HomeMy Public PortalAbout10-121AMENDMENT NO. 1
TO THE
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF CARSON
AND
THE ASSOCIATION OF CONFIDENTIAL
EMPLOYEES (ACS) REPRESENTING THE
CONFIDENTIAL EMPLOYEE BARGAINING UNIT
OF THE CITY OF CARSON
JULY 1, 2007 - JUNE 30, 2013
RESOLUTION NO. 10 -121
APPROVED NOVEMBER 16, 2010
This Article 1 replaces and supersedes Article 1 of the 2007 -2011 MOU:
ARTICLE I
RECOGNITION
The parties have met and conferred regarding an extension to the existing Memorandum of
Understanding ( "MOU ") and this amendment reflects the agreed -upon modified term of and
additional new terms to the existing MOU. All terms and conditions of the existing MOU shall
continue unless expressly modified herein. The City of Carson (hereinafter the "City ")
recognizes the Association of Confidential Employees (hereinafter the "Association" or "ACE ")
as the sole exclusive bargaining agent for those City employees designated as being in the
"Confidential" employee bargaining unit (hereinafter "Unit ") for all matters concerning wages,
hours and working conditions. The classifications contained in this Unit are set forth in
Appendix A.
It is agreed that this Memorandum of Understanding (hereinafter the "MOU ") was negotiated
pursuant to Chapter 10 (Section 3500 et. seq.) of Division 4, Title 1, of the Government Code,
and pursuant to City Resolution No. 85 -107, adopting a revised Employer- Employee Relations
Resolution (hereinafter the "EERR "). The Association recognizes the City Manager, his /her
designee and /or the City's Employee Relations Officer as the exclusive representatives of the
City for purposes of negotiating this MOU.
ARTICLE III
COMPENSATION
SECTION 1. - SALARY:
This Section 1.5 replaces and supersedes Section 1.5 of the 2007 -2011 MOU:
1.5 2011 -2012: No COLA
This Section 1.6 is hereby added to the 2007 -2011 MOU and becomes effective upon City
Council adoption of this Amendment No. 1 to the 2007 -2011 MOU:
1.6 2012 -2013: No COLA
This Section 7 replaces and supersedes Section 7 of the 2007 -2011 MOU:
SECTION 7. - REDEMPTION OF ACCUMULATED LEAVE:
During the 2010/11 fiscal year, eligible Unit members will not be entitled to redeem accrued
leave(s) for cash. Any leave accrued during the 2010/11 fiscal year will continue to accumulate
and maximum accrual caps will be waived for FY 2010/11 and FY 2011/12. During the 2011/12
and 2012/13 fiscal years, eligible Unit members covered by this MOU may redeem up to one
hundred (100) hours of any accumulated leave in each calendar year of this MOU. The
redemption shall be subject to the following conditions:
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7.1 Sick leave will be paid at a rate of one (1) hour of pay for each two (2) hours of sick
leave redeemed.
7.2 All other types of leave will be paid at the rate of one (1) hour of pay for each hour of
leave redeemed.
SECTION 15. - SICK LEAVE INCENTIVE PLAN:
This Section 15.5 is hereby added to the 2007 -2011 MOU and becomes effective upon City
Council adoption of this Amendment No. 1 to the 2007 -2011 MOU:
15.5 Unit members will not be entitled to redeem sick leave in January 2011 under the sick
leave incentive program, which applies to the 2010 calendar year. However, any sick
leave accrued during the 2010/11 fiscal year will continue to accumulate and the
maximum sick leave accrual cap will be increased to one thousand two hundred (1,200)
hours for the term of this agreement.
This Section 16 is hereby added to the 2007 -2011 MOU and becomes effective upon City
Council adoption of this Amendment No. 1 to the 2007 -2011 MOU:
SECTION 16 . - FURLOUGHS:
During FY 2010 /11, full -time Unit members will be "furloughed" and will not receive
pay for twelve (12) furlough days, which is the equivalent of one hundred twenty (120)
hours. Unit members must take a minimum of one (1) furlough day, or ten (10) hours,
per month.
