HomeMy Public PortalAbout2015.182 (10-06-15)RESOLUTION NO. 2015.182
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
AN EMPLOYMENT AGREEMENT WITH RAUL GODINEZ FOR THE POSITION OF
DIRECTOR OF PUBLIC WORKS /CITY- ENGINEER AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT.
WHEREAS, the City of Lynwood is a General Law City under California law and is
governed by and elected City Council; and
WHEREAS, the management of the day -to -day, business of the City is the
`responsibility of the City Manager; and
WHEREAS, under the general direction of the City Manager, the Director of Public
Works /City Engineer will be in charge of the administration of the City's Public Works
Department and be Department Director of the Department; and
WHEREAS, the City Manager has selected a candidate for the position of Director
of Public Works /City Engineer and authorized the terms of employment to the Director of
Public Works /City Engineer under an "at- will" employment agreement, a copy of which is
attached hereto as Exhibit "A."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The City Manager is authorized to execute the attached at -will
Director of Public Works /City Engineer Agreement on behalf of the City, subject to the City
Attorney's approval of the form.
Section 2. The Director of Public Works /City Engineer is authorized and directed
to commence performance of the duties of the position upon the effective date of the
agreement.
Section 3. That this Resolution is to. be given effect upon its adoption by the City
Council of the City of Lynwood and execution of the same by the appropriate parties.
PASSED, APPROVED and ADOPTED this 6th day of October, 2015.
A TEST:
01 A
aria Quirionez, Ci y Clerk
Luis Solache,
APPROVED AS TO FORM:
David A. Garcia, City Attorney
APPROVED AS TO CONTENT:
J. Arnoldo Beltran, City Manager
[THIS SPACE INTENTIONALLY LEFT BLANK]
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 6th day of October, 2015.
AYES: COUNCIL MEMBERS ALATORRE,
SANTILLAN -BEAS AND SOLACHE
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
r �
Maria Quinonez, ity 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. 2015.182 on file in my office and that said Resolution was adopted on
the date and by the vote therein stated. Dated this 6th day of October, 2015.
3
THE CITY OF LYNWOOD
PUBLIC WORKS DIRECTOR/CITY ENGINEER
EMPLOYMENT AGREEMENT
This at -will PUBLIC WORKS DIRECTOR/CITY ENGINEER EMPLOYMENT
AGREEMENT ( "Agreement ") is effective the twelve (12) day of October 2015, between the CITY
OF LYNWOOD, a general law city and municipal corporation ( "City ") and Raul Godinez, an
individual ( "Public Works Director /City Engineer ").
RECITALS
WHEREAS, the City Council of the City ( "Council ") now desires to employ Raul
Godinez in the at -will position of the Public Works Director /City Engineer for the City;
WHEREAS, Public Works Director /City Engineer desires to perform and
assume responsibility for the provisions of such professional services to the City;
WHEREAS, the parties wish to establish the terms and conditions of Public Works
Director /City Engineer's services to the City as described in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City
and Public Works Director /City Engineer hereby agree as follows:
AEREEMENT
1.0 EMPLOYMENT & DUTIES
1.1 Duties. City hereby employs Public Works Director /City Engineer to
serve as the City's Public Works Director /City Engineer, to perform the functions and duties of a
Public Works Director /City Engineer as such duties are customarily performed by a person in such
position, as specified in any position description for the Public Works Director /City Engineer, and
to perform such other legally permissible and proper duties and functions as the City Manager
shall, from time -to -time, direct or assign, including, but not limited to, the duties of the Public
Works Director /City Engineer of the City, unless said duties are reassigned by the City Manager.
1.2 Work Schedule. The parties agree that Public Works Director /City
Engineer shall engage in the hours of work that are necessary to fulfill the obligations of the
position and must devote time in addition to the City's regular business hours to the business of
the City. Public Works Director /City Engineer acknowledges that City Hall is open Mondays
through Thursdays from 7:00 a.m. to 6:00 p.m. and is closed on Fridays, such that the City's
standard work week is four (4) 10 -hour days. Notwithstanding the foregoing, Public Works
Director /City Engineer will be permitted reasonable time off during the City's business hours upon
proper approval and as permitted by accrued leave time, as is customary for exempt employees, so
long as the time off does not interfere with the City's business.
Page 1 of 19
1.3 Direction. The City shall retain full direction and control of the manner,
means and methods by which Public Works Director /City Engineer performs the
services for which he is employed hereunder and of the place or places at which such
services shall be rendered.
1.4 Employment Status; At -Will. Public Works Director /City Engineer
shall serve at the will and pleasure of the City Manager and understands he is an "at- will" employee
subject to summary dismissal without any right of notice or hearing, including any so- called Skelly
hearing. The City Manager may terminate the employment of Public Works Director /City
Engineer at any time, with or without cause, as set forth in Section 3.2 below. The Parties
acknowledge that, while Public Works Director /City Engineer is afforded the benefits described in
Article 6.0, as those benefits are provided to other employees within the Lynwood Employees
Management Bargaining Group ( "LEMG ") in accordance with the Comprehensive Memorandum
of Understanding for Submission to the Lynwood City Council Regarding Lynwood Employees
Management Bargaining Group ( "MOU "), as may be amended from time to time, a copy of
which is attached hereto as Exhibit "A," Public Works Director /City Engineer is not an employee
represented by any bargaining unit, and nothing in this Agreement or the City's policies or
procedures, either now or in the future, is intended to change the at -will nature of this relationship.
1.5 City Documents. All data, studies, reports, and other
documents prepared by Public Works Director /City Engineer while performing his duties during
the term of this Agreement shall be furnished to and become the property of the City, without
restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
materials either created by or provided to Public Works Director /City Engineer in connection with
the performance of this Agreement shall be held confidential by Public Works Director /City
Engineer to the extent permitted by applicable law. Such materials shall not, without the prior
written consent of the Council, be used by Public Works Director /City Engineer for any purposes
other than the performance of his duties for the City. Nor shall such materials be disclosed to
any person or entity not connected with the performance of services under this Agreement,
except as required by law.
1.6 FLSA Exempt Status. Public Works Director /City Engineer agrees that
his position is that of an exempt employee for the purposes of the Fair Labor Standards Act.
