HomeMy Public PortalAbout93-011 RESOLUTION NO. 93-011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF CARSON AND THE EMPLOYEES ASSIGNED TO
CLASSIFICATIONS REPRESENTED BY THE ASSOCIATION
OF MANAGEMENT EMPLOYEES (AME)
THE CITY COUNCIL OF THE CITY OF CARSON RESOLVES AS FOLLOWS:
SECTION 1. The representatives of the City of Carson have
met and conferred in good faith with the representatives of AME.
As a result of the meet and confer process, the City and AME have
agreed on matters within the scope of representation that are set
forth in this Memorandum of Understanding.
SECTION 2. The memorandum of Understanding is attached as
Exhibit A and is part of this Resolution.
SECTION 3. The City Council adopts and approves this
Memorandum of Understanding.
PASSED, APPROVED and ADOPTED this 2nd day of February, 1993.
MAYO
ATTEST:
CITY CLERK
APPROVED AS TO FORM BUT
NOT AS TO SUBSTANCE
- � a'Vw-e—
City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
1, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify
that the whole number of members of the City Council of said City is four; that the foregoing
resolution, being Resolution No. 93-011 was duly and regularly adopted by the City Council
of said City at a regular meeting of said Council, duly and regularly held on the 2nd day of
February, 1993, and that the same was so passed and adopted by the following vote:
AYES: COUNCIL MEMBERS: Calas, Fajardo, Muise-Perez and Mitoma
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
City Clerk, City of arson,r alifornia
930113 mjm 5230839 0
MEMORANDUM OF UNDERSTANDING
between
The City of Carson
and the
Association of Management Employees
Fiscal Year 1992-93
Resolution No. 93-011
A MEMORANDUM OF UNDERSTANDING FOR THE 1992-93 FISCAL YEAR BETWEEN
THE CITY OF CARSON AND THE EMPLOYEES ASSIGNED TO CLASSIFICATIONS IN
THE MANAGEMENT UNIT REPRESENTED BY THE ASSOCIATION OF MANAGEMENT
EMPLOYEES (AME).
AME CITY OF CARSON
Eva Gatl' g Lawrence G. Olson, City Administrator
Public Information Manager Employer-Employee Relations Officer
.J.6sepX Wolfson Phillip R. 11myth
Community Services Manager A/Personnel Manager
Diane Gray
Accounting Manager
X hn Mo gerg
rchasing Manag
PREAMBLE
Pursuant to Chapter 10 (Section 3500 et seq.) of Division 4, Title 1 of the Government Code
and Resolution N. 85-107, the Employer-Employee Relations Resolution of the City of Carson,
the matters within the scope of representation that are set forth in this MOU have been discussed
by and between representatives of the City of Carson (hereinafter"city") and representatives of
the Association of Management Employees (hereinafter "association") and except as otherwise
provided herein shall apply to employees assigned to the classifications in the Administrative
Management Unit.
The matters within the scope of representation that are set forth in this Memorandum of
Understanding (MOU) have been discussed in good faith and agreed to by the city and the
association as constituting an equitable adjustment to wages, hours, and other terms and
conditions of employment as evidenced by the signatures of the duly authorized representatives
of the city and the association.
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ARTICLE I
DEFINITION OF TERMS
The following terms, whenever used in this MOU, shall be the meaning set forth in this article.
SECTION 1 - ACTING DUTY: The performance of a temporary assignment by an employee
in a classification with a higher pay range than the employee's usual classification.
SECTION 2 - CLASSIFICATION: A position or positions assigned to the same job title.
SECTION 3 - DAY: A calendar day.
SECTION 4 - DEPARTMENT DIRECTOR: An individual assigned to any of the following
classifications: City Administrator, Deputy City Administrator, Community Development
Director, Public Safety Director, Finance Director, Recreation and Community Services
Director, Engineering Services Director, Facilities and Maintenance Director
SECTION 5-EMPLOYEE: An individual compensated through the city payroll and appointed
to one of the classifications represented by the association.
