HomeMy Public PortalAbout04-035 _4SON,
O
RESOLUTION NO. 04-035
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, SUPPORTING A STATEWIDE BALLOT INITIATIVE TO
REQUIRE VOTER APPROVAL BEFORE STATE GOVERNMENT MAY
CONFISCATE LOCAL TAX FUNDS
WHEREAS, the state annually seizes $824 million of city property tax funds
(ERAF), seriously reducing resources available for local public safety and other services
and increasing pressure on cities to raise fees on new housing developments, increasing
the cost of housing; and
WHEREAS, in adopting the FY 2003-04 state budget the Legislature and
Governor confiscated local vehicle license fee backfill and redevelopment property tax
funds that are needed to finance critical city services such as public safety, housing and
economic development; and
NMEREAS, the FY 2003-04 state budget also relies on a deficit bond financing
program opposed by the League that is predicated on a local property and sales tax swap
that leaves cities vulnerable to future losses if the state's economic condition fails to
improve; and
NMEREAS, the adopted budget assumes the state will continue to face an
ongoing structural budget deficit of at least $8 billion,putting local government financial
resources at risk in future years; and
WHEREAS, it is abundantly clear that state leaders will continue to use local tax
funds to balance the state budget unless the voters limit the power of the Legislature and
Governor to do so; and
WHEREAS, research conducted by the League in recent years indicates that an
initiative that requires voter approval before the state government can confiscate local tax
funds would likely be supported by an overwhelming number of voters; and
WHEREAS, the voters of California are the best judges of whether funds
traditionally used to finance valuable community services should be diverted,
confiscated, shifted or otherwise taken by the Legislature to finance an ever expanding
state government; and
CARSON CITY COUNCIL RESOLUTION NO. 04-035
REGULAR MEETING 1 OF 2 FEBRUARY 18,2004
WHEREAS, the Board of Directors of the League of California Cities by
unanimous roll call vote at its July 2003 meeting voted to sponsor a statewide ballot
initiative to empower the voters to limit the ability of state government to confiscate local
tax funds to fund state government; and
WHEREAS, the League Board of Directors has established a political action
committee, known as CITIPAC, to raise private funds to finance part of the cost of such
statewide initiative campaign; and
WHEREAS, the League Board of Directors has requested that city officials
across the state show their support by adopting resolutions supporting such an initiative
and encouraging city officials and others to dedicate their personal time to the campaign
to secure voter approval of the initiative.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, HEREBY FINDS, DETERMINES AND RESOLVES AS
FOLLOWS:
Section 1: The City of Carson unequivocally declares their support for "The
Local Taxpayers and Public Safety Protection Act," and by so doing sends a resounding
message to the Legislature and the Governor that the voters of California should be
empowered to reestablish limitations on the state's power to seize local tax funds that
finance vital local services.
PASSED,APPROVED AND ADOPTED this 18th day of February,2004.
Gl2/�
/11AYOR PRO TEM
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
a
ITY ATT&NEY
CARSON CITY COUNCIL RESOLUTION NO. 04-035
REGULAR MEETING 2 OF 2 FEBRUARY 18,2004
Resolution No. 04-035
Page 3 of 3
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole
number of members of the City Council is four; that the foregoing resolution, being Resolution No. 04-035
as duly and regularly adopted by said Council at a special meeting duly held on the 18th day of February,
2004, and that the same was passed and adopted by the following vote:
AYES: COUNCIL MEMBERS: Mayor Pro Tem,Calas, Dear, and Santarina
NOES: COiJNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Raber
City Clerk, City of Carson, alifornia
RESOLUTION NOo 03-125
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF CARSON
AND
THE PROFESSIONAL ASSOCIATION
1p
JULY 1, 2001 — JUNE 30, 2003
i
A MEMORANDUM OF UNDERSTANDING FOR THE PERIOD JULY 19
2001 THROUGH JUNE 30, 2003, BETWEEN THE CITY OF CARSON AND
THE EMPLOYEES ASSIGNED TO CLASSIFICATIONS IN THE UNIT
REPRESENTED BY THE PROFESSIONAL ASSOCIATION.
PROFESSIONAL ASSOCIATION CITY OF CARSON
Kenneth P. Freschauf iero rodmes
President City Manager
&A
Sandra Tomita, George J. Penn
Secretary Assistant City Manager
Barry W te uel Aco4a.
Board Member AVministrative Services General Manager
J nie Palermo Ramona Lopez
Chd Member Director of Human Resources
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TABLE OF CONTENTS
PAGE NO.
e PREAMBLE ........................................................................................................ 1
ARTICLE I DEFINITION OF TERMS .............................................. 2
Section1 - Acting @gooses 004 08 99966*6........................................2
Section2 - Classification 966*469660466**see@*9648806668@9 sesoosogeoges**sees ego@ GO&****..........................2
Section3 ..................................2
Section 4 - Department Director.0040080060000006 00000600000009 so$ gooses 02.........2
Section5 - Employee 00006090000*00*66*6@96 000*2..........................2
Section 6 - Full T
Section 7 - General Manager......................................................................2
Section 8 - Immediate F ...........2
Section 9 ON .....3
Section 10 OR ...3
SectionI 1 - Pay Period Does*69906689*6 go****69400666690009 see 00003.......................3
Section12 - Position too 6964800@06990#49 sees @*****so off*fee 849409*6@96 0 0*3.............................3
Section 13 NO Prevailing Pay Rate.......*asset*900000004046 g0000000@ 0@ @00040 gooses*******see*so 00003......3
Section14 - Professional...9409904466 see see*so sessfeefee so*gooses&000 0#0 004*of eo@9 990908 000 0 Mae*of*0043..........................3
Section15 - Seniority...........**eases sefooesese see 4066669864490096 00009000&4 see of 0000 see 0400000#0*see o3............................3
Section 16 - Western Continental United States 009*490 Goose*see*so Do @*@so 03
Section 17 - Workday..... 0000 00**@*so*0*6 so 0 3
Section 18 - Work ...................3
Section 19 - Work W ...................4
ARTICLE II COMPENSATION........................................................ 4
Section 1 - Salary....................................
Section 2 - Shift Differential......................................................................5
Section3 - Acting Duty Pay.....................................................................5-7
Section 4 - Salary Advancement 000040*00 00600,00 00907............7
Section 5 AND Allowance for Mileage ..........................................................7-8
Section 6 - Allowance for Unifo s so 000604 69&006060006@ 69968...8
Section 7 - Compensation for Home Telephone Calls........000046090 0000400*so see 08
Section 8 - Allowance for Safety Shoes.......6@90000400 640*96@696600 0000*0 oesessessootoo so*8
Section 9 - Overtime Compensation........................................................8-9
Section 10 - Administrative L ...10
Section I 1 - Court Summons/Subpoena/Jury Duty.....0400000600000900004 0900*so*fee 0010
� Section 12 - Holiday Compensation......004000066000 0000000048*sea**000*060 Soo soossooefoofe 00410........10
Section 13 - Bilingual Usage
44 Section 14 - Annual Reimbursement ..........................................................
Section 15 - Paycheck Distribution.............gooses 696609964 000*0 004 foe as*see a so a as**@ago*040..:......11
Section 16 - Overpayment Remedy 690600940006006066006*foe see***@ so woof*ego**see 000*a Go 000***11...11
Section 17 = Attainment of Professional Engineer Registration .................12
Section 18 - Redevelopment Agency Meeting Pay @00000 12
ii
ARTICLEIII 060000*900000 00 0*09000000**eel 2.........................12
Section 1 - Annual Leave.......................................................................12-13
Section - Sick ...................13-14
Section 3 Compensatory Leave 04000 000 6@00400 14
Section 4 - Administrative Leave.............. fee*@** 15
Section 5 - Leave of Absence Without Pa
. Section 6 - Workers Compensation 1546
Section 7 - Military ................16
Section 8 - Time Off for V ......16
Section9 - Lunch Period........................................................................16-17
Section 10 - Rest ......................17
Section I I - Holiday Leave...of 094 0000000 0@0000 assets 0006 ease 09*60*4960 DOI 7 18
Section 12 - Redemption of Accumulated Leave................***pesos@*$*as 0 assess see 18
ARTICLE IV INSURANCE AND RETIREMENT BENEFITS ..... 18
Section 1 - Health Insurance Premium...................................................18-19
Section 2 - Dental Insurance 9
Section 3 - Long Term Disability Insurance Program some OO&OGOO st.,90*9060*400600*20
Section 4 - Life Insurance Premium.......................................................20-21
Section 5 - California Public Employees Retirement System (CalPERS) 21-22
Section 6 - Deferred Compensation Program ...........................................22
Section 7 - Vision Care Program...............................................................22
Section 8 - Section 125 Plan ....................................................................23 ,n
ARTICLEV SAFETY ........................................................................ 23
Section 1 - Safety R .............23
Section 2 - safety Devices and S
Section 3 - Safety Committee........................
