HomeMy Public PortalAbout2015.140 (08-18-15)RESOLUTION NO. 2015.140
• RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING
• COMPREHENSIVE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN
THE CITY AND THE LYNWOOD EMPLOYEES' MANAGEMENT GROUP (LEMG)
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 Lynwood Employees' Management Group (LEMG) expired on
June 30, 2015; and
WHEREAS, collective bargaining was conducted in good faith between the City
and Lynwood Employees' Management Group (LEMG) 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 Lynwood Employees' Management Group (LEMG), 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 18th day of August, 2015.
Josj'Luis Solache, Mayor
ATTEST:
r—
aria Quinonez, City Clerk
APPROVED AS TO FORM:
Da i A. Garcia, City Attorney
APPROVED AS TO CONTENT:
J. Arnolgp Beltran, City Manager
Management
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 18th day of August, 2015.
AYES: COUNCIL MEMBERS ALATORRE,
SANTILLAN -BEAS AND SOLACHE
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
aria -Quinonez, 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. 2015.140 on file in my office and that said Resolution was adopted on
the date and by the vote therein stated. Dated this 18th day of August, 2015.
a Fix M."
e - Clerk
COMPREHENSIVE
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF LYNWOOD AND
THE LYNWOOD EMPLOYEES MANAGEMENT GROUP
July 1, 2015 — June 30, 2016
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Table of Contents
ARTICLE 1 IMPLEMENTATION ........................................ ............................... 1
ARTICLE 2 EMPLOYEE RECOGNITION .......................... ............................... 1
ARTICLE 3 CITY RIGHTS ................................................. ............................... 4
ARTICLE 4 ASSOCIATION RIGHTS ................................. ............................... 4
ARTICLE 5 STEP INCREASES ......................................... ............................... 5
ARTICLE 6 SALARIES/WAGES /DUES DEDUCTIONS .... ............................... 6
ARTICLE 7 EXECUTIVE LEAVE ....................................... ............................... 8
ARTICLE 8 AUTO ALLOWANCES .................................... ............................... 9
ARTICLE 9 BILINGUAL PAY ............................................. ............................... 9
ARTICLE 10 PROJECT COORDINATOR PAY ................. ............................... 9
ARTICLE 11 TOOL ALLOWANCE ...................................... .............................10
ARTICLE 12 UNIFORM AND CLOTHING ALLOWANCE ... .............................10
ARTICLE 13 MILEAGE REIMBURSEMENT ....................... .............................10
ARTICLE 14 EDUCATION INCENTIVE PAY/TUITION REIMBURSEMENT ...11
ARTICLE 15 LONGEVITY PROGRAM ............................... .............................12
ARTICLE 16 EMPLOYEE'S INSURANCE COVERAGE ..... .............................13
ARTICLE 17 SICK LEAVE POLICY .................................... .............................15
ARTICLE18 HOLIDAYS .......... ............................................ .............................16
ARTICLE 19 ACTING SUPERVISORY COMPENSATION . .............................18
ARTICLE 20 RETIREMENT POLICY .................................. .............................19
ARTICLE 21 LEAVE BENEFIT ACCRUAL RATES ............. .............................19
ARTICLE 22 NON - DISCRIMINATION ................................ .............................20
ARTICLE 23 ANNUAL VACATION LEAVE ......................... .............................20
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- ' ARTICLE 24 MILITARY LEAVE
ARTICLE 25 FAMILY CARE AND MEDICAL LEAVE POLICY ........................22
ARTICLE26 HOURS OF WORK ........................................ .............................29
ARTICLE 27 ATTENDANCE ................. ................29
ARTICLE 28 GRIEVANCE AND .DISCIPLINARY APPEAL PROCEDURE ......29
ARTICLE 29 BEREAVEMENT LEAVE ................................ .............................32
ARTICLE 30 EMERGENCY LEAVE .................................... .............................32
ARTICLE31 JURY DUTY ................................................... .............................32
ARTICLE 32 SERVICE DISABILITY ................................... .............................32
ARTICLE33 NO STRIKE .................................................... .............................34
ARTICLE 34 FULL FAITH AND CREDIT CLAUSE ............. .............................34
ARTICLE 35 SAVINGS CLAUSE ........................................ .............................35
ARTICLE 36 AUTHORIZED AGENTS ................................ .............................35
ARTICLE 37 LAYOFF .............:.............
ARTICLE 38 LEAVE OF ABSENCE .................................... .............................37
ARTICLE 39 FULL UNDERSTANDING, MODIFICATIONS WAIVER ..............38
ARTICLE 40 RENEGOTIATION .......................................... .............................38
ARTICLE 41 TERM ............................................................. .............................38
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ARTICLE 1
IMPLEMENTATION
The wages, hours, and other terms and conditions of employment set forth in this
Memorandum of Understanding ( "MOU ") have been discussed and jointly
proposed by and between the City of Lynwood ( "City "), by and through the City's
Municipal Employee Relations Officer, and representatives of the Lynwood
Employees Management Group (hereinafter "Group "), and shall apply to all
employees of the City working in the classifications as set forth herein. The
wages, hours, and other terms and conditions. of employment set forth in this
MOU have been discussed in good faith between the City and Group, and the
Municipal Employee Relations Officer agrees to recommend to the Lynwood - City— =-
Council that all of the wages, hours, and other terms and conditions of
employment as set forth herein be incorporated in full in a resolution of the City
Council or, where appropriate, in a policy statement. Upon the adoption of such a
resolution and /or policy statement, all wages, hours, and other terms and
conditions of employment set forth in this MOU so incorporated, shall become
effective as provided without any further action by either party.
ARTICLE 2
EMPLOYEE RECOGNITION
A. The City hereby continues to recognize the Lynwood Employee
Management Group ( "Group ") as the recognized employee organization for
all professional and management positions to the fullest extent allowable
under California law applying to public employees and as further defined in
Resolution No. 2002.103, adopted by the Lynwood City Council on July 16,
2002. The Group is the recognized bargaining agent for the management
and professional employee unit ( "Unit ").
