HomeMy Public PortalAbout2015.159 (09-15-15)RESOLUTION NO. 2015.159
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING
A COMPREHENSIVE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN
THE CITY AND THE CITY AND THE LYNWOOD EMPLOYEES' ASSOCIATION
(LEA) /AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES, LOCAL 1920 (AFSCME) WHICH SETS FORTH ALL WAGES, HOURS,
AND-OTHER TERMS AND CONDITIONS OF EMPLOYMENT
WHEREAS, the current Memorandum of Understanding ( "MOU ") between the
City of Lynwood and the Lynwood Employees' Association (LEA) /American Federation
of State, County and Municipal Employees, Local 1920 (AFSCME) expired on June 30,
2015; and
WHEREAS, collective bargaining was conducted in good faith between the City
and Lynwood Employees' Association (LEA) /American Federation of State, County and
Municipal Employees, Local 1920 (AFSCME) in accordance with the provisions of the
Myers - Milias Brown Act; and
WHEREAS, mutual agreement between the two parties has been reached.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The attached comprehensive MOU (Exhibit A), which includes all
agreed upon hours, wages, and other terms and conditions of employment and
supersedes any previous collective bargaining agreements between the City of
Lynwood and the Lynwood Employees' Association (LEA) /American Federation of
State, County and Municipal Employees, Local 1920 (AFSCME), is adopted.
Section 2. The City Manager is authorized to amend any current policies and
procedures as necessary to reflect the provisions of the attached MOU.
Section 3. That the City Manager or his designee may carry out any
transactions that may be necessary as so ordered by this resolution.
Section 4. This Resolution shall become effective immediately upon its
adoption.
PASSED, APPROVED and ADOPTED this 15th day of September, 2015.
ATTEST:
Maria Quinonez, Wity Clerk
APPROVED AS TO FORM:
Cw
David A.1 Garcia, City Attorney
APPROVED AS TO CONTENT:
J. Arnoldo Beltran, City Manager
[THIS SPACE INTENTIONALLY LEFT BLANK]
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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 15th day of September, 2015.
AYES: COUNCIL MEMBERS ALATORRE, CASTRO, HERNANDEZ,
SANTILLAN-BEAS AND SOLACHE
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Maria Quinonez,
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
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. 2015.159 on file in my office and that said Resolution was adopted on
the date and by the vote therein stated. Dated this 15th day of September, 2015.
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF LYNWOOD AND
THE LYNWOOD EMPLOYEES' ASSOCIATION /AFSCME LOCAL 920
FOR SUBMISSION TO THE LYNWOOD CITY COUNCIL
July 1, 2015 to June 30, 2016
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TABLE OF CONTENTS
ARTICLE 1
IMPLEMENTATION . . . . . . . . . . . . . . . . .
1
ARTICLE 2
EMPLOYEE ORGANIZATION RECOGNITION .....
1
ARTICLE 3
EMPLOYEE ORGANIZATION DUES DEDUCTION
1
ARTICLE 4
NON - DISCRIMINATION PLEDGE. . - - - - - - - - - - - - -
3
ARTICLE
CITY RIGHTS - ----------------- ---- -- -- - - - - --
3
ARTICLE 6'
ASSOCIATION RIGHTS ......................
4
ARTICLE
NO STRIKE - - - - -- -- - - ---.. ------------ - - - - --
5
ARTICLE 8
HOURS OF WORK ...........................
6
ARTICLE 9
ATTENDANCE . ...............................
6
ARTICLE 10
SALARIES / WAGES ...........................
7
ARTICLE 11
STEP INCREASES ............................
8
ARTICLE 12
LONGEVITY PAY .............................
9
ARTICLE 13
ACTING SUPERVISORY PAY ................
9
ARTICLE 14
ADDITIONAL DUTIES PAY .....................
10
ARTICLE 15
PROJECT COORDINATOR PAY - - - - - - - - - - - - - - - -
10
ARTICLE 16
STANDBY PAY ...............................
10
ARTICLE 17
CALL BACK PAY .............................
11
ARTICLE 18
BILINGUAL PAY ..............................
11
ARTICLE 19
SHIFT DIFFERENTIAL PAY ....................
12
ARTICLE 20
EDUCATIONAL INCENTIVE PAY ..............
12
ARTICLE 21
UNIFORM AND CLOTHING ALLOWANCE ........
13
ARTICLE 22
MILEAGE REIMBURSEMENT ..................
14
ARTICLE 23
OVERTIME . ...............................
14
ARTICLE 24
ELIMINATION OF EXEMPT STATUS--- - -- - - - - - - -
15
ARTICLE 25
EMPLOYEE INSURANCE COVERAGE ..........
15
ARTICLE 26
WORK RELATED INJURIES .....................
17
ARTICLE 27
SICK LEAVE POLICY _ _ _ _ _ _ _ _
17
ARTICLE 28
BEREAVEMENT LEAVE .............. . .........
18
ARTICLE 29
EMERGENCY LEAVE ..........................
19
ARTICLE 30
JURY DUTY - - - - -- - ----- ------- -- - -- --- -- - - --
19
ARTICLE 31
MILITARY LEAVE ...-- ----- ------ ------- -- -. --
19
ARTICLE 32
UNPAID LEAVE OF ABSENCE ...................
19
ARTICLE 33
FAMILY CARE AND MEDICAL LEAVE POLICY......
20
ARTICLE 34
HOLIDAYS ... ...............................
26
ARTICLE 35
ANNUAL VACATION LEAVE ......................
28
ARTICLE 36
LEAVE BENEFIT ACCRUAL RATES . _ _ _ _ _ _ _
29
ARTICLE 37
RETIREMENT POLICY ........................ . . .
30
ARTICLE 38
GRIEVANCE AND DISCIPLINARY APPEAL
PROCEDURE ..........................
31
ARTICLE 39
LAYOFF -------- --------- ----- -- ---- -- -- -- --
33
ARTICLE 40
FULL FAITH AND CREDIT CLAUSE .............
35
ARTICLE 41
SAVINGS CLAUSE --------- ----- - - ---- - - - - ---
35
ARTICLE 42
PROMOTIONAL OPPORTUNITIES ..............
35
ARTICLE 43
RENEGOTIATION ..........................
35
ARTICLE 44
TERM --- - - - - -- - -------------------- - - - - -- - -
35
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ARTICLE 1
IMPLEMENTATION
The wages, hours and conditions of employment that are set forth in this Memorandum
of Understanding (hereinafter called the "MOU ") have been discussed and jointly proposed by
and between representatives of the Municipal Employee Relations Officer of the City of Lynwood
(hereinafter called "City ") and representatives of the Lynwood Employees' Association, AFSCME
Local 1920 (hereinafter called "Association "), and shall apply to all employees of the City working in
the classifications as set forth in Exhibit A. The terms and conditions of employment that are set
forth in this MOU have been discussed in good faith between the City and the Association; the
representatives of the Association represent that the general membership of the Association have
ratified this MOU, and the Municipal Employees Relations Officer agrees to recommend to the
Lynwood City Council the adoption of this MOU in its current form or through a separate resolution
that incorporates all of the items and conditions of employment as set forth herein. Upon the
adoption of such a resolution, all terms and conditions of this MOU, shall become effective as
provided without any further action by either party.
ARTICLE 2
EMPLOYEE ORGANIZATION RECOGNITION
The City continues to recognize the Association as the recognized employee organization
for all non -fire, non - management hourly or part-time classifications (hereinafter called the "Unit")
which are approved and listed in Exhibit A or hereinafter approved by the City to the fullest extent
allowable under California law applying to public employees and as further defined in Resolution
2002.103, adopted by the Lynwood City Council on July 16, 2002. The Association agrees to
indemnify and hold the City harmless against any and all suits, claims, demands and liabilities that
may arise out of or by reason of any action that shall be taken by the City for the purpose of complying
with this Article.
It is understood and agreed that all non - management staff within the City Manager's
Department; Payroll Specialist in the Finance and Administration Department and Office
Assistant II in the Human Resources Department are confidential positions and which are not
included in the Association represented Unit.
ARTICLE 3
EMPLOYEE ORGANIZATION DUES DEDUCTION
Section 1 - Payroll Deductions
The City shall deduct from each Unit member's first and second paycheck of each
month and remit to the Association all such monies as are authorized in writing either by the
employees individually or pursuant to the City's agency shop agreement with the Association,
to the extent required by law. Such employee authorizations shall comply with appropriate laws
and regulations, and shall be made on a form provided by the City.
Section 2- Agency Sho
In early 2009, the Association and the City jointly requested a card check election to
implement an "agency shop" arrangement per Government Code Section 3502.5, which was
approved by notice from the State of California Department of Industrial Relations by letter dated
April 4, 2009. As a result, all employees in the Unit were required as a condition of continued
employment effective with the July 16, 2009 payroll, either to join the Association or to pay the
Association a "service fee" in an amount not to exceed the standard initiation fee, periodic
dues, and general assessments of the Association. The Association shall keep an adequate
itemized record of its financial transactions and shall make available annually,. to the City, and
to the employees who are members of the Group, within 60 days after the end of its fiscal year,
a detailed written financial report thereof in the form of a balance sheet and an operating
statement, certified as to accuracy by its president and treasurer or corresponding principal
officer, or by a certified public accountant. An employee organization required to file financial
reports under Section 3546.5, may satisfy the financial reporting requirement of this section by
providing the City with a copy of the financial reports.
The Association member dues and non - member fees for full -time represented
employees, defined as those employees working more than twenty (20) hours per week, shall
be thirty-six dollars and twenty cents ($36.20) per month. The non- CalPERS part time /hourly
Association member dues and non - member fees for those part -time represented employees
working less than twenty (20) hours, but not less than twelve (12) hours, per week shall be
twenty -seven dollars and ten cents ($27.10) per month. The non- CalPERS part time /hourly
Association member dues and non - member fees for those part-time represented employees working
less than twelve (12) hours per week shall be eighteen dollars and forty cents ($18.40) per month.