Section 4 - Use of Veterans Park SportsComplex..................................23-24
ARTICLE VI CITY RIGHTS.............................................................. 24
Section 1 - Exclusive City Rights and Authorty...................................24-25
Section 2 - Concerted Refusal to Work.....................................................25
ARTICLE VII ASSOCIATION SECURITY ...................................... 25
Section 1 - Dues Deduction.......................................................................25
Section 2 - Legal Counsel .........................................................................26
Section 3 - Meet and Confer in Good Faith- Scope.................................26
Section 4 - Release Time L ......26
Section 5 - Conference Attendance...... 26-27...26-27
Section 6 - Fair Labor Standards Act 00*0000000 00*0 0000900 00000 000006009000*04927
ARTICLE VIII GRIEVANCE PROCEDURE ....:................................ 27
Section1 - Purpose............. sees goes see$0000 oessooese 6 98666627...........................27
Section2 - Definition................................................................................27
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Section 3 - Grievance S .........27-29
Section 4 - Non-Departmental Grievances................................................30
Section 5 - Extensions of Time................................................................30
Section 6 Matters Excluded From the Grievance Procedure.................30
ARTICLE IX APPEAL PROCEDURES............................................ 30
Section 1 - Request for Disciplinary Hearing ...........................................30
I Section 2 - Scheduling of Disciplinary Hearing.......................................31
Section 3 - Hearing Officer.......................................................................31
Section 4 - Representation at Disciplinary Hearing.................................31
Section 5 - Burden of Proof and Evidence................................................31
Section 6 - Conduct of the Disciplinary Hearing.....................................32
Section 7 - Hearing Officer's Decision.....................................................32
ARTICLE X LAYOFF........................................................................ 32
Section 1 - Prerequisite for Layoff............................................................32
Section 2 - Order of Layoff,.*moose*so***go so aeo*oe@000@ooeoo message moose gas so see s9o*9sooeosSSoSSo33.............33
Section 3 - Voluntary Demotion ...............................................................33
Section4 - Recall .....................................................................................33
ARTICLE XI MODIFICATION AND DURATION ........................34
Section 1 - Severabil ity............................................................................34
Section 2 - Duration ..................................................................................34
ARTICLE XII OTHER MATTERS WITHIN THE SCOPE OF
REPRESENTATION .................................................. 34
Section 1 - Status of Grant Funded Employees..................:......................34
Section 2 - Promotional Opportunities.... esigooesse see**Does eaessoes 34-35 34-35
Section 3 - Personnel Subcommittee..............amasses***see 999osoese*@ as as 000soo9oeo9oo*035.....35
APPENDIX A Salary Schedule too sesames*@@*seem see eo*0000*000000 a ooees*osoos*436....................36
3% Effective 7/1/2001
.P_
APPENDIX B Salary Schedule
2.8% Effective 7/1/2002 ............................................................ 37
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PREAMBLE
The City--of Carson (hereinafter the "City") recognizes the Professional Association
(hereinafter the "Association") as the sole bargaining agent for the employees in the unit
in all matters concerning wages, hours, and working conditions. The classifications
a
contained in this unit are set forth in Appendix A. -
It is agreed that this Memorandum of Understanding was negotiated pursuant to Chapter
10 (Section 3500 et. seq.) of Division 4, Title 1 of the Government Code and pursuant to
Resolution No. 85-107, Employer-Employee Relations Resolution of the City.
The Association recognizes the Employer-Employee Relations Officer as defined in
Resolution No. 85-107 as the exclusive representative of the City for purposes of entering
into this Memorandum of Understanding.
The City and the Association agree to make a good faith effort to assure that all rules,
policies, and procedures are uniformly and consistently applied and followed throughout
the City service.
The City and the Association agree that each party has had the opportunity in the course
of these negotiations to raise any and all matters within the scope of their meet and confer
obligations, and that this Memorandum of Understanding represents the parties' full
agreement on all matters within scope. Thus, the parties agree that neither side has any
obligation to meet and confer on any matter during the term of this Memorandum of
Understanding, except by mutual consent.
1
ARTICLE I
SECTIONS 1-8
ARTICLE I
DEFINITION OF TERMS
The following terms, whenever used in this Memorandum of Understanding ("MOU" or
"Agreement"), shall have the meaning set forth in this Article.
SECTION 1 -ACTING DUTY:
On a temporary basis, the performance by an employee of the duties of a higher
classification with a higher pay range than the pay range of the employee's usual
classification.
SECTION 2 - CLASSIFICATION:
A position or group of positions sufficiently similar in respect to duties and
responsibilities such that the same descriptive classification title is assigned.
SECTION 3 -DAY:
A calendar day unless otherwise designated.
SECTION 4 -DEPARTMENT DIRECTOR:
An individual assigned to any of the following classifications: Director of Public Works,
Director of Finance, Director of Public Safety, Director of Parks and Recreation, or
Director of Human Resources.
SECTION 5 -EMPLOYEE:
� An individual compensated through the City payroll and appointed to a City
classification.
SECTION 6-FULL TIME:
A period of 40 hours of work per week in increments of eight, nine or ten hours per shift.
SECTION 7-GENERAL MANAGER:
An individual assigned to any of the following classifications: Administrative Services
General Manager, Economic Development General Manager, Development Services
General Manager, or Public Services General Manager.
SECTION 8-IMMEDIATE FAMILY:
Shall include an employee's spouse, children, parents, stepparents, brothers, sisters,
grandparents, grandchildren, parents-in-law, brothers-in-law, sisters-in-law, sons-in-law,
daughters-in-law, stepchildren, or any relative, including a foster child, living in the
immediate household.
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ARTICLE I
SECTIONS 9-18
SECTION 9 -LEAVE:
An authorized absence from work.
F
SECTION 1
An employee in any classification designated by the City Manager as managerial.
SECTION 11 PAY PERIOD:
A pay period consists of two (2) consecutive workweeks established to provide twenty-
six (26) pay periods each calendar year.
SECTION 12 -POSITION:
A group of current duties and responsibilities assigned by the City which constitute the
services to be performed by an employee.
SECTION 13 -PREVAILING PAY RATE:
The basic pay rate within a pay range paid to an employee for the performance of the
duties of a classification.
SECTION 14 - PROFESSIONAL:
For the purposes of this Memorandum of Understanding, shall include those positions
found in Appendix A of this document. D
SECTION 15 -SENIORITY:
.9
Status acquired by an employee based on the employee's period of continuous City
service.
SECTION 16-WESTERN CONTINENTAL UNITED STATES:
The Western Continental United States shall be defined as west of the Continental
Divide.
SECTION 17 -WORKDAY:
A workday is an individual 24-hour period within a seven consecutive day (168-hour)
workweek.
SECTION 18 -WORK SCHEDULE:
A work schedule is a 40 hour/week schedule consisting of;
a
18.1 8 hours in a workday for five(5) consecutive workdays within a workweek;
18.2 10 hours in a workday for four(4) consecutive workdays within a workweek.
3
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ARTICLE I; II
SECTIONS 19; 1
5ECTION 19-WORK WEEK:
A work week is a fixed and regularly recurring period of 168 hours—seven consecutive
a 24-hour periods (workday) which begins at 12:01 a.m. on Saturday and concludes at
12:00 a.m. on the following Friday.
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ARTICLE II
COMPENSATION
r
SECTION 1 - SALARY:
1.1 The City agrees to adjust the salary ranges assigned to the Professional
Association upward by three percent (3%) effective July 1, 2001, subject to the
signing of this MOU by all parties.
1.2 The City agrees to adjust the salary ranges assigned to the Professional
Association upward by the amount equivalent to the increase in the Consumer
Price Index from March 2001 to March 2002, not to exceed four percent (4%),
effective July 1, 2002. As used herein, the term "Consumer Price Index" means
that information most recently available from the Bureau of Labor Statistics for
the Index—All Items— 1967 = 100 for Urban Wage Earners and Clerical Workers
(CPI-W), for Los Angeles-Riverside-Orange County, CA.
1.3 For the term July 1, 2002 through June 30, 2003, the City further agrees to adjust
the salary ranges assigned to the Professional Association upward by any
percentage increase granted to any other bargaining unit or group of employees,
that exceeds the amount of salary increase granted under Subsection 1.2 of
Section 1 of this Agreement, and which is to be effective on July 1, 2002 or the
same effective date as that granted to any other bargaining unit. _V9
1.4 The City agrees to grant employees represented by the Professional Association
the same amount of any additional lump-sum salary payment granted to any other
.bargaining unit or group of employees, payable on the same date for the duration
of this MOU.
1.5 The City agrees to include all positions within the Professional Association
membership, as specified in Appendix A of this MOU, in a City-wide
classification/compensation study to be initiated by December 31, 2001. The
results of said study will be presented to the City Council for consideration within
a reasonable period after the completion of said study. Said City-wide
classification/compensation study shall also include a comprehensive job series
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analysis and review of the Administrative Specialist/Analyst classifications.
1.6 Whatever salary adjustments to job classifications may be approved by the City
Council following completion of the City-wide classification/compensation study
shall be made effective retroactively to July 1, 2002. The City-wide
classification/compensation study results and proposal shall be presented to the
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ARTICLE II
SECTIONS 1-3
City Council for consideration of implementation by June 30, 2003. However,
. additional time may be needed due to requirements related to possible appeals and
challenges to the classification/compensation study results. If additional time is
needed due to challenges or appeals for the implementation, the additional time
shall not exceed 30 days (July 30, 2003). If after July 30, 2003 the challenges and
appeals have not been resolved, the City and the Professional Association shall
meet and confer on the matter.
1.7 Longevity Pay
a. Effective July I, 1999, the City agrees to pay employees two and one-half
percent (2-1/2%) of their prevailing pay rate as longevity pay commencing
after they have attained fifteen (15) years service credit.
b. Effective July 1, 1999, the City agrees to pay employees an additional two
and one-half percent (2-1/2%) of their prevailing pay rate as longevity pay
commencing after they have attained twenty(20) years service credit.
C. Effective July 1, 2002, the City agrees to pay employees an additional two
and one-half percent (2-1/2%) of their prevailing pay rate as longevity pay
commencing after they have attained thirty(30) years service credit.
SECTION 2 - SHIFT DIFFERENTIAL:
2.1 Employees scheduled to work during the first shift from 6:30 a.m. to 6:30 p.m.
shall not be paid shift differential pay for any hours worked.
2.2 Non-exempt employees scheduled to work during the second shift shall receive
shift differential pay calculated as a five percent(5%) increase in the employee's
prevailing pay rate for any hours worked from 2:00 p.m. to 11:00 p.m.
2.3 Non-exempt employees scheduled to work during the third shift shall receive
shift differential pay calculated as a ten percent (10%) increase in the
employee's prevailing pay rate for any hours worked from 11:00 p.m. to 7:00
a.m.