The date of each furlough day shall be determined by the Unit member, subject to
departmental approval. To record a furlough day, Unit members must submit a leave
request (using payroll code 59) that states the time being taken is to be considered as a
furlough day. If by March 31, 2011, any Unit member has not taken all his/her required
furlough days or has not scheduled them and had them approved by his/her supervisor,
the City shall have the right to schedule the remaining furlough days at the City's
discretion.
During any workweek in which furloughs are served, exempt Unit members will be
considered non - exempt and will be paid on an hourly basis. Unit members are advised
not to work more than thirty (30) hours during any week in which they take furlough
time. Additional furlough days may be taken on a voluntary basis with the approval of
the general manager.
Holiday pay can be forfeited and considered a furlough day if the Unit member records
the holiday on their timesheet as a furlough day, using the appropriate payroll code 59 on
their timesheet, and the Unit member does not work in excess of thirty (30) hours in that
workweek.
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ARTICLE IV
LEAVES
SECTION 1. - ANNUAL LEAVE:
This Section 1.7 replaces and supersedes Section 1.7 of the 2007 -2011 MOU:
1.7 Effective November 1, 2006, Unit members shall not accrue more than five hundred
(500) hours of annual leave. For FY 2010/11 and FY 2011/12, the maximum accrual cap
will be waived, as outlined in section 7 of Article III.
SECTION 2. - SICK LEAVE:
This Section 2.2 replaces and supersedes Section 2.2 of the 2007 -2011 MOU:
2.2 Unit members may accrue a maximum of one thousand two hundred (1,200) hours of
sick leave. Unit members may use accrued sick leave only after completing their initial
month of service.
SECTION 3. - HOLIDAY LEAVE:
These Sections 3.2 and 3.3 replace and supersede Sections 3.2 and 3.3 of the 2007 -2011 MOU:
3.2 When any day designated as a holiday falls on a Friday or Saturday, the ten (10) hours of
holiday leave will be converted to annual leave and added to the Unit members annual
leave balance. When any day designated as a holiday falls on a Sunday, the following
Monday shall be observed as the holiday. In order to be paid for a holiday or receive the
leave conversion, the Unit member must work his or her full regularly- scheduled
workday immediately before and after the holiday unless the Unit member is absent from
any portion or all of his or her regularly- scheduled workday immediately before or after
the holiday on authorized paid leave. A Unit member shall not receive pay for a holiday,
or receive the leave conversion, if any leave without pay (except furlough leave) was
used by the Unit member during his or her regularly- scheduled workday immediately
before or after the holiday.
3.3 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 Unit member must use such additional holiday leave when
granted, and such leave cannot be accrued. Unit members absent on other paid leave
when such additional holiday leave is granted shall not receive compensatory leave or
additional pay because of their absence. A Unit member shall not receive holiday pay for
this half -day holiday if any leave without pay (except furlough leave) was used by the
Unit member during his or her regularly- scheduled workday immediately before or after
the half -day holiday.
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SECTION 4. - ADMINISTRATIVE LEAVE:
This Section 4.1 replaces and supersedes Section 4.1 of the 2007 -2011 MOU:
4.1 Unit members who are designated exempt shall be credited with ten (10) hours of
administrative leave per month. Effective January 1, 2006, Exempt Unit members may
accrue a maximum of one hundred sixty (160) hours of administrative leave. For FY
2010/11 and FY 2011/12, the maximum accrual cap will be waived, as outlined in section
7 of Article III.
SECTION 5. - COMPENSATORY LEAVE:
This Section 5.2 replaces and supersedes Section 5.2 of the 2007 -2011 MOU:
5.2 Effective January 1, 2006, Unit members may accrue a maximum of eighty (80) hours of
compensatory leave. For FY 2010/11 and FY 2011/12, the maximum accrual cap will be
waived, as outlined in section 7 of Article III.