All Association dues or fees shall be made by payroll deduction as required by Government Code
section 3508.5. Payroll deduction will be conducted on a bi- monthly basis (two times per month
unless there are three pay days in one month, then the third pay day will be exempt from service .
fee and /or dues collection).
Pursuant to Government Code Section 3502.5 (c), an employee who is a member of
a bona fide religion, body, or sect that has historically held conscientious objections to joining or
financially supporting public employee organizations shall not be required to join or financially
support a public employee organization as a condition of employment. The employee shall be
required, in lieu of periodic dues, initiation fees, or agency shop fees, to pay sums equal to the
dues, initiation fees, or agency shop fees to a nonreligious, nonlabor charitable fund exempt
from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the employee
from the following list of three of qualifying funds: the American Cancer Society, Cystic Fibrosis
Foundation, and the Junior Blind of America. Proof of the payments shall be made by the
employee to the City on a monthly basis as a condition of continued exemption from the
requirement of financial support to the Association.
The Association shall have a duty to defend and shall indemnify and hold harmless the
City against any liability arising from a claim, demand, or other action relating to dues deduction,
agency shop, or any provision or obligation set forth in this Section. The City reserves the right
to select its own counsel for its defense hereunder at the Association's expense.
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ARTICLE 4
NON - DISCRIMINATION PLEDGE
It is agreed that neither the City nor the Association shall discriminate against
any employee because of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information, marital status, sex, gender,
gender identity, age, sexual orientation of any person, Association membership or activity or
political affiliation. This prohibition shall include any other protected characteristics not mentioned
here as may be subsequently required by law pursuant to Government Code Section
12940.
ARTICLE 5
CITY RIGHTS
Section 1
It is understood and agreed that the City retains all of its powers and authority to direct,
manage and control its operations to the full extent of the law. Said powers and authority include,
but are not limited to, the exclusive rights to: determine its organization; direct the work of its
employees; determine the times of operation; determine the kinds and levels of services to be
provided, and the methods and means of providing them; establish its policies, goals and
objectives; determine staffing patterns, determine the number and kinds of personnel required;
maintain the efficiency of City operations; build, move, modify or close facilities; establish budget
procedures and determine budgetary allocations; determine the methods of raising revenue;
contract out work; and take action on matters in the event of emergency. In addition, the City
retains the right to hire, classify, assign, evaluate, transfer, promote, terminate and discipline
employees. Subject to any rights of employee provided in this MOU or applicable law.
Section 2
In cases of emergency, the City retains its right to amend, modify or rescind provisions
of this MOU. Such amendment, modification or recession all remain in force only for the period of
the emergency. The determination of whether or not an emergency exists is solely within
the discretion of the City Council
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ARTICLE 6
ASSOCIATION RIGHTS
The Association shall have the right to conduct Association business as follows:
A) The right to use City facilities to. hold official scheduled meetings regarding
Association business. The right to use City equipment including telephones and
photocopiers for reasonable Association purposes in an amount not to exceed
fifty dollars ($50) per month. If the amount exceeds the $50 limit, then the
Association shall reimburse the City for such costs, including copy charges of
three cents (3¢) and five cents (5¢) per page for letter or legal size copies,
respectively, and eight cents (8¢) and fifteen cents (15¢) for color copies of
same. Reasonable Association purposes and /or business shall not include
administrative claims or proceedings, civil proceedings, political activities,
campaigning, or any decertification or representation disputes with any other
employee organization or association.
B) The right to post information concerning elections, benefits, notices, reports,
programs and promotions. (Bulletin Board).
C) The right to notice by the City of new employees in the unit. Such notice
shall include name, home address, home phone number, classification, work hours,
department, starting salary, and work location.
D) The Human Resources Department shall distribute informational materials provided
by the Association to new employees and fifteen (15) minutes will beset aside for
the employee to meet with an Association representative during the in- processing
orientation. Any additional meetings between new hires and Association Shop
Stewards shall be outside normal business hours.
E) The right to designate authorized representatives who shall have access to
work locations and employees subject to Department Head approval, when
such access does not unduly interfere with departmental operations and is
in the course of grievance resolution. The Association may designate one Shop
Steward per department. The appropriate steward shall request in writing and shall
be allowed reasonable time off during duty hours for this purpose, provided the
time requested does not substantially impact departmental operations. In the event
the steward cannot be released as requested, the supervisor shall provide an
alternate time within the next forty-eight (48) hours. In the event that an alternate
time is provided, all time limits in the grievance procedure shall be extended
for an amount of time equal to the delay. Stewards shall be designated in advance
by written notice from the Association to the Human Resources Director and
the Steward's Departmental Director.
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F) The Association shall be allowed the use of the City's intranet for purposes of
Association communications. As the City Manager's Designee, the Human
Resources Director or any staff member in the HR Department designated by the
HR Director will provide final review and approval of all related
content/information.
G) The Association shall be entitled to hold four (4) one -hour meetings annually or
one per quarter during duty hours. These meetings will be held from 5:00 — 6:00
p.m. and all, as reasonably possible, Association represented employees shall be
released from work in order to attend.
H) During successor MOU negotiations, the Association to request, and HR Director
to review and approve, appropriate and reasonable release time during duty
hours for designated Association representatives to prepare for and attend labor
negotiation meetings with the City negotiation representatives.
ARTICLE 7
NO STRIKE
Section 1 Prohibited Conduct
A) The Association, its officers, agents, representatives and or members agree that
during the term of this MOU they will not cause or condone any strike, walkout,
slowdown, sick -out, or any other job action by withholding or refusing to perform
services.
B) Any employee who participates in any conduct prohibited in subsection A above,
shall be subject to termination by the City.
C) In addition to any other remedies or disciplinary actions available to the City if
the Association fails, in good faith, to perform all responsibilities listed below in
Section 2 A below, the City may suspend any and all of the rights, privileges,
accorded to the Association under the Employer - Employee Relations Resolution
in this MOU including, but not limited to, right of access, check -off, the use of
the City bulletin boards and facilities.
Section 2 Association Responsibility
A) In the event that the Association, its officers agents, representatives, or members
engage in any of the conduct prohibited in Section 1 A, above, the Association
shall immediately instruct any persons engaging in such conduct is in violation
of this MOU and unlawful and they must immediately cease engaging in
conduct prohibited in Section 1 A, and return to work.
B) If the Association performs all of the responsibilities set forth in Section 2 A
above, then its officers, agents, representatives shall not be liable for
damages for prohibited conduct performed by employees who are covered
.by this MOU in violation of Section 2 A above.
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ARTICLE 8
HOURS OF WORK
All classified City employees shall work five (5) eight (8) hour shifts per week, Monday
through Friday, except as designated by other resolutions and ordinances enacted by the City Council
and by directives of the City Manager acting within the framework of said resolutions and
ordinances.
Resolution 76 -86 provides that no CaIPERS eligible hourly person, temporary help or
seasonal worker shall not work more than thirty -five (35) hours in any week.
Non- CaIPERS hourly part-time person, temporary help or seasonal worker shall not work
more than twenty (20) hours in any week.
All employees covered by this MOU shall continue to be eligible to work a compressed
workweek (4/10 or 9/80) or flexible work schedule as mutually agreed between the employee and
department head and approved by the City Manager or his designee.
ARTICLE 9
ATTENDANCE
Employees shall be in attendance at their work in accordance with the rules regarding
hours of work, holidays and leaves. If an employee is unable to report to work, he /she must notify
his supervisor in accordance with departmental policy. Failure to do so may result in disciplinary
action. Any employee who is unable to report to work for a period in excess of ten (10) working
days must be on paid leave status (vacation, holiday or sick leave) or must apply to the department
head for an unpaid leave of absence. Failure on the part of an employee, absent without leave, to
return to duty within twenty -four (24) hours after notice to return shall be deemed a resignation
unless an acceptable reason is given. Such notice to return shall be sent by registered mail to the
addressee only, return receipt requested. It is the responsibility of the employee to notify the
supervisor and the Human Resources Department of any change of address or telephone number.
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ARTICLE 10
SALARIESM/AGES
Section 1
During the term of this Agreement, employees shall not receive a salary adjustment.
Section 2 - Employer Paid Member Contributions to CaIPERS
Effective the start of the first full pay period in January 2012 and prior to this MOU,
CalPERS eligible employees in the Unit previously received a two percent (2 %) Cost of Living
Adjustment ( "COLA ") on the condition that they also paid at least two percent (2 %) of the
Employer Paid Member Contribution being paid by the City to CalPERS through payroll
withholding. In other words, CalPERS eligible employees began contributing two percent (2 %)
of their PERSable compensation to CalPERS via payroll pre -tax deduction and the City
continued to pay the remaining six percent (6 %) on behalf of eligible employees hired before
January 1, 2011. Employees hired on or after January 1, 2011 receive no EPMC and are
required to pay their full eight percent (8 %) member contribution to CaIPERS.
Effective the start of the first full pay period in January 2013, all CalPERS eligible
employees in the Unit shall cease receiving any Employer Paid Member Contribution being paid
by the City to CaIPERS. In other words, all Association represented CalPERS eligible
employees regardless of hire date shall be responsible for their full eight percent (8 %) member
contribution to CaIPERS.
Section 3 -Mandatory Direct Deposit
All Unit members shall be on mandatory electronic direct deposit.
Section 4 - Unpaid Furlough Days /Reorganization /Non- Reduction
A) Employees shall be subject to Thirty (30) hours of unpaid furlough time as an
hourly base rate reduction from the pay period beginning
September 13, 2015 to the last pay period in fiscal year
2015 -16. The City agrees that the thirty hours of the
unpaid furloughs shall be served on December 28, 29, and
30, 2015 ( "Holiday furlough period "). Employees shall utilize
ten hours of personal, vacation, or floating holiday leave on December
31, 2015. Employees who do not have sufficient accrued personal,
floating holiday, or vacation hours, shall be allowed to use ten (10)
hours of the personal leave bank earned on January 1, 2016 and shall
only accrue ten (10) hours of personal leave in calendar year 2016.
Some rotating staff may be assigned to work during t h e Holiday furlough period
(example, duty staff) for public response services.