2.4 The City shall be able to establish schedules for the first, second, and third shifts
in accordance with the City's operational requirements. Assignment to 9/80 or
4/40 shifts shall not require payment of shift differentials unless the majority of
the hours worked fall within the hours shown in 2.2 or 2.3 above.
SECTION 3 -ACTING DUTY PAY:
{
3.1 The department director may appoint an employee to acting duty status to
perform the duties of a higher classification that is vacated or newly created
subject to the following restriction:
Its
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ARTICLE II
SECTION 3
The position vacated or newly created requires that an employee perform all the
duties of that position at all times. a
3.2 An employee may serve in acting duty status only until such time as the City
makes a regular appointment to the classification, or until such time that the
{
incumbent employee returns to work.
fective for a period of up to 90 days except
3.3 An acting duty appointment maybe ef
3� for unusual circumstances as defined by the City. The City may extend an acting
• duty appointment.
3.4 An employee appointed to acting duty status shall be paid a pay rate not less than
the minimum pay rate in the pay range for acting duty classification, and such
acting duty pay rate shall be at least ten percent (10%) more than the employee's
prevailing pay rate immediately prior to acquiring acting duty status.
3.5 An employee shall not be paid more than the maximum pay rate in the pay range
for the acting duty classification.
3.6 While serving in acting duty status, the employee shall continue to receive any
pay adjustments or advancements granted to the employee's permanent
classification.
3.7 An employee appointed to acting duty status shall receive acting duty pay
immediately upon assuming the acting duty position, provided the assignment is
for at least eight(8)hours.
3.8 An employee has the right to refuse any acting duty assignment with justification
as determined by the Director of Human Resources.
3.9 . An employee may be removed from acting duty status for any legitimate reason
at any time.
3.10 If an employee in a subordinate classification is appointed to acting duty status in
a higher classification and an employee in a superior classification is bypassed,
the employee in the superior classification may submit a statement of exception
to the appointing authority, through the Director of Human Resources.
3.11 Department policy for acting appointments shall be consistent with these
guidelines and on file in the Human Resources Department.
3.12 If an employee in this bargaining unit is temporarily appointed to acting duty
status in another unit, such employee shall continue to receive the same benefits
at the same levels and rates received prior to such acting duty assignment.
3.13 Employees appointed to acting duty in positions FLSA exempt from over-time,
will receive compensatory leave in lieu of overtime for hours worked in excess
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of 40 hours in a week.
3.14 An employee has the right to discontinue an acting appointment with 72 hours
notice.
3.15 Employees who have holidays fall within the dates of an acting duty appointment
shall receive holiday pay at the acting rate for all such holiday hours if worked.
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ARTICLE II
SECTIONS 3-5
3.16 The City has been working with representatives of all groups to- establish a
mutually-agreeable acting duty policy. The City will make a good faith effort to
continue to try to resolve the Acting Duty issues through that venue.
SECTION 4 - SALARY ADVANCEMENT:
4.1 Advancement shall mean a pay rate increase given to an employee, contingent
upon a satisfactory or better performance evaluation, within the pay range
established for the employee's classification. An employee's pay rate increase
'4
shall be effective on the employee's merit date.
4.2 If an employee's performance evaluation has not been completed, discussed with
the employee and received by the Human Resources Department by the merit
date, the merit increase will be processed as scheduled.
4.3 The City shall retain its flexibility to hire employees with exceptional skills or
qualifications at a pay rate above step A.
4.4 In addition to those conditions provided for in standard management procedures,
employees shall be eligible for advancement when the employee's length of
satisfactory service in their classification satisfies the following requirements, or
as described in Subsection 4.5, below:
Monthly Monthly Monthly Monthly Monthly Monthly
Salary Salary Salary Salary Salary Salary
A B C D u E F
Date of after after after after after
Appt4a 6 mos. 6 mos. 12 mos. 12 mos. 12 mos.
in Step A in Step B in Step C in Step D in Step E
4.5 The City Manager, at his/her sole discretion, or upon the recommendation of the
Assistant City Manager or a General Manager, may grant an accelerated merit
pay increase for exceptional job performance. Such merit pay increase shall not
be governed by the required service time or five percent (5%) pay step
differential required by Subsection 4.4, above. Exceptional job performance
merit pay increases shall not exceed ten percent (10%) in any 12-month period,
and shall not exceed Step F of the employee's current range. As used herein,
"exceptional job performance" shall mean an employee whose performance
evaluations are current and who received an "outstanding" overall performance
{
rating on his/her most recent performance evaluation.
' SECTION 5 -ALLOWANCE FOR MILEAGE:
5.1 The City shall reimburse employees for use of their personal automobiles for
official City business at the rate of thirty-five cents ($.35) per mile, plus any
parking fees or tolls associated with City business. Effective January 1, 2003, the
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ARTICLE II
SECTIONS 5-9
City shall adjust the rate annually in accordance with the current IRS rate. The
rate effective January 1, 2003 is thirty-six cents ($.36)per mile.
5.2 Reimbursement for mileage and related fees shall be made through submission of
a petty cash reimbursement form and-, mileage reimbursement form to the City
Treasurer's office. Such reimbursements may not exceed $75.00.
Reimbursements exceeding $75.00 must be reimbursed through the City's demand
register process. (This Subsection shall not be effective until the adoption of an
ordinance by the City of Carson, amending Article II, Chapter 5, Section,,2513 of
the Carson Municipal Code.)
5.3 Reimbursement requests must be filed within the time frame required by SMP
No. 3.18 or any SMP which maybe subsequently adopted.
SECTION 6-ALLOWANCE FOR UNIFORMS:
The City shall, in its sole discretion, determine eligibility standards for uniforms.
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SECTION 7-COMPENSATION FOR HOME TELEPHONE CALLS:
7.1 Non-exempt employees receiving or initiating work-related telephone calls at
home as part of their regular duties shall be compensated for such calls at the rate
of one-half(1/2) hour pay. If an individual call or group of calls exceed one-half
(1/2) hour's time, the compensation will be rounded up to the next one-half(1/2)
hour increment.
7.2 Evidence of said telephone calls shall be provided by the employee's telephone
bill and shall include a statement from the person making such call indicating the
date, time, and purpose of the telephone call.
SECTION 8-ALLOWANCE FOR SAFETY SHOES:
The City, in its sole discretion, shall determine eligibility standards for safety shoes.
SECTION 9-OVERTIME COMPENSATION:
The choice between overtime pay or compensatory time will generally be allowed to be
made at the discretion of the employee unless, with reasonable notice, the City
determines that the employee must receive compensatory time, or unless not otherwise
allowed by the Fair Labor Standards Act, as determined by the City. Employees shall not
work overtime unless authorized in writing in advance to do so by the General Manager
and/or Department Director. Those positions listed in Section 6, Subsection 6.2, of
Article VII, are exempt from the payment of overtime compensation by the Fair Labor
Standards Act and as such, do not receive overtime pay.
9.1 Overtime shall not be paid for hours worked during the scheduled work shift.
9.2 The City shall provide employees with overtime compensation subject to the
following conditions: T
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ARTICLE II
SECTION 9
a. Employees shall receive either pay, calculated at one and one-half times
their prevailing pay rate, or compensatory leave, credited at one and one-
half hours for each hour of work performed as follows:
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(i) Work performed in excess of forty(40)hours in a work week.
(ii) Work performed on the first, second, or third scheduled day of rest.
b. The first quarter hour of the first overtime hour shall not be considered
overtime work unless the employee works more than a quarter hour of
overtime. For purposes of determining an employee's eligibility for
overtime compensation only, authorized paid leave shall be considered as
hours of work.
C. When the City Manager, Assistant City Manager or a General Manager
decides that an emergency exists and requires that employees not on a
scheduled shift work more than four (4) hours between midnight and
8:00 a.m., such employees shall receive, at the discretion of the City
Manager, Assistant City Manager or General Manager, either pay,
calculated at two and one half times (2-1/2) their prevailing pay rate, or
compensatory leave, credited at two and one-half hours, for each hour of
emergency work. When the City Manager, Assistant City Manager or
General Manager requires that employees work more than eight (8) hours
during an emergency, such employees shall not return to work for at least
eight (8) hours following completion of their emergency work. This
section does not apply to hours worked between midnight and 8:00 a.m. if
the hours worked are due to a schedule change during a declared state of
emergency lasting more than twenty-four(24) hours.
. d. Employees called in to work at a time other than their scheduled shift shall
receive overtime compensation for a minimum of three (3) hours
regardless of the number of hours actually worked, except that if an
employee does not report for work within sixty (60) minutes after being
called in, such employees shall not be entitled to the minimum
compensation,but shall be compensated only for the time actually worked.
e. When in a declared state of emergency it becomes necessary to schedule
employees on 12 hour shifts, employees shall receive either pay,
calculated at one and one-half (1-1/2) times their prevailing pay rate, or
compensatory leave, credited at one and one-half (1-1/2) hours for each
hour of work performed.
9.3 Employees shall not be required to shift working hours to avoid receiving
overtime or compensatory leave, except as it relates to voluntary attendance at
,x conferences, conventions, or other training classes or workshops.
9
ARTICLE II
SECTIONS 10-13
SECTION 10 -ADMINISTRATIVE LEAVE:
Employees in classifications which are exempt from payment of overtime compensation
by the FLSA shall receive administrative leave as described in Section 4 of Article III of
this Agreement.
SECTION 11 - COURT SUMMONS/SUBPOENA/JURY DUTY:
11.1 Summons and Subpoenas
4
° a. Any employee summoned to provide testimony on behalf of the City, or at the
direction of the City Manager, City Attorney or any General Manager, in any
municipal, superior or federal court proceeding, in any administrative
proceeding before any local, federal or state agency, board or commission, or
in any arbitration or mediation, shall be paid their prevailing pay rate during
such court service.
b. Any employee appearing to provide testimony on behalf of himself/herself, in
any municipal, superior or federal court proceeding, in any administrative
proceeding before any local, federal or state agency, board or commission, or
in any arbitration or mediation, shall be required to use approved accrued
leave time, or shall take time off as approved leave without pay.