ARTICLE V
INSURANCE AND RETIREMENT BENEFITS
This Section 1 replaces and supersedes Section 1 of the 2007 -2011 MOU:
SECTION 1. - HEALTH INSURANCE PREMIUM:
1.1
Effective January 1, 2008, the City shall pay up to, but not exceed, one thousand twenty -
four dollars ($1,024.00) per month for health insurance provided by the City for each
full -time Unit member and his /her eligible dependents.
1.2 Effective January 1, 2009, the City shall pay medical premium increase of the highest
full- family HMO rate up to a cap of 15 %.
1.3 Effective January 1, 2010, the City shall pay medical premium increase of the highest
full - family HMO rate up to a cap of 15% plus any cap percentage left over from prior
year not to exceed 25% total.
1.4 Effective January 1, 2011, the City shall pay medical premium increase of the highest
full- family HMO rate up to a cap of 15% plus any cap percentage left over from prior 2
years not to exceed 35% total.
1.5 Effective January 1, 2012, the City shall pay the medical premium increase of the highest
full- family HMO rate up to one thousand four hundred dollars ($1,400.00) monthly
allowance.
1.6 Effective January 1, 2013, the City shall pay the medical premium increase of the highest
full- family HMO rate up to a cap of 10% above the January 1, 2012 allowance.
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1.7 The cafeteria cap on the use of excess monies shall be one hundred fifty -five dollars
($155.00) per month for employee -only coverage and one hundred forty -four dollars
($144.00) per month for employee -plus one coverage.
1.8 Unit members shall have the right to use monies remaining from the sums provided for
health insurance to purchase additional term life insurance, vision care and /or long term
care insurance offered by the City.
1.9 Unit members may elect to discontinue or not elect health insurance coverage provided
that they submit written proof of equivalent health insurance coverage. Unit members
electing to discontinue or not electing 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 put into a City -
sponsored deferred compensation plan credited to the Unit member. Unit members 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.
1.10 Unit members covered by this section shall have their choice of plans provided by the
California Public Employees Retirement System (Ca1PERS), which are available in this
service area.
1.11 Spouse and dependent coverage shall continue to be available as provided through
Ca1PERS. A Unit member's spouse and dependent children under age twenty -six (26),
as well as children over the age twenty -six (26) and incapable of supporting themselves
due to physical or mental disabilities existing prior to obtaining age twenty -six (26) are
currently eligible to be enrolled in the Ca1PERS health plans. This section will be in
effect for the duration of this MOU, subject to any contract changes by Ca1PERS.
1.12 Eligible retired Unit members shall be covered by the health insurance provided by the
City according to the rules established by Ca1PERS. For Unit members hired prior to the
effective date of the Ca1PERS contract amendment providing for a two - tiered retiree
health insurance program, the City shall pay the monthly health insurance premium for
eligible retired Unit members' health insurance in the same monthly amount as provided
for active full -time Unit members for the term of this MOU. For Unit members hired on
or after the effective date of the Ca1PERS contract amendment providing for a two - tiered
retiree health insurance program, the City shall pay a monthly health insurance premium
for eligible retired Unit members' health insurance in accordance with the schedule on
the following page:
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Full -Time service with Carson
at time of retirement
0 — 4.99 years
5 years
6 years
7 years
8 years
9 years
10 years
DENTAL INSURANCE PREMIUM:
% of difference between the
required minimum contribution
and the amount the City pays
for active employees
0%
50%
60%
70%
80%
90%
100%
This Section 2.2 replaces and supersedes Section 2.2 of the 2007 -2011 MOU:
2.2 Unit members may elect to discontinue or not enroll in the dental insurance program
provided that they submit written proof of equivalent coverage. Unit members electing to
discontinue or not enroll in the dental insurance program shall receive sixty -five percent
(65 %) or fifty -six dollars and fifty -five cents ($56.55) to be placed into a City- sponsored
deferred compensation plan credited to the Unit member. Unit members 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.
