or other accredited schools providing college credit as may be
approved by the City Manager.
The City will pay up to one - hundred dollars ($100.00) per month incentive to
Civil Engineering Assistants upon certification from the California State Board of Registry as a
Certified Professional Engineer (Civil). The City will pay up to one- hundred dollars ($100.00)
per month incentive to Water Service Workers upon receipt of a Grade II Water
Treatment Operator Certificate or Water Backflow Tester Certificate and up to one - hundred dollars
($100.00) per month incentive to Code Enforcement Officers, Building Inspector and Housing
Rehabilitation Specialists upon certification from the International Conference of Building Officials
as a Building Inspector or from NAHRO as a Construction Rehabilitation Specialist.
Suitable written certification from the school or granting agency showing satisfactory
completion of each course or program shall be submitted to the. Human Resources Division for
personnel records. Education Incentive pay shall commence the first full pay period in the month
following the submission of written certification.
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The City will contribute one - hundred percent (100 %) of the cost of tuition fees for
such courses, up to seven- hundred fifty dollars ($750.00) per semester or quarter course while the
employee is accruing the one - hundred fifty dollars ($150.00) per month maximum education
incentive pay. The maximum City contribution to cost of tuition and books is one - thousand five -
hundred dollars ($1,500.00) annually. Tuition Reimbursement Program guidelines are available
through the Human Resources Division.
The provisions of this section do not apply to part -time employees or employees
undertaking an approved course during a regular work day or assigned shift.
ARTICLE 21
UNIFORM AND CLOTHING ALLOWANCE
The City shall furnish annually to all hourly Recreation employees three (3) shirts and
one (1) windbreaker identifying them as City employees. All Natatorium personnel shall be
provided with one (1) swimsuit annually to identify them as City employees.
The City will furnish Public Works Department employees whose duties require
uniforms, three (3) uniform changes per week plus two (2) additional laundered shirts per week.
Employees identified below that are required to wear OSHA safety boots /shoes
shall receive one - hundred fifty dollars ($150.00) as a uniform allowance annually. The
allowance is taxable and will be included within the employee's paycheck.
Positions entitled to uniform and /or clothing allowances are identified below as follows:
Street Maintenance Worker
Street Maintenance Lead Worker
Senior Street Maintenance Worker
Maintenance Worker / Laborer (Assigned to Street, Water, Right -of -Way, Grounds Maintenance)
Water Service Worker
Water Service Worker II Water
Service Lead Worker Senior
Water Service Worker
Electrical Maintenance Worker
Park Maintenance Lead
Worker Building Maintenance
Worker Custodian
Public Works Inspector
Utility Worker
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ARTICLE 22
MILEAGE REIMBURSEMENT
With the approval of the department head and the City Manager, the City will
reimburse full -time and part-time employees required to use their personal vehicles for the purpose
of conducting City business at the current rate contained in the Internal Revenue Service code
book at the time of use.
Necessity for and payment of out -of -town mileage must be approved by the
employee's supervisor. The employee must document the date, destination and beginning
and ending odometer from his or her vehicle in supporting the request. Said information must
be logged on Mileage Claim Form when requesting payment.
ARTICLE 23
OVERTIME
Section 1 Definition
Time worked 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. Hours not worked, such as sick leave, vacation and floating holidays
are not counted as time worked when computing overtime. Those holidays identified in Article
35, Section 2, shall be counted as time worked when computing overtime.
Section 2 Methods of Overtime Compensation
An employee who works in excess of forty (40) hours in a workweek shall receive
compensatory time at the rate of 1.5 hours for each hour worked in excess of forty (40) per
workweek to a maximum of sixty (60) hours of compensatory time. An employee has the option of
either pay for overtime or accrual of overtime to the maximum hours allowed by marking the
appropriate section on the timecard for the payroll period during which the overtime was worked.
Any hours in excess of sixty (60) hours will be paid. Accumulated compensatory time up to the
sixty (60) hour maximum will only be paid as described below or upon termination.
The City will allow for thirty (30) hours of buy back of accrued compensatory time. In
addition, for converting other forms of leave to cash, excluding sick leave, please see Article
36, Annual Vacation Leave. The form will be available in the Human Resources Department.
The City reserves the right to reject a request to take compensatory time if it
determines that the absence of the employee at the time requested would unduly disrupt the City's
operations.
Section 3 . Procedures for Reporting Overtime
Overtime should be reported as actual hours on the appropriate line provided on the
time card, i.e., overtime to be paid or overtime to be accrued. Finance will do all the necessary
calculations. Cumulative totals will be reported on the employee's check as is current practice.
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ARTICLE 24
ELIMINATION OF EXEMPTSTATUS
Effective July 1, 1982, all full -time employees who are in classifications covered by this
MOU shall no longer be considered "Exempt ". All such employees shall be subject to all provisions of
this MOU except that any employee who was hired as an "Exempt" employee prior to July 1, 1982
and has not .completed the probationary period shall be entitled to accrue and use holidays
and vacation during such probation.
ARTICLE 25
EMPLOYEES' INSURANCE COVERAGE
The City shall provide funding for medical expenditures as follows:
A) The City is a contracting agency for participation in the Public Employees' Medical
and Hospital Care Act ( "PEMHCA "). Government Code Section § 22892 provides
for the minimum employer contributions to allow enrollment in PEMHCA.
B) Effective January 1, 2013, the City's minimum contribution to PEMHCA was
increased from one hundred twelve dollars ($112.00) to one hundred fifteen dollars
($115.00)- p e r month and shall from calendar year to calendar year, continue
to be adjusted to correspond with statutory amended minimum employer
contribution rates.
C) For each employee in the represented Unit hired prior to January 1, 2009, the City
will fund an amount which, when added to the minimum mandated employer
contributions to participate in PEMHCA, equals the "Other Southern California
Region" (as defined by PEMHCA) Family Premium Rate for Kaiser coverage, as
that amount from time to time exists. This. funding will be implemented by a
combination of (a) direct contributions by the City to CalPERS of eighty percent
(80 %) of the "Other Southern California Region" (as defined by PEMHCA) Family
Premium Rate for Kaiser coverage and (b,) direct contributions by the City of twenty
percent (20 %) of "Other Southern California Region" (as defined by PEMHCA)
Family Premium Rate for Kaiser coverage under a health reimbursement
arrangement maintained for those employees by the City.