SECTION 6 - LEAVE: An authorized absence from work.
SECTION 7 - POSITION: The duties and responsibilities assigned to an employee within a
classification.
SECTION 8 - PREVAILING PAY RATE: The basic pay rate within a pay range paid to an
employee for the performance of a classification.
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ARTICLE II
COMPENSATION
SECTION 1 - SALARY:
The city agrees to repay those employees currently employed with the City the thirty (30) hours
of pay lost due to the furlough agreed to in fiscal year 1991-92. The employee must have lost
the thirty (30) hours of pay to be eligible for the repayment.
SECTION 2 - REMBURSEMENT:
The city agrees to provide each member of the association within the first quarter of each fiscal
year with $400 in reimbursements in anticipation of expenditures such as annual physical, eye
care, books, or other educational materials, financial and legal consultation fees, and
professional development. Payments will be made through the payroll system.
SECTION 3 - ACTING DUTY PAY:
3.1 The City Administrator may appoint an employee to acting duty status to perform the
duties of a vacated or newly created classification.
3.2 An employee may serve in acting duty status only until such time as the City Administrator
makes a permanent appointment to the classification, or until such time that the incumbent
employee returns to work.
3.3 Acting duty appointments may be effective for a period of up to ninety (90) days except
for unusual circumstances as defined by the City Administrator. The City Administrator
may extend an acting duty appointment.
3.4 After satisfying the waiting period established in subsection 3.6, an employee appointed
to acting duty status shall be paid at a rate not less than the minimum pay rate in the pay
range for the acting duty classification, and such acting duty pay rate shall be at least five
percent (5%) more than the employee's prevailing rate immediately prior to acquiring
acting duty status. An employee shall not be paid more than the maximum pay rate in the
pay range for the acting duty classification.
3.5 While serving in acting duty status, the employee shall continue to receive any pay
adjustments or advancements granted to the employee's permanent classification.
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3.5 While serving in acting duty status, the employee shall continue to receive any pay
adjustments or advancements granted to the employee's permanent classification.
3.6 An employee appointed to acting duty status shall receive acting duty pay only after
working for twenty-four (24) consecutive working hours in the acting classification. A
paid holiday shall be considered as time worked to fulfill the twenty-four (24) hour
qualifying period.
3.7 An employee may be removed from acting duty status at any time.
3.8 Department policy for acting appointments shall be consistent with these guidelines and on
file in the personnel division.
3.9 If an association represented employee is temporarily appointed to acting duty status to a
position not represented by the association, the employee shall continue to receive the same
fringe benefits, at the same levels and rates, as that employee received prior to the
temporary assignment.
SECTION 4 - RANGE ADJUSTMENTS:
When a new salary range is made applicable to a classification, all persons employed in the
classification shall have their salaries adjusted on the same effective date. If a new salary range
made applicable to a classification is higher than the previous salary range, the salary of each
employee shall be adjusted to the step on the new range that provided the same amount as the
previous salary. If there is not an equivalent salary step, the employee's salary will be adjusted
to the nearest salary step that affords and increase; or if a new salary range is lower than the
previously assigned salary range, the salary of each employee shall be adjusted to the step on
the new range which is nearest the previous salary. In either case the existing service date shall
be retained.
SECTION 5 - ADVANCEMENT:
5.1 Advancement shall mean a pay rate increase given to an employee, contingent upon merit,
within the pay range established for the employee's classification. An employee's pay rate
increase shall be effective the first day of the payroll period closest to the day the employee
is granted the advancement.
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5.2 In addition to those conditions provided for in standard management procedures, employees
shall be eligible for advancement when the employee's length of service in their
classification satisfies at a minimum the following requirements:
Monthly Monthly Monthly Monthly Monthly Monthly
Rate A Rate B Rate C Rate D Rate E Rate F
Date of 6 mos. 12 mos. after at after at after at
Appoint. a f t e r a f t e r least 12 least 12 least 12
appoint. appoint. mos. in mos. in mos. in
Step C Step D Step E
SECTION 6 - ALLOWANCE FOR MILEAGE:
6.1 Except as otherwise provided in this section, the city shall reimburse employees for use
of their personal automobile for official city business at the rate of $.35 per mile in
accordance with standard management procedures.