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B) The City shall "smooth" the financial impact of the
thirty(30) hours of furlough during the Holiday
Furlough Period This means that the thirty (30)furlough hours
shall be treated as a salary reduction spread evenly out over the pay
periods from S e p t e m b e r 13, 2 01 5 through the final payperiod of the
2015 -16 Fiscal Year. In the event that an employee separates from
employment before January 1, 2016, the employee shall not be entitled to
a restoration of the salary reduction at the time of their separation.
If an employee separates from employment between January 1 and
June 30, 2016, no adjustments shall be made to payroll based upon' number
of furlough days taken or not taken at time of separation.
C) During the period of July 1, 2015 to June 30, 2016 the City will not permanently reduce
the hours or layoff any LEA/AFSCME members as allowed under the Meyers Mllias
Brown Act or the City's Municipal Code. Further, the City shall not modify the duties
or responsibilities of the Deputy City Treasurer position from July 1, 2015 to June
30, 2016.
D) The parties further agree that they shall continue to meet and confer regarding a plan
of reorganization and agree to complete this meet and confer process so that the
reorganization shall be effective on December 1, 2015.
E) In order to achieve labor cost savings, the City, agrees that it shall not fill the following
LEA- represented positions until the indicated dates:
(1) Parking Enforcement Officer (two positions) — not fill until September 1, 2015
(2) Building Maintenance Worker — not fill until October 1, 2015
(3) Executive Assistant to the City Clerk — not fill until July 1, 2016
(4) Part-Time Accountant Assistant— not fill until.July 1, 2016
ARTICLE 11
STEPINCREASES
Employees are eligible for a step increase upon successful completion of probation and
thereafter will be considered on the basis of merit after intervals of one (1) year.
Section 1
Any employee hired or promoted to Step A of a different range of pay, shall receive the Step
B salary at the successful completion of the probationary period. Increases to Step C, D and E within
any pay range shall be based on satisfactory job performance by the individual and shall be reviewed
at least at the following time intervals:
Step C - One (1) year afterthe 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 Unit, shall
be appointed at the first step of the salary range to which their class is assigned, except when the
education and previous training or experience of a proposed employee are substantially superior
to those required of the class and justify a beginning salary in excess of such minimum compensation.
Upon recommendation of the department head, the City Manager may authorize an appointment to
this position at any higher step. The department head shall submit his recommendation to the
City Manager in such form, together with such information as the City Manager may require.
The provisions of this Article do not apply to those hired or employed on an hourly basis.
ARTICLE 12
LONGEVITY PAY
A longevity pay program is hereby established for regular full -time City employees as follows:
1 % of base salary at the end of seven (7) years of service; and an additional
1 % of base salary at the end of twelve (12) years of service; and an additional
1 % of base salary at the end of seventeen (17) years of service; and an additional
Effective 7 -1 -95:
2% of base salary at the end of twenty -two (22) years of service
The additional percent(s) to base salary shall be paid on normally assigned position and
not any temporary or special assignment. In addition, benefits shall not accrue during the term of
an unpaid leave of absence nor does such time count as service time for step increases, seniority
or other purposes.
ARTICLE 13
ACTING SUPERVISORY PAY
At such time as a supervisory position becomes temporarily vacant for reasons of sick
leave, leave'of absence or injury on duty status, a civil service employee may be assigned the
supervisory duties and designated as "acting." Further, at such time a supervisory position
becomes vacant on other than a temporary basis as described above, i.e., without an incumbent, a
civil service employee, who has less than the minimum training or experience requirements for
temporary appointment, may be assigned the duties and designated as "acting" upon
determination by the department head (or City Manager, if appropriate) that said employee is best
qualified to perform all or a substantial portion of the duties of the supervisory position. The
selection of the employee for "acting" status shall be within the sole discretion of the department
head. Employees acting in a supervisory position shall not be entitled to any additional
compensation for doing so unless they work eight (8) or more days in that assignment at which
time they shall be entitled to acting compensation retroactive to the first day of that assignment.
Such compensation shall continue until such time as the incumbent returns or, in the case of a
position being vacant, the employee meets the temporary appointment requirements. Acting
compensation is at the step rate in the supervisory position range which exceeds but is closest to
the employee's current rate of pay in the permanent position or one - hundred fifty dollars_ ($150.00)
per month, whichever is less. Part-time employees are excluded from this provision.
ARTICLE 14
ADDITIONAL DUTIES PAY
When an ' employee is officially determined by their Department Head and the HR
Director to be temporarily performing additional duties outside his /her classification, such employee
shall be compensated . an additional five (5) percent above their base salary for the time spent
performing those additional duties. Eligibility for the additional pay shall commence after fourteen
(14) consecutive days of performing the additional duties and shall not be retroactive. Any
employee receiving Acting Duty Pay or Project Coordinator Pay for performing duties outside the
employee's classification shall not be eligible for Additional Duties Pay for performing those same
duties for which they are already being compensated.
ARTICLE 15
PROJECT COORDINATOR PAY
Upon recommendation of the respective department head, and review and approval
by the HR Director and City Manager, employees are eligible for Project Coordinator Pay
in increments of one hundred dollars ($100) up to a maximum of five hundred dollars ($500)
per month. Project Coordinator Pay is intended for performing duties on a project basis outside
an employee's job classification and is limited to a twelve (12) month (one calendar year)
period unless otherwise approved by the City Manager or his /her designee. Any employee
receiving Acting Duty Pay or Additional Duties Pay for performing duties outside the employee's
classification shall not be eligible for Project Coordinator Pay for performing those same duties
for which they are already being compensated.
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ARTICLE 16
STANDBY PAY
All non - management, except hourly employees, in the Recreation and Community
Services and Public Works Department who have experience and training to perform call back
duties are eligible for standby duty.
When an employee is required to be available for immediate emergency call back at times
the employee is not otherwise on duty, the employee shall be compensated at the rate of twenty
dollars ($20.00) per shift, which constitutes Standby Pay.
All employees during the period they are scheduled for such duty shall perform
such services as may be designated by the City Manager or his designee and shall be available
at all times during the duty shifts for emergency work. No overtime credit shall be accrued to
employees on standby shifts. However, the call back pay provisions, as provided in Article 17 of
this MOU, apply when an employee on standby duty is required to return to work.
The City shall have one combined standby crew for Public Works and Recreation and
Community Services call backs.
Part-time employees shall not be assigned to standby duty.
A standby shift for a working day is hereby fixed as a duty period extending from 5:00
PM to 6:30AM of the following day. From 6:30AM on Fridays (4/10 work week), Saturdays,
Sundays, and holidays to 6:30AM of the following day shall be considered as two (2) standby shifts
and the employee will be paid forty dollars ($40.00).
ARTICLE 17
CALL BACK PAY
Call back pay is work incurred at the direction of the supervisor, department head or
City Manager wherein City employees are ordered to return to work for the welfare of the public and
the City. In the event an employee, including an employee on standby, is called back or required
to report to work, such employee shall be paid a minimum of two and one -half hour at the rate of
pay applicable under the Fair Labor Standards Act (time and one -half of the regular rate if the
hours worked exceed forty (40) in the work week). Response to further emergency calls within the
paid two and one =half (2'/) hour minimum period do not result in additional two and one half (2 Y2)
hour minimum periods. Call back time begins from the time the employee reaches the place of
employment. Regular standby shifts are not considered overtime and are covered elsewhere in
this MOU. Part-time employees are excluded from the provisions of this Article.
ARTICLE 18
BILINGUAL PAY
The City Manager may grant compensation to full -time employees who have passed
their initial probationary period and Ca1PERS eligible part -time employees for using bilingual skills in
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the course of work, providing that such use is for at least twenty percent (20 %) of the employee's
working time for either written or oral communication.
Employees required to use bilingual skills in the course of their work may request bilingual
pay by-submitting written justification approved by the department head to the City Manager.
Those employees approved for bilingual pay shall be required to pass a language
proficiency examination.
Bilingual pay shall be fifty dollars ($50.00) per month paid on a bi- weekly basis effective
the first full pay period after the first of the month following the submission of a personnel status
form with proper approval.
ARTICLE 19
SHIFT DIFFERENTIAL PAY
CalPERS Eligible employees shall receive a Shift Differential Pay of $1.00 per hour
when scheduled after 6:OOP.M. and before 7:OOA.M. This is the only Shift Differential Pay available
and is intended solely for enforcement - related personnel as part of their regularly scheduled
evening shifts after normal working hours. This Shift Differential Pay does not apply to public
emergency response situations where standard overtime rules exist.
ARTICLE 20
EDUCATION INCENTIVE PAY
To encourage employees in undertaking outside study to the end that they may perform
their duties in a more efficient manner, a system of education incentive pay, over and above
established pay schedules, is hereby established.
Effective the first full pay period following ratification, Education Incentive Pay is allowable
for completed courses of approved subjects at accredited schools, and is fixed at one dollar ($1.00)
per month for each semester unit of credit satisfactorily completed by the employee with a grade of
"C" or better. A quarter unit is the equivalent of a semester unit and. is compensated at one dollar
($1.00) per month for each semester unit. Maximum pay is fixed at one - hundred fifty dollars
($150.00) per month.
All courses of study must have prior approval by the employee's department head and the
City Manager in order to receive education credit. Accredited schools are herein defined as
colleges, junior colleges, universities or other accredited schools providing college credit as may be
approved by the City Manager.
The City will pay up to one - hundred dollars ($100.00) per month incentive to
Civil Engineering Assistants upon certification from the California State Board 'of Registry as a
Certified Professional Engineer (Civil). The City will pay up to one - hundred dollars ($100.00) per
month incentive to Water Service Workers upon receipt of a Grade II Water Treatment
Operator Certificate or Water Backflow Tester Certificate and up to one - hundred dollars ($100.00)
per month incentive to Code Enforcement Officers, Building Inspector and Housing Rehabilitation
Specialists upon certification from the International Conference of Building Officials as a Building
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Inspector or from NAHRO as a Construction Rehabilitation Specialist.
Suitable written certification from the school or granting agency showing satisfactory
completion of each course or program shall be submitted to the Human Resources Division for
personnel records. Education Incentive pay shall commence the first full pay period in the month
following the submission of written certification.