This Section 5 replaces and supersedes Section 5 of the 2007 -2011 MOU:
SECTION 5. - CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM
(CALPERS):
5.1 For those Unit members hired before the effective date of the Ca1PERS contract
amendment providing for a tiered retirement benefit, the City shall include Unit members
in the Ca1PERS "3% at 60" Plan with the following optional public agency contract
provisions:
i. The optional contract provision relating to one (1) 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 four benefits;
iv. The optional contract provision relating to City payment of the Unit member's
normal Ca1PERS member contribution so long as the normal member contribution
established by Ca1PERS does not exceed seven percent (7 %) of the Unit
member's salary. In the event the amount of normal Ca1PERS member
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contribution exceeds seven percent (7 %) of the Unit member's salary, the Unit
member shall be personally responsible for making any such additional Ca1PERS
member contribution.
v. Unit members shall be allowed part time buyback, but solely at their own cost.
vi. Two - tiered retirement: The City and the Association agree to allow the City to
implement a tiered retirement system, City -wide, to include a 2% @ 55 retirement
benefit for new employees hired on or after the effective date of the Ca1PERS
contract amendment implementing the tiered system, provided that all bargaining
units have contractually agreed to the tiered system. No Unit member hired
before the effective date shall be subject to this reduced retirement benefit.
Furthermore, this agreement shall only run during the course of this contract and
if not implemented will not automatically carryover to a successor contract.
5.2 For those Unit members hired on or after the effective date of the Ca1PERS contract
amendment providing for a tiered retirement benefit, the City shall include such Unit
members in the Ca1PERS "2% at 55" Plan with the following optional public agency
contract provisions:
i. The optional contract provision relating to one (1) 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 four benefits;
iv. The optional contract provision relating to City payment of a portion of the Unit
member's normal Ca1PERS member contribution so long as the normal member
contribution established by Ca1PERS does not exceed seven percent (7 %) of the
Unit member's salary. In the event the amount of normal Ca1PERS member
contribution exceeds seven percent (7 %) of the Unit member's salary, the Unit
member shall be personally responsible for making any such additional Ca1PERS
member contribution. For Unit members hired on or after the date of the Ca1PERS
contract amendment providing for two - tiered retirement and two - tiered employer
paid member contributions, the Unit member shall pay two percent (2 %) of the
Unit member's normal member contribution.
v. Unit members shall be allowed part time buyback, but solely at their own cost.
5.3 The City agrees to look at the Ca1PERS retirement benefit regarding sick leave
conversion to additional service credit upon retirement. The City will request an actuarial
study from Ca1PERS within two weeks of the adoption of the amended and extended
MOUs. Within two weeks of the City's receipt of that actuarial study from Ca1PERS, the
City will provide copies to ACE. ACE will then have 90 days from receipt of the
actuarial study to notify the City as to whether or not they want to reopen negotiations
with the City to discuss the results of the actuarial study and the possible implementation
of this Ca1PERS optional benefit.
This Article IX replaces and supersedes Article IX of the 2007 -2011 MOU:
ARTICLE IX
GRIEVANCE PROCEDURE
SECTION 1. - PURPOSE:
The purpose of the Grievance Procedure is to establish channels of communication between Unit
members, supervisors, and management. The City encourages all Unit members that have a
grievance related to their working conditions to discuss the matter with their 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 written complaint by one or more Unit members concerning the
application or interpretation of the provisions of this MOU affecting Unit members' wages,
hours, and working conditions.
SECTION 3. - GRIEVANCE STEPS:
The grievance procedure shall be used to resolve a Unit member's complaints as defined in
Section 2 above. The grievance procedure shall consist of the following "Steps."
Step 1.
A Unit member 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 Unit member. If the Unit member's
immediate supervisor is the City Manager, the grievance shall be advanced directly
to Step 3, the Human Resources Officer. All grievances shall state the violation of
this MOU, how it affects the Unit member's wages, hours, working conditions or job
security, and the Unit member's requested remedy. Within ten (10) working days of
receipt of the grievance, the immediate supervisor shall render a written decision
responding to the grievance and return the completed grievance form to the Unit
member. Failure of the immediate supervisor to render a written response on the
grievance within ten (10) working days of receipt of the grievance shall constitute a
constructive denial of the grievance. If denied, and the Unit member wishes to move
the grievance to the next Step in the grievance process, then the Unit member shall
move the grievance to the General Manager, City Clerk, or City Treasurer within the
chain of command, in accordance with Section 3, Step 2 of this Article. 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 Unit member does not
seek further review of the grievance within five (5) working days after response to or
constructive denial of the grievance by the immediate supervisor.