D) For each employee 'in the represented Unit hired on and after January 1, 2009,
the City will fund an amount which, when added to the minimum mandated
employer contributions to participate in PEMHCA, equals eighty percent (80 %) of
the "Los Angeles Area Region" (as defined by PEMHCA) Kaiser Family coverage
rate.
E) The balance of any premiums due for coverage selected by the employee for the
employee and eligible dependents will be funded under a cafeteria plan by payroll
deductions from each such employee.
F) For employees hired on or after September 1, 2011, the City has "capped" City.paid
health insurance at one thousand one hundred twenty -eight .dollars and forty cents
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($1128.40) per month, which at that time was the rate of the Kaiser Family Los
Angeles Region coverage for calendar year 2011. Note: this means that
employees hired on or after September 1, 2011, are responsible for paying the
difference for calendar year 2012 and beyond on any increases to health insurance
above the capped amount.
G) Regardless of date of hire, an employee may select any of the Health Insurance
Plans offered through PEMHCA, for the employee and any eligible dependents.
H) With verifiable proof of non -City health benefits coverage as determined by the HR
Director, employees shall be eligible to receive either cash -in -lieu of benefits on a
post -tax basis or a contribution in lieu of benefits to deferred compensation on a
pre -tax basis in an amount equivalent to the Los Angeles county Kaiser "Employee
Only" rate or five hundred dollars ($500) per month, whichever is less.
Caveat: If an administrative or judicial entity finds this Article to be invalid or of negative financial
impact to the City, to its employees and /or to the provision of these benefits, the parties agree that this
Article XVIII shall be immediately subject to a meet and confer reopener. The parties do further
agree that a substitute provision resulting from the meet and confer process shall result in no greater
economic expenditure to the City then that which would have occurred pursuant to the above
provisions.
The City will continue to pay the full cost of dental plan premiums for fulltime and CalPERS
eligible part-time employees and their eligible dependents for the duration of this MOU. The City
further agrees to enhance the current dental benefits to include a retirement benefit for employees
who retire from active City service with at least five (5) years tenure with the City. Verification of
CalPERS retirement application will be required. In March of each year, the City will reimburse
active employees for dental plan deductibles incurred in the previous calendar year. Said
reimbursement also applies to hourly employees who are eligible for dental coverage.
The City shall continue to provide fifty- thousand dollars ($50,000.00) life insurance for all
full -time and CalPERS eligible part-time employees with the full cost of the premium paid by the City
inclusive of a retirement benefit.
The City shall continue to pay the full cost of Vision Plan premiums for all fulltime and
CaIPERS eligible part time employees and their dependents inclusive of a retirement benefit
clause. The City will reimburse employees up to a maximum of thirty dollars ($30) per eligible
dependent/employee for vision co- payments incurred in' the previous calendar year with proper
documentation.
The City shall continue to participate in the State Disability Insurance Program for Unit
members with the full cost of such plan to be paid by the City.
The City will contribute toward health and dental coverage for all part -time Unit employees
who pursuant to CalPERS regulations are members of CaIPERS and mandated to participate in the
CalPERS health plan. Such benefit shall continue only for such time as CaIPERS requires such a
contribution.
The City shall implement an Employee Assistance Program (EAP) with the full insurance
premium incurred by the City for full -time and hourly CalPERS eligible employees.
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ARTICLE 26
WORK RELATED INJURIES
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 shall provide full salary continuance for
thirty (30) calendar days to an employee who is disabled by injury or illness arising out of and in
the course of his /her or her duties. Time off work due to an on- the -job injury is not deductible
from accumulated sick leave for period not to exceed thirty (30) calendar days. However, there is
a three (3) day waiting period which at that time an employee will have to use accrual sick time. The
salary continuation may be extended beyond thirty (30) days on a case -by -case basis as approved
by the City Manager.
Thereafter, compensation shall be only as provided in the Worker's Compensation
Insurance and Safety Act.
Part-time employees are excluded from the provisions' of this Article relating to the
salary continuance.
ARTICLE 27
SICK LEAVE POLICY
Section 1 — Sick Leave Credit
Sick leave with pay shall be granted by the City Manager at the rate of one work day for
each calendar month of service accrued at 3.69 hours per pay period or prorated if not a full pay
period. Sick leave shall not be considered as a privilege which an employee may use at his or her
discretion, but shall be allowed only in case of necessity and actual sickness or disability. In no
event will sick leave with pay be granted in excess of that which is accrued.
Section 2 Sick Leave Use
In order to receive compensation while absent on sick leave, the employee shall notify
his or her immediate supervisor prior to, or within two (2) hours after the time set for beginning
duty, unless notification is physically impractical. In addition, the employee must complete a
"Request for Time Off' form upon his /her return. Such form will need to be attached to his /her
timesheet in order to get compensation.
Section 3 — Physician's Certification
A. An employee shall provide a physician's certification or personal statement verifying that. the
employee was absent from work due to injury or illness, whenever the employee is absent for
three (3) or more days.
B . The City may require a physician's release to return to work whenever the City has a
reasonable doubt as to a n employee's ability to perform the essential functions of the
employee's position satisfactorily and safely.
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Section 4 — Sick Leave Accrual
There is no maximum sick leave credit that employees may accumulate.
Section 5 — Sick Leave Payoff Program
The Sick Leave Payoff Program may be used in one of three (3) circumstances: (1)
resignation or termination, (2) retirement (3) annual compensation. The Sick Leave Payoff Program
utilizes a maximum limit of 768 hours. The method of compensation shall be on a straight time pay
basis at the rate of pay in effect at the time of payoff.
A. Upon resignation or termination and only after ten (10) years of continuous City service, a n
employee shall receive twenty -five (25 %) for unused sick leave hours up to 768 hours.
Resignation and termination shall exclude termination for cause and retirements.
B. Upon regular service (non - disability retirement, and employee shall receive fifty percent (50 %)
compensation for unused sick leave hours up to the maximum of 768 hours. Retirement shall
exclude disability retirements.
C. As part of an employee's annual compensation fifty percent (50 %) of sick leave earned beyond
768 hours shall be compensated annually to the employee at the end of each calendar year. The
remaining fifty percent (50 %) of such excess sick leave remains on the books but shall be used
for actual sick leave purposes only and shall not entitle the employee to any additional
compensation. Sick leave accrued beyond 768 hours shall be used prior to the earlier
earned sick leave.