The City will contribute one - hundred percent (100 %) of the cost of tuition fees for
such courses, up to seven - hundred fifty dollars ($750.00) per semester or quarter course while the
employee is accruing the one - hundred fifty dollars ($150.00) per month maximum education
incentive pay. The maximum City contribution to cost of tuition and books is one - thousand five -
hundred dollars ($1,500.00) annually. Tuition Reimbursement Program guidelines are available
through the Human Resources Division.
The provisions of this section do not apply to part-time employees or employees
undertaking an approved course during a regular work day or assigned shift.
ARTICLE 21
UNIFORM AND CLOTHING ALLOWANCE
The City shall furnish annually to all hourly Recreation employees three (3) shirts and
one (1) windbreaker identifying them as City employees. All Natatorium personnel shall be
provided with one (1) swimsuit annually to identify them as City employees.
The City will furnish Public Works Department employees whose duties require uniforms,
three (3) uniform changes per week plus two (2) additional laundered shirts per week.
Employees identified below that are required to wear OSHA safety boots /shoes shall
receive one - hundred fifty dollars ($150.00) as a uniform allowance annually. The allowance is
taxable and will be included within the employee's paycheck.
Positions entitled to uniform and /or clothing allowances are identified below as follows:
Street Maintenance Worker
Street Maintenance Lead Worker
Senior Street Maintenance Worker
Maintenance Worker / Laborer (Assigned to Street, Water, Right -of -Way, Grounds Maintenance)
Water Service Worker
Water Service Worker II Water
Service Lead Worker Senior
Water Service Worker
Electrical Maintenance Worker
Park Maintenance Lead
Worker Building Maintenance
Worker Custodian
Public Works Inspector
Utility Worker
Code Enforcement Officer
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ARTICLE 22
MILEAGE REIMBURSEMENT
With the approval of the department head and the City Manager, the City will reimburse
full -time and part-time employees required to use their personal vehicles for the purpose of
conducting City business at the current rate contained in the Internal Revenue Service code book
at the time of use.
Necessity for and payment of out -of -town mileage must be approved by the employee's
supervisor. The employee must document the date, destination and beginning and ending
odometer from his or her vehicle in supporting the request. Said information must be logged on
Mileage Claim Form when requesting payment.
ARTICLE 23
OVERTIME
Section 1 Definition
Time worked over and' above the forty (40) hour work week which the supervisor has
determined is required for the employee to complete assigned work. Time shall be allowed in
increments of 1/4 hour. Hours not worked, such as sick leave, vacation and floating holidays are
not counted as time worked when computing overtime. Those holidays identified in Article 35,
Section 2, shall be counted as time worked when computing overtime.
Section 2 Methods of Overtime Compensation
An employee who works in excess of forty (40) hours in a workweek shall receive
compensatory time at the rate of 1.5 hours for each hour worked in excess of forty (40) per
workweek to a maximum of sixty (60) hours of compensatory time. An employee has the option of
either pay for overtime or accrual of overtime to the maximum hours allowed by marking the
appropriate section on the timecard for the payroll period during which the overtime was worked.
Any hours in excess of sixty (60) hours will be paid. Accumulated compensatory time up to the
sixty (60) hour maximum will only be paid as described below or upon termination.
The City will allow for thirty (30) hours of buy back of accrued compensatory time. In
addition, for converting other forms of leave to cash, excluding sick leave, please see Article
36, Annual Vacation Leave. The form will be available in the Human Resources Department.
The City reserves the right to reject a request to take compensatory time if it determines
that the absence of the employee at the time requested would unduly disrupt the City's operations.
Section 3 Procedures for Reporting Overtime
Overtime should be reported as actual hours on the appropriate line provided on the
time card, i.e., overtime to be paid or overtime to be accrued. Finance will do all the necessary
calculations. Cumulative totals will be reported on the employee's check as is current practice.
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ARTICLE 24
ELIMINATION OF EXEMPT STATUS
Effective July 1, 1982, all full -time employees who are in classifications covered by this
MOU shall no longer be considered "Exempt ". All such employees shall be subject to all provisions of
this MOU except that any employee who was hired as an "Exempt" employee prior to July 1, 1982
and has not completed the probationary period shall be entitled to accrue and use holidays
and vacation during such probation.
ARTICLE 25
EMPLOYEES' INSURANCE COVERAGE
The City shall provide funding for medical expenditures as follows:
A) The City is a contracting agency for participation in the Public Employees' Medical
and Hospital Care Act ( "PEMHCA "). Government Code Section § 22892 provides
for the minimum employer contributions to allow enrollment in PEMHCA.
B) Effective January 1, 2013, the City's minimum contribution to PEMHCA was increased
from one hundred twelve dollars ($112.00) to one hundred fifteen dollars ($115.00)
per month and shall from calendar year to calendar year, continue to be
adjusted to correspond with statutory amended minimum employer contribution
rates.
C) For each employee in the represented Unit hired prior to January 1, 2009, the City
will fund an amount which, when added to the minimum mandated employer
contributions to participate in PEMHCA, equals the Other Southern California
Region" (as defined by PEMHCA) Family Premium Rate for Kaiser coverage, as
that amount from time to time exists. This funding will be implemented by a
combination of (a) direct contributions by the City to CalPERS of eighty percent
(80 %) of the "Other Southern California Region" (as defined by PEMHCA) Family
Premium Rate for Kaiser coverage and (b) direct contributions by the City of twenty
percent (20 %) of "Other Southern California Region" (as defined by PEMHCA)
Family Premium Rate for Kaiser coverage under a health reimbursement
arrangement maintained forthose employees by the City.
D) For each employee in the represented Unit hired on and after January 1, 2009,
the City will fund an amount which, when added to the minimum mandated
employer contributions to participate in PEMHCA, equals eighty percent (80 %) of
the "Los Angeles Area Region" (as defined by PEMHCA) Kaiser Family coverage
rate.
E) The balance of any premiums due for coverage selected by the employee for the
employee and eligible dependents will be funded under a cafeteria plan by payroll
deductions from each such employee.
F) For employees hired on or after September 1, 2011, the City has "capped" City paid
health insurance at one thousand one hundred twenty -eight dollars and forty cents
($1128.40) per month, which at that time was the rate of the Kaiser Family Los
Angeles Region coverage for calendar year 2011. Note: this means that
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employees hired on or after September 1, 2011 are responsible for paying the
difference for calendar year 2012 and beyond on any increases to health insurance
above the capped amount.
G) Regardless of date of hire, an employee may select any of the Health Insurance
Plans offered through PEMHCA, for the employee and any eligible dependents.
H) With verifiable proof of non -City health benefits coverage as determined by the HR
Director, employees shall be eligible to receive either cash -in -lieu of benefits on a
post -tax basis or a contribution in lieu of benefits to deferred compensation on a
pre -tax basis in an amount equivalent to the Los Angeles county Kaiser "Employee
Only" rate or five hundred dollars ($500) per month, whichever is less.
Caveat: If an administrative or judicial entity finds this Article to be invalid or of negative financial
impact to the City, to its employees and /or to the provision of these benefits, the parties agree that this
Article XVIII shall be immediately subject to a meet and confer reopener. The parties do further
agree that a substitute provision resulting from the meet and confer process shall result in no greater
economic expenditure to the City then that which would have occurred pursuant to the above
provisions.
The City will continue to pay the full cost of dental plan premiums for fulltime and CaIPERS
eligible part-time employees and their eligible dependents for the duration of this MOU. The City further
agrees to enhance the current dental benefits to include a retirement benefit for employees who retire
from active City service with at least five (5) years tenure with the City. Verification of CalPERS
retirement application will be required. In March of each year, the City will reimburse active
employees for dental plan deductibles incurred in the previous calendar year. Said reimbursement
also applies to hourly employees who are eligible for dental coverage.
The City shall continue to provide fifty- thousand dollars ($50,000.00) life insurance for all
full -time and CalPERS eligible part-time employees with the full cost of the premium paid by the City
inclusive of a retirement benefit.
The City shall continue to pay the full cost of Vision Plan premiums for all fulltime and
CalPERS eligible part time employees and their dependents inclusive of a retirement benefit
clause. The City will reimburse employees up to a maximum of thirty dollars ($30) per eligible
dependent/employee for vision co- payments incurred in the previous calendar year with proper
documentation.
The City shall continue to participate in the State Disability Insurance Program for Unit
members with the full cost of such plan to be paid by the City.
The City will contribute toward health and dental coverage for all part-time Unit employees
who pursuant to CalPERS regulations are members of CalPERS and mandated to participate in the
CalPERS health plan. Such benefit shall continue only for such time as CaIPERS requires such a
contribution.
The City shall implement an Employee Assistance Program (EAP) with the full insurance
premium incurred by the City for full -time and hourly CalPERS eligible employees.
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ARTICLE 26
WORK RELATED INJURIES
Under the provision of the Worker's Compensation Insurance and Safety Act of
California, employees are compensated for injuries sustained in the course of employment,
rendering them unable to perform their duties. The City shall provide full salary continuance for thirty
(30) calendar days to an employee who is disabled by injury or illness arising out of and in the
course of his /her or her duties. Time off work due to an on-the-job injury is not deductible from
accumulated sick leave for period not to exceed thirty (30) calendar days. However, there is a three
(3) day waiting period which at that time an employee will have to use accrual sick time. The salary
continuation may be extended beyond thirty (30) days on a case -by -case basis as approved by the
City Manager.
Thereafter, compensation shall be only as provided in the Worker's Compensation
Insurance and Safety Act.
Part-time employees are excluded from the provisions of this Article relating to the
salary continuance.
ARTICLE 27
SICK LEAVE POLICY
Section 1 — Sick Leave Credit
Sick leave with pay shall be granted by the City Manager at the rate of one work day for
each calendar month of service accrued at 3.69 hours per pay period or prorated if not a full pay
period. Sick leave shall not be considered as a privilege which an employee may use at his or her
discretion, but shall be allowed only in case of necessity and actual sickness or disability. In no
event will sick leave with pay be granted in excess of that which is accrued.