Unless the absence due to a court appearance severally interferes with
department operations, the General Manager and/or Department Director will
n not unreasonably deny requests for approved leave for the purposes described
in"a" and"b" above.
11.2 Jury Duty
Pay for jury duty shall be limited to ten (10) working days in any one calendar
year. Payment for jury duty shall be limited to those work days, or portions of
work days, which fall during the employee's regular work schedule, and shall not
exceed forty(40)hours in any work week.
SECTION 12 -HOLIDAY COMPENSATION:
Employees required to work on a holiday shall receive, at the discretion of the General
Manager, either pay, calculated at two and one-half(2'/2) times their prevailing pay rate,
or compensatory leave;credited at two and one-half(2%2) hours, for each hour worked.
SECTION 13 -BILINGUAL USAGE PAY:
13.1 The Director of Human Resources may authorize compensation to an employee
for using bilingual skills during the course of work upon receipt of a written
justification from the General Manager.
10
ARTICLE II
SECTIONS 13-16
13.2 Employees required to use bilingual skills during the course of work may petition
for bilingual usage pay by submitting written justification approved by the
General Manager to the Director of Human Resources.
13.3 Bilingual usage pay shall be $50.00 per month.
13.4 The City may, at its discretion, proficiency in a second test employees for
language in order for such employees to receive bilingual pay.
r
SECTION 14 -ANNUAL REIMBURSEMENT:
The City agrees to provide each member of the Association within the first quarter of
each fiscal year the sum of five hundred fifty dollars ($550) for reimbursement in
anticipation of expenditures for professional development. Provided that, for fiscal year
2001/02, payment shall be made on the first possible pay date immediately following the
execution of this Agreement by the City and the Association. Professional development
expenditures may include: costs incurred for job-related classes or seminars not paid for
by the City; computer equipment and job-related software, books, reference publications
or other educational materials; membership or association fees; or any other expenses
which promote the professional development of the employee and promote the best
interests of the City.
SECTION 15 -PAYCHECK DISTRIBUTION:
15.1 Payday shall be bi-weekly on Thursday. In the event the City determines to
change the method of paycheck distribution, the Association will be advised thirty
(30)working days in advance.
15.2 Paychecks shall be dated and distributed bi-weekly on the Thursday payday, or
' any other designated day determined at a later date.
SECTION 16w OVERPAYMENT REMEDY:
Employees covered herein shall reimburse the City for any overpayment of wages or
benefits. Employees shall notify the City within three (3) working days of any such
overpayment. Said reimbursement shall not be required until the City notifies the
affected employee in writing. Reimbursement may be accomplished by lump-sum
deduction made on the next subsequent employee payroll warrant following overpayment
notification, or by other reasonable re-payment method acceptable to the employee and
the City, except that the lump-sum deduction shall be required if the next subsequent
employee payroll warrant is the final or termination warrant issued to the affected
employee. The Human Resources Department shall not unreasonably withhold approval
of scheduled payroll deductions to recover the overpayment.
R
11
s
ARTICLE II; III
SECTIONS 17-18; 1
SECTION 17 - ATTAINMENT OF PROFESSIONAL ENGINEER
REGISTRATION:
Employees in the Civil Engineering Assistant classification who attain registration as a
California Professional Engineer shall be promoted to Civil Engineering Associate. An
employee appointed to Civil Engineering Associate shall be paid at a rate that provides at
least a five percent (5%) increase. Such appointment shall require completion of a six-
month probationary period and verification of registration as a Professional Engineer.
F
SECTION 18 -REDEVELOPMENT AGENCY MEETING PAY:
The City shall pay thirty dollars ($30) for attendance at each adjourned or special
Redevelopment Agency meeting to any exempt employee required to attend any such
meeting if the meeting is held outside of the employee's regular work schedule. As used
herein, the phrase "adjourned or special Redevelopment Agency meeting" shall mean any
meeting other than the two regular monthly meetings of the Redevelopment Agency,
whether held on the regular date and time or not. The effective date of this provision
shall be April 1, 2002.
ARTICLE III
LEAVES
SECTION 1 -ANNUAL LEAVE:
The City shall provide employees with annual leave subject to the following conditions:
1.1 Annual leave is the period of approved absence with pay from regularly scheduled
work that are not properly chargeable to some other category of leave.
1.2 The General Manager and/or Department Director has the exclusive authority to
approve the use of annual leave by an employee. Unless the employee's use of
annual leave interferes with department operations, the General Manager and/or
Department Director shall permit annual leave to be used at the employee's
discretion.
1.3 Employees shall be credited with annual leave at the following accrual rates:
a. 11.33 hours for each month of service or major portion thereof from date
of appointment to fifth(5th) anniversary date; (0-5 yrs.)
b. 13.33 hours for each month of service or major portion thereof upon fifth
(5th) anniversary date to tenth(10th) anniversary date; (6-10 yrs.)
C. 16.66 hours for each month of service or major portion thereof upon tenth
r (1 0th) anniversary date; (11 yrs.+)
d. Ten (10) hours upon 20th anniversary date in addition to monthly accrual
d
under Section 1.3c;
12
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ARTICLE III
SECTIONS 1-2
e. Twenty (20) hours upon 21st anniversary date in addition to monthly
accrual under Section 1.3c;
f. a Thirty (30) hours upon 22nd-3 anniversary date in addition to monthly
accrual under Section 1.3c;
F g. Forty (40) hours upon 23rd anniversary date in addition to monthly
accrual under Section 1.3c
1.4 Employees shall not be credited with annual leave for leaves 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 (1)time.
1.6 No member of the association shall carry over into the next calendar year more
than four hundred (400) hours of annual leave. Exceptions to this rule, due to
unusual circumstances, maybe approved by the City Manager.
1.7 When an employee separates from the City service the employee shall be
compensated for any accrued annual leave, calculated using the employee's
prevailing pay rate on the date of the employee's separation from City service.
SECTION 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 failing to satisfactorily complete their probationary period or who
resign during their probation period must reimburse the City for utilized sick
leave. Sick leave may not be used in increments of less than one-half hour.
Employees may use accrued sick leave only after completing their initial one
month of service.
2.3 Employees may accrue a maximum of one thousand (1,000)hours of sick leave.
2.4 Employees may not use sick leave at their discretion, but only in cases of actual
sickness, illness, injury or quarantine of the employee, actual sickness, illness,
injury or quarantine of the employee's immediate family, domestic partner, and/or
child of the employee's domestic partner, or for bereavement. Sick leave shall be
used for personal or family medical, dental, and optical appointments, and for any
other appointments for the purpose of obtaining professional diagnosis and/or
examinations for a medical or mental health condition of the employee or his/her
immediate family, domestic partner and/or child of his/her domestic partner.
Employees shall also use any accrued sick leave for leave necessitated as the
result of pregnancy disability under California Government Code Section 12945,
family medical leave under Government California Code Sections 12945.2 and
13
ARTICLE III
SECTIONS 2-3
I2945.3 (the Moore--Brown-Roberti Family Rights Act), or 42 U.S.C. Section
2601, et seq. (the Federal Family Medical Leave Act). As used in this Section 2,
the term"domestic partner" shall mean any person who has qualified as a member
of a domestic partnership with said employee pursuant to Division 2.5, Parts 1 -
through 5, of the California Family Code, commencing with Family Code Section
297.
3
2.5 When an employee uses sick leave, the employee shall complete and submit a
signed leave request form. When an employee uses sick leave in excess of two
(2) consecutive working days, and there is a pattern of absenteeism, the City may
require an employee to present, upon return to work, a medical certification
signed by a physician or licensed medical practitioner verifying the need for such
sick leave.
2.6 An employee shall be paid one-half the value of accumulated unused sick leave
up to seven hundred sixty (760) hours, using the employee's prevailing pay rate,
upon termination from the City during the duration of this Memorandum of
Understanding.
2.7 The General Manager and/or Department Director may only approve the use of
other leaves in lieu of sick leave when an employee has no sick leave available
and the need for such leave is due to a catastrophic illness or injury to the
employee or his/her immediate family, domestic partner and/or child of his/her
domestic partner.
SECTION 3 -COMPENSATORY LEAVE:
The City shall provide FLSA non-exempt employees with compensatory leave subject to
the following conditions:
3.1 Employees shall not use less than one (1) hour of compensatory leave at any one
time.
3.2 An employee may carry over to the next calendar year up to eighty (80) hours of
compensatory leave.
3.3 When an employee separates from the City service for any reason, the employee
shall be compensated for any accrued compensatory leave, calculated using the
employee's prevailing pay rate on the date of the employee's separation from City
service.
3.4 Use of compensatory time shall require the prior written approval of the General
{
Manager and/or Department Director. The General Manager and/or Department
Director shall permit compensatory leave to be used at the discretion of the
employee, unless the General Manager and/or Department Director determines
that the employee's use of compensatory leave on the date and/or times requested
interferes with Department operations.
14
ARTICLE III
SECTIONS 4-6
SECTION 4 -ADMINISTRATIVE LEAVE:
4.1 The City shall provide FLSA exempt Association employees with administrative
leave as time off from work at a rate often (10) hours per month. r
4.2 An employee may carry over to the next calendar year up to eighty (80) hours of
administrative leave. The City Manager may authorize additional hours for
unforeseen or unusual circumstances.
4.3 When an employee separates from the City for any reason, the City shall
compensate the employee for any accrued administrative leave up to eighty (80)
hours. The value of accrued leave shall be calculated using the employee's
prevailing pay rate on the date of the employee's separation from City service.
4.4 Use of administrative leave shall require the prior written approval of the General
Manager and/or Department Director. The General Manager and/or Department
Director shall permit administrative leave to be used at the discretion of the
employee, unless the General Manager and/or Department Director determines
that the employee's use of administrative leave on the date and/or times requested
interferes with Department operations.