B. The Meyers - Milias -Brown Act ( "MMBA ") does not define either
"confidential" or "management" employee, and Government Code section
3507.5 authorizes each local agency to adopt procedures for determining
which of its employees will be designated confidential or managerial. The
MMBA, however, does not exclude management and confidential
employees from the definition of employees entitled to the organizational
and representation rights of the Act. Resolution No. 2002.103 defines a
"confidential employee" as "an employee who, in the course of his or her
duties, has access to information relating to the City's administration of
employer - employee relations. It defines a "management supervisory
employee" as "an employee having responsibility for formulating,
administering, or managing the implementation of City policies or
programs." While employees designated as "confidential" employees may
be represented by the Group, the parties acknowledge and agree that such
designated employees may not represent the Group or the Unit, participate
in the bargaining process, or share any confidential information in
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connection with labor relations that would undermine the respective roles of
each party in the bargaining process..
C. It is acknowledged and agreed that the following positions' are expressly
excluded from the management and professional employee unit and
from representation by the Group and from coverage under this MOU:
All elected officials, the City Manager, the Assistant City Manager,; all "At-
Will" Department Directors, the Assistant to the City Manager, and the
Senior Human Resources Analyst.
D. It is acknowledged and agreed that the following positions are within the
represented Unit but shall be designated as "confidential ":
Administrative Analyst II (Finance); Administrative -Analyst- 1-1- Finance ,
Accounting & Auditing Supervisor, Director of Development Services,
Director of Recreation and Community Services, Finance Manager
(formerly Deputy Director of Finance), Financial Analyst, Information
Systems Manager, Information Systems Analyst, Personnel Analyst Il,
Personnel Analyst III, Purchasing Manager, and Senior Internal Auditor.
E. It is acknowledged and agreed that the positions listed below are expressly
covered by this MOU. Any and all future management and /or professional
positions below the level of Director created during the term of this MOU
shall be added to the list below and considered part of the management
and professional employee unit represented by the Group in accordance
with the express provisions of Resolution No. 2002.103 governing the
creation of new job positions and /or classifications.
LIST OF REPRESENTED MANAGEMENT AND PROFESSIONAL POSITIONS
* = Confidential
+ =Management Employee - -
* Accounting and Auditing Supervisor
* Administrative Analyst li
* Administrative Analyst III
Billing and Collections Supervisor -- - - - -
Capital Improvement Projects Manager
Code Enforcement Manager
Community Development Associate
Deputy Director of Administrative Services
Deputy Director of Recreation and Community Services
Development Services Manager
* + Director of Development Services
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* + Director of Recreation and CommunityiServices
Electrical Maintenance Supervisor -
Events Coordinator ;
• Financial Analyst
• Finance Manager
* Information Systems Manager
Parking Control Manager
Park Superintendent
*.Personnel Analyst 11
* Personnel Analyst III
Planning Associate
Public Works Associate
Public Works Special Projects Manager
Recreation Facility and Program Supervisor
Recreation Superintendent II
* Risk Analyst
Senior Administrative Analyst
Senior Public Works Manager
Senior and Social - Services Manager (Special Projects Manager)
Street Maintenance Supervisor
Senior Planner
Utility Services Manager
The City shall leave the following four (4) positions vacant and unfilled until
January 1, 2016:
1. Accounting and Auditing Supervisor
2. Risk Analyst
3. Park Superintendent
4. Recreation Facility and Program Supervisor
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ARTICLE 3
CITY RIGHTS
A. 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 right 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.
B. In case of emergency, the City retains its right to amend, modify, or rescind
provisions of this MOU. Such amendment, modification, or rescission shall
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.
ARTICLE 4
ASSOCIATION RIGHTS
The Group has the right to conduct Group business as follows:
A. The right to use City facilities to hold official scheduled meetings regarding
Group business and the right to use City equipment, including telephones
and photocopiers for reasonable Group purposes in an amount not to
exceed $50.00 per month. If the amount exceeds the $50.00 limit, then the
Group shall reimburse the City for such costs, including copy charges of
3 cents and 5 cents per page for letter or legal size copies, respectively,
and 8 cents and 95 cents for color copies of same. Reasonable Group
purposes and /or business shall not include - ' administr-atiVe claims or - -' - --
proceedings, civil proceedings, political activities, campaigning, or any
decertification or representation disputes with any other employee
organization.
B. The right to post information concerning elections, benefits, notices,
reports, programs, and promotions. (Bulletin Board).
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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 Group to new employees, and 15 minutes will be set aside
for the employee to neet with a representative of,the Group during the in-
processing orientation. Any additional meetings between new hires and
Group 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- interfdF fhTde1:4ftmdadr per_ations-- --�=��
and is in the course of grievance resolution. The Group 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 Group to the Human Resources Director and the
Steward's Departmental Director.
F. The Group shall be allowed the use of the City's intranet for purposes of
Group related communications.
G. The Group 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, Group represented employees
shall be released from work in order to attend.
. ARTICLE 5
STEP INCREASES
Employees are eligible for a., step increase -upon successful= cdmpletfon of
probation and thereafter will be considered on the basis of merit after intervals of
one (1) year.
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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 after the Step D increase
Section 2. Employees hired or promoted to~ -any -step above Step A shall
receive the next step at the successful completion of the probationary period.
Other increases within the range shall be followed in the method described in
Section 1.
Section 3. New employees, as well as current employees accepting another
position within the bargaining Unit, shall be appointed at the first step of the salary
range to which their class is assigned, except that 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 /her recommendation to the City Manager
in such form, together with such information as the City Manager may require.
The provisions of this Article do not apply to those hired or employed on a part -
time basis.
ARTICLE 6
SALARIESMAGES/DUES DEDUCTIONS
Section 1. Salary Adjustments. Except as provided by other Articles set forth in
this MOU, the parties agree that there will be no salary adjustments or cost of
living adjustments provided to employees covered by this-NfOU d'urmg the stated
term of this 2015 -2016 MOU.
Section 2. Mandatory Direct Deposit. All Group represented employees shall
be on electronic direct payroll deposit.
Section 3. Dues Deduction. The City agrees to allow voluntary Group dues
deduction from each Group member's first and second paycheck of each month
and remit to the Group all such monies as are authorized in writing by the
employees using dues deduction authorization forms similar to those already in
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place for other employee organizations in the City or as otherwise mutually
negotiated. The Group 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 this provision or the obligations hereunder. The City reserves
the right to- select its own counsel for its defense hereunder at the Group's
expense.