Section 2 — Sick Leave Use
In order to receive compensation while absent on sick leave, the employee shall notify
his or her immediate supervisor prior to, or within two (2) hours after the time set for beginning
duty, unless notification is physically impractical. In addition, the employee must complete a "Request
for Time Off' form upon his/her return. Such form will need to be attached to his /her timesheet in order
to get compensation.
Section 3 — Physician's Certification
A. An employee shall provide a physician's certification or personal statement verifying that the
employee was absent from work due to injury or illness, whenever the employee is absent for
three (3) or more days.
B. The City may require a physician's release to return to work whenever the City has a
reasonable doubt as to an employee's ability to perform the essential functions of the employee's
position satisfactorily and safely.
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Section 4 — Sick Leave Accrual
There is no maximum sick leave credit that employees may accumulate.
Section 5 — Sick Leave Payoff Program
The Sick Leave Payoff Program may be used in one of three (3) circumstances: {1)
resignation or termination, (2) retirement (3) annual compensation. The Sick Leave Payoff Program
utilizes a maximum limit of 768 hours. The method of compensation shall be on a straight time pay
basis at the rate of pay in effect at the time of payoff.
A. Upon resignation or termination and only after ten (10) years of continuous City service, an
employee shall receive twenty -five (25 %) for unused sick leave hours up to 768 hours.
Resignation and termination shall exclude termination for cause and retirements.
B. Upon regular service (non - disability retirement, and employee shall receive fifty percent (50 %)
compensation for unused sick leave hours up to the maximum of 768 hours. Retirement shall
exclude disability retirements.
C. As part of an employee's annual compensation fifty percent (50 %) of sick leave earned beyond
768 hours shall be compensated annually to the employee at the end of each calendar year.
The remaining fifty percent (50 %) of such excess sick leave remains on the books but shall be
used for actual sick leave purposes only and shall not entitle the employee to any additional
compensation. Sick leave accrued beyond 768 hours shall be used prior to the earlier earned
sick leave. From July 1, 2015 to June 30, 2016, this section shall be suspended and the City
shall have no obligation to compensate employees for the excess sick leave accruals.
Section 6 — Miscellaneous Provisions
A. The City maintains the right to discipline any employee for abusive absenteeism.
B. In any calendar year, an employee shall be allowed to use sick leave accrued and available in
an amount not less than what would be accrued in six (6) months of employment to attend to
the illness of a child, parent or spouse of the employee. For purposes of this section, six
(6) months sick leave accrual will be based on thirteen (13) pay periods. It is not the intent of
this subsection to extend the maximum period of leave to which an employee is entitled under
Section 12945.2 of the Government Code or under the Federal Family and Medical Leave Act
of 1993, regardless of whether the employee receives sick leave compensation during that
leave.
ARTICLE 28
BEREAVEMENT LEAVE
In the event of a death in the employee's immediate family, the department head or
City Manager may grant a four (4) day bereavement leave with pay. "Immediate Family" is defined
as mother or father or grandparents of employee or spouse; spouse, brother, sister, children
or grandchildren of employee. In order to receive compensation, the employee must complete
the "Request For Time Off' form and attached verification such as a copy of the arbitrary or a copy
of the death certificate.
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Effective October 1, 1995, all part-time employees who have attained CalPERS eligibility
may be granted a three (3) day bereavement leave with pay under the same provisions as stated
above.
ARTICLE 29
EMERGENCY LEAVE
In the event of an emergency, the City Manager may grant the use of a maximum of two
(2) days sick leave annually as emergency leave. Application for emergency leave may be under
the following conditions: 1) Hospitalization or illness in immediate family (not covered under
Labor Code Section 233 /Sick Leave and, 2) Death in family not covered by bereavement leave. 3)
Other events which preclude the employee's attendance at work and which the department head
determines constitutes an emergency. if the department head denies an employee's request for
emergency leave, the employee may request in writing that the City Manager review the request.
The City Manager's decision shall be final.
Hourly employees are excluded from the provisions of the Article.
ARTICLE 30
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 of pay. The employee shall remit to
the City the amount paid by the courts minus any mileage reimbursement.
Service on a grand jury is specifically excluded from this Article.
ARTICLE 31
MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of federal and state law.
ARTICLE 32
UNPAID LEAVE OF ABSENCE
A permanent classified employee may be granted an unpaid leave of absence of up
to thirty (30) days for medical, personal and other reasons. Pregnancy shall be treated as any other
disability, except that beginning with the first day of absence from the job, a total of four (4) months
leave time with, and /or without, pay shall be granted if medically necessary to an employee
whether on temporary/hourly or permanent status. Additional time will be considered if the
employee remains disabled, and may be authorized subject to the needs of the service as are
other disability leaves. Extensions on other leave requests may also be granted for successive
periods of up to thirty (30) days each up to a maximum of one hundred eighty consecutive days
unless otherwise approved by the City Council only if the City Manager makes the recommendation.
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Benefits shall not accrue during the term of an unpaid leave of absence nor does such time count
as service time for step increases, seniority or other purposes. Available compensatory time off
and, in the case of a medical leave request, sick leave shall be used prior to the commencement
of a leave of absence. All requests for unpaid medical leave must be in writing and submitted for
department head and City Manager approval. The City Manager may approve up to thirty (30) days
unpaid leave for personal leave requests. All other requests for leaves of absence must be
submitted in writing and be approved by the City Council. Requests for medical leave and
extensions of medical leave must be accompanied by a certificate from the employee's physician
stating the necessity for the leave or extension. An employee returning from medical leave shall
present a certification from the employee's physician stating that the employee is able to return to
his /her normal work. The City may, whenever it appears justified, independently verify the
physician's statements provided for in this section. During the term of such medical leave the City
shall continue-to pay the health insurance premiums for the employee only.
Upon expiration of an approved unpaid leave of absence the employee shall be reinstated
in the position held at the time leave was granted. Failure on the part of an employee on leave to
report promptly at the expiration of such leave shall be cause for discharge.
Part-time employees are excluded from these provisions with the exception of
the pregnancy specification.
ARTICLE 33
FAMILY CARE AND MEDICAL LEAVE POLICY
Section 1 Statement Of Policy
In addition to other leaves available under this MOU and /or other City provided leaves
of absences, employees may also be eligible for leave under federal and state law.
The City will provide family and medical care leave for eligible employees as required
by state and federal law, including leaves under the Federal Family and Medical Leave
Act ( "FMLA "), the California Family Rights Act ( "CFRA "), and the California Paid Family
Leave insurance program ( "PFL ") also known as Family Temporary Disability Insurance
program.
An individual who is entitled to leave under the FMLA and the CFRA must take PFL
concurrent with leave taken under the FMLA and the CFRA.
Section 2 Definitions
In implementing this policy, the following definitions will apply:
A) "12 -Month Period" means a rolling 12 -month period measured backward from the
date leave is taken and continuous with each additional leave day taken.
B) "Parent" means the biological, foster, or adoptive parent of an employee or an
individual who stands or stood in loco parentis (in place of a parent) to an
employee when the employee was a child. This term does not include parents- in-
law.
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C) "Child" means a child under the age of eighteen (18) years of age, or eighteen
(18) years of age or older who is incapable of self care because of a mental or
physical disability. An employee's child is one for whom the .employee has actual
day -to -day responsibility for care and includes, a biological, adopted, foster or
step - child, a legal ward, a son or daughter of a domestic partner, or a son or
daughter who stands in loco parentis to that child.
D) "Spouse" means a husband or wife as defined or recognized under California
State law for purposes of marriage.
E) "Domestic Partner" means a partner as defined in Section 297 of the Family
Code.
F) "Family Member" means a child, parent, spouse, or domestic partner as defined in
this policy.
G) "Serious Health Condition" means an illness, injury impairment, or physical or
mental condition that involves:
1. Inpatient Care (i.e., an overnight stay) in a hospital, hospice, or
residential medical care facility, including any period of incapacity (i.e., inability
to work, or perform other regular daily activities due to the serious health
condition, treatment involved, or recovery there from); or
2. Continuing treatment by a health care provider: A serious health
condition involving continuing treatment by a health care provider as defined
under federal and /or state law.
H) "Health Care Provider" is defined pursuant to the FMLA and CFRA.
Section 3 Reasons For Leave
Leave is only permitted for the following reasons:
A) The birth of a child or to care for a newborn of an employee or the
employee's domestic partner;
B) The placement of a child with an employee in connection with the adoption or
foster care of a child by the employee or domestic partner;
C) Leave to care for a child of the employee, spouse or domestic partner who
has a serious health condition; or
D) Leave because of a serious health condition that makes the employee
unable to perform the functions of his /her position;
E) Leave to care for a parent, spouse, or domestic partner who has a serious
health condition.
Section 4 Employees Eligible For Leave (Not applicable to PFL
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An employee is eligible for leave if the employee:
A) Has been employed for at least twelve (12) months; and
B) Has been employed for at least one - thousand two - hundred fifty (1,250) hours
during the 12 -month period immediately preceding the commencement of
the leave.
Section 5 Amount Of Leave
Eligible employees are entitled to a total of twelve (12) workweeks of leave during any
12 -month period.
A female employee has a reasonable leave of absence of up to four months whenever
she becomes disabled as a result of pregnancy, childbirth, or related medical conditions.
Four months is the maximum allowed for pregnancy - related disability leave. A female
employee who is physically and mentally capable of returning to work before the expiration of
four months is not entitled to a full four month leave of absence.
Notwithstanding any leaves available under this policy, once an employee exhausts all
federal and state leaves, and any accrued paid leaves, the employee may apply for an unpaid
administrative leave of absence pursuant to Article XXXIII for successive periods of up to thirty
(30) days each up to a maximum of one hundred eighty (180) consecutive days. The City has
the discretion to either grant or deny any request for an unpaid administrative leave. Benefits
shall not accrue during the term of an unpaid leave of absence nor does such time count as
service time for step increases, seniority or other purposes.
A) Minimum Duration of Leave
If leave is requested for the birth, adoption or foster care placement of a child of
the employee or domestic partner, leave must be concluded within one year of the birth
or placement of the child. In addition, the basic minimum duration of such leave is two weeks.