SECTION 5 -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, employees
shall be reassigned to their former classification. A leave of absence without pay will not
be granted in excess of one year. The City has the authority to grant or deny an
employee's request for leave of absence from work without pay, except that the City shall
not unreasonably deny a request for unpaid leave due to the medical disability of the
employee or a member of his/her immediate family. In accordance with federal and/or
state laws., the City has the right to grant an employee's request for up to twelve (12)
weeks of unpaid,job protected leave to eligible employees for certain family and medical
reasons under the Family and Medical Leave Act of 1993 (FMLA).
SECTION 6-WORKERS COMPENSATION:
6.1 The City will provide workers compensation coverage for City employees in
accordance with California workers compensation law. Except as otherwise
p rovided, employees disabled by bodily injury or sickness in the course and scope
of employment shall be paid their regular pay rate for up to seventeen (17) weeks
from the date of disability, or until the City's workers compensation
administrators terminates temporary disability either by means of a lump sum
settlement or a disability retirement, whichever comes first. During the time the
15
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3
ARTICLE III
SECTIONS 6-9
employee is disabled, the employee shall continue to accrue administrative leave,
annual leave, sick leave, and seniority for purposes of pay adjustments or
advancements. As used in this Section 6, the term "disabled" or"disability" shall
- have that-meaning set forth in California workers compensation law.
6.2 Employees who are still disabled after seventeen (17) weeks, may apply for long
term disability leave in accordance with Article IV, Section 3 of this Agreement.
6.3 The City shall make all reasonable efforts to provide employees with light duty
assignments when the employee is still disabled after seventeen (17) weeks from
the date of disability.
6.4 If in the opinion of the City, the City's claims administrator, or the Workers
Compensation Appeals Board, an employee has been found by a physician to be
permanently, physically incapable of performing the essential duties of the
currently held position, the City may place the employee into another vacant
position of an equal or lower level. The employee must be able to perform the
essential duties of that position. Nothing herein shall be construed to prevent such
employee from applying for and competing for a position of a higher class.
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 to their military pay. q
SECTION 8 -TIME OFF FOR VOTING:
The City shall provide employees with time off for voting subject to the following
conditions: �
8.1 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, and with the
approval of the General Manager and/or Department Director, take off enough
working hours which when added to the voting hours available outside of working
hours will enable the employee to vote. The General-Manager and/or Department
Director 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 a work period, whichever allows the employee the most time
for voting and the least time off work.
8,2 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 General Manager an or
}
Department Director of that fact at least one week in advance.
t
tk` SECTION 9-LUNCH PERIOD:
An uninterrupted lunch period of 30 minutes or one (1) hour will be afforded to
employees. The lunch period may not be combined with the rest periods or used to
16
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ARTICLE III
SECTIONS 9-11
compensate for a late arrival or early departure from work unless approved by the
General Manager and/or Department Director.
SECTION 10 -REST PERIOD:-
The General Manager and/or Department Director shall provide employees with a rest
period of fifteen (15) minutes for each half work period as determined by standard
management procedures. Employees may not use the rest period to compensate for a late
arrival or early departure from work. Rest periods shall have no monetary value and shall
be forfeited if not used during the work period.
0
SECTION 11 -HOLIDAY LEAVE:
The City shall provide employees with the following ten holidays with pay subject to
Subsections 11.2 through 11.6 of this section:
11.1 January 1 (New Years Day)
The third Monday in January(Martin Luther King)
The third Monday in February(President's Day)
March 31St (Cesar Chavez Day) (effective March 2002)
The last Monday in May(Memorial Day)
July 4(Independence Day)
The first Monday in September(Labor Day)
November I I (Veteran's Day)
Fourth Thursday in November(Thanksgiving Day)
December 25 (Christmas)
Every day proclaimed by the President, Governor, or Mayor of this City as a
public holiday.
11.2 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 full scheduled work day immediately before
and after the holiday unless the employee is absent from any portion or all of the
scheduled work day immediately before and after a holiday on authorized paid
leave. An employee shall not receive pay for a holiday if any leave without pay
was used by the employee on the work day immediately preceding or following
the holiday.
11.3 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. Employees absent on other
paid leave when such additional holiday leave is granted shall not receive
compensatory leave or additional pay because of their absence.
11.4 All designated holidays shall be compensated for in ten (10) hour increments, for
a total of 100 hours annually (effective March 2002) regardless of an employee's
work schedule.
17
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ARTICLE III; IV
SECTIONS 11-12; 1
11.5 When an employee is assigned to a 5/40 or 9/80 work schedule, the one (1) or two
(2) hours of excess holiday will be converted to annual leave.
11.6 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 employees accrue the same number of holiday
hours.
SECTION 12 -REDEMPTION OF ACCUMULATED LEAVE:
Employees covered by this MOU may receive up to sixty (60) hours of pay per calendar
year by redeeming accumulated leave hours. The redemption shall be subject to the
following conditions:
1. Sick leave will be paid at a rate of one (1) hour of pay for each two (2)
hours of sick leave redeemed.
2. All other types of leave will be paid at the rate of one (1) hour of pay for
each hour of leave redeemed.
In no event shall an employee receive pay for more than sixty (60) hours in a calendar
year,under the terms of this section.
ARTICLE IV
INSURANCE AND RETIREMENT BENEFITS
a
SECTION 1 -HEALTH INSURANCE PREMIUM:
1.1 The City shall pay up to but not exceed the total amount of five hundred twenty-
eight dollars and thirty-eight cents ($528.38) per month for health insurance
provided by the City for each full-time employee and his/her eligible dependents,
effective January 1, 2001. The City shall pay up to but not to exceed the total
amount of five hundred fifty-three dollars and sixty-one cents ($553.61) per
month for health insurance provided by the City for each full-time employee and
his/her eligible dependents, effective January 1, 2002. The City shall pay up to,
but not to exceed, the total amount of six hundred eighty dollars ($680.00) per
month for health insurance, provided by the City for each full-time employee and
eligible dependents with a cafeteria limit of$141.00 per month for employee-only
coverage and of $131.00 per month for employee-plus one coverage, effective
� January 1, 2003.
1.2 Employees shall have the right to use monies remaining from the sums provided
by the City for health insurance to purchase additional term life insurance, vision
care and/or long term care insurance offered by the City.
18
ARTICLE IV
SECTIONS 1-2
1.3 Employees covered by this shall have their choice of plans provided by
the California Public Employees Retirement System (CalPERS) and available in
this service area.
1.4 Spouse and dependent coverage shall continue to be available as provided through
CalPERS. An employee's spouse and dependent children under age 23 who have
never been married, as well as children over age 23 who have never been married
and are incapable of supporting themselves due to physical or mental disabilities
existing prior to obtaining age 23 are currently eligible to be enrolled in the
CalPERS health plans. This section will be in effect for the duration of this
MOU, subject to any contract changes by CalPERS.
1.5 Retired employees shall be covered by the health insurance provided by the City
according to the rules established by CalPERS. The City shall pay the monthly
health insurance premium for retired employees' health insurance for the term of
this MOU, up to the maximum monthly amounts set forth for full-time
employees, subject to any contract changes by CalPERS.
1.6 Employees may elect to discontinue or not elect health insurance coverage
provided that they submit written proof of equivalent health insurance coverage.
An employee electing to discontinue or not elect health insurance coverage shall
receive either sixty-five percent (65%) of the amount previously paid on the
premium or sixty-five percent (65%) of the lowest 2-party premium, whichever is
greater, to be credited to the employee's account in a City sponsored deferred
compensation plan and payable upon separation from City employment.
Employees may elect to resume health coverage during any open enrollment
period, as a result of any change in status, or any other period of time authorized
by the policies and requirements of the City-sponsored health coverage plans.
1.7 The City agrees to re-open negotiations only if the health insurance premium for
the cost of the Kaiser health insurance coverage for 2+ premium should increase
in excess of three and one-half percent(3.5%) for the duration of this MOU.
SECTION 2 -DENTAL INSURANCE PREMIUM:
The City shall pay a maximum of$60.00 per month for dental insurance, provided by the
City, for each employee and his/her eligible dependents. Employees may elect to
discontinue or not enroll in dental insurance provided that they submit written proof of
equivalent coverage. Employees electing to discontinue or not enroll in dental insurance
shall receive sixty-five percent (65%) or thirty-nine dollars ($39.00), to be placed into a
City-sponsored deferred compensation plan credited to the employee. Employees may
elect to resume dental coverage during any open enrollment period, as a result of any
change in status, or any other period of time authorized by the policies and requirements
of the City-sponsored dental coverage plans.
19
A
ARTICLE IV
SECTIONS 3-4
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 60 calendar days before the employee may receive long
term disability benefits in accordance with the City's plan. The employee must
submit an adequate diagnosis from a physician, approved by the City, as to the
condition causing disability.
3.2 An employee substantially disabled for more than 60 calendar days shall be paid
66 2/3% of the employee's prevailing pay rate at the time of the disability in
accordance with the plan. An employee may be eligible for long term disability
insurance benefits until age 65 in accordance with the provisions of the long term
disability insurance plan regardless of continued employment.
3.3 An employee substantially disabled by bodily injury or sickness outside the
course and scope of employment and employees still substantially disabled after
17 weeks of work disability leave are eligible for long term disability leave.
3.4 An employee shall be eligible to receive a monthly disability income 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. q
3.6 If in the opinion of the City, an employee has been found to be permanently
physically incapable of performing the essential duties of their current position or
classification, or the employee's condition, while not deemed permanent, will
result in a bong term absence lasting one year or longer, and that interferes with
the City's ability to provide normal services, the City may separate the employee
from employment. The employee upon separation would continue to be eligible
to receive long term disability payments until such time as their condition
improves or attains age 65.
3.7 When an employee on long term disability retires on a PERS Disability
Retirement, the City shall pay the difference of the amount received from PERS
and two-thirds the employee's prevailing pay-rate upon retirement until age 65.