Section 4. Agency Shop Agreement. The City and the Group have negotiated
an agency shop agreement for all Group represented non - management
employees pursuant to Government Code Section 3502.5 as follows:
- A. As used in this MOU, "_agency shop " -- means --an arrangement- that - - - - -
- requires an employee, as a - condition of- continued employment,
either to join the Group as the recognized employee organization or
to pay the Group a service fee in an amount not- to exceed the--- - - - —
standard initiation fee, periodic dues, and general assessments of
the Group.
B. 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 the Group as a condition of
employment. The employee may 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. 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 Group.
C. The Group 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 the federal Labor -
Management Reporting and Disclosure Act of 1959 (29 U.S.C.
§ 401 et seq.) covering employees governed by this chapter, or
required to file financial reports under Government Code Section
3546.5, may satisfy the financial reporting requirement of this
section by providing the City with a copy of the financial reports.
D. The City agrees to have agency shop dues deducted from each
Group member's first and second paycheck of each month and remit
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to the Group all; such monies- as are authorized in writing- by-the
employees using: dues deduction authorization forms similar to those
already in place -for other employee organizations in the City or as
otherwise mutually negotiated.
E. The Group 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
Group's expense.
ARTICLE 7
EXECUTIVE LEAVE
It is agreed that management employees who are assigned to regularly attend
City Council, Commission, or Board meetings shall be granted ninety (90) hours
Executive Leave annually. All other management staff shall receive seventy
(70) hours annually.
Except as expressly limited herein, executive leave may be taken at any time after
the first of the calendar year with the approval of the employee's Department
Head and /or the City Manager. Executive Leave may not be accrued beyond the
present calendar year. Unused Executive Leave at the end of a calendar year
(December 31) or upon leaving employment will be lost. Any overuse of
Executive Leave shall be repaid in full to the City upon termination of City
employment.
A Personnel Status Report form will be required for approval of the ninety (90)
hours of Executive Leave.
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ARTICLE 8
AUTO ALLOWANCES
Automobile allowances are provided either at $500.00 or $300.00 per month as
determined by the City Manager. Employees who drive on the job and do not
I receive an auto allowance shall instead receive mileage reimbursement, per
Internal Revenue Service standard (currently 5615 cents per mile) for the duration
of this MOU.
ARTICLE 9
BILINGUAL PAY
The City Manager may grant compensation to full -time employees who have
passed their initial probationary period for using bilingual skills in the course of
— - work, provided that such employees use bilingual skills -at least twenty percent
(20 %) of their 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 their Department Head
to the City Manager.
Those employees approved by the City Manager for bilingual pay shall be
required to pass a language proficiency examination.
Bilingual pay shall be one hundred twenty -five dollars ($125.00) per month paid
on a biweekly basis, effective the first full pay period after the first of the month
following the submission of a Personnel Status Report form with proper approval.
ARTICLE 10
PROJECT COORDINATOR -PAY
Upon recommendation of the respective Department Head, eligibility verification
by the Human Resources Director, ..and approval by the City Manager,
employees are eligible for Project Coordinator Pay in increments of one hundred
dollars ($100.00) up to a maximum of five hundred dollars ($500.00) per month.
Project Coordinator Pay is intended for performing duties on a project basis
- - outside an employee's job classification - and -is- limited- .to- a- twel- ve -(1 -2 )-month -- -- =
(one 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. _
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ARTICLE 11
TOOL ALLOWANCE
The Equipment Repair Supervisor shall receive an allowance for furnishing and
using his /her own tools. The allowance is payable annually in June through
payroll. The amount of payment will be .calculated at the rate of forty dollars
($40.00) per full month of employment during the previous twelve (12) month
period. If the employee leaves City service prior to the June payment date, the
amount of tool allowance payment will be as accrued with appropriate
documentation initiated by the department prior to termination of City employment.
ARTICLE 12 - - -- - -- -- - - - - -- --
UNIFORM AND CLOTHING ALLOWANCE
- - The City will furnish Public Works Department management employees; whose - - -- --
duties require wearing uniforms, three (3) uniform changes per week plus one (1)
additional laundered shirt per week.
Effective the first payday in December of 2004, position titles identified below that
are required to wear OSHA safety boots /shoes shall receive seventy -five dollars
($75.00) as a uniform allowance annually:
• Building Maintenance Supervisor
• Park Superintendent
• Street Maintenance Supervisor
• Equipment Repair Supervisor
• Building and Safety Manager
• Electrical Maintenance Supervisor
The allowance is taxable and will be included within the employee's paycheck.
ARTICLE 13
MILEAGE REIMBURSEMENT
With the approval of the employee's Department Head and the City Manager, the
City will reimburse those management employees who do not receive an Auto
Allowance and who are required to use their personal vehicles for the purpose of
conducting City business at the rate contained in the current Internal Revenue
Service code book (currently 56.5 cents per mile). Employees receiving monthly
automobile allowances are not eligible for mileage reimbursement.
Employees must document the date, destination, and beginning and ending
odometer reading from their vehicles. in supporting the request. Said information
must be logged on a Mileage Claim Form when requesting payment.
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ARTICLE 14
EDUCATION INCENTIVE PAY/TUITION REIMBURSEMENT
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 pay, over
and above established pay schedules, is hereby established.
Section 1. Education Incentive Pay
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 also - - -
compensated at one dollar ($1.00) per month. 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 incentive pay.
Accredited schools are herein defined as accredited colleges, junior colleges,
universities or other schools providing college credits that are accredited by
nationally recognized accrediting agencies, as determined by the U.S. Secretary
of Education.
Suitable written certification from the school or granting agency showing
satisfactory completion of each course or program shall be submitted to Human
Resources for 'inclusion in employee personnel records. Education incentive pay
shall commence during the first full pay period in the month following the
submission of written certification.
Bachelor's /Master's Degree Pay
Certain positions within the Group do not require degrees of higher education.