SECTION 7 - COMPENSATION FOR DECLARED STATES OF EMERGENCY:
7.1 Employees covered by this MOU shall receive pay for work performed
during declared states of emergency pursuant to City Ordinance 92-997.
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ARTICLE III
INSURANCE AND RETIREMENT BENEFITS
SECTION 1 - HEALTH INSURANCE PREMIUM FOR FISCAL YEAR 1992-93:
1.1 Effective August 1, 1992, the city shall pay up to but not exceed the amount of four
hundred seventy-two and three dollars ($472.03)per month for health insurance, provided
by the city, for each full-time employee and eligible dependents.
1.2 Full-time employees covered by this section shall have their choice of plans provided by
the Public Employees Retirement System (P.E.R.S.), and available in this service area.
1.3 Spouse and dependent coverage shall continue to be available as provided through P.E.R.S.
An employee's spouse and dependent children under age twenty-three(23) who have never
been married, as well as children over the age of twenty-three (23) who have never been
married and are incapable of supporting themselves due to physical or mental disabilities
existing prior to obtaining age twenty-three (23) are currently eligible to be enrolled in
P.E.R.S. health plans. This section will be in effect for the duration of this MOU, subject
to any contract changes imposed by P.E.R.S.
1.4 Effective February 1, 1993 current employees shall have the right to use monies
remaining from the sums provided for health insurance to purchase additional term life
insurance through the city sponsored life insurance program, and purchase city sponsored
family eye-care
SECTION 2 - DENTAL INSURANCE PREMIUM:
Effective August 1, 1992.and for the duration of this MOU the city shall pay a maximum of
fifty-seven dollars and twenty-seven cents ($57.27)per month for dental insurance, provided by
the city, for each employee and eligible dependent.
SECTION 3 - LONG TERM DISABILITY INSURANCE PROGRAM:
3.1 The city shall provide a long term disability plan for each full time employee. The long
term disability insurance program may require an employee to be substantially disabled for
sixty (60) calendar days before the employee may receive long term disability benefits.
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3.2 An employee substantially disabled for more than sixty (60) calendar days shall be paid
sixty-six and two-thirds percent (66 2/3%) of the employee's prevailing pay rate at the time
of the disability. An employee may be eligible for long term disability insurance benefits
until age 65.
3.3 An employee substantially disabled by bodily injury or sickness outside the course and
scope of employment and employees still substantially disabled after twenty-six (26) weeks
of work disability leave are eligible for long term disability lave.
3.4 An employee shall be eligible to receive a monthly disability income sixty (60) days after
occurrence of the disability. Disability income payments shall be based on the employee's
actual salary, and reduced by any deductible benefits, as described in the city's long term
disability insurance program in the MOU.
3.5 Employees may use accumulated leave before being eligible to receive long term disability
insurance benefits.
3.6 Long term disability leave may be granted for periods of up to one (1) year. Employees
still substantially disabled after one (1) year will be separated from city service.
SECTION 4 - LIFE INSURANCE PREMIUM:
The city agrees to provide each full-time employee with term life insurance coverage of not less
than fifty thousand ($50,000) dollars subject to the requirements of the insurance carrier. An
employee shall have the right to purchase additional term life insurance, using monies remaining
from the sum originally provided by the city for the employee's health insurance, up to the fifty
thousand dollars ($50,000) already provided subject to the requirement of the insurance
carrier.The City shall continue to offer additional life insurance programs already offered for
employee purchase. The City shall add additional life insurance programs for purchase as
mutually agreed to by the parties.
SECTION 5-PUBLIC EMPLOYEES' RETIREMENT SYSTEM(P.E.R.S.)INSURANCE:
5.1 The city shall include eligible employees in the Public Employees' Retirement System 2%
at 60 plan and specified optional public agency contract provisions.