3.8 The City is currently meeting and conferring with the Professional Association
and representatives of other groups to consider switching from the City's self-
insured long term disability program to an outside long term disability insurance
4 plan. The change of plans, if approved by the City Council, may or may not
t
occur prior to the expiration of this MOU.
SECTION 4 -LIFE INSURANCE PREMIUM:
The City agrees to provide each full-time employee with term life insurance coverage of
$50,000 subject to the requirements of the insurance carrier. An employee shall have the
20
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3
ARTICLE IV
SECTIONS 4-5
right to purchase additional term life insurance, up to the appropriate limit, using money
remaining from the monthly sum originally provided by the City for the employee's
a
health insurance, subject to the requirements of the insurance carrier.
SECTION 5—CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM
(CalPERS):
3
5.1 Within fiscal year 2001/02, the City shall obtain actuarial valuations from
CalPERS of the following CalPERS plans for all employees:
(a) The 2% at 55 plan;
(b) The 2.5% at 55 plan;
(c) The 2.7% at 55 plan;
(d) The 3% at 60 plan.
The City will review said actuarial valuations, and the City Council will thereafter
determine in which plan to include all employees. Pending completion of said
actuarial valuations, the existing CalPERS plans shall remain unchanged, as set
forth in Subsection 5.2 of this Agreement.
5.2 The following provisions shall apply to CaIPERS coverage for the employees,
pending receipt of the CalPERS actuarial valuations referred to in Subsection 5.1
of this Section 5, and the City's decision whether to change the CalPERS plan for
the employees.
a. The City shall include employees hired on or prior to 12/18/96 or
CalPERS members credited with membership prior to 12/18/96 in the
CalPERS "2% at 55" Plan with the following optional public agency
contract provisions: �
i. The optional contract provision relating to one year final
compensation;
ii. The optional contract provision relating to military service
credit as public service;
iii. The optional contract provision relating to the 1959 Survivors
Program at the level three benefits;
iv. The optional contract provision relating to City payment of the
employee's normal member contribution so long as the normal
member contribution established by CalPERS does not exceed
seven percent (7%) of the employee's salary. In the event the
amount of normal member contribution exceeds seven percent
(7%) of the employee's salary, the employee shall be
y personally responsible for making any such additional member
contribution.
21
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ARTICLE IV
SECTIONS 5-7
b. The City shall include all employees hired after 12/18/96 or enter into
CalPERS membership after 12/18/96, in the CalPERS "2% at 60"Plan
with the following optional public agency contract provisions:
a
i. The optional contract provision relating to the average of final
or highest three years compensation;
11. The optional contract provision relating to military service
credit as public service;
iii. The optional contract provision relating to the 1959 Survivors
Program at the level three benefits;
iv. The optional contract provision relating to City payment of the
employee's normal member contribution so long as the normal
member contribution established by CalPERS does not exceed
seven percent (7%) of the employee's salary. In the event the
amount of normal member contribution exceeds seven percent
(7%) of the employee's salary, the employee shall be
personally responsible for making any such additional member
contribution.
5.3 Two Years Additional Service Credit(Golden Handshake). The City will provide
an amendment to the City's CalPERS contract to add a designated period for
CalPERS members to receive an additional two years service credit under Section
20903 for CalPERS members who retire during the authorized designated period
of July 4, 2003 through December 30, 2003. (This benefit was subsequently
offered by the City on February 18, 2003.)
SECTION 6-DEFERRED COMPENSATION PROGRAM:
The City shall continue to sponsor deferred compensation programs. Funds shall be
electronically transferred each payday.
6.1 Effective January 1, 20Q2, the City agrees to match the amount, dollar for dollar,
up to six hundred dollars ($600.00) per calendar year, contributed to each
employee's deferred compensation account.
6.2 Effective January 1, 2003, the City agrees to match the amount, dollar for dollar,
up to eight hundred dollars ($800.00) per calendar year, contributed to each
employee's deferred compensation account.
f SECTION 7-VISION CARE PROGRAM:
The City will sponsor a vision care program. Employees may purchase vision care
through a payroll deduction from wages and/or with money remaining from the monthly
sum provided for health insurance,
K
22
ARTICLE IV; V
SECTIONS 8; 1-4
SECTION 8- SECTION 125 PLAN
The City shall provide a Section 125 Tax Code plan in order to allow employees to
deduct excess insurance premiums, unreimbursed medical expenses, and child care
payments before taxes.
ARTICLE V
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 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
a order would be violated, and if such violation would create a real and substantial
risk of harm 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 Association shall jointly participate in an advisory safety committee.
The safety committee membership shall include at least two (2) Association
representatives. The safety committee shall make good faith efforts in an advisory
capacity to provide and maintain a safe and healthful place of employment. The safety
committee shall meet on a monthly basis or other agreed schedule.
SECTION 4 -USE OF VETERANS PARK SPORTSCOMPLEX:
Y
All City employees and their families shall be entitled to use all facilities and programs at
'{ Veterans SportsComplex at the rates below:
Employee - $100 per year
Employee and family- $150 per year
23
ARTICLE V; VI
SECTIONS 4; 1
Employees who renew memberships shall receive the same.percentage discount on the
above prices as the general public receives at time of renewal.
For purposes of this section, family shall mean those family members eligible for
coverage under the CalPERS Health Insurance provided by the City.
ARTICLE VI
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 work force 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 work
force 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 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
j ob*classifications;
g. Appoint, transfer, promote, demote, and lay off employees for lack of
� work or other appropriate reasons;
h. Initiate disciplinary action;
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;
24
ARTICLE VI; VII
SECTIONS 1-2; 1
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;
r
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 and management 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 relates 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 any 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 association 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 agrees not to lock-out employees.
ARTICLE VII
ASSOCIATION SECURITY
SECTION 1 -DUES DEDUCTION:
The association may collect membership dues through City payroll deduction upon
receipt of written authorization of employees in classifications covered by this
Agreement if it chooses to do so.
25
.y
ARTICLE VII
SECTIONS 2-5
SECTION 2 -LEGAL COUNSEL:
The City agrees to provide members 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. City agrees that association members have the right to their own legal
representation in all disciplinary actions.
a
SECTION 3 -MEET AND CONFER IN GOOD FAITH- SCOPE:
Y The City shall not be required to meet and confer in good faith on any subject preempted
by federal or state law.
SECTION 4 ,- RELEASE TIME LEAVE:
The City shall provide employees with release time leave subject to the following
conditions:
4.1 Upon advance written notice and unless the employee's or designated
representative's use of release time interferes with departmental operations, the
immediate supervisor shall permit an employee and one designated representative
to use release time as time off from work with pay in order to prepare a formal
grievance or to appeal a disciplinary action.
4.2 The immediate supervisor may approve release time requests for up to one hour
for both the employee and one designated representative for each formal
grievance. The immediate supervisor may approve release time requests for up to
two hours for both the employee and one designated representative for each
predisciplinary conference or disciplinary hearing. Additional request for release
time to prepare for a formal grievance or to appeal a disciplinary action must be
approved in advance by the appointing authority.
4.3 An employee's designated representative may use release time to be present at the
presentation of a formal grievance, a predisciplinary conference or disciplinary
hearing.
4.4 Representatives and officers of the association will be permitted to use release
time to attend meet and confer sessions scheduled by the City during work hours.
The City shall not be liable for overtime payments for sessions beyond regular
work schedules.
SECTION 5 - CONFERENCE ATTENDANCE:
The City agrees to permit members of the Association to attend one work-related
- professional conference of the employee's choosing during each fiscal year, with the
approval of the General Manager and/or Department Director at City expense provided
funds are available. The location of the conference must be held within the Western
Continental United States, and shall be consistent with any SMP authorized by the City
Manager on attendance at conferences. The conference would be in addition to any
conference the department head may require the employee to attend. The employee will
1
26
i
ARTICLE VII; VIII
SECTIONS 5-6; 1-3
receive no additional compensation or consideration if the employee chooses not to make
use of this opportunity in a given year.
SECTION 6 -FAIR LABOR STANDARDS ACT: -
6.1 The Association affirms the City's right and obligation to determine the jobs in
the City of Carson that are exempt according to the provisions of the Fair Labor
Standards Act.
6.2 The Association agrees that the Administrative Analyst, Community
Development Program Analyst, and GIS Project Manager positions represented
by the Association are exempt as defined by the Fair Labor Standards Act.
6.3 The Association agrees that these 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 Rules.
ARTICLE VIII.
GRIEVANCE PROCEDURE
SECTION 1 -PURPOSE:
The purpose of the Grievance Procedure is to establish channels of communication
between employees, supervisors, and management. The City encourages any employee
having a grievance related to his or her working conditions to discuss the matter
informally with his or her immediate supervisor without undue delay in order to resolve
the issue. The purpose of these preliminary discussions is to settle disagreements fairly,
as quickly as possible, and to eliminate problems before they evolve to grievances.
SECTION 2 -DEFINITION:
A grievance is a timely complaint by one or more employees of the Association
concerning the application or interpretation of the provisions of this Agreement affecting
employees' wages,hours, and working conditions.
SECTION 3 -GRIEVANCE STEPS:
The grievance procedure shall be used to resolve an employee's complaints.
Step 1. An employee shall have the right to present a grievance, in writing, within five
(5) working days of the action or incident causing the grievance. Such
grievance shall be provided to the immediate supervisor of the employee. All
grievances shall state the violation of this MOU and how it affects the
employee's wages, hours, working conditions or job security, and the
employee's suggested solution. Within ten (10) working days of receipt of the
grievance, the immediate supervisor shall render a written decision regarding
its merits and return the completed grievance form to the employee. If denied,
27
ARTICLE VIII
SECTION 3
and the employee wishes to move the to the next step, the employee
shall move the grievance to the next immediate supervisor within the chain of
command, in accordance with Section 3, Step 2 of this Article VIII. Failure of
the immediate supervisor to render a written decision on the grievance within
y ten (10)working days of receipt of the grievance constitutes a decision denying
the grievance.