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Step 2. If the immediate supervisor's response does not satisfactorily resolve the complaint,
and /or the grievance is denied, then the Unit member and /or the Unit member's
designated representative may submit the grievance to the General Manager, City
Clerk, or City Treasurer within the chain of command, within five (5) working days
of the immediate supervisor's actual or constructive decision on the grievance. The
General Manager, City Clerk, or City Treasurer shall contact and discuss the
grievance with the Unit member and /or the Unit member's designated representative
and shall discuss the grievance with the Unit member's immediate supervisor.
Within ten (10) working days after receipt of the grievance, the General Manager,
City Clerk, or City Treasurer shall render a written response to the grievance and the
completed grievance form shall be returned to the Unit member. Failure of the City
Manager, City Clerk, or City Treasurer to render a written response on the grievance
within ten (10) working days of receipt of the grievance shall constitute a
constructive denial of the grievance. If the General Manager, City Clerk, or City
Treasurer response does not satisfactorily resolve the complaint, the Unit member
and /or Unit member's designated representative may present the grievance to the
Human Resources Officer, within five (5) working days of the next immediate
supervisor's response to or constructive denial of the grievance. 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 Unit member does not seek further
review of the grievance within five (5) working days after response to or constructive
denial of the grievance by the General Manager, City Clerk, or City Treasurer.
Step 3. If the General Manager, City Clerk, or City Treasurer's response does not
satisfactorily resolve the complaint, and /or the grievance is denied, then the Unit
member and /or the Unit member's designated representative may submit the
grievance to the Human Resources Officer, within five (5) working days of the
General Manager, City Clerk, or City Treasurer's actual or constructive decision on
the grievance. The Human Resources Officer shall contact and discuss the grievance
with the Unit member and /or the Unit member's designated representative and shall
discuss the grievance with the Unit member's General Manager, City Clerk, or City
Treasurer and/or others within the Unit member's chain of command. Within ten (10)
working days after receipt of the grievance, the Human Resources Officer shall
render a written response to the grievance and the completed grievance form shall be
returned to the Unit member. 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 Unit member does not seek further review of the grievance within
five (5) working days after response to or constructive denial of the grievance by the
Human Resources Officer. Failure of the Human Resources Officer to render a
written response on the grievance within ten (10) working days of receipt of the
grievance shall constitute a constructive denial of the grievance. If the Human
Resources Officer's response does not satisfactorily resolve the complaint, the Unit
member and /or Unit member's designated representative may present the grievance
to the City Manager, within five (5) working days of the Human Resources Officer's
response to or constructive denial of the grievance. Prior to submitting any grievance
to the City Manager in accordance with Step 4, all Unit members are required to
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submit their grievance to the Human Resources Officer in accordance with the timing
requirements and procedures of this Step 3.
Step 3a. Before moving a grievance to the City Manager's step, a Unit member may request
an advisory mediation session. At the present time, there is no cost associated with
advisory mediation sessions. If, in the future, there is a cost associated with advisory
mediation sessions, the City and the Association of Confidential Employees will
reopen discussions as to how that cost will be paid.