5.2 The city shall provide the following optional contract provisions:
a. The optional contract provision relating to one year final compensation;
b. The optional contract provision relating to military service credit as public service;
C. The optional.contract provision relating to the 1959 Survivors Program;
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d. The optional contract provision relating to city payment of the employee's normal
member contribution so long as the normal member contribution as established by
the Public Employees' Retirement System does not exceed 7.00% of the employee's
salary. In the event the amount of normal member contribution exceeds 7.00% of
the employee's salary, the employee shall be personally responsible for making any
such additional member contribution.
SECTION 6 - VISION CARE PROGRAM:
The city will continue to sponsor a vision care program. Employees may purchase vision care
through payroll deduction from wages and/or with monies remaining from the sum provided for
health insurance.
SECTION 7 - USE OF VETERANS PARK SPORTS COMPLEX
Effective August 1, 1992, all city employees and their families shall be entitled to use all
facilities and programs at Veterans Sports Complex at the rates below:
Employee - $100.00 per year.
Employee and family - $150.00 per year.
For the purposes of this section, family shall mean those family members eligible for coverage
under the P.E.R.S. Health Insurance provided by the City.
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ARTICLE IV
SAFETY
SECTION 1 - SAFETY RESPONSIBILITIES:
1.1 The city shall make a good faith effort to provide and maintain a safe and healthful place
of employment.
1.2 Employees shall perform their assigned duties safely using the practices, means, methods,
operations, and processes prescribed by any law, occupational safety or health standard,
safety order, or safety rule and regulation. Employees shall report any unsafe practices,
equipment or hazardous conditions promptly to their immediate supervisor.
1.3 The city shall not require nor permit any employee to go or be in any employment or place
not reasonably safe and healthful.
1.4 The city shall not discipline any employee for refusing to perform tasks in the performance
of which any law, occupational safety or health standard, or safety order would be
violated, and if such violation would create a real or apparent hazard to the employee.
SECTION 2 - SAFETY DEVICES AND SAFEGUARDS:
The city shall furnish and the employee shall use safety devices and safeguards. The city shall
adopt and use practices, means, methods, operations, and processes which are reasonably
adequate to render city employment safe and healthful.
SECTION 3 - SAFETY COMMITTEE:
The city and the union shall jointly participate in an advisory safety committee. The
membership of the safety committee shall consist of two (2) city representatives designated by
the City Administrator from the association, two (2) employee representatives designated from
each other recognized employee organization of the city, and the safety officer. The safety
committee shall make a good faith effort in an advisory capacity to provide and maintain a safe
and healthful place of employment.
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ARTICLE V
LEAVES
SECTION 1 - ANNUAL LEAVE:
The city shall provide employees with annual leave subject to the following conditions:
1.1 Annual leave is the.periods of approved absence with pay from regularly scheduled work
which are not properly chargeable to some other category of leave. Annual leave is the
combination of the previous leaves of vacation leave, the three days of floating holiday and
sixteen (16) hours of the forty (40) hours of personal leave.
1.2 Unless the employee's use of annual leave interferes with departmental operations, the
department director shall permit employees to use annual leave at the employee's
discretion.
1.3 Employees shall be credited with annual leave at the following rates:
a. Eleven and thirty-three hundredths (11.33) hours for each month of service or
major portion thereof from the date of appointment;
b. Thirteen and thirty-three hundredths (13.33) hours for each month of service or
major portion thereof upon the fifth anniversary date; and
C. Sixteen and sixty-six hundredths (16.66) hours for each month of service or major
portion thereof upon the tenth anniversary date.
1.4 Employees shall not be credited with annual leave for leave of absence without pay
exceeding eighty (80) working hours in any calendar month.
1.5 Employees may use annual leave only after completing their initial six (6) months of
service. Employees shall not use less than one (1) hour of annual leave at any one time
1.6 Employees may carry over to the next calendar year up to four hundred (400) hours of
annual leave. All annual leave accrued in excess of four hundred (400) hours shall be used
within the calendar year in which the employee accrued such excess annual leave.