Step 2. If the immediate supervisor's decision does not satisfactorily resolve the
• complaint, and/or the grievance is denied, the employee and/or employee's
designated representative may submit the grievance to the next immediate
supervisor within the chain of command, within five (5) working days of the
immediate supervisor's decision on the grievance. The next immediate
supervisor shall contact and discuss the grievance with the employee and/or the
employee's designated representative, and shall discuss the grievance with the
employee's immediate supervisor. Within ten (10) working days after receipt
of the grievance, the next immediate supervisor shall render a written decision
regarding its merits and the completed grievance form shall be returned to the
employee. The grievance shall be considered resolved and no further review of
the subject matter of the grievance shall be permitted under this article when
the employee does not seek further review of the grievance within five (5)
working days after the receipt of the decision of the next immediate supervisor.
Failure of the next immediate supervisor to render a written decision on the
grievance within ten (10) working days constitutes a decision denying the
grievance. If the next immediate supervisor's decision does not satisfactorily
resolve the complaint, the employee and/or employee's designated
representative may present the grievance to the next succeeding supervisor
within the chain of command, up to and including the Department Director,
T within five (5) working days of the next immediate supervisor's decision on
the grievance.
Prior to submitting any grievance to the General Manager in accordance with
Step 3, the employee shall be required to submit his/her grievance to each next
immediate supervisor within the chain of command, and in order of the chain
of command, in accordance with the timing requirements and procedures of
this Step 2.
Step 3. If the grievance is not satisfactorily resolved through presentation of the
complaint to the employee's supervisors pursuant to Step 2, and/or the
grievance is denied, the employee and/or employee's designated representative
may thereafter submit the grievance to the General Manager of his/her work
group. The General Manager shall contact and discuss the grievance with the
employee and/or the employee's designated representative, and shall discuss
the grievance with the employee's immediate supervisor and others within the
employee's chain of command. Within ten (10) working days after receipt of
28
Y
ARTICLE VIII
SECTION 3
the grievance, the General Manager shall render a written decision regarding its
merits. The completed grievance form shall be returned to the employee. If the
General Manager's decision does not satisfactorily resolve the complaint, the
-- employee and/or employee's designated representative may present the
grievance to the Director of Human Resources. The grievance shall be
considered resolved and no further review of the subject matter of the grievance
shall be permitted under this article when the employee does not seek further
review of the grievance within five (5) working days after the receipt of the
decision of the General Manager. Failure of the General Manager to render a
written decision on the grievance within ten (10) working days constitutes a
decision denying the grievance.
Step 4. When the employee presents a grievance to the Director of Human Resources,
the Director of Human Resources shall discuss the grievance with the
employee and/or the employee' designated representative. The Director of
Human Resources shall also discuss the grievance with the employee's
immediate supervisor and others within the chain of command up to and
including the General Manager. Within ten (10) working days after receipt of
the grievance, the Director of Human Resources shall render a written decision
regarding its merits. If the decision of the Director of Human Resources does
not satisfactorily resolve the complaint, the employee and/or the employee's
designated representative may present the grievance to the City Manager. The
grievance shall be considered resolved, and no further review of the subject
matter of the grievance shall be permitted when the employee does not seek
further review of the grievance within five (5) working days after receipt of the
decision of the Director of Human Resources. Failure of the Director of
Human Resources to..render a written decision on the grievance within ten (10)
working days of receipt of the grievance constitutes a decision denying the
grievance.
Step 5. When the employee presents a grievance to the City Manager, the City
Manager shall discuss the grievance with the employee and/or the employee's
designated representative. The City Manager shall also discuss the grievance
with the employee's immediate supervisor and others within the chain of
command up to and including the General Manager, as well as the Director of
Human Resources. Within ten (10) working days after receipt of the
grievance, the City Manager shall render a written decision regarding its
merits. The decision of the City Manager shall resolve the grievance and no
further review of the subject matter of the grievance shall be permitted within
4 the City's administrative process. Should the City Manager fail to render a
written decision within ten (10) working days, the employee may consider the
41
administrative procedures completed and sue for redress of the grievance.
29
.y
-J
ARTICLE VIII; IX
SECTIONS 4-6; 1
SECTION 4 -NON-DEPARTMENTAL GRIEVANCES:
4.1 Grievances resulting from decisions or actions outside the departmental chain-of-
command shall be initiated by the employee and/or employee's representative with
the General Manager of the work group from which a complaint generates, and
will follow the procedures as detailed in Section 3 of this article.
4.2 When the grievance involves an action or decision of the Director of Human
Resources, the grievance procedure detailed in Section 3 shall be initiated by the
employee and/or the employee's representative with the Director of Human
Resources within five(5) working days of that action or decision.
SECTION 5 -EXTENSIONS OF TIME:
Extensions of any of the time limits on the presentation of, or responses to grievance as
set forth in the grievance procedure may be mutually agreed to by the parties involved
with the grievance.
SECTION 6 ,- MATTERS EXCLUDED FROM THE GRIEVANCE PROCEDURE
6.1 Those matters not specifically provided for under the definition above; and
6.2 Disputes involving the content of performance reviews arising from the
application of the provisions of SMP No. 6.4.
ARTICLE IX
APPEAL PROCEDURES
SECTION 1 -REQUEST FOR DISCIPLINARY HEARING: ,>
Employees who have passed probation shall have the right to appeal the imposition of
disciplinary action. As used herein, the term "disciplinary action" shall mean discharge,
involuntary demotion or suspension of an employee, in accordance with the City of
Carson Personnel Rules, and as such Personnel Rules maybe amended from time to time.
When an employee requests a disciplinary hearing, the request shall be in writing, signed
by the employee, and presented to the Director of Human Resources within ten (10)
calendar days after the notification date of the imposition of the disciplinary action. Any
such request shall be addressed to the Director of Human Resources and shall identify the
subject matter of the appeal, the grounds for the appeal, and the relief desired by the
employee. All disciplinary hearings shall be considered in private unless the employee
requests, in writing, a public hearing. If the employee fails to request a disciplinary
hearing within the prescribed time, the employee shall have waived the right to a hearing
+� and all rights to further appeal of the disciplinary action.
30
q
ARTICLE IX
SECTIONS 2-5
R SECTION 2 -SCHEDULING OF DISCIPLINARY HEARING:
The" Director of Human Resources shall schedule any disciplinary hearing within a
reasonable time after the filing of the-employee's request, considering the-,availability of a
hearing officer and the convenience of the employee and witnesses. If the disciplinary
action recommended by the General Manager and/or Department Director is discharge,
the arties shall commence proceedings to select a hearing officer under Section 3 within
p
fifteen (15) calendar days after the filing of the employee's request, unless a time
extension is. agreed to in writing by both the City and the affected employee and/or
his/her representative.
SECTION 3 -HEARING OFFICER:
Is
3.1 The appointing authority shall be the hearing officer for disciplinary hearings
except that the appointing authority may designate a General Manager as the
hearing officer for any disciplinary hearing that does not involve termination.
3,2 In any disciplinary hearing involving termination, a neutral hearing officer shall be
selected from an outside source, and pursuant to a method mutually agreed upon by
the City and the Association, unless the employee and the appointing authority
mutually agree in writing that the hearing officer maybe the City Manager.
3.3 Where a neutral hearing officer is selected from an outside source, the cost for the
hearing officer shall be shared equally by the City and the Association.
SECTION 4-REPRESENTATION AT DISCIPLINARY HEARING:
4.1 At the disciplinary hearing, the employee may appear personally and shall have the
right to be represented by counsel and any other person(s) allowed by the hearing
officer, but during the disciplinary hearing only one person shall have the right to
present the appeal on behalf of the employee.
4.2 The employee and the City shall each have the right to produce and confront
witnesses and to present any relevant oral or documentary evidence.
4.3 Subsections 4.1 and 4.2 are not intended to and shall not preclude the hearing
officer from questioning any witness, or asking any representative or other person
present at the hearing, any questions that the hearing officer may deem appropriate
and relevant to the subject matter of the grievance.
SECTION 5-BURDEN OF PROOF AND EVIDENCE:
The City shall have the burden of proof and shall be required to prove the charges against
3 the employee by a preponderance of the evidence. The disciplinary hearing shall not be
conducted according to the technical rules of evidence.
31
ARTICLE IX; X
SECTIONS 6-7; 1
SECTION 6- CONDUCT OF-THE DISCIPLINARY HEARING:
The conduct of the disciplinary hearing shah be under the control of the hearing officer
with due regard for the rights and privileges of the parties. During the examination of a
witness, the hearing officer may exclude from the hearing any and all other witnesses.
The hearing officer shall have the power to issue subpoenas to compel the attendance of
witnesses or the production of documents.
SECTION 7- HEARING OFFICER'S DECISION:
Within thirty (30) calendar days after the conclusion of the evidentiary and argument
portions of the disciplinary hearing, the hearing officer shall issue a written decision
containing findings of fact and conclusions of law. The hearing officer shall have the
authority to affirm, revoke, or reduce the disciplinary action imposed against the
employee. The hearing officer's decision constitutes a final resolution of any disciplinary
action and no further appeal shall be permitted within the City's administrative process.
ARTICLE X
LAYOFF
SECTION 1 - PREREQUISITE FOR LAYOFF:
When as a result of a cutback in personnel it becomes necessary to initiate a layoff of
employees in any representation unit covered by this MOU, the following shall be the
prerequisite-to such a layoff:
1.1 All temporary, seasonal, and/or recurrent and probationary employees have been
released from the class.
1.2 Employees in the class have been given an opportunity to seek lateral transfer or
voluntarily demote to existing vacant positions.
1.3 Management will meet and consult with the representative of the Association over
alternative courses of action to avoid such layoff.