Section 6 — Miscellaneous Provisions
A. The City maintains the right to discipline any employee for abusive absenteeism.
B. In any calendar year, an employee shall be allowed to use sick leave accrued and available in
an amount not less than what would be accrued in six (6) months of employment to attend to
the illness of a child, parent or spouse of the employee. For purposes of this section, six
(6) months sick leave accrual will be based on thirteen (13) pay periods. It is not the intent
of this subsection to extend the maximum period of leave to which an employee is entitled
under Section 12945.2 of the Government Code or under the Federal Family and Medical
Leave Act of 1993, regardless of whether the employee receives sick leave compensation
during that leave.
ARTICLE 28
BEREAVEMENT LEAVE
In the event of a death in the employee's immediate family, the department head or
City Manager may grant a four (4) day bereavement leave with pay. "Immediate Family" is
defined as mother or father or grandparents of employee or spouse; spouse, brother,
sister, children or_ grandchildren of employee. In order to receive compensation, the
employee must complete the "Request For Time Off' form and attached verification such as a
copy of the arbitrary or a copy of the death certificate
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Effective October 1, 1995, all part -time employees who have attained CalPERS
eligibility may be granted a three (3) day bereavement leave with pay under the same provisions
as stated above.
ARTICLE 29
EMERGENCY LEAVE
In the event of an emergency, the City Manager may grant the use of a maximum of two
(2) days sick leave annually as emergency leave. Application for emergency leave may be under
the following conditions: 1) Hospitalization or illness in immediate family. (not covered under
Labor Code Section 233 /Sick Leave and, 2) Death in family not covered by bereavement leave. 3)
Other events which preclude the employee's attendance at work and which the department head
determines constitutes an emergency. If the department head denies an employee's request for
emergency leave, the employee may request in writing that the City Manager review the request.
The City Manager's decision shall be final.
Hourly employees are excluded from the provisions of the Article.
ARTICLE 30
The City shall compensate a full -time employee who has been called for jury duty.
Compensation shall be at the employee's regular hourly rate of pay. The employee shall remit to
the City the amount paid by the courts minus any mileage reimbursement.
Service on a grand jury is specifically excluded from this Article.
ARTICLE 31
MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of federal and state law.
ARTICLE 32
UNPAID LEAVE OF ABSENCE
A. permanent classified employee may be granted an unpaid leave of absence of up
to thirty (30) days for medical, personal and other reasons. Pregnancy shall be treated as any
other disability, except that beginning with the first day of absence from the job, a total of four (4)
months leave time with, and /or without, pay shall be granted if medically necessary to an
employee whether on temporary/hourly or permanent status. Additional time will be
considered if the employee remains disabled, and may be authorized subject to the needs of
the service as are other disability leaves. Extensions on other leave requests may also be granted
for successive periods of up to thirty (30) days each up to a maximum of one hundred eighty
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consecutive days unless otherwise approved by. the City Council only if the City Manager makes
the recommendation. Benefits shall not accrue during the term of an unpaid leave of absence
nor does such time count as service time for -step increases, seniority or other purposes.
Available compensatory time off and, in the case of a medical leave request, sick leave shall be
used prior to the commencement of a leave of absence. All requests for unpaid medical leave
must be in writing and submitted for department head and City Manager approval. The City
Manager may approve up to thirty (30) days unpaid leave for personal leave requests. All other
requests for leaves of absence must be submitted in writing and be approved by the City
Council. Requests for medical leave and extensions of medical leave must be accompanied by a
certificate from the employee's physician stating the necessity for the leave or extension. An
employee returning from medical leave shall present a certification from the employee's physician
stating that the employee is able :to return to his /her normal work. The City may, whenever it
appears justified, independently verify the physician's statements provided for in this section.
During the term of such medical leave the City shall continue to pay the health insurance premiums
for the employee only.
Upon expiration of an approved unpaid leave of absence 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 of such leave shall be cause for discharge.
Part -time employees are excluded from these provisions with the exception of
the pregnancy specification.
ARTICLE 33
FAMILY CARE AND MEDICAL LEAVE POLICY
Section 1 Statement Of Policy
In addition to other leaves available under this MOU and /or other City provided leaves
of absences, employees may also be eligible for leave under federal and state law.
The City will provide family and medical care leave for eligible employees as required
by state and federal law, including leaves under the Federal Family and Medical
Leave Act ( "FMLA "), the California Family Rights Act ( "CFRA "), and the California Paid
Family Leave insurance program ( "PFL ") also known as Family Temporary Disability
Insurance program.
An individual who is entitled to leave under the FMLA and the CFRA must take PFL
concurrent with leave taken under the FMLA and the CFRA.
Section 2 Definitions
In implementing this policy, the following definitions will apply:
A) "12 -Month Period" means a rolling 12 -month period measured backward from the
date leave is taken and continuous with each additional leave day taken.
B) "Parent" means the biological, foster, or adoptive parent of an employee or an
individual who stands or stood in loco parentis (in place of: a parent) to an
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employee when the employee was a child. This term does not include parents -
in -law.
C) "Child" means a child under the age of eighteen (18) years of age, or eighteen
(18) years of age or older who is incapable of self care because of a mental or
physical disability. An employee's child is one for whom the employee has actual
day -to -day responsibility for care and includes, a biological, adopted, foster or
step - child, a legal ward, a son or daughter of a domestic partner, or a- son or
daughter who stands in loco parentis to that child.
D) "Spouse" means a husband or wife as defined or recognized under California
State law for purposes of marriage.
E) "Domestic Partner" means a partner as defined in Section 297 of the Family
Code.
F) "Family Member" means a child, parent, spouse, or domestic partner as defined
in this policy.
G) "Serious Health Condition" means an illness, injury impairment, or physical or
mental condition that involves:
1. Inpatient Care (i.e., an overnight stay) in a hospital, hospice, or
residential medical care facility, including any period of incapacity (i.e., inability
to work, or perform other regular daily activities due to the serious health
condition, treatment involved, or recovery there from); or
2. Continuing treatment by a health care provider: A serious health
condition involving continuing treatment by a health care provider as defined
under federal and /or state law...
H) "Health Care Provider" is defined pursuant to the FMLA and CFRA.