200 COMPENSATION AND REIMBURSEMENT
2.1 Compensation. For the services rendered pursuant to this Agreement,
the City agrees to pay Public Works Director /City Engineer an annual salary of One Hundred
Fifty -Three Thousand Five Hundred and 00 /100 Dollars ($153,500.00) ( "Salary "), which shall
be paid on a bi- weekly basis at the same time that other employees of the City are paid. The Salary
shall be adjusted for payroll taxes, workers' compensation, and other payroll- related liability costs.
Public Works Director /City Engineer understands and agrees that his compensation for the first
pay period that he is working for the City shall be prorated consistent with all applicable laws, as
he is commencing work in the middle of a pay period.
Page 2 of 19
2.2 Annual Review. The City and Public Works Director /City Engineer
agree to conduct a review concurrently with the annual performance evaluation set forth in Article
5.0, below. Public Works Director /City Engineer shall receive any Cost of Living Adjustment
( "COLA ") consistent with or provided to other LEMG members under the MOU. In addition, a
merit increase up to five percent (5 %) of the Salary may be granted on the Employee's one year
anniversary in the sole discretion of the City Manager.
2.3 Effectuating Salary Adjustment. City and Employee agree that any
upward adjustment in the Salary paid to Employee shall be at the sole discretion of the City
Manager.
3.0 TER10�I
3.1 Commencement & Effective Date. Public Works Director /City
Engineer shall commence his services hereunder at 7.00 a.m. Pacific time on the Monday
October 12, 2015, which shall also be deemed the effective date of this Agreement.
3.2 Termination Without Cause. The City Manager or his designee may
terminate this Agreement at any time with or without cause, without notice to Public Works
Director /City Engineer. Additionally, Public Works Director /City Engineer may terminate this
Agreement at any time with or without cause, provided he provides City Manager with at least
thirty (30) days advance written notice prior to the effective date of termination, unless a shorter
period is acceptable to the City Manager. Public Works Director /City Engineer expressly agrees
that any termination of this Agreement initiated by Public Works Director /City Engineer shall
not entitle Public Works Director /City Engineer to any severance pay; whereas, termination of this
Agreement initiated by the City shall entitle Public Works Director /City Engineer, upon the
effective date of such termination, to severance pay as provided in Section 4.1 below, except in the
case of termination for cause under Section 3.3 below, and all accrued but unpaid Salary and vested
benefits through the date of termination.
3.3 Termination for Cause. Notwithstanding anything herein to the
contrary, and without weakening or changing the right of either party on notice to the other to
terminate the employment relationship at will, the City may terminate Public Works Director /City
Engineer's employment hereunder for specific cause for any one of the following reasons: Public
Works Director /City Engineer's loss of legal capacity; personal dishonesty by Public Works
Director /City Engineer in performing his duties hereunder; Public Works Director /City Engineer's
acts of fraud or misrepresentation or any act of malfeasance or moral turpitude; Public Works
Director /City Engineer's conflicts of interest or breach of fiduciary duty; gross negligence or
incompetence in performing Public Works Director /City Engineer's duties; willful breach by
Public Works Director /City Engineer of any provision of this Agreement; Public Works
Director /City Engineer's insubordination or willful failure to follow City policies, procedures,
rules, or regulations; Public Works Director /City Engineer's willful and serious misconduct;
actions by Public Work Director /City Engineer that are seriously detrimental to the reputation of the
City; or Public Works Director /City Engineer's conviction of a criminal offense.
Page 3 of 19
The City may also terminate Public Works Director /City Engineer's employment under this
Agreement for material performance deficiencies, other than those listed above, upon written notice
to Public Works Director /City Engineer, specifying the nature of the performance deficiencies, and
upon Public Works Director /City Engineer's failure to improve said deficiencies within thirty (30)
days thereafter. Upon termination of Public Works Director /City Engineer's employment with the
City, the City shall be under no further obligation to Public Works Director /City Engineer, except
to pay all accrued but unpaid Salary and vested benefits through the date of termination.
3.4 Cooperation. After notice of termination, Public Works Director /City
Engineer shall cooperate with the City, as requested by the City, to effect a transition of Public
Works Director /City Engineer's responsibilities and to ensure that the City is aware of all matters
being handled by Public Works Director /City Engineer.
4.0 SEVERANCE
4.1 Severance Pay. Except as provided in Section 3.3, should City elect to
terminate this Agreement without cause, the City shall, upon the effective date of such termination,
pay Public Works Director /City Engineer severance pay in a sum equal to six (6) months of his
Salary, together with all other vested benefits, as and for severance pay.
4.2 Payment For Accrued Benefits. Except as provided for in Article 6.0,
upon the termination of this Agreement and the services of Public Works Director /City Engineer
thereunder, City shall pay to Public Works Director /City Engineer the cash equivalent of all
vacation leave then accrued. Such cash equivalent shall be calculated by dividing Public Works
Director /City Engineer's then - prevailing annual salary by 2080 hours and by multiplying the
resulting quotient by the number of hours accrued (but unused) vacation, as the case may be.
4.3 Sole Rights. The severance rights provided in this Article 4.0 shall
constitute the sole and only entitlement of Public Works Director /City Engineer in the event of the
termination, other than for cause, and Public Works Director /City Engineer expressly waives any
and all other rights except as provided herein. Any and all severance rights are conditioned upon
execution of standard "Agreement of Separation, Severance and General Release" attached hereto as
Exhibit "B."
4.4 Gov. Code Section 53260(a) Provision. Any other term of this Agreement
notwithstanding, the maximum severance that Employee may receive under this Agreement shall not
exceed the limitations provided in Government Code Sections 53260 - 53264, or other applicable law.
5.0 PERFORMANCE EVALUAI'I ®NS.
5.1 Purpose. The performance review and evaluation process set forth
herein is intended to provide review and feedback to Public Works Director /City Engineer so as
to facilitate a more effective management of City. Nothing herein shall be deemed to alter or
change the at -will employment status of Public Works Director /City Engineer, nor shall this Article
5.0 be construed as requiring "cause" to terminate this Agreement or the services of Public Works
Director /City Engineer thereunder.
Page 4 of 19
5.2 Six Month Evaluation. The City Manager may review and evaluate the
performance of Public Works Director /City Engineer within six (6) months after the
commencement of this Agreement. The City Manager may consider Public Works Director /City
Engineer's performance in light of Approved Goals or other criteria as deemed appropriate by
the City Manager. Such review and evaluation shall be conducted in accordance with the
purpose noted in Section 5.1 above.