1.4 Notice of actual layoffs shall be given no less than 28 calendar days before the
date of implementation. Such notice shall include:
a. Classification where layoff is to occur;
b. Seniority list by total continuous City seniority of employees in the
affected class;
C* List of current permanent vacancies in all classes represented by the
association; and,
r d. Separate notice to any employee in the class who has two (2) or more
fr
below standard evaluations.within the preceding three (3) years.
32
.9
ARTICLE X
SECTIONS 2-4
SECTION 2 -ORDER OF LAYOFF:
2.1 Employees who have two or more below standard evaluations within the
preceding three (3) years shall be laid off first.
2.2 Next layoff shall occur on the basis of Association seniority, the least senior
employee based on total continuous employment in a class represented by the
Association shall be laid off first and any subsequent layoff shall proceed to the
next least senior.
2.3 Ties in seniority Wherethe total and continuous employment of two (2)
employees are of the same length, seniority shall be decided by the drawing of
lots.
2.4 Title changes and/or amended class specifications for classes with multiple
positions will not change or alter the seniority rights of the incumbents in the
original classification when subject to layoff, provided such prior class is the
same salary range.
SECTION 3 ,-VOLUNTARY DEMOTION:
An employee so laid off may choose voluntary demotion so as to avoid layoff.
3.1 Such voluntary demotion can be to a lower or equal class of previous standing or
to a lower or equal class that is vacant. (Must meet minimum qualifications).
3.2 If the voluntary demotion causes a layoff in the lower or equal class, such layoff
shall follow the provisions of this article.
SECTION 4 -RECALL:
Employees who laterally transfer, take a voluntary demotion or are laid off pursuant to
the provisions of this article, shall have their names entered onto a recall list for the
classification of original standing.
4.1 Such a list shall be inverse order of layoff, lateral transfer or voluntary demotion.
4.2 The recall list shall be kept by the Human Resources Department and shall be
used in order when any vacancy for that class is to be filled.
4.3 The list shall be maintained until all names have been offered an opportunity for
recall or at the end of three (3) years, whichever comes first.
4.4 The appointing authority shall offer appointment to the first name on said list. If
the individual accepts and he or she shall be appointed after 60 days from the date
of layoff, the employee may be required to take a medical examination so as to
insure the employee is medically and mentally capable of performing duties of the
class. The individual shall still be required to meet the minimum standards of the
class.
33
.Y
ARTICLE XI; XII
SECTIONS 1-2; 1-2
ARTICLE XI
MODIFICATION AND DURATION
SECTION 1 -SEVERABILITY:
Notwithstanding any other provisions of this Memorandum of Understanding, in the
event that any article, section, or subsection of this Memorandum of Understanding 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 Memorandum of Understanding, 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 subsections of this Memorandum
of Understanding not affected shall continue in full force and effect.
SECTION 2 -DURATION:
2.1 This Memorandum of Understanding shall be binding on the City and the
Association when approved and adopted by the City Council.
2.2 The City and the Association agree that negotiations on successor contract shall
begin in the first week of March 2003. The Association will submit a list of
requests to the City no later than June 1, 2003.
2.3 Except as otherwise provided herein, this Memorandum of Understanding shall be
in full force and effect from, July 1, 2001 and shall remain in full force and effect
up to and including June 30, 2003.
ARTICLE XII
OTHER MATTERS WITHIN THE SCOPE OF REPRESENTATION.
SECTION 1 -STATUS OF GRANT FUNDED EMPLOYEES:
Full-time, non-general fund employees shall be considered city employees and will
receive all benefits and rights conferred by this Agreement. This includes but is not
limited to employees funded through the Carson Redevelopment Agency, Community
Development Block Grant, AQMD funds and Proposition A or C funds.
SECTION 2 -PROMOTIONAL OPPORTUNITIES:
2.1 The City shall make a good faith effort to promote and transfer from within the
City service.
z
2.2 The City shall recruit for and establish eligibility lists for all vacant budgeted
positions, unless the position is filled by reinstatement, voluntary demotion, or is
temporarily frozen by the City Manager.
34
:9
ARTICLE XII
SECTIONS 2-3
2.3 A City employee who is rejected during the probationary period shall be
reinstated to the position from which he or she had been promoted. A rejected
promotional probationary employee does not waive their right to appeal within
the City's administrative appeal process. A promotional probationary period shall
be used for the evaluation of an employee in the promotional capacity and can in
no way be used to revoke rights or benefits gained by the prior passage of the
employee's initial probationary period within the City.
SECTION 3 -PERSONNEL SUBCOMMITTEE:
The City agrees to inform the Association of any issues going before the Personnel
Subcommittee and City Council concerning the Association. The Association will be
given this information and the right to attend said meetings on release time, limited to one
or two members, as appropriate.
PASSED,APPROVED AND ADOPTED THIS 16t" DAY OF SEPTEMBER 2003.
..........
ATTEST: AAYOR PAO TEM
CITY CLER11
0
APPROVED AS TO FORM:
-Is
C TY 8TTORNEY
c:llMyDocs\IvlOUs\ProfMOUv18(redline)1(ep)
35
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON ) '
I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole
number of members of the City Council is four; that the foregoing resolution, being Resolution No. 03-125
as duly and regularly adopted by said Council at a regular meeting duly and regularly held on the 16th day
of September, 20,03, and that the same was passed and adopted by the following vote:
A YES: COUNCIL MEMBERS: Mayor Pro Tem Calas, Dear, Santarina,and Raber
NOES: COUNCIL MEMBERS: None
ABSTAIN: COiTNCIL MEMBERS: None
ABSENT: COiTNCIL MEMBERS: None
City Clerk, City of Carson, Ca fo m- ia
Appendix A
City of Carson
Salary Schedule - Professional Association .
Effective July 1, 2001 (3% Increase)
BARG SALARY
q TITLE UNIT RANGE# Step A Step B Step C Step D Step E Step F
1 Administrative Analyst PROF-E 147 3,875 4,069 4,272 4,485 4,709 4,944
2 Administrative Specialist PROF 141 3,340 3,507 3,682 3,866 4,059 4,262
3 Assistant Planner PROF 143 3,510 3,685 3,869 4,062 4,265 4,478
4 Associate Planner PROF 149 4,071 41274, 4,488 41712, 4,847 5,194
5 Civil Engineering Assistant PROF- 147 3,875 4,069 4,272 4,485 4,709 4,944
6 Civil Engineering-Associate PROF 153 4,492 4,716 4,952 5,199 5,459 5,732
7 Com Dev Program Analyst PROF-E 149 4,071 , 41274, 41488, 4,712 4,947 5,194
8 Computer Systems Specialist PROF 148 31971 , 4,169 41377. 41596, 4,826, 5,0671-
9 Computer Systems Sup Tech PROF 140 3,258 3,421 3,592 3,772 3,961 4,t59
10 Emergency Preparedness Spec. PROF 145 3,687 3,871 4,064 4,267 41480 497041
11 GIS Project Manager PROF-E 149 4,071 4,274 4,488 4,712 41947, 5,194
1 Specialist PROF 143 3,510 3,685 3,869 4,062 4F265- 414781
13 Public Information Specialist PROF 147 3,875 4,069 4,272 4,485 4,709 4,944
14 Redev Project Analyst PROF 151 4,276 4,490 4,714 41950' 5,197 514571
15 Redevelopment Project Manager PROF 155 4,718, 4,954- 59202- 59462, 51735, 6,022
16. Rehab Financial Counselor PROF 143 3,510 3,685 31,869. 41062, 49,265, 4,478
17 Sr Redevelopment Proj Manager PROF 157 1 4,9591 5,207 594671 5,740 613281
18 Telecom & Computer Spec PROF .145 31657 3,871 4,064 4,267 4,480 417041-
1 Management Specialist PROF 147 3,8751 4,069 41272, 49485_1 4,709 4,944
E = Exempt
i
i
Appendix B
City of Carson
Salary Schedule -Profesionnal Association
Effective July 1, 2002(2.8% Increase)
BARG SALARY ,
Ct! TITLE UNIT RANGE# Step A Step B Step C Step D Step E Step F
1 Administrative Analyst PROF-E 147 3,983 4,182 4,391 4,610 4,540 51082
2 Administrative Specialist PROF 141 3,432 3,604 3,784 3,973 4,172 493811
3 Assistant Planner PROF 143 3,607 3,787 31976, 4,175 41384, 4,603
41Associate, P lanner PROF 14w 0 4,183 4,392 4,612 4,843 5,085 5,339
5 Civil Engineering Assistant PROF 147 3,983 4,182 41391 ' 4,610 4,840 5,082
6 Civil Engineering Associate PROF 153 4,618 4,849 5,091 5,345 51612' 51892
7 Com Dev Program Analyst PROF-E 149 4,783 49392, 4,612 4,843, 5,085 5,339
8 Computer Systems Specialist PROF 148 4,082 4,286 4,500 4,725 4,961 5,209
9 Computer Systems Sup Tech PROF 140 3,350 3,517 3,693 3,878 4,072 41275
10 Emergency Preparedness Spec. PROF 145 31790' 3,979 4,178 4,387 4,606 4,836
11 GIS Project Manager PROF-E 149 41183, 41392, 41612'
4,843 . 51085, 5,339
12 GIS Specialist PROF 143 3,607 3,787 31976-
4,175 4,384 4,603
13 Public Information Specialist PROF 147 3,983 4,182 4,391 4,610 4,840 59082
14 Redev Project Analyst PROF 151 41396 4j616' 4,847 5,089 51343- 5,610
15 Redevelopment Project Manager PROF 155 4,851 5,093 5.v348 5,615 5,896 6,191
16 Rehab Financial Counselor PROF 143 3,607 3,787 3,976 4,175 4,384 4,603
17 Sr Redevelopment Proj Manager PROF 157 5,097 5,352 5,619 51900 6,195 615051
18 Telecom& Computer Spec PROF 145 3,790 3,979 4,178 4,387. 4,606 4,836
191Waste Management Specialist PROF- 147 1 3,983 4,182 4,391 4,610 4,840 5,0821
E = Exempt