The City may pay employees one hundred fifty dollars ($150.00) per month who
have graduated and received a bachelor of arts or bachelor of science degree
from an accredited college or university, or the City will pay employees two
hundred dollars ($200.00) per month who obtain a master's degree from an
accredited college or university
Compensation under this section only applies to those employees whose
positions do not require a bachelor's or master's degree as set forth in the City's
official job description(s). In order to qualify for compensation under this section,
employees must submit a request for compensation, submit proof of the degree
obtained, and receive approval by the City Manager.
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Section 2. Tuition Reimbursement Program
The City will contribute one hundred percent (100 %) of the cost of tuition fees for
such courses, up to one thousand five hundred dollars ($1,500.00) per semester
or. quarter course, while the employee is accruing the one hundred fifty dollars
($150.00) per month maximum education incentive pay (as described above).
The maximum City contribution to the cost of tuition and books is three thousand
dollars ($3,000.00) annually per employee. Tuition Reimbursement Program
guidelines are available through the Human Resources Division.
The provisions of this section do not apply to employees undertaking an approved
course during a regular workday or assigned shift.
Section 3. Certificate Pay Program
The City will pay up to three hundred dollars ($300.00) per month Certificate
Incentive Pay upon certification as a Certified Energy Manager or Leadership in
Environment and Energy Design (LEED). An employee covered by this MOU may
not receive Certificate Incentive Pay for more than one of these certificates at a
time.
The City has. eliminated the Certified Green Building Professional (CGBP)
Certificate Pay and Corresponding Pay of $300.00 per month unless 1)
employees can individually demonstrate that the certificate is necessary to the
performance of their duties, and 2) the City Manager agrees to the continuation of
this previously contracted benefit for that employee.
ARTICLE 15
LONGEVITY PROGRAM
Section 1. Effective 7 -1 -88, longevity pay was adopted as follows:
One percent (1 %) of base salary at the end of seven (7) years of service; an
additional one percent (1%) of base salary at the end of twelve (12) years of
service; and an additional one percent (1%) of base salary at the end of
seventeen (17) years of service; and an additional three hundred dollars
($300.00) annually paid on a biweekly payroll basis after completion of twenty -five
(25) years of service.
Section 2. Effective 1 -1 -89, longevity pay was modified as follows:
The same as above with deleting three hundred dollar ($300.00) annually paid for
twenty -five (25) years of service and inserting two percent (2 %) of base salary at
twenty -two (22) years of service.
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The additional percent(s) to base salary shall be paid on normally; assigned
positions and not temporary or special assignments.
ARTICLE 16
EMPLOYEE'S INSURANCE COVERAGE
Health
Effective January 1, 2009, the City shall contribute toward any CalPERS health
insurance plan selected. by full time Group represented employees, up to the
CaIPERS established Kaiser -Los Angeles County family rate. The employee
must pay any remaining premium for dependent coverage through payroll
deduction.
For employees hired on or after January 1, 2012, the City "capped" City paid
health insurance at the Kaiser Family, Los Angeles Region, coverage rate of
$1128.40. Note: This meant that employees are responsible for paying the
difference for calendar year 2012 and beyond on any increases to health
insurance beyond the capped amount.
With verifiable proof of non -City health benefits coverage as determined by the
Human Resources 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 ($500.00) per month,
whichever is less.
Effective March 2005, the City will reimburse eligible employees up to a maximum
of one hundred twenty dollars ($120.00) for health plan co- payments incurred in
the previous calendar year with proper documentation. In the event an employee
incurs co- payment costs that exceed the agreed reimbursable amount of one
hundred twenty dollars ($120.00) in a given year, the employee may carry over
the non - reimbursable amounts for subsequent payment up to three (3) years with
proper documentation.
The City thereafter eliminated co -pay reimbursements for those employees hired
on or after January 1, 2012.
Employees hired on or after January 1, 2012, are not eligible for City paid health,
dental, vision or life insurance coverage upon retirement.
Dental
For full time employees hired before January 1, 2009, the City will continue to
contribute up to one hundred percent (100 %) of the established family rate for
dental insurance selected by that employee. For full time employees hired on or
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after January 1, 2009, the City shall contribute up to eighty percent (80 %) of the
established family rate for dental insurance selected by that employee.
In March of each year of the MOU, the City will reimburse the employee for dental
plan deductibles incurred in the previous calendar year. Effective November 1,
1999, the City shall enhance the current dental benefits to include a retirement
benefit for employees who retire from active City service with at least five years
tenure with the City. Verification of Ca1PERS retirement application will be
required.
Life
Effective July 1, 2002, the City shall pay a life insurance premium for all full -time
Group represented employees in the amount of fifty thousand dollars ($50,000.00)
with the full cost of the premium paid by the City, inclusive of a retirement benefit
as outlined for dental insurance.
Vision
For full -time employees hired before January 1, 2009, the City will continue to
contribute up to one hundred percent (100 %) of the established family rate for
vision insurance selected by that employee. For full -time employees hired on or
after January 1, 2009, the City shall contribute up to eighty percent (80 %) of the
established family rate for vision insurance selected by that employee. The City
shall continue to include a retirement benefit for employees who retire from active
City service with at least five years tenure with the City. Verification of CalPERS
retirement application will be required.
Effective March 2005, the City will reimburse employees up to a maximum of thirty
dollars ($30.00) per eligible dependent/employee for vision plan co- payments
incurred in the previous calendar year with proper documentation. In the event an
employee incurs co- payment costs that exceed the agreed reimbursable amount
of thirty dollars ($30.00) per eligible dependent/employee in a given year, the
employee may carryover the non - reimbursable amounts for subsequent payment
up to three (3) years with proper documentation.
The City shall provide a flexible benefits plan in accordance with Internal Revenue
Code Section 125.
The City shall maintain its Employee Assistance Program (EAP) with the full
insurance premium incurred by the City.
Effective January 1, 1999, the City shall implement the State Disability Insurance
Program with the full cost of such plan to be paid by the City.
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ARTICLE -17 - - — - -
SICK LEAVE POLICY
Sick leave with pay shall be granted by the City Manager and /or his /her designee
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 /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.