5.3 Annual Evaluation. The City Manager may review and evaluate the
performance of Public Works Director /City Engineer annually, within thirty (30) days after each
anniversary date. In addition, Public Works Director /City Engineer shall submit for City
Manager's consideration at those times established by the City Manager, but at least annually,
Public Works Director /City Engineer's proposed performance goals and objectives and incorporate
the City Manager's suggestions. Such review and evaluation shall be conducted concurrently with
an annual review, and in accordance with the purpose noted in Section 5.1 above.
6.0 BENEFITS
6.1 Automobile Allowance. City is to provide Employee with a monthly
vehicle allowance consistent with the amount paid to LEMG members in accordance with the MOU
as full compensation for the usage of Employee's personal vehicle for City- related business, which
vehicle allowance to be paid to Employee through payroll, with applicable taxes and other payroll -
liability costs deducted. Employee understands that any applicable taxes are her responsibility to pay
and not covered by the City.
6.2 Electronic Media Allowance. In accordance with the MOU, as may be
amended from time to time, the City shall provide Public Works Director /City Engineer a
monthly allowance for electronic media consistent with the allowance paid to LEMG members
( "Electronic Media Allowance "), which as of the date of this Agreement is One Hundred Twenty
Five and 00 /100 Dollars ($125.00) per month. The Electronic Media Allowance shall be full
compensation for the cost associated with the purchase and use of electronic media to be used for
City - related business, and shall be paid to Public Works Director /City Engineer through payroll,
with applicable taxes and other payroll - liability costs deducted. Public Works Director /City
Engineer understands that any applicable taxes are his responsibility to pay and not covered by
the City.
6.3 Bilingual Pay. In accordance with the MOU, as may be amended from
time to time, the City shall provide Public Works Director /City Engineer bilingual pay for his
proficiency in another language (Spanish) consistent with the pay paid to LEMG members
( "Bilingual Pay "), which as of the date of this Agreement is One Hundred Twenty Five and
00 /100 Dollars ($125.00) per month. The Bilingual Pay shall be paid upon passing a verbal
bilingual exam to the satisfaction of the Human Resources Department, and shall be paid to
Public Works Director /City Engineer through payroll, with applicable taxes and other payroll -
liability costs deducted. Public Works Director /City Engineer understands that any applicable
taxes are his responsibility to pay and not covered by the City.
Page 5 of 19
6.4 Medical Dental Vision and Life Insurance. City shall provide to Public
Works Director /City Engineer the same group medical, dental, vision, and life insurance plans
and /or programs as are offered to LEMG members in accordance with the MOU. The City's
contribution on behalf of Public Works Director /City Engineer toward any PERS health
insurance plan shall be at the family premium rate for Kaiser coverage, as may be amended by
the MOU. In addition, the City will pay the cost of dental plan premiums and vision plan premiums
for Public Works Director /City Engineer and his eligible dependents according to the MOU. The
City shall provide and pay for a life insurance policy for Public Works Director /City Engineer in
the amount of Fifty Thousand and 00 /100 Dollars ($50,000.00).
6.5 PERS. In accordance with the MOU, the City shall pay Zero (0 %) (of
8 %) of Public Works Director /City Engineer's share of all required retirement contributions to the
California Public Employees' Retirement System ( "PERS "). The City will also afford Public
Works Director /City Engineer the retirement benefit commonly referred to as "3% at 60."
6.6 Vacation Personal and Sick Leave. In accordance with the
applicable and current LEMG MOU, and subject to vacation, personal and sick leave
accruals as outlined in the Management Benefit Plan, Public Works Director /City Engineer shall
accrue leave as follows: Vacation at the rate of eighty (80) hours per year; Sick leave at a rate of
ninety -six (96) hours per year; and personal leave at a rate of twenty (20) hours per year. Public
Works Director /City Engineer's accrual rates shall be revised if the accrual rates, as set forth in
the Management Benefit Plan, are revised. Additionally, as further described in the Management
Benefit Plan sell back provisions, vacation leave may be converted into cash, up to one hundred
(100) hours in one year. The aforementioned benefits shall be subject to adjustment as may be
revised by the MOU.
6.7 Holidays. In accordance with the MOU, Public Works Director /City
Engineer shall be entitled to nine (9) days of paid holiday time and a total of five (5) floating
holidays per year. The aforementioned holiday benefits shall be subject to adjustment as may be
revised by the MOU.
6.8 Executive Leave. In accordance with the MOU, Public Works
Director /City Engineer shall accrue executive leave at the rate of ninety (90) hours per year.
Executive leave shall not carry over from year -to -year. The aforementioned leave benefits shall
be subject to adjustment as may be revised by the MOU.
6.9 Additional Benefits. In addition to the benefits set forth in this
Agreement, Public Works Director /City Engineer shall receive the benefits provided by the City
to LEMG members under the MOU, excluding any License and Certificate Incentive Pay. To
the extent benefits provided under this Agreement are similar to those provided to the LEMG
members under the MOU, Public Works Director /City Engineer shall receive only those benefits
provided under this Agreement, and not both.
7.0 PROFESSIONAL DEVELOPMENT
7.1 Membership. The City encourages Public Works Director /City
Engineer's continued professional development and membership and shall provide payment of
appropriate related costs for such activities, as approved by the City Manager.
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7.2 Out -of -Town Meetings & Seminars. The City agrees to reimburse
Public Works Director /City Engineer the actual cost for registration, travel, lodging, meals, and
other reasonable expenses incurred by Public Works Director /City Engineer while attending
overnight out -of -town meetings or seminars related to his employment with the City, which are
pre- approved by the City Manager and in accordance with the City's policies for expense
reimbursement. To be eligible to receive reimbursement for meals and lodging for out -of -town
meetings or seminars, Public Works Director /City Engineer must have budgeted funds available
for same.
7.3 Local Meetings & Seminars. The City agrees to reimburse Public
Works Director /City Engineer the actual cost of registration, meals, and other reasonable
expenses necessarily incurred while in attendance at local meetings or seminars related to his
employment with the City in accordance with the City's policies for expense reimbursement.
7.4 Incidental Expenses. The City agrees to reimburse Public Works
Director /City Engineer the actual cost of those incidental expenses necessarily incurred by Public
Works Director /City Engineer while engaged in the business of the City upon the presentation of
an appropriate receipt therefor in accordance with the City's policies for expense reimbursement.