Section 3 Reasons For Leave
Leave is only permitted for the following reasons:
A) The birth of a child or to care for a newborn of an employee or the
employee's domestic partner;
B) The placement of a child with an employee in connection with the adoption or
foster care of a child by the employee or domestic partner;
C) Leave to care for a child of the employee, spouse or domestic partner who
has a serious health condition; or
D) Leave because of a serious health condition that makes the employee
unable to perform the functions of his /her position;
E) Leave to care for a parent, spouse, or domestic partner who has a serious
health condition.
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Section 4 Employees Eligible For Leave (Not applicable to PFL
An employee is eligible for leave if the employee:
A) Has been employed for at least twelve (12) months; and
B) Has been employed for at least one - thousand two- hundred fifty (1,250)
hours during the 12 -month . period immediately preceding the
commencement of the leave.
Section 5 Amount Of Leave
Eligible employees are entitled to a total of twelve (1.2) workweeks of leave during any
12 7month period.
A female employee has a reasonable leave of absence of up to four months
whenever she becomes disabled as a .result of pregnancy, childbirth, or related medical
conditions.
Four months is the maximum allowed for pregnancy - related disability leave. A female
employee who is physically and mentally capable of returning to work before the expiration of
four months is not entitled to a full four month leave of absence.
Notwithstanding any leaves available under this policy, once an employee exhausts all
federal and state leaves, and any accrued paid leaves, the employee may apply for an unpaid
administrative leave of absence pursuant to Article XXXIII for successive periods of up to thirty
(30) days each up to a maximum of one hundred eighty (180) consecutive days. The City has
the discretion to either grant or deny any request for an unpaid administrative leave. Benefits
.shall not accrue during the term of an unpaid leave of absence nor does such time count as
service time for step increases, seniority or other purposes.
A) . Minimum Duration of Leave
If leave is requested for the birth, adoption or foster care placement of a child of
the employee or domestic partner, leave must be concluded within one year of the birth
or placement of the child. In addition, the basic minimum duration of such leave is two weeks.
However, an employee is entitled to leave for one of these purposes (e.g., bonding with a
newborn) for at least one day, but less than two weeks duration on any two occasions. If leave
is requested to care for a child, parent, spouse, domestic partner or the employee him /herself
with a serious health condition, there is no minimum amount of leave that must be taken.
However, the notice and medical certification provisions of this policy must be complied with.
B) . Spouses Both Employed by the City
In any case in which a domestic partner, husband and wife are both employed by
the City and both are entitled to leave, the aggregate number of workweeks ofjeave to which
both may be entitled may be limited to twelve (12) workweeks during any 12 -month period if
leave is taken for the birth or placement for adoption or foster care of the employees' child (i.e.,
bonding leave). This limitation does not apply to any other type of leave under this policy.
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Section 6 Employee Benefits While On Leave
Leave under this policy is unpaid. While on leave, employees will continue to be
covered by the City's group health insurance to the same extent that coverage is provided while
the employee is on the job.
Employees may make the appropriate contributions for continued coverage by payroll
deductions or direct payments made to these plans. Depending on the .particular plan the City
will inform you whether the premiums should be paid to the carrier or to the City. Your coverage
on a particular plan may be dropped if you are more than thirty (30) days late in making a
premium payment. However, you will receive a notice at least fifteen (15) days before coverage
is to cease, advising you that you will be dropped if your premium payment is not paid by a
certain date. Employee contribution rates are subject to any change in rates that occurs while
the employee is on leave.
If an employee fails to return to work after his /her leave, entitlement has been
exhausted or expires, the City shall have the right to recover its share of health plan
premiums for the entire leave period, unless the employee does not return because of
the continuation, recurrence, or onset of a serious health condition of the employee or
his /her family member which would entitle the employee to leave, or because of circumstances
beyond the employee's control. The City shall have the right to recover premiums through
deduction from any sums due the City (e.g. unpaid wages, vacation pay, etc.).
Section 7 Employer's Right to Require An Employee to Use Paid Accrued Leaves
Concurrently With Family Leave
While on leave under this policy, as set forth herein, an employee may elect
to concurrently use paid accrued leaves. Similarly, the City may require an employee
to concurrently use paid accrued leaves after requesting FMLA, CFRA PFL time off, and may
also require an employee to use FLMA leave concurrently with a non- FMLA/CFRA leave which is
FMLA/CFRA- qualifying.
Section 8 Substitution Of Paid Accrued Leaves
Where an employee has earned or accrued paid vacation and /or administrative leave,
that paid leave must be, substituted for all or part of any (otherwise) unpaid leave under this
policy.
As for sick leave, an employee is entitled and may use sick leave concurrently with leave
under this policy if:
1. The leave is for the employee's own serious health condition; or
2. The leave is needed to care for a parent, domestic partner, spouse or
child with a serious health condition, and would be permitted as sick leave
under the City's sick leave policy.
As for compensatory time, an employee may use compensatory time concurrently with
leave under this policy.
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As a condition of an employee's initial receipt of family temporary disability insurance
benefits during any twelve (12) month period in which an employee is eligible for these benefits, the
City may require an employee to take up to two weeks of earned but unused vacation leave prior to
the employee's initial receipt of these benefits. If the City requires the employee to take vacation
leave, that portion of the vacation leave that does not exceed one week shall be applied to
any applicable waiting period for receipt of family temporary disability insurance benefits.
Section 9 Medical Certification
Employees who request leave for their own serious health condition or to care for a
child, parent, domestic partner or a spouse who has a serious health condition must provide
written certification from the health care provider of the individual requiring care if requested by the
City.
If the leave is requested because of the employee's own serious health condition, the
certification must include a statement that the employee is unable to "perform the essential
functions of his /her position.
A) Time to Provide a Certification
When an employee's leave is foreseeable and at least 30 days notice has been
provided, if a medical certification is requested, the employee must provide it before the leave
begins. When this is not possible, the employee must provide the requested certification to the
City within the time frame requested by the City (which must allow at least 15 calendar days
after the employer's request), unless it is not practicable under the particular circumstances to do
so despite the employee's diligent, good faith efforts.
B) Consequences for Failure to Provide an Adequate or Timely Certification
If an employee provides an incomplete medical certification, the employee will be given
a reasonable opportunity to cure any such deficiency.
However, if an employee fails to provide a medical certification within the time frame
established by this policy, the City may delay the taking of FMLA /CFRA leave until the required
certification is provided.
C) Recertification
If the City has reason to doubt the validity of a certification, the City may
require a medical opinion of a second health care provider chosen and paid for by the City. If
the second opinion is different from the first, the City may require the opinion of a third
provider jointly approved by the City and the employee, but paid for by the City. The
opinion of the third provider will be binding. An employee may request a copy of the health care
provider's opinions when there is a recertification.