However, an employee is entitled to leave for one of these purposes (e.g., bonding with a
newborn) for at least one day, but less than two weeks duration on any two occasions. If leave
is requested to care for a child, parent, spouse, domestic partner or the employee him /herself
with a serious health condition, there is no minimum amount of leave that must be taken.
However, the notice and medical certification provisions of this policy must be complied with.
B) Spouses Both Employed by the City
In any case in which a domestic partner, husband and wife are both employed by the
City and both are entitled to leave, the aggregate number of workweeks of leave to which both
may be entitled may be limited to twelve (12) workweeks during any 12 -month period if leave is
taken for the birth or placement for adoption or foster care of the employees' child (i.e., bonding
leave). This limitation does not apply to any other type of leave under this policy.
Section 6 Employee Benefits While On Leave
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Leave under this policy is unpaid. While on leave, employees will continue to be covered
by the City's group health insurance to the same extent that coverage is provided while the
employee is on the job.
Employees may make the appropriate contributions for continued coverage by payroll
deductions or direct payments made to these plans. Depending on the particular plan the City
will inform you whether the premiums should be paid to the carrier or to the City. Your coverage
on a particular plan may be dropped if you are more than thirty (30) days late in making a
premium payment. However, you will receive a notice at least fifteen (15) days before coverage
is to cease, advising you that you will be dropped if your premium payment is not paid by a
certain date. Employee contribution rates are subject to any change in rates that occurs while
the employee is on leave.
If an employee fails to return to work after his /her leave entitlement has been exhausted
or expires, the City shall have the right to recover its share of health plan premiums for the
entire leave period, unless the employee does not return because of the continuation,
recurrence, or onset of a serious health condition of the employee or his/her family member
which would entitle the employee to leave, or because of circumstances beyond the employee's
control. The City shall have the right to recover premiums through deduction from any sums
due the City (e.g. unpaid wages, vacation pay, etc.).
Section 7 Employers Right to Require An Employee to Use Paid Accrued Leaves
Concurrently With Family Leave
While on leave under this policy, as set forth herein, an employee may elect
to concurrently use paid accrued leaves. Similarly, the City may require an employee
to concurrently use paid accrued leaves after requesting FMLA, CFRA PFL time off, and may
also require an employee to use FLMA leave concurrently with a non- FMLA/CFRA leave which is
FMLA/CFRA- qualifying.
Section 8 Substitution Of Paid Accrued Leaves
Where an employee has earned or accrued paid vacation and /or administrative leave,
that paid leave must be substituted for all or part of any (otherwise) unpaid leave under this policy.
As for sick leave, an employee is entitled and may use sick leave concurrently with leave
under this policy if:
1. The leave is for the employee's own serious health condition; or
2. The leave is needed to care for a parent, domestic partner, spouse or child
with a serious health condition, and would be permitted as sick leave under the
City's sick leave policy.
As for compensatory time, an employee may use compensatory time concurrently with
leave under this policy.
As a condition of an employee's initial receipt of family temporary disability insurance
benefits during any twelve (12) month period in which an employee is eligible for these benefits, the
City may require an employee to take up to two weeks of earned but unused vacation leave prior to
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the employee's initial receipt of these benefits. If the City requires the employee to take vacation
leave, that portion of the vacation leave that does not exceed one week shall be applied to any
applicable waiting period for receipt of family temporary disability insurance benefits.
Section 9 Medical Certification
Employees who request leave for their own serious health condition or to care for a
child, parent, domestic partner or a spouse who has a serious health condition must provide
written certification from the health care provider of the individual requiring care if requested by the
City.
If the leave is requested because of the employee's own serious health condition, the
certification must include a statement that the employee is unable to perform the essential functions
of his /her position.
A) Time to Provide a Certification
When an employee's leave is foreseeable and at least 30 days notice has been
provided, if a medical certification is requested, the employee must provide it before the leave
begins. When this is not possible, the employee must provide the requested certification to the City
within the time frame requested by the City (which must allow at least 15 calendar days after the
employer's request), unless it is not practicable under the particular circumstances to do so despite
the employee's diligent, good faith efforts.
B) Consequences for Failure to Provide an Adequate or Timely Certification
If an employee provides an incomplete medical certification, the employee will be given a
reasonable opportunity to cure any such deficiency.
However, if an employee fails to provide a medical certification within the time frame
established by this policy, the City may delay the taking of FMLA/CFRA leave until the required
certification is provided.
C) Recertification
If the City has reason to doubt the validity of a certification, the City may require
a medical opinion of a second health care provider chosen and paid for by the City. If the second
opinion is different from the first, the City may require the opinion of a third provider jointly
approved by the City and the employee, but paid for by the City. The opinion of the third
provider will be binding. An employee may request a copy of the health care provider's opinions
when there is a recertification.
D) Intermittent Leave or Leave on a Reduced Leave Schedule
If an employee requests leave intermittently (a few days or hours at a time) or on
a reduced leave schedule to care for an immediate family member with a serious health condition,
or for pregnancy- disability leave, the employee must provide medical certification 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.
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Section 10 Employee Notice Of Leave
Although the City recognizes that emergencies arise which may require employees
to request immediate leave, employees are required to give as much notice as possible of
their need for leave. If leave is foreseeable, at least thirty (30) days notice is required. In addition,
if an employee knows that he /she will need leave in the future, but does not know the exact
date(s) (e.g. for the birth of a child or to take care of a newborn), the employee shall inform
his/her supervisor as soon as possible that such leave will be needed. If the City determines
that an employee's notice is inadequate or the employee knew about the' requested leave in
advance of the request, the City may delay the granting of the leave until it can, in its discretion;
adequately cover the position with a substitute. All notices required under this Policy must be
submitted to the department head.
Section 11 Reinstatement Upon Return From Leave
A) Right to Reinstatement
Upon expiration of leave, an employee is entitled to be reinstated to the position of
employment held when the leave commenced, or to an equivalent position with equivalent
employment benefits, pay, and other terms and conditions of employment. Employees have no
greater rights to reinstatement, benefits and other conditions of employment than if the
employee had been continuously employed during the FMLA/CFRA /PFL period.
If a definite date of reinstatement has been agreed upon at the beginning of the leave,
the employee will be reinstated on the date agreed upon. if the reinstatement date differs from
the original agreement of the employee and City the employee will be reinstated within two
business days, where feasible, after the employee notifies the employer of his /her readiness to
return.
B) Employee's Obligation to Periodically Report on His /Her Condition
Employees may be required to periodically report on their status and intent to return to work.
This will avoid any delays to reinstatement when the employee is ready to return.
C) Fitness for Duty Certification
As a condition of reinstatement of an employee whose leave was due to the employee's
own serious health condition, which made the employee unable to perform his /her job, the employee
must obtain and present a fitness- for -duty certification from the health care provider that the
employee is able to resume work. Failure to provide such certification will result in denial of
reinstatement.
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ARTICLE 34
HOLIDAYS
Section 1
The City and Association agree to incorporate into this MOU the following holidays to be
eliminated and have floating holidays replaced them. The holidays to be eliminated are:
Washington's Birthday, Lincoln's Birthday, Columbus Day, Admission Day and Veteran's Day.
A) The total of five floating holidays in a calendar year accrued at a rate of 1.92 hours
per payperiod. All floating holidays to be taken off are subject to operational and
scheduling factors and must be p r e -approved by the employee's supervisor. In
addition, an employee must complete a "Request For Time Off' form.
B) Subject to (c) below, no floating holidays will be available until the successful
completion of the original probationary period. At that time such employees will be
credited with a pro -rata portion of the aforesaid five floating holidays based upon
the time remaining in the initial calendar year of employment, but in no case less
than one day.
C) No floating holiday may be carried over to another calendar year. The City
Manager may approve deferral as warranted. No deferrals will be approved from
July 1, 2015 to June 30, 2016.
D) If an employee fails to successfully complete employment for the said calendar year,
the number of floating holidays available to the employee shall be prorated on
the basis of the portion of the calendar year for which the employee was
employed by the City. If, under such circumstances; the employee has used more
floating holidays than were actually available, the City shall make an appropriate
reduction in its payment of final compensation to such employee.
E) Effective January 1, 1992 the accrual for five (5) floating holidays for full time
employees shall be fifty (50) hours per annum based on a 4/10 work schedule.
F) -In the event the city returns to an 8 hour /5 day work week the accrual rate
will reflect such change.
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.
Personal leave day may be taken on any day of the employee's choosing subject to
operational and scheduling factors and must be pre- approved by the employee's supervisor. In
addition, the employee must complete a "Request For Time Off' form. The Personal Leave day must
be taken within the calendar year or it is lost. Employees who terminate without using their Personal
26
r-
Leave day for that calendar year shall receive payment for this day. When a holiday named in
this regulation falls on Sunday, it shall be observed on the following Monday. As the City is
currently operated on a flexible work schedule, those holidays which fall on a Friday in any given
year will not be observed by 4/10 employees. Those employees working a 5 day /8 hour (5/8) work
week will be paid for those holidays falling on a Friday. This provision is made with the
understanding that the accrual rates for floating and personal leave time will be adjusted annually for
5/8 scheduled employees as warranted to compensate both the 4/10 and 5/8 work schedules on an
equal basis. In the event the City returns to a 5/8 work schedule for all full- time employees, then
those holidays falling on a Saturday will be observed on Friday. The City Manager may determine
and approve as warranted the carryover of up to two (2) floating holidays into the following year for
full -time employees. Said approved holidays shall be taken no later than June 30 of the carryover
year. All requests must be submitted to the City Manager no later than November 1 to be
considered. From July 1, 2015 to July 1, 2016, the City Manager shall not approve any carryover of
floating holidays.
Section 3
A) Effective July 1, 1991 all hourly employees who have attained CalPERS eligibility
shall receive compensation for seven (7) hours in observance of Christmas Day,
December 25, annually.
B) Effective July 1, 1991 all hourly employees who have attained CalPERS eligibility
shall receive one (1) seven (7) hour paid Personal Leave day each calendar year.