7.5 Approval by City Manager. To be eligible to receive reimbursement for
the memberships, travel, and other expenses incurred pursuant to this Article 7.0, Public Works
Director /City Engineer shall obtain advance approval of the City Manager.
8.0 INDEMNIFICATION
8.1 Indemnification. For the purposes of indemnification and defense of
legal actions, Public Works Director /City Engineer shall be considered an employee of the City
and entitled to the same rights and subject to the same obligations as are provided for all other
employees of the City as set forth in the California Government Code. Accordingly, City shall
defend, hold harmless and indemnify Public Works Director /City Engineer against any tort,
professional liability, claim or demand, or other legal action arising out of an alleged act or
omission occurring in the performance of Public Works Director /City Engineer's services under
this Agreement. This section shall not apply to any intentional tort or crime committed by Public
Works Director /City Engineer, to any action outside the course and scope of the services
provided by Public Works Director /City Engineer under this Agreement, or any other intentional
or malicious conduct or gross negligence of Public Works Director /City Engineer.
9.0 GENERAL PROVISIONS
9.1 Entire Agreement. This Agreement represents the entire agreement
between the parties and supersedes any and all other agreements, either oral or in writing,
between the parties with respect to Public Works Director /City Engineer's employment by the City
and contains all of the covenants and agreements between the parties with respect to such
employment. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by either party, or anyone acting on
behalf of either party, which are not embodied herein, and that no other agreement, statement or
promises not contained in this Agreement shall be valid or binding upon either party.
Page 7 of 19
9.2 Notices. Any notice required or permitted by this Agreement shall be in
writing and shall be personally served or shall be sufficiently given when served upon the other
party as sent by United States Postal Service, postage prepaid and addressed as follows:
To City:
City Manager
City of Lynwood
11330 Bullis Road
Lynwood, California 90262
To Public Works Director /City Engineer:
At his home address on file with the City
Notices shall be deemed given as of the date of personal service or within two (2) days of
the date of deposit in the course of transmission with the United States Postal Service.
9.3 Conflicts Prohibited. During the term of this Agreement, Public Works
Director /City Engineer shall not engage in any business or transaction or maintain a financial
interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of
Public Works Director /City Engineer's duties under this Agreement. Public Works Director /City
Engineer shall comply with all requirements of law, including but not limited to, Sections 87100
et seq., Section 1090 and Section 1125 of the Government Code, and all other similar statutory and
administrative rules.
9.4 Other Employment. The parties acknowledge that Public Works
Director /City Engineer may not conduct, participate in, or otherwise be in engaged in
independent consulting projects. In no event should any services, employment or business pursuits
be conducted in violation of this Agreement.
9.5 Effect of Waiver. The failure of either party to insist on strict
compliance with any of the terms, covenants, or conditions of this Agreement by the other party
shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or
relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment
of that right or power for all or any other times.
9.6 Partial Invalidity. If any provision in this Agreement is held by a court
of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall
nevertheless continue in full force without being impaired or invalidated in any way.
9.7 Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California, which are in full force and effect as of the
date of execution.
9.8 Independent Legal Advice. The City and Public Works Director /City
Engineer represent and warrant to each other that each has received legal advice from
independent and separate legal counsel with respect to the legal effect of this Agreement, and the
City and Public Works Director /City Engineer further represent and warrant that each has carefully
reviewed this entire Agreement and that each and every term thereof is understood and that the
terms of this Agreement are contractual and not a mere recital. This Agreement shall not be
construed against the party or its representatives who drafted it or who drafted any portion thereof.
Page 8 of 19
9.9 AB 1344. Assembly Bill 1344 was recently enacted as a means to provide
greater transparency in local government and institute certain limitations on compensation paid to
local government executives. AB 1344 also requires that contracts between a local agencies and its
employees include provisions requiring an employee who is convicted of a crime involving an abuse
of his office or position to provide reimbursement to the local agency (California Government Code
§§ 53243 — 53243.4). These sections are set forth in full in Exhibit `B" attached hereto and
incorporated herein.
Accordingly, the parties agree that it is their mutual intent to fully comply with the
Government Code sections that are part of AB 1344 and all other applicable law as it exists as of the
date of execution of this Agreement and as such laws may be amended from time to time thereafter.
Specifically, AB 1344 includes the following Government Code sections which are hereby
incorporated by this Agreement:
§53243. Reimbursement of paid leave salary required upon conviction of crime involving
office or position.
§53243.1. Reimbursement of legal criminal defense upon conviction of crime involving
office or position.
§53243.2. Reimbursement of cash settlement upon conviction of crime involving office or
position.
§53243.3. Reimbursement of non - contractual payments upon conviction or crime
involving office or position.
§53243.4. Abuse of office or position defined.
Employee has reviewed, is familiar with, and agrees to comply fully with each of
these provisions if any of these provisions are applicable to Employee, including that Employee
agrees that any cash settlement or severance related to the termination that Employee may receive
from the City shall be fully reimbursed to the local agency if Employee is convicted of a crime
involving an abuse of his or her office or position.
Page 9of19
IN WITNESS WHEREOF, the City of Lynwood has caused this Agreement to be signed
and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly authorized,
and Public Works Director /City Engineer has signed and executed this Agreement, all in triplicate.
ATTEST:.
APPROVED AS TO FORM:
� V'// X GA"-/
David A. Garcia, City Attorney
,M. Saint, erector of
Resources 84 Risk Management
CITY OF LYNWOOD:
l 'r
J. Arnoldo Beltran, City Manager
PUBLIC WORKS DIRECTOR/CITY
ENGINEER:
r
Raul Godinez
Page 10 of 19
EXHIBIT A
COMPREHENSIVE MEMORANDUM OF UNDERSTANDING FOR
SUBMISSION TO THE LYNWOOD CITY COUNCIL REGARDING
LYNWOOD EMPLOYEES MANAGEMENT GROUP JULY 1, 2015.
TO JUNE 30, 2016
[See attached]
Pagel l of 19
ATTACHMENT B
AGREEMENT OF SEPARATION. SEVERANCE AND GENERAL RELEASE
1. PARTIES
This Agreement of Separation, Severance and General Release (hereinafter referred to as the
"AGREEMENT ") is entered into by and between the City of Lynwood (hereinafter referred to as
"THE CITY "), a general law city and municipal corporation, and (hereinafter referred to
as "EMPLOYEE ").