D) Intermittent Leave or Leave on a Reduced Leave Schedule
If an employee requests leave intermittently (a few days or hours at a time) or
on a reduced leave schedule to care for an immediate family member with a serious health
condition, or for pregnancy - disability leave, the employee must provide medical certification
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that such leave is medically necessary. "Medically necessary" means there must be a medical
need for the leave and that the leave can best be accomplished through an intermittent or
reduced leave schedule.
Section 10 Employee Notice Of Leave
Although the City recognizes that emergencies arise which may require employees
to request immediate leave, employees are required to give as much. notice as possible of
their need for leave. If leave is foreseeable, at least thirty (30) days notice is required. In
addition, if an employee knows that he /she will need leave in the future, but does not know
the exact date(s) (e.g. for the birth of a child or to take care of a newborn), the employee
shall inform his /her supervisor as soon as possible that such leave will be needed. If the City
determines that an employee's notice is inadequate or the employee knew about the requested
leave in advance of the request, the City may delay the granting of the leave until it can, in its
discretion; adequately cover the position with a substitute. All notices required under this Policy
must be submitted to the department head.
Section 11 Reinstatement Upon Return From Leave
A) - . Right to Reinstatement
Upon expiration of leave, an employee is entitled to be reinstated to the position of
employment held when the leave commenced, or to an equivalent position with equivalent
employment benefits, pay, and other terms and conditions of employment. Employees have no
greater rights to reinstatement, benefits and other' conditions of employment than if the
employee had been continuously employed during the FMLA /CFRA /PFL period.
If a definite date of reinstatement has been agreed upon at the beginning of the
leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs
from the original agreement of the employee and City the employee will be reinstated
within two business days, where feasible, after the employee notifies the employer of his /her
readiness to return.
B) Employee's Obligation to Periodically Report on His /Her Condition
Employees may be required to periodically report on their status and intent to return to
work. This will avoid any delays to reinstatement when the employee is ready to return.
C) Fitness for Duty Certification
As a condition of reinstatement of an employee whose leave was due to the employee's
own serious health condition, which made the employee unable to perform his /her job, the
employee must obtain and present a fitness- for -duty certification from the health care provider that
the employee is able to resume work. Failure to provide such certification will result in denial of
reinstatement.
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ARTICLE 34
HOLIDAYS
.qartinn 1
The City and Association agree to incorporate into this MOU the following holidays to be
eliminated and have floating holidays replaced them. The holidays to be eliminated are:
Washington's. Birthday, Lincoln's Birthday, Columbus Day, Admission Day and Veteran's Day.
A) The total of five floating holidays in a calendar year accrued at a rate of 1.92 hours
per payperiod. All floating holidays to.be taken off are subject to operational and
scheduling factors and must be pre- approved by the employee's supervisor. In
addition, an employee must complete a "Request For Time Off' form.
B) Subject to (c) below, no floating holidays will be available until the successful
.completion of the original probationary period. At that time such employees will be
credited 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. The City
Manager may approve deferral as warranted.
D) If an employee fails to successfully 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.
E) Effective January 1, 1992 the accrual for five (5) floating holidays for full
time employees shall be fifty (50) hours per annum based on a 4/10 work
schedule.
F) In the event the city returns to an 8 hour /5 day work week the accrual rate
will reflect such change.
.qarrtinn 7
Employees covered under this MOU shall be allowed the following paid holidays:
New Year's Day, January 1, Martin Luther King Jr., third Monday in January; Presidents' Day,
third Monday in February; Cesar Chavez Day, March 31; 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. 1
Personal leave day may be taken on any day of the employee's choosing subject to
operational and scheduling factors and must be pre- approved by the employee's supervisor. In
addition, the employee must complete a "Request For Time Off' form. The Personal Leave day
26
must be taken within the calendar year or it is lost. Employees who- terminate without using their
Personal Leave day for that calendar year shall receive payment for this day. When a holiday
named in this regulation falls on Sunday, it shall be observed on the following Monday. As the
City is currently operated on a flexible work schedule, those holidays which fall on a- Friday in any
given year will not be observed by 4/10 employees. Those employees working a 5 day /8 hour
(5/8) work week will be paid for those holidays falling on a Friday. This provision is made with
the understanding that the accrual rates for floating and personal leave time will be adjusted
annually for 5/8 scheduled employees as warranted to compensate both the 4/10 and 5/8 work
schedules on an equal basis. In the event the City returns to a 5/8 work schedule for all full- time
employees, then those holidays falling on a Saturday will be observed on Friday. The City
Manager may determine and approve as warranted the carryover of up to two (2) floating holidays
into the following year for full -time employees. Said approved. holidays shall be taken no later than
June 30 of the carryover year. All requests must be submitted to the City Manager no later than
November 1 to be considered.
Section 3
A) Effective July 1, 1991 all hourly employees who have attained CalPERS eligibility
shall receive compensation for seven (7) hours in observance of Christmas Day,
December 25, annually.
B) Effective July 1, 1991 all hourly employees who have attained CalPERS
eligibility shall receive one (1) seven (7) hour paid Personal Leave day each
calendar year. A Personal Leave day may be taken on any day of the employee's
choosing subject to operational and scheduling factors and must be pre- approved
by the employee's supervisor. In addition, the employee must complete a
"Request For Time Off" form. The Personal Leave day must be taken within the
calendar year or it is lost. Employees who terminate without using their
Personal Leave day for that calendar year shall receive payment for this day.
Hourly employees who subsequently attain CalPERS eligibility within said calendar year shall
be credited with the Personal Leave day. All other provisions stated in above paragraph shall
,apply.
Section 4
MAKRla
C) Effective January 1, 2011, all hourly employees who have attained
CalPERS eligibility shall receive compensation for seven (7) hours in
observance of Presidents' Day, third Monday in February.
All part -time employees not specifically addressed are excluded from the provisions of this
27
ARTICLE 35
ANNUAL VACATION LEAVE
The purpose of annual vacation leave is to enable employee annually to return to his
work mentally refreshed. All employees in the classified service shall be entitled to annual
vacation leave with pay. Employees 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 such employee who later received a permanent appointment.