Exceptions to this rule may be approved by the city administrator.
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1.7 When employment. terminates, the employee shall be compensated for any annual leave.
The value of accrued annual leave shall be calculated using the employee's prevailing pay
rate on the date of the employee's separation from city service.
SECTNON 2 - SICK LEAVE:
The city shall provide employees with sick leave subject to the following conditions:
2.1 Employees shall be credited with sick leave at the rate of ten (10) hours of sick leave for
each month of service or major portion thereof. Sick leave shall not be credited for leaves
of absence without pay exceeding eighty (80) working hours in any calendar month.
2.2 Employees may accrue a maximum of .eight hundred (800) hours of sick leave.
Employees may use accrued sick leave only after completing their initial one (1) month of
service.
2.3 Employees may not use sick leave at their discretion, but only in cases of actual personal
sickness, quarantine, sickness in the immediate family where the employee must provide
care to the immediate family member or for bereavement. Sick leave may also be used
for personal medical, dental, and optical appointments and pregnancy.
2.4 When an employee uses sick leave, the department director may require the employee to
present upon return to work a personal certification (not a doctor's slip) stating the reason
for such sick leave. When an employee uses sick leave in excess of thirty (30)
consecutive working hours, the employee shall present upon return to work a medical
certification signed by a physician or licensed medical practitioner stating the reason for
such sick leave.
2.5 When an employee wishes to use accrued sick leave, the employee shall notify the
department director. either before, or within one (1) hour after the time set for beginning
the work period, of the intended absence due to sickness, unless the employee is
incapacitated and physically unable to provide the required notification. Employees on sick
leave shall regularly inform the department director of their physical condition.
2.6 When employment terminates, the employee shall be compensated for
one-half (2) the value of accrued sick leave. For purposes of this
subsection, "service" shall mean the length of employment with the
city since the most recent date of hire, with no credit for time spent
on leaves of absence without pay beyond the initial two (2) weeks
of any such leave of absence. The value of accrued sick leave shall
be calculated using the employee's prevailing pay rate on the date
of the employee's separation from city service. A rejected probationary
employee shall not be paid for any accrued sick leave.
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SECTION 3 - ADMINISTRATIVE LEAVE:
3.1 The city shall provide association employees with administrative leave as time off from
work instead of pay or compensatory leave credit for excess hours worked at a rate of
ten (10) hours per month.
3.2 An employee may carry over to the next calendar year up to sixty (60) hours of
administrative leave. All administrative leave accrued in excess of sixty(60) hours shall
be used within the month in which the employee accrues such excess administrative leave.
3.3 An employee shall use administrative leave only upon written approval of the immediate
supervisor.
3.4 When an employee separates from the city for any reason, the city shall compensate the
employee for any accrued administrative leave up to sixty(e0) hours. The value of
accrued administrative leave shall be calculated using the employee's prevailing pay rate
on the date of separation from city service.
SECTION 4 - HOLIDAY LEAVE:
The city shall provide employees with the following holidays-with pay subject to the following
conditions:
4.1 The following days will be recognized holidays for employees:
January 1 The First Monday in September
The third Monday in January November 11
The third Monday in February Thanksgiving Day
The last Monday in May December 25
July 4
Every day proclaimed by the President, Governor or Mayor of this city as a public
holiday.
4.2 When any day granted as a holiday falls on a Friday, Saturday, or Sunday, the following
Monday shall be considered the holiday, In order to be paid for a holiday, the employee
must work the scheduled work period immediately before and after the holiday unless the
employee is absent from the scheduled work period immediately before and after a holiday
on authorized paid leave.
4.3 In the event that the Mayor or the City Council declares a portion of the day before
Christmas (December 24th) or a portion of the day before New Year's Day (December
31st) to be a holiday, the employee must use such additional holiday leave when granted,
and such leave cannot be accrued.