2. RECITALS
2.1. EMPLOYEE was hired by THE CITY as an at will Public Works Director /City
Engineer,. effective , serving at the pleasure of the City Council of THE CITY pursuant
to a written contract, a copy of which is attached hereto as Exhibit "A" ( "THE CONTRACT ").
EMPLOYEE is currently years old.
2.2. THE CITY and EMPLOYEE desire that EMPLOYEE resign and enter into
a severance agreement' whereby EMPLOYEE receives severance compensation in exchange for
executing a general release and waiver of any and all claims that EMPLOYEE may have against THE
CITY, including but not limited to its elected and non - elected officials, employees, attorneys, and
agents. Accordingly, the parties hereto intend by this AGREEMENT to mutually conclude any and
all employment relationships between THE CITY and EMPLOYEE by means of EMPLOYEE's
voluntary separation as of , with this AGREEMENT setting forth the full and complete
terms and conditions concluding EMPLOYEE's employment relationship with the CITY and any
obligations related thereto, including any provided under THE CONTRACT.
2.3 In accordance with this AGREEMENT and with applicable state and federal
laws, EMPLOYEE acknowledges that EMPLOYEE has been advised of EMPLOYEE's post
employment rights, including but not limited to, EMPLOYEE's rights under the Consolidated
Omnibus Budget Reconciliation Act of 1985 ( "COBRA "), the Employee Retirement Income Security
Act of 1974 ( "ERISA "), and the Health Insurance Portability and Accountability Act of
1996 ( "HIPAA ").
3. CONSIDERATION
3.1 EMPLOYEE shall receive payment to him at the time of his voluntary
separation all earned salary, accrued fringe benefits as detailed in THE CONTRACT, and/or all
other wage compensation/benefits owed to EMPLOYEE upon separation of employment as required
by law or THE CONTRACT or any other agreement with THE CITY.
Page 12 of 19
3.2. In exchange for the waivers and releases set forth herein, THE CITY shall
also cause to be paid to EMPLOYEE an additional compensatory payment by means of severance,
settlement and release in the form of a lump sum amount of and
cents ($ .00) in the form of a check made payable to EMPLOYEE to be mailed to
EMPLOYEE at EMPLOYEE's home address via certified mail return receipt requested within
thirty (3 0) business days after the EFFECTIVE DATE (as defined below) of this AGREEMENT.
3.3 In exchange for the severance payment provided for herein, EMPLOYEE,
and on behalf of EMPLOYEE's spouse, heirs, representatives, successors, and assigns, hereby
releases, acquits, and forever discharges THE CITY, and each of its predecessors, successors, assigns,
officials, employees, representatives, agents, insurers, attorneys, and all persons and entities acting
by, through, under, or in concert with any of them, and each of them (hereinafter referred to as "THE
CITY PARTIES "), from any and all claims, charges, complaints, contracts, understandings,
liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses,
damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or
unknown, suspected or unsuspected, which EMPLOYEE now has or may acquire in the future, or
which EMPLOYEE ever had, relating to or arising out of any act, omission, occurrence, condition,
event, transaction, or thing which was done, omitted to be done, occurred or
was in effect at anytime from the beginning of time up to and including
(hereinafter referred to collectively as "CLAIMS "), without regard to whether such CLAIMS arise
under the federal, state, or local constitutions, statutes, rules or regulations, or the common law.
EMPLOYEE expressly acknowledges that the CLAIMS forever barred by this AGREEMENT
specifically include, but are not limited to, claims based upon any alleged breach of THE
CONTRACT or any other agreement of employment, any demand for wages, overtime or benefits,
any claims of violation of the provisions of ERISA, COBRA or HIPAA, any alleged breach of any
duty arising out of contract or tort, any alleged wrongful termination in violation of public policy,
any alleged breach .of any express or implied contract for continued employment, any alleged
employment discrimination or unlawful discriminatory act, or any claim or cause of action including,
but not limited to, any and all claims whether arising under any federal, state or local law prohibiting
breach of employment contract, wrongful termination, or employment discrimination based upon age,
race, color, sex, religion, handicap or disability, national origin or any other protected category or
characteristic, and any and all rights or claims arising under the California Labor Code or Industrial
Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, the California Fair
Employment and Housing Act, California Government Code § §12, 900 et seq., the Americans With
Disabilities Act, Title VII of the Civil Rights Act of 1964, the Public Safety Officers Procedural Bill
of Right Act, and any other federal, state, or local human rights, civil rights, or employment
discrimination or employee rights statute, rule, or regulation.
Page 13 of 19
4. Specific Acknowledement of Waiver of Claims under ADEA and OWBPA
The Age Discrimination in Employment Act of 1967 (hereinafter referred to as the
"ADEA ") makes it illegal for an employer to discharge any individual or otherwise discriminate
with respect to the nature and privileges of an individual's employment on the basis that the
individual is age forty (40) or older. The Older Workers Benefit Protection Act (hereinafter
referredto as the " OWBPA," 29 U.S.C. § 626, et. seq., Pub L 101 - 433,104 Stat. 978 (1990)) further
augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless the
waiver is knowing and voluntary. By entering into this AGREEMENT, EMPLOYEE
acknowledges that he knowingly and voluntarily, for just compensation in addition to anything of
value to which EMPLOYEE was already entitled, waives and releases any rights he may have
under the ADEA and /or OWBPA. EMPLOYEE further acknowledges that he has been advised
and understands, pursuant to the provisions of the ADEA and OWBPA, that:
(a) This waiver /release is written in a manner understood by EMPLOYEE;
(b) EMPLOYEE is aware of, and /or has been advised of, his rights under the
ADEA and OWBPA, and of the legal significance of his waiver of any possible claims he currently
may have under the ADEA, OWBPA and /or similar age discrimination laws;
(c) EMPLOYEE is entitled to a reasonable time of at least twenty -one (21)
days within which to review and consider this AGREEMENT and the waiver and release of any
rights he may have under the ADEA, the OWBPA and similar age discrimination laws; but may,
in the exercise of his own discretion, sign or reject this AGREEMENT at any time before the
expiration of the twenty -one (21) days;
(d) The waivers and releases set forth in this AGREEMENT shall not apply to
any rights or claims that may arise under the ADEA and/or OWBPA after the EFFECTIVE DATE
of this AGREEMENT;
(e) EMPLOYEE has been advised by this writing that he should consult with
an attorney prior to executing this AGREEMENT;
(f) EMPLOYEE has discussed this waiver and release with, and been advised
with respect thereto by, his counsel of choice, and that he does not need any additional time within
which to review and consider this AGREEMENT;
(g) EMPLOYEE has seven (7) days following his execution of this
AGREEMENT to revoke the AGREEMENT;
(h) Notice of revocation within the seven (7) day revocation period must be
provided, in writing, to THE CITY pursuant to Paragraph 8.9 herein, and must state, "I hereby
revoke my acceptance of our Agreement of Severance and General Release;" and
(i) This AGREEMENT shall not be effective until all parties have signed the
AGREEMENT and ten (10) days have passed since EMPLOYEE's execution ( "EFFECTIVE
DATE ").