Ali eligible employees in the first through seventh year of continuous service shall earn
vacation credit at the rate of fourteen (14) calendar days (10 work days) per year. Beginning with
the eighth (8th) year and through the fourteenth (14th) year of continuous service employees shall
earn vacation credit at the rate of twenty -one (21) calendar days (15 work days) per year.
Beginning with the fifteenth (15th) year of continuous service and thereafter employees shall earn
vacation credit at the rate of twenty -eight (28) calendar days (20 work days) per year.
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 their full annual vacation leave; provided,
however, that after six (6) months of continuous service, they may be permitted to take vacation
leave not to exceed seven (7) calendar days. In no event, however, will paid vacation be granted
in excess of earned vacation credits.
Vacation leave must be approved in advance by the department head and the employee
will need to complete a "Request For Time Off' form. 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.
In the event one or more municipal holidays fall within an annual vacation leave, then
such holidays shall not be charged as vacation leave, and the vacation leave shall be extended
accordingly.
Employees who successfully complete probation and who terminate employment shall
be paid in a lump sum for all earned vacation leave prior to the effective date of termination.
Effective January 1, 1992, all hourly employees who have attained CalPERS eligibility
shall receive two (2) seven (7) hour paid vacation days each calendar year.
Except for those hourly employees identified above as receiving vacation, employees
who work on an intermittent or seasonal basis and all other hourly employees are ineligible for
vacation leave.
Members of the Unit may be paid for up to forty (40) hours per annum for
compensable time. Sick time is excluded from this provision.
Payment shall be made in the following manner:
A) Payment will be made annually at the employee's current hourly rate of pay.
B) Payment will not exceed forty (40) hours per calendar year.
28
C) Payment requests require the approval of the employee,. department head, Human
Resources Director and City Manager.
D) Payment requests can be submitted throughout the calendar year, with a maximum
of forty (40) hours per year.
E) Such payment shall be included in the employee's check within two pay- periods
following the signature of the employee, Department Head and Human Resources
Director.
Financial hardship requests to convert additional accrued leave to cash will be reviewed
on a case -by -case basis and require the approval of the City Manager. Financial hardship
requests shall be submitted to the Human Resources Director with appropriate justification..
Effective January 1, 2012, the City adopted the„ policy that an employee may
accumulate vacation to a maximum of six hundred forty (640) hours. Vacation leave is accrued
as earned and the amount of vacation leave accumulated shall not exceed the maximum.
Accrual shall stop whenever the employee is at the maximum.
fiscal year.
Employees in the Unit are "encouraged" to take at least 100 hours of leave time per
ARTICLE 36
LEAVE BENEFIT ACCRUAL RATES.
The following shall represent leave benefit accrual rates for full -time classified
employees:
VACATION 80 Hours /year (80/26)= 3.08 hours /pay period
VACATION 120 hours /year (120/26)= 4.62 hours /pay period
VACATION 160 hours /year (160/26)= 6.15 hours /pay period
SICK LEAVE 96 hours /year (96/26)= 3.69 hours /pay period
FLOATING HOLIDAYS 50 hours /year (50/26)= 1.923 hours /pay period
Effective 1 -1 -05:
4/10 Floating Holiday 50 hours
Personal Leave 20 hours
5/8 Floating Holiday 54 hours
Personal Leave 16 hours
29
FAV 1US AM]h
RETIREMENT POLICY
Retiree Health Insurance
The City amended its contract with CalPERS to provide credit for unused sick
leave effective August 1, 1992.
For employees hired on and after January 1, 2009, the City shall fund retiree medical
premiums in an amount equal to the City's statutory minimum contribution to P E M H CA.
Eligibility for said retiree medical premiums shall be subject to applicable City adopted
resolution(s) governing eligibility for retiree medical payments.
Employees hired after January 1, 2011, are not be eligible for City paid health,
dental, vision or life insurance coverage upon retirement.
For employees hired prior to January 1, 2009, City funded retiree medical premiums
shall be governed by pre- existing practices. The substance of the pre- existing practice shall be
articulated in writing by the parties not later than sixty (60) calendar days after City Council
adoption of this MOU.
Current Pension /Retirement Formula
Effective October 17, 1999, the City amended the CalPERS contract to provide the 2%
at 55 formula. Effective FY 02 -03 the City amended the CalPERS contract to provide the 3% @
60 formula with the City paying the additional 1% employee contribution (8 %). The City will
continue to provide Unit employees a pension through CalPERS using the 3% @ 60 formula.
The City amended its contract with CalPERS to increase the 1959 Survivor Benefit
from basic level to third level effective October 16, 1992. The City amended its contract with
CalPERS to increase the 1959 Survivor Benefit from Level 3 to Level 4 in 2003.
For the CalPERS 3% @ 60 retirement formula, the total allowed Employer Paid
Member Contribution (EPMC) is eight percent (8 %) of reportable compensation. Prior to January
1, 2011, the City paid the full eight percent (8 %) EPMC on behalf of eligible represented
employees. Effective January 1, 2011, all new employees (hired on or after January 1, 2011)
were required to pay their full member contribution of eight percent (8 %) directly to CalPERS
through payroll withholding; thus, eliminating the EPMC benefit for new employees hired on or
after January 1,2011. Effective March 4, 2012, the City reduced the EPMC CalPERS benefit for
those employees hired before January 1, 2011 from the previous full eight percent (8 %) to the
current six percent (6 %), with represented employees picking up the two percent (2 %) difference
as member pre -tax contributions to CalPERS through payroll withholding. The City in December
2011 adopted and submitted to CalPERS the appropriate resolution allowing employees to pay
their EPMC on a pre- tax basis per 414(h)(2) of the Internal Revenue Code (IRC).
Retirement compensation continues to be computed on. the employee's one (1) year's
highest earnings.
30
Each employee, eligible for service retirement, may have his /her City paid EPMC
CalPERS contribution reported as compensation for all or any part of the twelve (12) month
period prior to his /her service retirement date upon written request to the Director of Finance.
Accordingly, the CalPERS member contribution will be deducted from employee's higher based
salary. This provision will remain in effect unless otherwise prohibited by CalPERS law.
New Pension /Retirement Formula
Effective upon adoption , by the City Council of the appropriate CalPERS
contract amendment, all new hires shall be provided the 2% @ 60 CalPERS Retirement
Formula. Retirement compensation for these new hires shall be computed on the employee's
three (3) year average earnings formula. If the state adopts and CalPERS implements a lower
pension formula for new hires during the contract term, then the parties agree to meet and
confer regarding adoption of that formula for all new hires if allowed by CalPERS.