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4.4 All designated holidays shall be compensated for in 10 hour increments, for a total of 90
hours annually regardless of an employee's work schedule.
4.5 When an employee is assigned to a 5/8 or 9/80 schedule, excess holiday hours can be
accumulated up to 18 hours for use as other paid leave credits. It is agreed that an
employee can carry a negative holiday leave balance which may come about as a result of
assuring that this agreement does not result in a need to utilize regular hours for the Friday
following Thanksgiving.
4.6 Should the City abandon the closure of City Hall on Fridays, the day after Thanksgiving
will be reinstated as a holiday and holiday hours will be renegotiated to ensure that all
association employees accrue the same number of holiday hours.
SECTION 5 - WORK DISABILITY LEAVE:
The city shall provide employees with work related disability leave subject to the following
conditions:
5.1 Except as other wise provided, employees substantially disabled by bodily injury or
sickness in the course and scope of employment shall be paid their regular pay rate for up
to twenty-six (26) weeks from the date of disability, or until the city's workers
compensation insurance carrier terminates temporary disability either by means of a lump
sum settlement or a retirement with pension, whichever event occurs first.
5.2 When an employee receives workers compensation payments, the city shall pay the
employee only the difference between such workers compensation payments and the
employee's regular pay rate. During the time the employee is substantially disabled, the
employee shall continue to accrue annual leave, sick leave, and seniority for purposes of
pay adjustments or advancements.
SECTION 6 - LONG TERM DISABILITY LEAVE:
The city shall provide employees with long term disability leave subject to the following
conditions:
6.1 Employees substantially disabled by bodily injury or sickness outside the course and scope
of employment and employees still substantially disabled after twenty-six (26) weeks of
work disability leave are eligible for long term disability leave.
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6.2 An employee shall be eligible to receive a monthly disability income sixty (60) days after
the occurrence of the disability. Disability income payments shall be based on the
employee's actual salary, and reduced by any deductible benefits, as described in the city's
long term disability insurance program in this MOU.
6.3 Employees may use accumulated leave before being eligible to receive long term disability
insurance benefits.
6.4 Pregnant employees shall be eligible for long term disability leave subject to the same
terms and conditions as any other employee substantially disabled by bodily injury or
sickness outside the course and scope of employment.
6.5 It shall be the employee's responsibility to report back to work promptly at the end of a
long term disability leave. Employees shall get clearance to return to work from the
personnel department.
SECTION 7 - MILITARY LEAVE:
The city shall grant military leave to employees as provided in the California Military and
Veterans Code Sections 389 through 395.4. Employees on ordered military leave shall be paid
their regular pay rate in addition their military pay for periods not to exceed a total of thirty (30)
days each fiscal year as provided by State Codes.
SECTION 8 - LEAVE OF ABSENCE WITHOUT PAY:
The appointing authority has the exclusive authority to approve an employee's request for leave
of absence from work without pay. Such leave of absence shall not be approved unless the
employee provides the appointing authority with a written reason for the request. If the
appointing authority approves such leave of absence for a period of ten (10) working days or
less, the employee shall not lose any seniority for such leave of absence. After the expiration
of an approved leave of absence without pay, employee shall be reassigned to their former
classification. A leave of absence without pay will not be granted in excess of one (1) year.
SECTION 9 - TIME OFF FOR VOTING:
The city shall provide employees with time off for voting subject to the following conditions:
9.1 When an employee claims not to have sufficient time outside of working hours to vote at
a statewide election, the employee may, without loss of pay, with the approval of the
Personnel Manager, take off enough working hours which when added to the voting hours
available outside of working hours will enable the employee to vote. The Personnel
Manager may not authorize an employee to take off more than two (2) hours from work
for voting with pay. The time off authorized for voting shall be only at the beginning or
end of work period, whichever allows the employee the most time for voting and the least
time off from work.
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9.2 If the employee knows or has reason to believe that time off for voting will be necessary
on election day, the employee shall notify the Personnel Manager of that fact at least two
(2) work periods in advance. At least ten (10) days before every statewide election, the
Personnel Manager shall post the provisions of this section conspicuously at the civic
center or elsewhere so that the notice may be seen as employees come to go to their place
of work.