Page 14 of 19
5. UNKNOWN CLAIMS
In relation to the release provisions of Paragraphs 3 and 4 above, EMPLOYEE
understands that California Civil Code section 1542 reads as follows:
"General Release — Claims Extinguished"
"A general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release, which if
known by him or her must have materially affected his or her settlement with the
debtor."
EMPLOYEE hereby waives the protection of California Civil Code section 1542.
6. WAIVER OF ADDITIONAL CLAIMS
EMPLOYEE hereby waives any provisions of state or federal law that might require a more
detailed specification of the claims being released pursuant to the provisions of Paragraphs 3, 4, and
5 above.
7. REPRESENTATIONS AND WARRANTIES
Each of the parties to this AGREEMENT represents and warrants to, and agrees with, each
other party as follows:
7.1. Advice of Counsel: The parties hereto have received independent legal
advice from their respective attorneys concerning the advisability of entering into and executing this
AGREEMENT or have been given the opportunity to obtain such advice. The parties acknowledge
that they have been represented by counsel of their own choice in the negotiation of this
AGREEMENT, that they have read this AGREEMENT; that they have had this AGREEMENT fully
explained to them by such counsel, or have had such opportunity to do so and that they are fully
aware of the contents of this AGREEMENT and of its legal effect.
7.2. No Fraud in Inducement: No party (nor any officer, agent, employee,
representative, or attorney of or for any party) has made any statement or representation or failed to
make any statement or representation to any other party regarding any fact relied upon in entering
into this AGREEMENT, and neither party relies upon any statement, representation, omission or
promise of any other party in executing this AGREEMENT, or in making the settlement provided
for herein, except as expressly stated in this AGREEMENT.
7.3. Independent Investigation: _ Each party to this AGREEMENT has made such
investigation of the facts pertaining to this settlement and this AGREEMENT and all the matters
pertaining thereto, as it deems necessary.
7.4. Mistake Waived: In entering into this AGREEMENT, each party assumes
the risk of any misrepresentation, concealment or mistake. If any party should subsequently discover
that any fact relied upon by it in entering into this AGREEMENT was untrue, or that any fact was
concealed from it, or that its understanding of the facts or of the law was incorrect, such
Page 15 of 19
parry shall not be entitled to any relief in connection therewith, including without limitation on the
generality of the foregoing any alleged right or claim to set aside or rescind this AGREEMENT. This
AGREEMENT is intended to be, and is, final and binding between the parties, regardless of any
claims of misrepresentation, promise made without the intent to perform, concealment of fact,
mistake of fact or law, or any other circumstance whatsoever.
7.5. Later Discovery: The parties are aware that they may hereafter discover
claims or facts in addition to or different from those they now know or believe to be true with respect
to the matters related herein. Nevertheless, it is the intention of the parties that EMPLOYEE fully,
finally and forever settle and release all such matters, and all claims relative thereto, which do now
exist, may exist or have previously existed against THE CITY or THE CITY PARTIES. In
furtherance of such intention, the releases given here shall be, and remain, in effect as full and
complete releases of all such matters, notwithstanding the discovery or existence of any additional or
different claims or facts relative thereto.
7.6. Indemnification: EMPLOYEE agrees to indemnify and hold harmless THE
CITY or THE CITY PARTIES from, and against, any and all claims, damages, or liabilities sustained
by them as a direct result of the violation or breach of the covenants, warranties, and
representations undertaken pursuant to the provisions of this AGREEMENT. EMPLOYEE
understands and agrees that he shall be exclusively liable for the payment of all taxes for which he is
responsible, if any, as a result of his receipt of the consideration referred to in Paragraph 3 of this
AGREEMENT. In addition, EMPLOYEE agrees fully to indemnify and hold the CITY PARTIES
harmless for payment of tax obligations as may be required by any federal, state or local taxing
authority, at any time, as a result of the payment of the consideration set forth in Paragraph 3 of this
AGREEMENT.
7.7. Future Cooperation & Consultation fees: EMPLOYEE shall execute all
such further and additional documents as shall be reasonable, convenient, necessary or desirable to
carry out the provisions of this AGREEMENT. EMPLOYEE shall provide THE CITY with
consultation services (including deposition or trial testimony) in any litigation involving THE CITY
which is reasonably related to acts or occurrences transpiring during his employment. Said services
shall be provided as needed by THE CITY at a rate of $100.00 per hour.
7.8. Return of Confidential Information and Property: Prior to the separation
date, EMPLOYEE shall submit a written inventory of, and return to the City Clerk, all City keys,
equipment, computer identification cards or codes, and other equipment or materials or confidential
documents provided to or obtained by EMPLOYEE during the course of his employment with THE
CITY.
7.9 No Pending Claims and /or Actions: EMPLOYEE represents that he has not
filed any complaints or charges against THE CITY or THE CITY PARTIES with any local, state or
federal agency or court; that he will not do so at any time hereafter for any claim arising up to and
including the EFFECTIVE DATE of this AGREEMENT; and that if any such agency or court
assumes jurisdiction of any such complaint or charge against THE CITY or THE CITY PARTIES
on behalf of EMPLOYEE, whenever or where ever filed, he will request such agency or court to
withdraw from the matter forthwith.
Page 16 of 19
7.10. Ownership of Claims: EMPLOYEE represents and warrants as a material
term of this AGREEMENT that EMPLOYEE has not heretofore assigned, transferred, released or
granted, or purported to assign, transfer, release or grant, any of the CLAIMS disposed of by this
AGREEMENT. In executing this AGREEMENT, EMPLOYEE further warrants and represents
that none of the CLAIMS released by EMPLOYEE thereunder will in the future be assigned,
conveyed, or transferred in any fashion to any other person and /or entity.
7.11 Enforcement Fees and Costs: Should any legal action be required to enforce
the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys' fees
and costs in addition to any other relief to which that party may be entitled.