ARTICLE 38
GRIEVANCE AND DISCIPLINARY APPEAL PROCEDURE
A "Grievance" shall be defined as a controversy between the City and the Association or
an employee or employees covered herein: The provisions of this Article do not apply to
probationary or in the case of part -time employees, those who have not reached CalPERS.
eligibility. A controversy as defined in this Article must pertain to any of the following: (1) Any
matter relating to working conditions, (2) Any matter involving the interpretation or application of
any provision of this memorandum, or (3) Any matter involving the violation of any
provision or intent 'of this memorandum except any articles and provisions which state that
they are not subject to this Article. An appeal of a disciplinary action, including suspension,
discharge for cause, demotion or disciplinary reduction in pay, shall initially be submitted at Step
3, and contain a succinct written statement of the basis of appeal, within ten (10) working days
of the imposition of discipline. All written responses to a disciplinary appeal will specify reasons
for the decision and inform the employee of the appeal procedure and applicability of Section
1094.6 of the Code of Civil Procedure limiting the time within which legal actions must be
commenced.
There shall be an earnest effort on the part of both parties to settle grievances
promptly through the steps listed below. The employee may request the assistance of a
representative of his own choosing in preparing and presenting a grievance. Either party to the
grievance may .invite persons with relevant information to be present. For purposes of this
procedure "working days" refers to Monday through Thursday, 7:00 AM to 6:00 PM and excludes
weekends and holidays.
Step 1: An employee's grievance must be orally discussed with the first
line supervisor immediately in charge of the aggrieved employee within ten (10) working days
after the event giving rise to the grievance, or ten (10) working days after the date that he /she
should have been reasonably expected to have had knowledge of the grievance. The
supervisor will give his answer to the employee by the end of the tenth (10th) working day
following the presentation of the grievance and the giving of such answer will terminate Step 1.
Step 2: If the grievance is not settled in Step 1 and the employee wishes to pursue it
further, the grievance will be reduced to writing by the employee, fully stating the facts surrounding
31
the grievance and /or detailing the specific provisions of this memorandum alleged to have been
violated, signed and dated by the employee and- presented to the department head, or in his
absence, his designee within ten (10) working days after termination of Step 1.
Written discrimination allegations must contain a description of the purported
discriminatory action and the specific basis which is defined by Federal or State law (if any). A
meeting between the employee and his department . head or, in the department head's absence,
his designee may be arranged at a mutually agreeable location and time to review and discuss the
grievance. If scheduled, such meeting will take place within ten (10) working days from the date
the grievance is received by the department head or, in his absence, his designee.. The
department head or, in his absence, his designee will give a written reply by the end of the fifth
(5th) work day following the date of the meeting and giving of such reply will terminate Step 2.
Step 3: If the grievance is not settled at Step 2, the employee may move
the grievance to Step 3 by serving written notice upon the City Manager within ten (10) working
days after receipt of the reply in Step 2, or within ten (10) working days after the reply was
due, requesting a meeting. Said meeting shall be scheduled within ten (10) working days after
receipt of such request. The City Manager or, in his absence, his designee shall provide the
employee with a written disposition of the grievance within ten (10) working days after the meeting.
The City Manager's decision shall be final and binding, except in disciplinary and discrimination
cases as specified below.
Step 4: The employee may seek review by the Personnel Board of the
City Manager's decision in grievance matters by submitting a written request to the
Personnel Department within ten (10) working days from the date of the answer in Step 3. The
Personnel Board may grant an informal hearing and the Board's role in such matter is advisory
only, except that in disciplinary and discrimination cases, the Board shall grant a hearing and the
Board's decision shall be final and binding.
If an employee has complied with they -above steps and requested Personnel Board
review in a disciplinary appeal or discrimination allegation, the Board shall hold a hearing within
thirty (30) days of the request and take such action as it deems appropriate. It is agreed that
neither party shall attempt to'influence the Personnel Board prior to the hearing.
Upon conclusion of any investigation or hearing, the Personnel Board shall, within ten
(10) working days, notify the Human Resources Division in writing of its findings and
recommendations. A copy of such findings shall be transmitted to the affected employee.
All costs of representation resulting from this process shall be borne by the party incurring them.
No employee shall use City time, staff or materials in the pursuit of a grievance or in
response to a proposed or effected disciplinary action, unless he /she has obtained specific
authorization to do so.
A grievance or other appeal which is not brought or brought forward within the time
limit provided within each of the sections of this article shall be deemed to have been , waived
and settled, unless such time limit is expressly extended by mutual agreement. Time limits are set
forth above and may be extended by a mutual agreement between the parties, but neither party
shall be required to do so.
32
Any letter of reprimand that is not included as part of a current progressive discipline
matter will be removed from the file of an employee after twelve --(12) months, upon written
request from that employee to the Human Resources Department.
LAYOFF
The City may separate any employee or class of, positions without prejudice,
because of the financial or economic condition of the City, reduction of work or the necessity for
the position or employment no longer exists: The City shall give such employee not less than
thirty (30) days advance f notice of separation and the reason therefore. However, no
permanent full -time employee shall be separated while emergency, seasonal, probationary, part -
time or temporary employees are employed into the same positions according to the needs
of . the service as determined by the City.
The conditions of layoff shall be as follows:
1. PROMOTIONAL EXAMINATIONS. For purposes of layoff, all promotional
opportunities will be conducted prior to layoffs proceeding.
2. ORDER OF SEPARATION. The principal criterion used in determining the order
of separation and bumping right shall be seniority based on the total years of continuous full -
time service and any prior part-time service as calculated on a pro -rata basis with the City
provided the employee presently possesses the skill, ability and qualifications to perform the
job. Layoffs shall be in the reverse order as hired. That is, the employee in the affected job
class with the least total City service shall be laid off first.
Whenever seniority is equal, the following criteria shall be applied in the indicated order:
a. Ranking on eligibility list;
b. Performance Evaluations;
C. Drawing of lots
3. BUMPING RIGHTS. Any full -time employee who has been given notice of lay
off may displace _another employee' in the same job class with less, seniority in the same job
class, or bump to another class in which they formerly held a permanent appointment and there
is an employee with less seniority. It is understood that an employee seeking to bump into a
lower class shall first occupy any vacant position before displacing an existing employee.