A Personal Leave day may be taken on any day of the employee's choosing subject
to operational and scheduling factors and must be pre- approved by the employee's
supervisor. In addition, the employee must complete a "Request For Time Off' form.
The Personal Leave day must be taken within the calendar year or it is lost.
Employees who terminate without using their Personal Leave day for that
calendar year shall receive payment for this day.
Hourly employees who subsequently attain CalPERS eligibility within said calendar year shall be
credited with the Personal Leave day. All other provisions stated in above paragraph shall apply.
Section 4
Article.
C) Effective January 1, 2011,- all hourly employees who have attained CalPERS
eligibility shall receive compensation for seven (7) hours in observance
of Presidents' Day, third Monday in February.
All part -time employees not specifically addressed are excluded from the provisions of this
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ARTICLE 35
ANNUAL VACATION LEAVE
The purpose of annual vacation leave is to enable employee annually to return to his work
mentally refreshed. All employees in the classified service shall be entitled to annual vacation
leave with pay. Employees not eligible for vacation leave with pay are: Employees still serving
their original probationary period in the service of the City; however, vacation credits for the time
shall be granted to such employee who later received a permanent appointment.
All eligible employees in the first through seventh year of continuous service shall earn
vacation credit at the rate of fourteen (14) calendar days (10 work days) per year. Beginning with
the eighth (8th) year and through the fourteenth (14th) year of continuous service employees shall
earn vacation credit at the rate of twenty -one (21) calendar days (15 work days) per year.
Beginning with the fifteenth (15th) year of continuous service and thereafter employees shall earn
vacation credit at the rate of twenty -eight (28) calendar days (20 work days) per year.
Each eligible employee shall be required to have served the equivalent of one year of
continuous service in the City in order to be eligible for their full annual vacation leave; provided,
however, that after six (6) months of continuous service, they may be permitted to take vacation
leave not to exceed seven (7) calendar days. In no event, however, will paid vacation be granted
in excess of earned vacation credits.
Vacation leave must be approved in advance by the department head and the employee
will need to complete a Request For Time Off "form. The times during a calendar year at which an
employee may take his vacation shall be determined by the department head with due regard to
the wishes of the employees and particular regard for the needs of the service.
In the event one or more municipal holidays fall within an annual vacation leave, then
such holidays shall not be charged as vacation leave, and the vacation leave shall be extended
accordingly.
Employees who successfully complete probation and who terminate employment shall
be paid in a lump sum for all earned vacation leave prior to the effective date of termination.
Effective January 1, 1992, all hourly employees who have attained CalPERS eligibility
shall receive two (2) seven (7) hour paid vacation days each calendar year.
Except for those hourly employees identified above as receiving vacation, employees
who work on an intermittent or seasonal basis and all other hourly employees are ineligible for
vacation leave.
Members of the Unit may be paid for up to forty (40) hours per annum for compensable
time. Sick time is excluded from this provision.
Payment shall be made in the following manner:
A) Payment will be made annually at the employee's current hourly rate of pay.
B) Payment will not exceed forty (40) hours per calendar year.
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C) Payment requests require the approval of the employee, department head, Human
Resources Director and City Manager.
D) Payment requests can be submitted throughout the calendar year, with a maximum
of forty (40) hours per year.
E) Such payment shall be included in the employee's check within two pay - periods
following the signature of the employee, Department Head and Human Resources
Director.
Financial hardship requests to convert additional accrued leave to cash will be reviewed
on a case -by -case basis and require the approval of the City Manager. Financial hardship
requests shall be submitted to the Human Resources Director with appropriate justification.
From July 1, 2015 to june 30, 2016, the vacation buy back program shall be suspended and
the City shall have no obligation to make any payments under this section.
Effective January 1, 2012, the City adopted the policy that an employee may accumulate
vacation to a maximum of six hundred forty (640) hours. Vacation leave is accrued as earned
and the amount of vacation leave accumulated shall not exceed the maximum. Accrual shall stop
whenever the employee is at the maximum.
fiscal year.
Employees in the Unit are "encouraged" to take at least 100 hours of leave time per
ARTICLE 36
LEAVE BENEFIT ACCRUAL RATES
The following shall represent leave benefit accrual rates for full -time classified
employees:
VACATION 80 Hours /year (80/26) =3.08 hours /pay period
VACATION 120 hours /year (120/26)= 4.62 hours /pay period
VACATION 160 hours /year (160/26)= 6.15 hours /pay period
SICK LEAVE 96 hours /year (96126)= 3.69 hours /pay period
FLOATING HOLIDAYS 50 hours /year (50/26) =1.923 hours /pay period
Effective 1 -1 -05:
4/10 Floating Holiday 50 hours
Personal Leave 20 hours
5/8 Floating Holiday 54 hours
Personal Leave 16 hours
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ARTICLE 37
RETIREMENT POLICY
Retiree Health Insurance
The City amended its contract with CalPERS to provide credit for unused sick
leave effective August 1, 1992.
For employees hired on and after January 1, 2009, the City shall fund retiree medical
premiums in an amount equal to the City's statutory minimum contribution to P E M H CA. Eligibility
for said retiree medical premiums shall be subject to applicable City adopted resolution(s) governing
eligibility for retiree medical payments.
Employees hired after January 1, 2011, are not be eligible for City paid health, dental,
vision or life insurance coverage upon retirement.
For employees hired prior to January 1, 2009, City funded retiree medical premiums
shall be governed by pre - existing practices. The substance of the pre - existing practice shall be
articulated in writing by the parties not later than sixty (60) calendar days after City Council
adoption of this MOU.
Current Pension /Retirement Formula
Effective October 17, 1999, the City amended the CalPERS contract to provide the 2%
at 55 formula. Effective FY 02 -03 the City amended the CalPERS contract to provide the 3% @
60 formula with the City paying the additional 1% employee contribution (8 %). The City will continue
to provide Unit employees a pension through CaIPERS using the 3% @ 60 formula.
The City amended its contract with CalPERS to increase the 1959 Survivor Benefit
from basic level to third level effective October 16, 1992. The City amended its contract with
CaIPERS to increase the 1959 Survivor Benefit from Level 3 to Level 4 in 2003.
For the CalPERS 3% @ 60 retirement formula, the total allowed Employer Paid Member
Contribution (EPMC) is eight percent (8 %) of reportable compensation. Prior to January 1, 2011,
the City paid the full eight percent (8 %) EPMC on behalf of eligible represented employees. Effective
January 1, 2011, all new employees (hired on or after January 1, 2011) were required to pay their
full member contribution of eight percent (8 %) directly to CalPERS through payroll withholding; thus,
eliminating the EPMC benefit for new employees hired on or after January 1,2011. Effective
March 4, 2012, the City reduced the EPMC CalPERS benefit for those employees hired before
January 1, 2011 from the previous full eight percent (8 %) to the current six percent (6 %), with
represented employees picking up the two percent (2 %) difference as member pre -tax contributions
to CaIPERS through payroll withholding. The City in December 2011 adopted and submitted to
CalPERS the appropriate resolution allowing employees to pay their EPMC on a pre- tax basis per
414(h)(2) of the Internal Revenue Code (IRC).
Retirement compensation continues to be computed on the employee's one (1) year's
highest earnings.
30
Each employee, eligible for service retirement, may have his /her City paid EPMC CaIPERS
contribution reported as compensation for all or any part of the twelve (12) month period prior to
his /her service retirement date upon written request to the Director of Finance. Accordingly, the
CalPERS member contribution will be deducted from employee's higher based salary. This provision
will remain in effect unless otherwise prohibited by CalPERS law.
New Pension /Retirement Formula
Effective upon adoption by the City Council of the appropriate CalPERS contract
amendment, all new hires shall be provided the 2% @ 60 CalPERS Retirement Formula.
Retirement compensation for these new hires shall be computed on the employee's three (3) year
average earnings formula. If the state adopts and CalPERS implements a lower pension formula
for new hires during the contract term, then the parties agree to meet and confer regarding
adoption of that formula for all new hires if allowed by CaIPERS.
ARTICLE 38
GRIEVANCE AND DISCIPLINARY APPEAL PROCEDURE
A "Grievance" shall be defined as a controversy between the City and the Association or
an employee or employees covered herein. The provisions of this Article do not apply to
probationary or in the case of part-time employees, those who have not reached CaIPERS
eligibility. A controversy as defined in this Article must pertain to any of the following: (1) Any
matter relating to working conditions, (2) Any matter involving the interpretation or application of any
provision of this memorandum, or (3) Any matter involving the violation of any provision or
intent of this memorandum except any articles and provisions which state that they are not
subject to this Article. An appeal of a disciplinary action, including suspension, discharge for cause,
demotion or disciplinary reduction in pay, shall initially be submitted at Step 3, and contain a
succinct written statement of the basis of appeal, within ten (10) working days of the imposition
of discipline. All written responses to a disciplinary appeal will specify reasons for the decision and
inform the employee of the appeal procedure and applicability of Section 1094.6 of the Code
of Civil Procedure limiting the time within which legal actions must be commenced.
There shall be an earnest effort on the part of both parties to settle grievances promptly
through the steps listed below. The employee may request the assistance of a representative of
his own choosing in preparing and presenting a grievance. Either party to the grievance may invite
persons with relevant information to be present_ For purposes of this procedure "working days"
refers to Monday through Thursday, 7:00 AM to 6:00 PM and excludes weekends and holidays.
Step 1: An employee's grievance must be orally discussed with the first
line supervisor immediately in charge of the aggrieved employee within ten (10) working days after
the event giving rise to the grievance, or ten (10) working.days after the date that he /she should
have been reasonably expected to have had knowledge of the grievance. The supervisor will give
his answer to the employee by the end of the tenth (1 Oth) 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 memorandum alleged to have been
violated, signed and dated by the employee and presented to the department head, or in his
31
absence, his designee within ten (10) working days after termination of Step 1.