7.12 Authori : Each party represents to the other that it has the right to enter into
this AGREEMENT, and that it is not violating the terms or conditions of any other AGREEMENT
to which they are a party or by which they are bound by entering into this AGREEMENT. The
parties represent that they will obtain all necessary approvals to execute this AGREEMENT. It is
further represented and agreed that the individuals signing this AGREEMENT on behalf of the
respective parties have actual authority to execute this AGREEMENT and, by doing so, bind the
party on whose behalf this AGREEMENT has been signed.
8. MISCELLANEOUS
8.1. No Admission: Nothing contained herein shall be construed as an admission
by THE CITY of any liability of any kind. THE CITY denies any liability in connection with any
claim and intends hereby solely to avoid potential claims and/or litigation and buy its peace.
8.2. Governing_ This AGREEMENT has been executed and delivered
within the State of California, and the rights and obligations of the parties shall be construed and
enforced in accordance with, and governed by, the laws of the State of California.
8.3. Full Integration: tion: This AGREEMENT is the entire agreement between the
parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral
and written agreements and discussions. This AGREEMENT may be amended only by a further
agreement in writing, signed by the parties hereto.
8.4. Continuing Benefit: This AGREEMENT is binding upon and shall inure to
the benefit of the parties hereto, their respective agents, spouses, employees, representatives, officials,
attorneys, assigns, heirs, and successors in interest.
8.5. Joint Drafting: Each party agrees that it has cooperated in the drafting and
preparation of this AGREEMENT. Hence, in any construction to be made of this AGREEMENT,
the parties agree that same shall not be construed against any party.
8.6. Severability: In the event that any term, covenant, condition, provision or
agreement contained in this AGREEMENT is held to be invalid or void by any court of competent
jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no
way affect any other term, covenant, condition, provision or agreement and the remainder of this
AGREEMENT shall still be in full force and effect.
Page 17 of 19
8.7. Titles: The titles included in this AGREEMENT are for reference only and
are not part of its terms, nor do they in any way modify the terms of this AGREEMENT.
8.8. Counterparts: This AGREEMENT may be executed in counterparts, and
when each parry has signed and delivered at least one such counterpart, each counterpart shall be
deemed an original, and, when taken together with other signed counterparts, shall constitute one
AGREEMENT, which shall be binding upon and effective as to all parties.
8.9. Notice: Any and all notices given to any party under this AGREEMENT
shall be given as provided in this paragraph. All notices given to either party shall be made by
certified or registered United States mail, or personal delivery, at the noticing party's discretion,
and addressed to the parties as set forth below. Notices shall be deemed, for all purposes, to
have been given on the date of personal service or three (3) consecutive calendar days following
deposit of the same in the United States mail.
As to EMPLOYEE:
At EMPLOYEE's home address on file with THE CITY.
As to THE CITY:
David A. Garcia, Esquire,
Tafoya & Garcia, LLP
316 N. 2nd Street, Ste., 1000
Los Angeles, CA 90012
With a copy to:
City of Lynwood
Attn: City Manager
11330 Bullis Road
Lynwood, CA 90262
IN WITNESS WHEREOF, THE CITY has caused this AGREEMENT to be signed and
executed on its behalf by its Mayor and duly attested by its City Clerk, EMPLOYEE has signed
and executed this Agreement, and the attorneys for THE CITY and EMPLOYEE, if any, have
approved as to form as of the dates written below.
DATED: EMPLOYEE
so
Page 18 of 19
THE CITY
DATED: By:
ATTEST:
Maria Quinones, City Clerk
APPROVED AS TO FORM:
Tafoya & Garcia, LLP
IIN
David A. Garcia, City Attorney
[EMPLOYEE'S LAW FIRM]
Los
[Counsel]
Jose Luis Solache, Mayor
Page 19 of 19
COMPREHENSIVE
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF LYNWOOD AND
THE LYNWOOD EMPLOYEES MANAGEMENT GROUP
July 1, 2015 — June 30, 2016
006170.00002
13300661.1
Table of Contents
ARTICLE1
IMPLEMENTATION ......................................... :.............................
1
ARTICLE 2
EMPLOYEE RECOGNITION ...................... ........... ,.................. ........
1
ARTICLE3
CITY RIGHTS .....: ....................:...................... .................a.............
4
ARTICLE 4
ASSOCIATION RIGHTS ................................. ...............................
4
ARTICLE 5
STEP INCREASES.... .............:. ••••••••••••• 5
ARTICLE 6
SALARIES/WAGES /DUES DEDUCTIONS .... ............................. ... 6
ARTICLE 7
EXECUTIVE LEAVE ... ............................... .. ........:.................. 8
ARTICLE8
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
006170.00002
13300661.1
ARTICLE24
MILITARY LEAVE ........ .................................... .............................22
ARTICLE 25
FAMILY CARE AND MEDICAL LEAVE POLICY .....................:...22
ARTICLE26
HOURS OF WORK ........................................ .....................:.......29
ARTICLE27
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
ARTICLE37
LAYOFF ................................................,.......... .........:....... .............35
ARTICLE 38
LEAVE OF ABSENCE .................................... .......................:.....37
ARTICLE 39
FULL UNDERSTANDING, MODIFICATIONS WAIVER .............. 38
ARTICLE 40
RENEGOTIATION ........................................... .............................38
ARTICLE 41
TERM.-...,.. ......................... 38
006170.00002
13300661.1
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
006170.00002 LEMG MOU FY 2013 -2015
13300661.1
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, III (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 II,
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 II
* 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
2
006170.00002 LEMG MOU FY 2015 -2016
13300661.1
* + Director of Recreation and Community Services
Electrical Maintenance Supervisor
Events Coordinator
• Financial Analyst
• Finance Manager
* Information Systems Manager
Parking Control Manager
Park Superintendent
• Personnel Analyst II
• 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
3
006170.00002 LEMG MOU FY 2015 -2016
13300661.1
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 15 cents for color copies of same. Reasonable Group
purposes and /or business shall not include administrative claims or
proceedings, civil proceedings, political activities, campaigning, or any
decertification or representation disputes with any other employee
organization.
B. The right to post information concerning elections, benefits, notices,
reports, programs, and promotions. (Bulletin Board).