SECTION 10 - REDEMPTION OF ACCUMULATED LEAVE:
Any eligible employee covered by this MOU may redeem up to forty (40) hours
of accumulated vacation or administrative leave once in each calendar year
of this agreement.
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ARTICLE VI
OTHER MATTERS WITHIN THE SCOPE OF REPRESENTATION
SECTION 1 - MEET AND CONFER IN GOOD FAITH - SCOPE:
The city shall not be required to meet and confer in good faith on any subject preempted by
federal or state law.
SECTION 2 - LAYOFF PROCEDURE
The city and association agree to continue to meet and confer on adopting
a revised layoff ptocedure.
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ARTICLE VII
MODIFICATION AND DURATION
SECTION 1 MODIFICATION AND WAIVER:
The city and the association agree that this MOU shall contain all of the covenants, stipulations
and agreements of the parties. The city and the association understand that provisions contained
in the municipal code, personnel rules , or standard management procedures that directly relate
to matters within the scope of representation become a part of this MOU. Except as otherwise
provided, the city and the association agree, understand, and reserve the right, upon mutual
agreement, to meet and confer in good faith with respect to any subject or matter covered in this
MOU.
SECTION 2 - SEVERABILITY:
Notwithstanding any other provisions of this MOU, in the event that any article, section or
subsection of this MOU shall be declared invalid by any court or by any state or federal law or
regulation, or should a decision by any court or any state or federal law or regulation diminish
the benefits provided by this MOU, or impose additional obligations on the city, the city and the
association shall meet and confer on the affected article, section, or subsection. In such event,
all other articles, sections or subsection of this MOU not affected shall continue in full force and
effect.
SECTION 3 - DURATION
3.1 This MOU shall be binding on the city and the association when approved and adopted by
the City Council.
3.2 Except as otherwise provided herein, this MOU shall be in full force and effect from the i
1st day of July, 1992, and shall remain in full force and effect up to and including the 30th
of June, 1993, provided, however, that the salary levels specified shall become effective
as indicated. III
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3.3 The City and the Association agree that negotiations on successor
contract shall begin in the first week of March 1993. The Association
will submit a list of requests to the City no later than February
28, 1993.
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ARTICLE VIII
MISCELLANEOUS PROVISIONS
SECTION 1 - REORGANIZATION OR RECLASSIFICATION
The city agrees to meet and consult with the association in the event of any reorganization
and/or reclassification impacting on the members of the association. The decision to reclassify
job classifications shall remain within the sole discretion of the city.
SECTION 2 - LEGAL COUNSEL:
The city agrees to provide members of the association with legal counsel for job-related matters
other than a grievance or disciplinary actions and in which the association must provide members
a legal defense.
SECTION 3 - SICK LEAVE CREDIT:
The city agrees to provide to new employees hired into a position represented by the association
with thirty (30) days of sick leave upon initial appointment. Said sick leave credit shall be
considered to be given on a loan basis to be repaid to the city if the employee uses more sick
leave than would have been earned as of the date the employee leaves the service of the city.
SECTION 4 - CONFERENCE ATTENDANCE:
The city agrees to permit members of the association to attend one work related professional
conference, during each fiscal year, of the employee's choosing, but with the department head's
approval, at city expense within a five hundred (500) mile radius of the City of Carson and
within the continental United States. This conference would be in addition to any conference
that the department head might require the employee to attend.
SECTIONS - FAIR LABOR STANDARDS ACT:
5.1 The association affirms the city's right and obligation to determine the jobs the City of
Carson which are exempt according to the revisions of the Fair Labor Standards Act.
5.2 The association agrees that the classifications and positions represented by the association
are management positions and are exempt as defined in the Fair Labor Standards Act.