Written discrimination allegations must contain a description of the purported discriminatory
action and the specific basis which is defined by Federal or State law (if any). A meeting between
the employee and his department head or, in the department head's absence, his designee may
be arranged at a mutually agreeable location and time to review and discuss the grievance. If
scheduled, such meeting will take place within ten (10) working days from the date the grievance is
received by the department head or, in his absence, his designee. The department head or, in his
absence, his designee will give a written reply by the end of the fifth (5th) work day following the
date of the meeting and giving of such reply will terminate Step 2.
Step 3: if the grievance is not settled at Step 2, the employee may move
the grievance to Step 3 by serving written notice upon the City Manager within ten (10) working
days after receipt of the reply in Step 2, or within ten (10) working days after the reply was
due, requesting a meeting. Said meeting shall be scheduled within ten (10) working days after
receipt of such request. The City Manager or, in his absence, his designee shall provide the
employee with a written disposition of the grievance within ten (10) working days after the meeting.
The City Manager's decision shall be final and binding, except in disciplinary and discrimination
cases as specified below.
Step 4: The employee may seek review by the Personnel Board of the
City Manager's decision in grievance matters by submitting a written request to the
Personnel Department within ten (10) working days from the date of the answer in Step 3. The
Personnel Board may grant an informal hearing and the Board's role in such matter is advisory
only, except that in disciplinary and discrimination cases, the Board shall grant a hearing and the
Board's decision shall be final and binding.
If an employee has complied with 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 Division in writing of its findings and recommendations.
A copy of such findings shall be transmitted to the affected employee.
All costs of representation resulting from this process shall be borne by the party incurring them.
No employee shall use City time, staff or materials in the pursuit of a grievance or in response
to a proposed or effected disciplinary action, unless he /she has obtained specific authorization to do
so.
A grievance or other appeal which is not brought or brought forward within the time
limit provided within each of the sections of this article shall be deemed to have been waived
and settled, unless such time limit is expressly extended by mutual agreement. Time limits are set
forth above and may be extended by a mutual agreement between the parties, but neither party shall
be required to do so.
Any letter of reprimand that is not included as part of a current progressive discipline
32
matter,will be removed from the file of an employee after twelve (12) months, upon written request
from that employee to the Human Resources Department.
ARTICLE 39
LAYOFF
The City may separate any employee or class of positions without prejudice, because
of the financial or economic condition of the City, reduction of work or the necessity for the position
or employment no longer exists. The City shall give such employee not less than thirty (30)
days advance notice of separation and the reason therefore. However, no permanent full -
time employee shall be separated while emergency, seasonal, probationary, part -time or temporary
employees are employed into the same positions according to the needs of the service as
determined by the City.
The conditions of layoff shall be as follows:
1. PROMOTIONAL EXAMINATIONS. For purposes of layoff, all promotional
opportunities will be conducted prior to layoffs proceeding.
2. ORDER OF SEPARATION. The principal criterion used in determining the order
of separation and bumping right shall be seniority based on the total years of continuous full -
time service and any prior part-time service as calculated on a pro -rata basis with the City
provided the employee presently possesses the skill, ability and qualifications to perform the
job. Layoffs shall be in the reverse order as hired. That is, the employee in the affected job
class with the least total City service shall be laid off first.
Whenever seniority is equal, the following criteria shall be applied in the indicated order:
a. Ranking on eligibility list;
b. Performance Evaluations;
C. Drawing of lots
3. BUMPING RIGHTS. Any full -time employee who has been given notice of lay
off may displace another employee in the same job class with less seniority in the same job class,
or bump to another class in which they formerly held a permanent appointment and there is an
employee with less seniority. It is understood that an employee seeking to bump into a lower
class shall first occupy any vacant position before displacing an existing employee.
After the City has notified the affected employee of the layoff and the position available
to the employee, if any, to bump, he /she must notify the Personnel Officer of his /her intent to
exercise the bumping rights within ten (10) calendar days of the position in the City which they
intend to bump, or the bumping rights shall be barred and waived to the employee. The
employee with the least seniority shall be displaced by the person who is laid off.
The employee displaced shall be considered as laid off for the same reason as the
person who displaced him/her and shall in the same manner be eligible to bump to a position
within the City in which he/she formally held a permanent position.
33
4. APPOINTMENT OF LAID -OFF EMPLOYEES TO LOWER CLASS. Any
employee in a represented job class who is scheduled to be laid off due to lack of work, lack of
funds of elimination of position, may not later than ten (10) calendar days after notice of layoff,
request to displace ( "bump ") an employee in a lower job class within the job series provided the
laid off employee has greater overall City service seniority than the employee in the lower job
class and is qualified by education and /or experience for such a position. If there is more than
one employee who is qualified for such appointment(s), the 'Bump" shall be based on seniority
with the employee with the highest seniority offered the position first, then the next highest, etc.
The City Manager shall approve the appointment of an employee who is to be laid off
to a lower class which the employee is qualified without requiring an examination within the job
series. An employee who has not previously served in the lower class may be required to
successfully complete the probationary period for the class.
If the employee(s) have the same seniority, then the procedure for breaking ties set forth
in this article shall apply.
The employee displaced as a result of being "bumped" shall be considered as laid off
for the same reasons as the person originally displaced and the same displacement rights shall
be afforded.
5. SALARY PLACEMENT. An employee(s) who accepts an appointment to lower
job class as a result of a layoff and /or a displacement ( "bump ") shall be placed at the step of the
salary range which most closely corresponds to, but in no case exceeds, the salary step of the
previously held position.
6. IN ACCORDANCE WITH PERSONNEL RULES AND REGULATIONS RULE VIII
SECTION 3. The names of probationary and permanent employees who have been laid off
shall be placed on appropriate re- employment lists in order of their seniority. Such names shall
remain thereon for a period of one year unless such persons are sooner re- employed.
When a re- employment list is to be used to fill vacancies, the Personnel Board shall
certify from the top of such list the number of names equal to the number of vacancies to be
filled, and the appointing authority shall appoint such persons to fill. the vacancies. Such person
shall first be subject to a new physical examination and criminal history check, if legally
permissible, to determine if employee is able to perform the duties of the job or employment.
The names of any laid off employee appearing on an employment or promotional
list shall be removed by the Personnel Officer if that laid off employee requests in writing
that his /her name be removed, or if he /she fails to respond to a notice of certification mailed
to his /her last known address.
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ARTICLE 40
FULL FAITH AND CREDIT CLAUSE
For purposes of administering the terms and provisions of the various ordinances,
resolutions, rules and regulations which may be adopted by the City pursuant to this MOU, all
matters resolved in memoranda of understanding for prior years, all resolutions of the City Council, and
all existing matters resolved regarding wages, hours, fringe benefits and conditions of employment
prior to Myers - Milias -Brown Act of 1968, will remain unchanged and unaltered except where expressly
changed or altered in this MOU.
ARTICLE 41
SAVINGS CLAUSE
Any resolution of the City incorporating any provisions of this MOU or of such resolution of any kind is
at any time or in any way held to be contrary to any law by any court of proper jurisdiction, the
remainder of this MOU and the remainder of such resolution shall not be affected thereby and shall
remain in full force and effect.
ARTICLE 42
PROMOTIONAL OPPORTUNITIES
Subject to the Personnel Rules and /or City Council approval of necessary modifications
to the Personnel Rules, City to complete an internal search for qualified candidates before
initiating an external search to recruit and fill full time classified service positions. The City will post
a notice of such open positions and provide employees the opportunity to apply prior to posting
for an external search. The parties agree to meet and confer through the Joint Labor Management
Committee to develop appropriate Personnel Policies and proposed Civil Service Rule changes to
effectuate this agreement.
ARTICLE 43
RENEGOTIATION
The parties shall use their best efforts to submit new proposals for a successor MOU by
April 2014 and shall begin negotiations by May 1, 2015.
The City and Association may agree to meet on an as- needed basis to improve
communications and address mutual concerns.
2015.
ARTICLE 44
TERM
This MOU shall cover all Unit members for the period from July 1, 2013 through June 30,
35
In accordance with Government Code Section 3505.1, the parties have jointly
prepared and executed this MOU, which shall not be binding, and present it to the City of
Lynwood City Council for determination and recommended adoption.
For the City of Lynwood
BY
J. Arnoldo Beltran
City Manager
Dated:
Risk Management
BY
Irma Rodriguez Moisa
Special Counsel
For the Lynwood Employees' Association
Caw�- ./ tAd
BY
David Spears
President
7 - /Q -/s--
Dated:
BY 1 t�
Arturo Ramos
Vice - President
BY
Lee Wax
AFSCME Representative
EXHIBIT "A"
LIST OF REPRESENTED LEA POSITIONS
* = Confidential
Account Clerk Accounting
Technician Administrative Aide
Administrative Analyst I
*Administrative Assistant
Building Inspector
Building Maintenance Worker-
Business License Specialist
Code Enforcement Officer
Custodian
Deputy City Clerk
Deputy City Treasurer Electrical
Maintenance Worker Executive
Assistant
Executive Assistant to the City Clerk
Executive Assistant to the Redevelopment Agency
Information System Technician
Laborer
Maintenance Worker Media
Specialist Office Assistant I
Office Assistant 11
*Office Assistant II (City Manager's Office)
Office Assistant III
Park Maintenance Lead Worker
Parking Control Officer
*Payroll Specialist
Permit Technician Planning
Assistant
Public Works Assistant
Public Works Inspector
Public Works Technician
Recreation Coordinator
Redevelopment Assistant
Right of Way Maintenance Lead Worker
Senior Housing Rehabilitation Specialist
Senior Public Works Inspector
Senior Street Maintenance Worker Senior
Water Service Worker Street Maintenance
Lead Worker Street Maintenance Worker
System Analyst
Utility Inspector
Utility Worker
37
Water Quality Specialist Water
Service Lead Worker Water Service
Worker Water Service Worker II
Part Time Classifications
Administrative Intern
Cashier
Code Enforcement Officer
Customer Service Intern
General Office Worker
Graphic Arts Intern I Graphic
Arts Intern II
Information Systems Technician
Laborer
Lifeguard
Locker Attendant Maintenance
Worker Office Assistant Il
Parking Control Officer
Recreation Leader
Recreation Specialist/instructor
Senior Lifeguard
38