4
006170.00002 LEMG MOU FY 2015 -2016
13300661.1
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 meet 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 interfere with departmental operations
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
STEPINCREASES
Employees are eligible for a step increase upon successful completion of
probation and thereafter will be considered on the basis of merit after intervals of
one (1) year.
5
006170.00002 LEMG MOU FY 2015 -2016
13300661.1
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 MOU during 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. A-gency 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
receive an auto allowance shall instead receive mileage reimbursement, per
Internal Revenue Service standard (currently 56.5 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 twelve (12) 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
INCENTIVE PAY/TUITI
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 CalPERS 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 CaIPERS
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-(Z) - 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, if 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 hours frozen as of
June 30, 1974.
For purpose of the pay off 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 a 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 period.
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 (16) 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) or more days in
that assignment, at which time they shall be entitled to acting compensation
retroactive to the first day of that assignment. Such compensation shall continue
until such time as the incumbent returns or, 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 rate -In the supervisory 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 (160/26) = 6.15 hours /pay period
SICK LEAVE 96 hours /year
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(96/26) = 3.69 hours /pay period
19
FLOATING
HOLIDAYS 50 hours /year (50/26) = 1.923 hours /pay period
(518 work schedule; see below)
PERSONAL LEAVE 10 hours /year Credited January 1 annually (4/10)
8 << 61 (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:
1) Employees still serving their original probationary period in 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 fall 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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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 1St 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.
111. 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 addition,_ the basic minimum duration 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 coverage 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 (15) 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 a non- 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. 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 r leave that does not exceed one (1) 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 unable to perform
the essential functions of his /her position.
A. Time to Provide a Certification
When an employee's leave is foreseeable and at least 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 binding. An employee may request a
copy of the health care provider's opinions when there is a recertification.
D. Intermittent Leave or Leave on a Reduced Leave Schedule
If an employee requests leave intermittently (a few days or hours at a time) or on
a reduced leave schedule to care for an immediate family member with a serious
health condition, or for pregnancy - disability leave, the employee must provide
medical certification that such leave is medically necessary. "Medically necessary"
means there must be a medical need for the leave and that the leave can best be
accomplished through an intermittent or reduced leave schedule.
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 much
notice as possible of their need for leave. If leave is foreseeable, at least thirty
(30) days notice is required. In addition, if an employee knows that he /she will
need leave in the future, but does not know the exact date(s) (e.g. for the birth of
a child or to take care of a newborn), the employee shall inform his /her supervisor
as soon as possible that such, leave will be needed. If the City determines that an
employee's notice is inadequate or the employee knew about the requested leave
in advance of the request, the City may delay the granting of the leave until it can,
in its discretion; adequately cover the position with a substitute. All notices
required under this Policy must be submitted to the Employee's Department
Head.
X. REINSTATEMENT UPON RETURN FROM LEAVE
A. Right to Reinstatement
Upon expiration of leave, an employee is entitled to be reinstated to the position of
employment held when the leave commenced, or to an equivalent position with
equivalent employment benefits, pay, and other terms and conditions of
employment. Employees have no greater rights to reinstatement, benefits and
other conditions of employment than if the employee had been continuously
employed during the FMLA/CFRA/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 /Her Condition
Employees may be required to periodically report on their status and intent to
return to work. This will avoid any delays to reinstatement when the employee is
ready to return.
C. Fitness for Duty Certification
As a condition of reinstatement of an employee whose leave was due to the
employee's own serious health condition, which made the employee unable to
perform his /her job, the employee must obtain and present a fitness - for -duty
certification from the health care provider that the employee is able to resume
work. Failure to provide such certification will result in denial of reinstatement.
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ARTICLE 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'or telephone 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 time within which Legal
actions must be commenced.
There shall be an earnest effort on the part of both parties to settle grievances
promptly through the steps listed below. The employee may request the
assistance of a representative of his own choosing in preparing and presenting a
grievance. Either party to the grievance - - -may invite persona- -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
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 may 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
BEREAVEMENTLEAVE
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 employee or mate; _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 Manager's
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 from this Article.
ARTICLE 32
SERVICE DISABILITY
Under the provisions of the Worker's Compensation Insurance and Safety Act of
California, employees are compensated for injuries sustained in the course of
employment, rendering them unable to perform their duties. The City of Lynwood
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, representative and/or members
agree that during the term of this MOU they will not cause or condone any strike,
walkout, slowdown, sick out, or any other jab 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 City.
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 Al 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 any time or
in any way held to be contrary to any law by any Court of proper jurisdiction, the -
remainder of this MOU and the remainder of such resolution shall not be affected
thereby and shall remain in full force and effect.
ARTICLE 36
AUTHORIZED AGENTS_
For the purpose of administering the provisions of this MOU:
A. The City's principal authorized agent shall be the City Manager or his /her
duly authorized representative (address: 11330 Bullis 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
LAYOFF
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 that it will riot layoff any LEMG
members for the sole purpose of achieving cost savings.
The conditions of layoff shall be as follows:
1. PROMOTIONAL EXAMINATIONS. For purposes of layoff, all promotional
opportunities will be conducted prior to layoffs proceeding.
2. ORDER OF SEPARATION. The principal criterion used in determining
the order of separation and bumping 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 employee presently possesses the
skill, ability and qualifications to perform the job. Layoffs shall be in the reverse
order as hired. That is, the employee in the affected job class with the least total
City service shall be laid off first.
Whenever seniority is equal, the following criteria shall be applied in the
indicated order:
a. Ranking on eligibility list; b. Performance Evaluations; c. Drawing of
lots.
3. BUMPING RIGHTS. Any full -time employee who has been given notice of
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.
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
LEAVE OF ABSENCE
A permanent classified employee may be granted an unpaid leave of absence of
up to thirty (30) days for medical, personal, and other reasons. 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 expiration of such I-eave - shall 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,: whether formal or informal; regarding
any such 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 -in writing by all 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, 2015 through
June 30, 2016, effective upon adoption by City Council.
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006170.00002 LEMG MOU FY 2015 -2016
13300661.1
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- By:
City Manager LEMG, President
Dated: August 2015 Dated: August L3, 2015
By: By:
Hum eso rces L MG, Vice President
Director
Dated: August 2015 Dated: August , 2015
By: s` - By:
Finance Director LEMG, Secretary
Dated: August AZ , 2015
By:-
City Attorney/efiief Negotiator
Dated: August , 2015
Dated: August _Lj _, 2015
39
006170.00002 LEMG MOU FY 2015 -2016
13300661.1