5.3 The association agrees that those positions determined to be exempt as defined in the Fair
Labor Standards Act are exempt from the minimum wage and overtime provisions of the
Fair Labor Standards Act and the overtime provisions of the City of Carson Personnel
pill«
5.4 The City agrees to continue to meet and confer with the Association
on language clarifying the provisions of the Fair Labor Standards
Act.
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ARTICLE IX
CITY RIGHTS
SECTION 1 - EXCLUSIVE CITY RIGHTS AND AUTHORITY:
The city retains the exclusive right to manage and direct the performance of city services and
the workforce performing such services. The city retains the exclusive right to exercise its right
to manage and direct the performance of the city services and the workforce performing such
services. The following matters shall not be subject to the meet and confer process, but shall
be within the exclusive authority of the city. The association expressly and specifically agrees
that except to the extent that the city's rights are expressly and specifically limited by the terms
of this agreement, the association has waived any and all of its rights to meet and confer on any
of the city's rights or the effects of the exercise of any of its rights.
The consideration of the merits, necessity, or organization of any service or activity conducted
by the city shall include but not be limited to the city's right to:
a. Determine issues of public policy;
b. Determine and change the facilities, methods, means, and personnel by which city
operations are to be conducted;
C. Expand or diminish services;
d. Determine and change the number of locations, relocations, and types of operations
and the processes and materials to be employed in carrying out all city functions,
including but not limited to the right to contract out any work or operation;
e. Determine the size and composition of the work force, to assign work to employees
in accordance with requirements as determined by the city, and to establish and
change work assignments;
f. Determine job classifications;
g. Appoint, transfer, promote, demote, and lay off employees for lack of work or
other appropriate reasons;
h. Initiate disciplinary action;
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i. Determine policies, procedures, and standards for selection, training and promotion
of employees;
j. Establish employee performance standards, including but not limited to quality and
quantity standards;
k. Maintain the efficiency of governmental operations;
1. Exercise complete control and discretion over its organization, and the technology
of performing its work and services;
m. Establish reasonable work and safety rules and regulations in order to maintain the
efficiency and economy desirable in the performance of city services; and
n. Determine any and all necessary actions to carry out its mission in emergencies.
The exclusive decision making authority of the city on matters involving the city rights and
authority shall not be in any way, directly or indirectly, subject to the grievance procedure. The
employee may grieve the impact of the exercise of exclusive city rights and authority that
directly relate to matters within the scope of representation.
SECTION 2 - CONCERTED REFUSAL TO WORK:
2.1 If an employee participates in any manner in any strike, work stoppage, slowdown, sick-in
or other concerted refusal to work or participates in any manner in picketing or impediment
to work in support of any such strike, work stoppage, slowdown, sick-in or other concerted
refusal to work or induces other employees of the city to engage in such activities, such
employee shall be subject to discharge by the city.
2.2 In the event the association calls, engages in, encourages, assists, or condones in any
manner, any strike, .work stoppage, slowdown, sick-in, or other concerted refusal to work
by employees of the city or any picketing or work impediment in support thereof, or any
form of interference with or limitation of the peaceful performance of city services, the
city, in addition to any other lawful remedies or disciplinary actions available to it, may
suspend any and all of the rights and privileges accorded the union under any ordinance,
resolution, rules or .procedures of the city, including but not limited to the suspension of
recognition of the association, and the use of the city's bulletin boards and facilities.
2.3 The city shall not lock out employees.
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ARTICLE X
ASSOCIATION SECURITY
SECTION 1 - RECOGNITION:
1.1 Pursuant to City of Carson Resolution No. 85-107 and state law, the city recognizes the
association as the exclusive representative for all employees in the classifications listed as
follows:
Accounting Manager, Community Center Manager, Community Planner, Division
Engineer, Employment Services Manager, Public Information Manager, Purchasing
Manager, Redevelopment Project Manager, Revenue Manager, Superintendent of Parks
Maintenance, Superintendent of Public Works Maintenance, Superintendent of Recreation.
1.2 The association recognizes the Employer-Employee Relations Officer as the exclusive
representative of the city for purposes of entering into this MOU.
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