Step 4. If the grievance is not satisfactorily resolved through presentation of the complaint to
the Human Resources Officer, as applicable, pursuant to Step 3 or through advisory
mediation pursuant to Step 3A, and /or the grievance is denied, the Unit member
and /or the Unit member's designated representative may thereafter submit the
grievance to a non - involved General Manager in lieu of the City Manager. The
hearing officer shall be mutually agreed upon by both parties. When the Unit
member presents a grievance to a non - involved General Manager in lieu of the City
Manager, the selected person shall discuss the grievance with the Unit member
and /or the Unit member's designated representative. The selected person shall also
discuss the grievance with the Unit member's immediate supervisor and the Human
Resources Officer, General Manager, the City Clerk or the City Treasurer, as
applicable. Within ten (10) working days after receipt of the grievance, the selected
person shall render a written decision on the grievance. Failure of the selected
person to render a written response on the grievance within ten (10) working days of
receipt of the grievance shall constitute a constructive denial of the grievance. The
decision or constructive denial of the selected person shall resolve the grievance and
no further review of the subject matter of the grievance shall be permitted within the
City's administrative process. Thereafter, the Unit member may consider the
administrative procedures completed and sue for redress of the grievance.
SECTION 4. - NON - DEPARTMENTAL GRIEVANCES:
Grievances resulting from decisions or actions outside the work group chain -of- command shall
be initiated by the Unit member and /or the Unit member's representative with the General
Manager, the City Clerk or the City Treasurer, as applicable, of the work group from which the
decisions or actions occurred, and will follow the procedures as detailed in Section 3 of this
Article.
SECTION 5. - EXTENSIONS OF TIME:
The City and Unit members and /or the Association may agree to extensions of time to perform
the acts described in this Article, but such extensions must be confirmed in writing and signed by
all parties.
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SECTION 6. - MATTERS EXCLUDED FROM THE GRIEVANCE PROCEDURE:
6.1 Those matters not specifically provided for under the definition in Section 2 above.
6.2 Disputes involving performance reviews arising from the application of the provisions of
SMP No. 6.4.
SECTION 7. - REPRISALS:
The City shall not institute any reprisals against any Unit member or designated representative
resulting from the use of the grievance procedure.
ARTICLE XII
LAYOFF
This Section 1 replaces and supersedes Section 1 of the 2007 -2011 MOU:
SECTION 1. - PREREQUISITE FOR LAYOFF:
There will be no layoff notices issued from the date of the City Council's adoption of this
Amendment No. 1 to the 2007 -2011 MOU through June 30, 2011. After June 30, 2011, if the
City Manager determines that a reduction in personnel is necessary for economic reasons, then
the order of layoff shall observe the "seniority rule" in putting the reduction into effect.
(Government Code § 45100.) It is agreed by the City and the Association that the seniority rule
shall mean that when any classification having two or more Unit members is subject to less than
a complete lay off, then the Unit members shall be laid off in order of reverse seniority based
first upon actual service time in the classification, and in instances where that is equal, then on
tenure, defined as cumulative, actual City service time.
Reductions in the City's work force for reasons other than solely economic reasons shall continue
to observe the layoff order as set forth below in subsections 1.1 through 1.4, and Section 2:
1.1 All temporary, seasonal, and /or recurrent and probationary Unit members have been
released from the classification.
1.2 Unit members in the classification have been given an opportunity to seek lateral transfer
or voluntarily demote to existing vacant positions, for which they meet minimum
qualifications.
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 twenty -eight (28) calendar days before
the date of implementation. Such notice shall include:
a. Classification where layoff is to occur;
b. Seniority list by total actual City service in the affected classification;
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c. List of current permanent vacancies in all classifications represented by the
Association; and,
d. Separate notice to any Unit member in the classification who has two (2) or more
below standard evaluations within the preceding three (3) years.