In order to receive compensation while absent on sick leave, the employee shall
notify his /her immediate supervisor prior to—or- within- two -(2)- hours -after -the- time - - - --
set for beginning duty, unless notification is physically impractical. A physician's
certificate or personal statement will be submitted for absences of three (3) days
or more. The City may require a physician's certificate and release to return to
work whenever there is reasonable cause to believe that there has been an abuse
of sick leave or when there is reasonable doubt as to the employee's ability to
perform his /her duties satisfactorily and safely. The City maintains the right -to
discipline any employee for excessive absenteeism.
Effective January 1, 2000, the City implemented AB 109, Labor Code
Section 233, as required by law. An employee shall be allowed to use in any
calendar year 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. All
conditions and restrictions placed by the City upon the use by an employee of sick
leave shall also apply to the use by an employee of sick leave to attend to an
illness of his or her child, parent, spouse, or a registered domestic partner.
This section does not 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 Family and Medical Leave Act of 1993, regardless of whether the
employee receives sick leave compensation during that leave.
There shall be a sick leave pay off program. This program uses a sick leave limit
of ninety -six (96) work days and the frozen= amounT;Af -- applicable; which- consists-
of sick leave hours earned in excess of ninety -six (96) work days prior to
July 1, 1974, and retained and frozen as of that date. The method of
compensation shall be on a straight time pay basis at the rate of pay in effect at
the time of pay off. The pay off program has three elements: retirement,
resignation or termination, and annual compensation.
For purpose - of the pay off program retirements are limited solely to regular
service (non - disability) retirements. Upon regular service (non - disability)
retirement employees shall receive fifty percent (50 %) compensation for unused
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sick leave hours up to the maximum of the ninety =six (96) workdays. -Fifty percent
(50 %) compensation shall also be received for the sick leave ho.urs frozen as of
June 30, 1974.
For purpose of the payoff program resignations and terminations shall exclude
terminations for cause !and retirements. Upon resignation or termination as
specified . herein and only after ten (10) years of continuous City service,
employees shall be compensated for one - quarter (1/4) of their unused sick leave
hours up to the maximum of ninety -six (96) work days. Twenty -five percent (25 %)
compensation shall also be received for the sick leave hours frozen as of June 30,
1974.
The annual compensation element of the -sick leave -pay off program is provided
as follows: Fifty percent (50 %) of the sick leave earned beyond ninety -six (96)
work days or the frozen amount shall be annually compensated 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 the ninety -six (96) workday maximum or frozen
amount shall be. used prior to the earlier earned sick leave.
Transfer of Leave Credits
Upon official request by an employee experiencing a catastrophic illness /injury or
event, the employee's department director, or the Group on behalf of the
employee, the City Manager or his /her designee may allow individual employees
the opportunity to transfer accrued vacation or compensatory time to another
employee who has experienced a catastrophic event.
All conditions for this transfer shall be in compliance with the City's Transfer of
Leave (Catastrophic Leave) Policy.
ARTICLE 18
HOLIDAYS
Section 1. The City and Group agree to incorporate into this MOU the
elimination of specified holidays and have - floating- holidays_ replace them. The
holidays to be eliminated are: Washington's Birthday, Lincoln's Birthday,
Columbus Day, Admission Day, and Veteran's Day.
a) The total number of floating holidays is five (5), with all floating
holidays available at the beginning of the calendar year. All floating holidays to be
taken off are subject to operational and scheduling factors and must be approved
by the employee's supervisor.
b) Subject to (c) below, no floating holidays will be available until
the successful completion of the original probationary period. At that time, such
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employees will be credited with a pro rata portion -of the aforesaid five (5) floating- - -
holidays based upon the time remaining in the initial calendar year of
employment, but in no case less than one day.
c) No floating holiday may be carried over to another calendar year.
d) The availability of five (5) floating holidays on January 1 of each
year (in the case of a permanent employee) and of a pro rata portion thereof upon
successful completion of the probationary period (in the case of new employees)
is based upon the assumption that the employee will successfully complete
employment with the City for the calendar year in question. If an employee fails to
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 fulltime 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 workweek, then
the accrual rate will reflect such change.
Section 2. 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.
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)
workweek will be paid for those holidays falling-- on - -a7- Friday This - -- provision -is == - -. - - --
made with the understanding that the accrual rates for floating and personal leave
time (Article 21) 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, 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
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requests must be submitted to the City manager no later than November 1 to be - -- -
considered.
The City agrees that if the City closes on the days between Christmas and New
Year's Day during Fiscal Years 2013 -2014 or 2014 -2015, employees covered by
this MOU shall not lose any pay during this.per-iod..__ -__
Section 3. Personal Leave Day may be taken on any day of the employee's
choosing, subject to operational and scheduling factors and approval by the
employee's supervisor. 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-.--- —
Effective January 1, 2013, the Personal Leave time available will be twenty (20)
hours for employees working the 4/10 schedule and sixteen -- (1 -6)- hours for- - -
employees working the 5/8 schedule.
ARTICLE 19
ACTING SUPERVISORY COMPENSATION
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 as a supervisory position becomes vacant, 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) _o.r- 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, as in the case of the vacant position,
the position is filled or the designated employee meets the temporary appointment
requirements. Acting compensation is at the-- step -- Late- irt= th"upervisory -= position-- - -- - -- —
range which exceeds but is closest to the employee's current rate of pay in the
permanent position or two hundred fifty dollars ($250.00) per month, whichever is
less.
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ARTICLE 20
RETIREMENT POLICY
For employees hired prior to:January 1, 2013, and for those employees hired after
that date but determined by:the California Public Employees Retirement System
- - ( "CaIPERS ") to be "classic, members" as.- .defined -by CaIPERS, -the_ City- will._
continue to provide employees a pension through the CaIPERS system commonly
known as the "3% @60" formula. For new employees that are non - classic
members, the City will provide a pension through CaIPERS using the "2% @ 62"
formula, pursuant to the California Public Employees' Pension Reform Act of 2012
( "PEPRA ").
Employees hired prior to January 1, 2013 and classic members shall continue to
pay up to eight percent (8 %) for any CaIPERS member contribution under the 3%
- @ 60 formula, unless directed to pay a higher- - percentage- -by -law or a- mandate -
directly from CaIPERS.
New, non - classic members shall pay 100% for any CaIPERS member contribution
under the 2% @ 62 formula pursuant to PEPRA.