After the City has notified the affected employee of the layoff and the position
available to the employee, if any, to bump, he /she must notify the Personnel Officer of his /her
intent to exercise the bumping rights within ten (10) calendar days of the position in the City
which they intend to bump, or the bumping rights shall be barred and waived to the
employee: The employee with the least seniority shall be displaced by the person who is laid
off.
33
The employee displaced shall be considered as laid off for the same reason as the
person who displaced him /her and shall in the same manner be eligible to bump to a position
within the City in which he /she formally held a permanent position.
4. APPOINTMENT OF LAID -OFF EMPLOYEES TO LOWER CLASS.
Any employee in a represented job class who is scheduled to be laid off due to lack of work,
lack of funds of elimination of position, may not later than ten (10) calendar days after notice of
layoff, request to displace ( "bump ") an employee in a lower job class within the job series
provided the laid off employee has greater overall City service seniority than the employee in
the lower job class and is qualified by education and /or experience for such a position. If
there is more than one employee who is qualified for such appointment(s), the "Bump" shall be
based on seniority with the employee with. the highest seniority offered the position first, then the
next highest, etc.
The City Manager shall approve the appointment of an employee who is to be laid off
to a lower class which the employee is qualified without requiring an examination within the job
series. An employee who has not previously served in the lower class may be required to
successfully complete the probationary period for the class.
If the employee(s) have the same seniority, then the procedure for breaking ties set
forth in this article shall apply.
The employee displaced as a result of being "bumped" shall be considered as laid off
for the same reasons as the person originally displaced and the same displacement rights shall
be afforded.
.5. SALARY PLACEMENT. An employee(s) who accepts an appointment to lower
job class as a result of a layoff and /or a displacement ( "bump ") shall be placed at the step of the
salary range which most closely corresponds to, but in no case exceeds, the salary step of the
previously held position.
6. IN ACCORDANCE WITH PERSONNEL RULES AND REGULATIONS RULE .
VIII SECTION 3. The names of probationary and permanent employees who have been laid
off shall be placed on appropriate re- employment lists in order of their seniority. Such names
shall remain thereon for a period of one year unless such persons are sooner re- employed.
When a re- employment list is to be used to fill vacancies, the Personnel Board shall
certify from the top of such list the number of names equal to the number of vacancies to be
filled, and the appointing authority shall appoint such persons to fill the vacancies. Such person
shall first be subject to a new physical examination and criminal history check, if legally
permissible, to determine if employee is able to perform the duties of the job or employment.
The names of any laid off employee appearing on an employment or promotional
list shall be removed by the Personnel Officer if that laid off employee requests in writing
that his /her name be removed, or if he /she fails to respond to a notice of certification
mailed to his /her last known address.
34
ARTICLE 40
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 MOU, all
matters resolved in memoranda of understanding for prior years, all resolutions of the City Council, and
all existing matters resolved regarding wages, hours, fringe benefits and conditions of
employment prior to Myers - Milias -Brown Act of 1968, will remain unchanged and unaltered except
where expressly changed or altered in this MOU.
ARTICLE 41
SAVINGS CLAUSE
Any resolution of the City incorporating any provisions of this MOU 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 MOU and the remainder of such resolution shall not be affected thereby and shall
remain in full force and effect. .
ARTICLE 42
PROMOTIONAL OPPORTUNITIES
Subject to the Personnel Rules and /or City Council approval of necessary modifications
to the Personnel Rules, City to complete an internal search for qualified candidates before
initiating an external search to recruit and fill full time classified service positions. The City will post
a notice of such open positions and provide employees the opportunity to apply prior to posting
for an external search. The parties agree to meet and confer through the Joint Labor
Management Committee to develop appropriate Personnel Policies and proposed Civil Service
Rule changes to effectuate this agreement.
ARTICLE 43
RENEGOTIATION
The parties shall use their best efforts to submit new proposals for a successor MOU by
April 2014 and shall begin negotiations by May 1, 2015.
The City and Association may agree to meet on an as- needed basis to improve
communications and address mutual concerns.
30, 2015.
ARTICLE 44
TFRM
This MOU shall cover all Unit members for the period from July 1, 2013 through June
35
In accordance with Government Code Section 3505.1, the parties have
jointly prepared and executed this MOU, which shall not be binding, and present it to the City
of Lynwood City Council for determination and recommended adoption.
For the City of Lynwood
BY
J. Arnoldo Beltran
City Manager
Dated: Q�
a, gee ainz, 1
Dir or of HR and Risk Management
Dated:
BY
David G rcia City Attorney
City Attorney
Dated:
::
For the Ly ood Employees' Association
BY
David Spears
President
Dated: I D d of /
_ r
Vice - President
Dated:
BY
Lee ax
AFSCME Representative
Dated: � �
EXHIBIT "A"
LIST OF REPRESENTED LEA POSITIONS
* = Confidential
Account Clerk Accounting
Technician Administrative Aide
Administrative Analyst
Administrative Assistant
Building Inspector
Building Maintenance Worker
Business License Specialist
Code Enforcement Officer
Custodian
Deputy City Clerk
Deputy City Treasurer Electrical
Maintenance Worker Executive
Assistant
Executive Assistant to the City Clerk
Executive Assistant to the Redevelopment Agency
Information System Technician
Laborer
Maintenance Worker Media
Specialist Office Assistant
Office Assistant II
*Office Assistant II (City Manager's Office)
Office Assistant III
Park Maintenance Lead Worker
Parking Control Officer
*Payroll Specialist
Permit Technician Planning
Assistant
Public Works Assistant
Public Works Inspector
Public Works Technician
Recreation Coordinator
Redevelopment Assistant
Right of Way Maintenance Lead Worker
Senior Housing Rehabilitation Specialist
Senior Public Works Inspector
Senior Street Maintenance Worker Senior
Water Service Worker Street Maintenance
Lead Worker Street Maintenance Worker
System Analyst
Utility Inspector
Utility Worker
37
Water Quality Specialist Water
Service Lead Worker Water Service
Worker Water Service Worker I I
Part Time Classifications
Administrative Intern
Cashier
Code Enforcement Officer
Customer Service Intern
General Office Worker
Graphic Arts Intern I Graphic
Arts Intern II
Information Systems Technician
Laborer
Lifeguard
Locker Attendant Maintenance
Worker Office Assistant II
Parking Control Officer
Recreation Leader
Recreation Specialist /Instructor
Senior Lifeguard
IN