ARTICLE XIII
DRAFTING PROVISIONS AND DURATION
This Section 1 replaces and supersedes Section 1 of the 2007 -2011 MOU:
SECTION 1. - FULL UNDERSTANDING:
This Amendment No. 1 to the 2007 -2011 MOU sets forth the full and entire understanding of the
parties regarding the matters contained herein, and any other prior or existing understandings or
agreements by the parties, whether formal or informal, regarding the matters in this Amendment
No. 1 to the 2007 -2011 MOU are hereby superseded and /or terminated in their entirety. All
provisions of existing City rules and regulations, resolutions, ordinances and policies not
specifically contained in, or referred to in this Amendment No. 1 to the 2007 -2011 MOU, shall
remain in full force and effect, and are specifically not superseded or otherwise affected by this
Amendment No. 1 to the 2007 -2011 MOU. The 2007 -2011 MOU and this Amendment No. 1 to
the 2007 -2011 MOU, which, among other things, extends the term of the 2007 -2011 MOU
through June 30, 2013, contain all the terms, covenants and stipulations of employment for
confidential Unit members and supersedes all prior resolutions adopting MOUs for this Unit and
practices except for those contained in the City's written rules and regulations, resolutions,
ordinances and policies. It remains the parties' understanding that the City's Personnel Rules,
however, do not apply to unclassified persons covered by this MOU.
This Section 7 replaces and supersedes Section 7 of the 2007 -2011 MOU:
SECTION 7. - DURATION:
7.1 This Amendment No. 1 to the 2007 -2011 MOU shall be binding on the City and the
Association when adopted by the City Council.
7.2 The City and the Association agree that negotiations on a successor contract shall begin
in the first week of March 2013. The Association will submit a list of requests to the City
no later than February 14, 2013.
Except as otherwise provided herein, the 2007 -2011 MOU and this Amendment No. 1 to the
2007 -2011 MOU shall be in full force and effect from July 1, 2007 and shall remain in full force
and effect up to and including June 30, 2013.
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This Section 8 replaces and supersedes Section 8 of the 2007 -2011 MOU:
SECTION 8. - REOPENERS:
The parties do specifically agree to reopen the meet and confer process during the term of this
MOU only in regards to the following issues:
A. Changes and /or revisions to the City's Personnel Rules and Regulations,
including related SMPs;
B. Changes and /or revisions to the City's EERR;
C. Changes to Unit member job specifications;
D. Changes to Sick Leave Bank policies and procedures;
E. Acting Duty Pay Modification;
F. Cafeteria caps for excess health insurance allowance;
G. In May 2011, the City will meet with ACE to discuss a
FY 2011/12 COLA. In May 2012, the City will meet with ACE to discuss a
FY 2012/13 COLA;
H. The parties agree to meet and confer to discuss corrections and /or changes to
inconsistent or ambiguous language or sections of the MOU and agree to amend
such language or sections as mutually agreed; and
I. Job Sharing language.
ARTICLE XIV
CITY COUNCIL APPROVAL
The City Manager and Employee Relations Officer of the City and the Association have met and
conferred in good faith on wages, hours and other terms and conditions of employment for the
Unit members represented by the Association and have reached agreements which are set forth in
this Amendment No. 1 to the 2007 -2011 MOU. This Amendment No. 1 to the 2007 -2011 MOU
constitutes a joint recommendation by the City's negotiators and the Association, after
ratification of its membership, to be submitted to the City Council for its determination and
approval by one or more resolutions, as the City Council may deem fit and proper. This
Amendment No. 1 to the 2007 -2011 MOU is of no force or effect unless or until ratified and
approved by a resolution of the City Council.
[SIGNATURES ON FOLLOWING PAGE]
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IT IS SO AGREED
ACE
Ed Holton
ACE President
Cecilia Malele
ACE Vice - President
erese Foisia
ACE Secretary
CITY OF CARSON
Jerom
City Manager
a,C/kk(r&
a Acosta
A inistrative Services General Manager/
Employee Relations Officer
J"YR
Duane Munson
Human Resources Officer..
Colin J. Tanner
Deputy City Attorney
PASSED, APPROVED and ADOPTED this 16th day of November, 2010.
ATTEST:
CITY CLERK HELEN
APPROVED AS TO FORM:
MAYOR JIM DEAR
WAGOE, MMC
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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 five; that the foregoing resolution, being
Resolution No. 10 -121 was duly and regularly adopted by said Council at a regular meeting duly
and regularly held on the 16th day of November, 2010, and that the same was passed and
adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Mayor Dear, Santarina, Gipson and Davis - Holmes
None
None
Ruiz -Raber
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City Clerk Helen S.
Kawago