The City does not elect to pay any part of employee member contributions known
informally as Employer Paid Member Contributions (EPMC) as allowed under
Government Code Section 20691 pursuant to agreement reached between the
parties in 2012.
Retirement compensation for employees hired prior to January 1, 2013 and
classic members shall be computed on the employee's one (1) year's highest
earnings.
Retirement compensation for non - classic members shall be computed on the
employee's three (3) highest years of service.
ARTICLE 21
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 (160126) = 6.15 hours /pay period
SICK LEAVE 96 hours /year (96/26) = 3.69 hours /pay period
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FLOATING - - - - - -
HOLIDAYS 50 hours /year (50/26) = 1.923 hours /pay - period
(5/8 work schedule; see below) -
PERSONAL LEAVE 10 hours /year Credited January 1 annually (4110)
- --- -- _ 8 , 19 (5/8)
Effective January 1, 2013:
4/10 Floating Holiday 50 hours
Personal Leave 20 hours
5/8 Floating Holiday- 40 hours- - - - -
Personal Leave 16 hours
ARTICLE 22
NON - DISCRIMINATION
It is agreed that neither the City nor the Group 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, gender expression, age, sexual orientation of
any person, employee organization 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 23
ANNUAL VACATION LEAVE
The purpose of annual vacation leave is to enable each eligible employee
annually to return to work mentally refreshed. All full time employees in the
classified service shall be entitled to annual vacation leave with pay. Employees
not eligible for vacation leave with pay are:
-- - - - - 'I) Employees still serving their original - probationary -- period- ih-the. services --of--- _ -- _ = - - - -- the City; however, vacation credits for the time shall be granted to each such
employee who later received a permanent appointment.
2) Employees who work on an intermittent or seasonal basis and all part -time
employees.
All eligible employees in the first through seventh year of continuous service shall
earn vacation credit at the rate of eighty (80) hours per year. Beginning with the
eighth year and through the fourteenth year of continuous service employees shall
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earn vacation credit at the rate of one hundred twenty (120) hours per year.
Beginning with the fifteenth year of continuous service and thereafter employees
shall earn vacation credit at the rate of one hundred sixty (160) hours 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 his /her full .annual
vacation leave. After six (6) months of continuous service, the employee may be
permitted to take vacation leave not to exceed forty (40) hours. 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 or City
Manager. The -times during a calendar year at which an employee may take
his /her vacation shall be determined by the Department Head with due regard to
the wishes of the employee and particular regard for the needs of the service.
Vacation Cap
Effective January 1, 2009, 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. Upon reaching the
maximum allowed accumulation, future vacation hours shall not be earned unless
or until vacation usage or cash out causes the employee's accrual to fall below
the maximum limit set forth in this MOU.
Further, any employee who was over the 640 hours cap as of January 1, 2012
ceased accruing vacation hours until such time as the individual employee's
accrued vacation was less than 640 hours. Upon reaching the maximum allowed
accumulation, future vacation hours shall not be earned unless or until vacation
usage or cash out causes the employee's accrual to fall below the maximum limit
set forth in this MOU.
At the City's election, the City may allow an affected employee over the six
hundred forty (640) hour cap as of January 1, 2012 additional buybacks of
vacation time, upon the affected employee's request and with the consent of the
City Manager, until that employee's total accrued hours fall below the six hundred
forty (640) hour cap.
In the event one or more municipal holidays fail within an annual vacation leave,
such holidays shall not be charged as vacation leave, and the vacation leave shall
be extended accordingly.
Employees who terminate employment shall be paid in a lump sum for all accrued
vacation leave upon termination of employment.
Effective January 1, 2012, employees represented by the Group may be paid for
up to one hundred (100) hours per annum for compensable time. Sick time is
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13300661.1
excluded from this provision. - 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.
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 one hundred (100) hours per calendar year.
c. Payment request shall be submitted to the City Manager or his /her
designee no later the Vt Thursday in November in order to be considered -
for payment. A form is available in the Human Resources Division.
d. Such annual payment shall be included in the check for the first pay period
ending in December provided the funds are available.
The above referenced program permitting payment for up to one hundred (100)
hours per annum for compensable time shall be suspended from July 1, 2015
through June 30, 2016.
ARTICLE 24
MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of federal and
state law.
ARTICLE 25
FAMILY CARE AND MEDICAL LEAVE POLICY
I. STATEMENT OF POLICY
In addition to other leaves available under the 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 State of California Family Rights Act ( "CFRA "),
and Paid Family Care Leave ( "PFCL ").
An individual who is entitled to leave under the FMLA and the CFRA must take
Family Temporary Disability Insurance leave concurrent with leave taken under
the FMLA and the CFRA.
II. DEFINITIONS
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In implementing this policy, the following. definitions will apply:
A. "12 -Month Period" means a rolling twelve (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
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
California 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 therefrom); 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.
III. REASONS FOR LEAVE
Leave is only permitted for the following reasons:
1. The birth of a child or to care for a newborn of an employee or the
employee's domestic partner;
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2. 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;
3. Leave to care for a child of the. employee, spouse, or domestic partner who
has a serious health condition;
4. Leave because of a serious health condition that makes the employee
unable to perform the functions of his /her position; or
5. Leave to care for a parent, spouse, or domestic partner who has a serious
health condition.
IV. EMPLOYEES ELIGIBLE FOR LEAVE (Not applicable to PFCL)
An employee is eligible for leave if the employee:
1. Has been employed for at least twelve (12) months; and
2. Has been employed for at least one thousand two hundred fifty (1,250)
hours during the twelve (12) month period immediately preceding the
commencement of the leave.
V. AMOUNT OF LEAVE
Eligible employees are entitled to a total of twelve (12) workweeks of leave during
any twelve (12) month period.
A female employee has a reasonable leave of absence of up to four (4) months
whenever she becomes disabled as a result of pregnancy, childbirth, or related
medical conditions. -
Four (4) 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 (4) 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 38 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.
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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 (1) year of
the birth or placement of the child. In add itiori - , the_ basic - inimum -dur-atior - of-such_ -
leave is two (2) weeks. However, an employee is entitled to leave for one of these
purposes (e.g., bonding with a newborn) for at least one (1) day, but -less than two:- _
(2) weeks duration on any two (2) 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 domestic partners or spouses are both employed by the City
and both are entitled to leave, the aggregate number of workweeks of leave to
which both may be entitled may be limited to twelve (12) workweeks during any
twelve (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.
VI. 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. cove rage by-
payroll deductions or direct payments made to these plans. Depending on the"'
particular plan the City will inform employees whether the premiums should be
paid to the carrier or to the City. An employee's coverage on a particular plan may
be dropped if he /she is more than thirty (30) days late in making a premium
payment. However, employees will receive a_- notice- at- -least fifteen_ -N5) days
before coverage is to cease, advising that coverage will be dropped if' the
employee's 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,
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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.). - - - - -
VII. SUBSTITUTION OF PAID ACCRUED - LEAVES
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
leave and Paid Family Leave, and may also require an employee to use FMLA
leave concurrently with anon- FMLA/CFRA leave which is FMLA/CFRA- qualifying.
A. Employer's Right to Require An 'Employee- to Use -Paid Accrued -
Leaves Concurrently With Family Leave
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. r 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.
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 (2)
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 ogre {'t)`week-shall be- applied -- _-
to any applicable waiting period for receipt of family temporary disability insurance
benefits.
VIII. 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.
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If the leave ;is requested because of the employee's own serious health condition,
the certification must include a statement -that the employee is- unabl6to perform - the essential functions of his /her position.
A. Time to Provide a Certification
When an employee's leave is foreseeable and at least -thirty (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 fifteen (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_:b.inding- _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 intermiftently- (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 that such leave is medically necessary. "Medically necessar/'
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.
IX. EMPLOYEE NOTICE OF LEAVE
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Although the City recognizes that emergencies arise which may require
employees to request immediate leave, employees are required -to - give- -as- -m.uch
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 newbom), the employee- shalLinfo.rm _hi s/he r-- su per-visor
.— ____ –_- _
as soon as possible that suchi 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 Employee's Department
- Head. --
X. REINSTATEMENT UPON RETURN FROM LEAVE
A. Right to Reinstatement
Upon expiration of leave, an employee is eritifled fo be reinstated fo 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/Paid Family Leave 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 (2) 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 /Hee 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-26-
HOURS OF WORK
. All classified City employees shall work five (5) eight (8) hours 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.__- Employees =
covered by this MOU shall also be eligible to work a 4/10 compressed work week
or flexible work schedule as, mutually agreed between the employee and
Department Head and approved by the City Manager or his /her designee. - -
Resolution 76 -86 provided that no part-time person; temporary- help, -or seasonal
worker shall work more than thirty -five (35) hours in any week.
Employees shall serve a total of 20 hours of furloughs- from-December- 24,--2015- - -
through January 1, 2016. The furloughs shall be "smoothed" so that the salary
reduction shall be spread evenly over the applicable pay periods beginning on the
first full pay period after the adoption of the MOU. Employees will not be able to
utilize their leave banks during the 20 hours of furloughs. During the other three
work days of that period, employees shall have the option to come in to work their
normal shift or use any applicable leaves.
ARTICLE 27
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, the employee must notify his /her supervisor- in accordance with
departmental policy. Failure to do so may result in disciplinary action. Any
employee who is unable to report to work must be approved for paid leave status,
unless his /her accumulated paid leave time has- been- exhausted,- or-on - approved --
leave of absence in accordance with Article 38. 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, or by courier=or- telegram— .- It -is- the - responsibility- of- - - - - -_
the employee to notify the supervisor and the Human Resources Division of any
change of address'ortelephone number.
ARTICLE 28
GRIEVANCE AND DISCIPLINARY APPEAL PROCEDURE
A "Grievance" shall be defined as a controversy between the City and the Group
or an employee or employees covered by this MOU solely relating to alleged
violations of written terms of this MOU. An appeal of a disciplinary action,
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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 five (5) 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 -ti me- with in. W- h_ich- egal.*:_
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 ir- tvite— pers-ons- -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.
A grievance by a Department Head shall be submitted in accordance with Step 3.
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 /her 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 the grievance and /or detailing the specific provisions
of this MOU alleged to have been violated, signed and dated by the employee and
presented to the Department Head or, in his /her absence, his /her 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 as discriminatory. A
meeting with the employee, designated representative (if any) and Department
Head, or in his /her absence, his /her 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 /her absence his /her
designee. The Department Head, or, in his /her absence his/her designee, will give
a written reply by the end of the fifth (5th) work day following the date of the
meeting, and the 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
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days after the reply was due, requesting - a meeting. Said meeting ' shall be
scheduled within (10) working days after receipt of such request.. The City' 1
Manager, or in his /her absence his /her designee, shall. provide the employee with -
a written disposition of the grievance within ten (10) ten 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
Human Resources Division 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 any employee has complied with the 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 Director in writing of its finding
and recommendations. A copy of such finding shall also be transmitted to the
affected employee.
All costs of representation resulting from the 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 or she has
obtained prior specific authorization to do so.
A grievance or other appeal which is not 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 as set forth above ma- y -.be -= extended- -by =a- mutual
agreement between the parties, but neither party shall be required to do so.
Probationary and part-time employees are excluded from the provisions of this
article.
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ARTICLE 29
- - ! 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, father or grandparents of:_emplo-yee- mr. mate T mate;_
brother, sister, children or grandchildren of employees.
ARTICLE 30 - -
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 *; 2) death in family not covered by bereavement leave;
and 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 Managers
decision shall be final.
* Not covered under Labor Code_ Section 233. / Article 17, Sick Leave Policy.
ARTICLE 31
JURY DUTY
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 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 fro m- this_.Articl.e. - -- - --
ARTICLE 32 -
SERVICE DISABILITY
Under the provisions of the Workers Comp-ens..atio.n_Insuranee._and = Safety Act_of______..
California; employees are compensated for injuries sustained in the course of
employment, rendering them unable to perform their duties. The City of Lynwood
provides 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 duties.
Time off work due to an on-the-job injury is not deductible from accumulated sick
leave for the period not to exceed thirty (30) calendar days. However, the salary
continuation may be extended in two (2) separate fifteen (15) calendar day
extensions with the approval of the City Manager. This equates to up to 60 days in
total: the initial 30 days and another 30 days in two 15 -day increments upon the
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approval of the City:Manager. Thereafter, compensation shall be only as provided
in the Worker's Compensation and Safety Act.
Temporary and part-time employees are excluded from the provisions of this
Article relating to salary continuance. — - - - - -- -
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ARTICLE-33
NO STRIKE
A. Prohibited Conduct - -
_. Section 1. The Group, its officers,, agents,- : :rep resentative. - :and /o.r--:_member-s_ - - - --
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.
Section 2. Any employee who participates in any conduct prohibited in
Section 1 above, shall be subject to termination-by the- Gity. - -_ - , — - -- -- _ - - --
Section 3. In addition to any other lawful remedies or disciplinary action
available to the City if the Group fails, in good faith, to perform all responsibilities
listed below in B, Section 1, the City may suspend any and.- all--of--the--rights,--- - -
privileges, accorded to the Group under the 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.
B. Group Responsibility
Section 1. In the event that the Group, its officers, agents, representatives, or
members engage in any of the conduct prohibited in A, Section 1, above, the
Group shall immediately instruct any persons engaging in such conduct that their
conduct is in violation of this MOU and unlawful and they must immediately cease
engaging in conduct prohibited in A, and return to work.
Section 2. If the Group performs all of the responsibilities set forth in Section 1
above, 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 1 above.
ARTICLE 34
FULL FAITH AND CREDIT CLAUSE
-- For purposes of administering the term and--provisions of the - various ordinances; - -=
resolution, rules, and regulations which may be adopted by the City pursuant to
this MOU, all resolutions of the City Council, and all existing matters resolved
regarding wages, hours, fringe benefits and other terms and conditions of
employment prior to Myers - Milias -Brown Act in 1968, will remain unchanged and
unaltered except where expressly changed or altered in this MOU. It is agreed
that Management employees retain all benefits previously accrued as
miscellaneous employees.
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ARTICLE 35
SAVINGS CLAUSE
Any resolution of the City incorporating any provisions of this MOU shall provide
that if any provision of this MOU or of such- resolution- of- any -kind -is at- anytime - -or- - - --
in any way held to be contrary to any law- bK -any-. Court_- of.pro:per- _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 36
AUTHORIZED AGENTS
For the purpose of administering the provisions of this MOU:
A. The City's principal authorized agent shall: be:the= -City Iblanager:or his/her-- -
duly authorized representative (address: 11330= 13ullis-Road- Lynwood; CA- 90262! -
telephone: 310- 603 - 0220), except where a particular Management representative
is specifically designed in connection with the performance of a specific function
or obligation set forth herein.
B. The Group's principal authorized agent shall be the Group's President or
his /her duly authorized representative (address: 11330 Bullis Road, Lynwood, CA
90262; telephone 310 - 603 - 0220).
ARTICLE 37
1 AYr)FF
Subject to the express limitation set forth below, 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 notice of separation and the reason therefor. 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.
For the term of the Agreement, the City agrees�tfiaf, it—will_ not = 1ayo�f
members for the sole purpose of achieving cost savings.
The conditions of layoff shall be as follows:
I.' 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 rights shall be seniority based on the total
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years of continuous full -time service and any prior part =time service as calculated -
on a pro -rata basis with the City provided the - emp-lo_y_ee- 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
layoff 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.
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 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 or 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.
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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. i i
5. SALARY PLACEMENT. An employee(s) who -accept an appointment to a
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-. — -- - -
ARTICLE 38
LEAVEOFABSEf\ICE__ .�= =_ - = -- -- -- - -__ -- _-- -___ --
A permanent classified employee may be granted an unpaid leave of absence of
up to thirty (30) days for medical, personal, and other reasons. 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 (180) consecutive days
unless otherwise approved by the City Council. Benefits shall not accrue during
the term of an unpaid leave of absence, nor does such time count as service time
for step increase, seniority, or other purposes. Available compensatory time off
and vacation leave shall be used prior to the commencement of a leave of
absence. 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.
Military leave shall be granted as mandated by Federal and State law (See Article
24).
Pregnancy leave shall be governed by the Family- Care -and Medical. -Leave Policy
(See Article 25).
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 - expir -ation- -bf ch- bave�. ail = be- =--
cause for discharge.
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ARTICLE 39 - —
FULL UNDERSTANDING, MODIFICATIONS WAIVER
A. This MOU sets forth the full and entire understanding of the parties
regarding the matters set forth herein-, =-and- - any -- other - -prior or existing =-- - --
understanding or agreements by the parties;wt Tether - formal: or-informal,=regarding - - =-
any suchi matters are hereby superseded or terminated in their entirety.
B. Except as specifically provided herein, it is agreed and understood that
each party hereto voluntarily and unqualifiedly waives its right and agrees that the
other shall not be required to negotiate with respect to any other matters - within -- — - the scope of negotiations during the term of this MOU.
C. No agreement, alteration, understanding, variation, waiver, or modification
of any of the terms or provisions contained -- herein shall -in -any- manner be!-binding
upon the parties hereto unless made and -executed -hT- writing- by alr-parties- hereto-- ---- - - - -
and, if required, approved and implemented by-the City Council. -
D. The waiver of any breach, term or condition of this MOU by either party
shall not constitute a precedent in the future enforcement of all its terms and
provisions.
ARTICLE 40
RENEGOTIATION
The parties shall use their best efforts to submit new proposals for a successor
MOU by January 4, 2016 and shall begin negotiations by January 18, 2016.
ARTICLE 41.
TERM
This MOU is to cover said employees for the period -from - July - -1:,. 201.5 through _.
June 30, 2016, effective upon adoption by City Council.
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In witness whereof, the ,parties hereto have caused their -duly authorized
representatives to execute this Memorandum of Understanding on:-- - -
City: Lynwood Employee Management
Group-- - - - - -- - _ - -- - -- - - - - --
By:_t
City Manager.
Dated: August �, 2015
By:
Hum esVrces
Director
Dated: August 5
LEMG, President
Dated: August L), 2015
By:
L MG, Vice President
Dated: August �-7 , 2015
By: By:
Finance Director I LEMG, Secretary
Dated: August /9 , 2015
By:
City Attorney/ ief Negotiator
- Dated: August , 2015
Dated: August 1.,3 , 2015
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