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Home My Public Portal About14-016MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARSON AND THE ASSOCIATION OF CONFIDENTIAL EMPLOYEES (ACE) REPRESENTING THE CONFIDENTIAL EMPLOYEE BARGAINING UNIT OF THE CITY OF CARSON JULY 19 2013 - JUNE 309 2015 RESOLUTION NO. 14-016 APPROVED MARCH 18, 2014 ARTICLEI RECOGNITION ....................................................................................................... I ARTICLE Il DEFINITION OF TERMS ....................................................................................... I SECTION 1. - ACTING DUTY: I ...................................................................................... SECTION 2. - CLASSIFICATION: ................................................................................. I SECTION 3. - CONFIDENTIAL EMPLOYEE: .............................................................. I SECTION4. - DAY: ....................................................................................................... 2 SECTION5. -DIRECTOR: .............................................................................................. 2 SECTION 6. - DOMESTIC PARTNERSHIP UNIT MEMBER: .................................... 2 SECTION7. - FULL TIME: ............................................................................................ 2 SECTION 8. - IMMEDIATE FAMILY: ......................................................................... 2 SECTION 9. - IN LOCO PARENTIS: ............................................................................. 2 SECTION10. - LEAVE: .................................................................................................. 3 SECTION 11. - MANAGEMENT: .................................................................................. 3 SECTION 12. - PAY PERIOD: ........................................................................................ 3 SECTION13. - POSITION: ............................................................................................. 3 SECTION 14. - PREVAILING PAY RATE: ................................................................... 3 SECTION15. - SENIORITY: .......................................................................................... 3 SECTION16. - TENURE: ............................................................................................... 3 SECTION 17. - UNIT MEMBER: ................................................................................... 3 SECTION18. - WORKDAY: .......................................................................................... 3 SECTION19. - WORKWEEK: ....................................................................................... 3 SECTION 20. -WORK SCHEDULE: .............................................................................. 4 ARTICLE III COMPENSATION ................................................................................................ 4 SECTION1. - SALARY: ................................................................................................. 4 SECTION 2. - LONGEVITY PAY: ................................................................................. 5 SECTION 3. - ACTING DUTY PAY: ............................................................................. 5 SECTION 4. - ANNUAL PROFESSIONAL DEVELOPMENT ALLOW.: ................... 7 SECTION 5. - SALARY ADVANCEMENT: ................................................................. 8 SECTION 6. - ALLOWANCE FOR MILEAGE: ............................................................ 8 SECTION 7. - REDEMPTION OF ACCUMULATED LEAVE: .................................... 9 SECTION 8. - OVERTIME COMPENSATION: ............................................................ 9 SECTION 9. - PAYCHECK DISTRIBUTION: ............................................................. 10 SECTION 10. - OVERPAYMENT REMEDY: ............................................................ 10 SECTION 11. - BILINGUAL USAGE PAY: ................................................................ 11 SECTION 12. - COURT SUMMONS/SUBPOENA/JURY DUTY: ............................. I I SECTION 13. - HOLIDAY COMPENSATION: ........................................................... 12 SECTION 14. - SICK LEAVE INCENTIVE PLAN: .................................................... 12 SECTION 15. -SICK LEAVE BANK: ........................................................................... 12 ARTICLEIV LEAVES .............................................................................................................. 13 SECTION I - - ANNUAL LEAVE: ................................................................................ 13 SECTION2. - SICK LEAVE: ........................................................................................ 14 SECTION 3. - HOLIDAY LEAVE: ............................................................................... 15 SECTION 4. - ADMINISTRATIVE LEAVE: ............................................................... 16 SECTION 5. - COMPENSATORY LEAVE: ................................................................ 17 I SECTION 6. - WORKERS' COMPENSATION LEAVE: ............................................ 17 SECTION 7. - MILITARY LEAVE: .............................................................................. 18 SECTION 8. - BEREAVEMENT LEAVE: ................................................................... 18 SECTION 9. - LEAVE OF ABSENCE WITHOUT PAY: ............................................ 18 SECTION 10. - TIME OFF FOR VOTING: .................................................................. 19 SECTION 11. - LUNCH PERIOD: ................................................................................ 19 SECTION 12. - REST PERIOD: .................................................................................... 20 SECTION 13. - FLEXIBLE WORK SCHEDULES: ..................................................... 20 ARTICLE V INSURANCE AND RETIREMENT BENEFITS ................................................ 20 SECTION 1. - HEALTH INSURANCE PREMIUM: .................................................... 20 SECTION 2. - DENTAL INSURANCE PREMIUM: .................................................... 22 SECTION 3. - LIFE INSURANCE PREMIUM: ........................................................... 22 SECTION 4. - LONG TERM DISABILITY INSURANCE PROGRAM: .................... 22 SECTION 5. - CA PUBLIC EMPLOYEES RETIRE. SYSTEM (CALPERS): ............ 24 SECTION 6. - DEFERRED COMPENSATION PROGRAM: ..................................... 26 SECTION 7. - VISION CARE PLAN: ........................................................................... 26 SECTION 8. - SECTION 125 PLAN ............................................................................. 26 ARTICLE VI HEALTH & SAFETY ......................................................................................... 27 SECTION 1. - SAFETY RESPONSIBILITIES: ............................................................ 27 SECTION 2. - SAFETY DEVICES AND SAFEGUARDS: ......................................... 27 SECTION 3. - USE OF VETERANS PARK SPORTS COMPLEX: ............................ 27 ARTICLEVII CITY RIGHTS ................................................................................................... 27 SECTION 1. - EXCLUSIVE CITY RIGHTS AND AUTHORITY: ............................. 27 SECTION 2. - CONCERTED REFUSAL TO WORK: ................................................. 29 ARTICLE VIII ASSOCIATION SECURITY ............................................................................. 29 SECTION 1. - DUES DEDUCTION: ............................................................................ 29 SECTION 2. - LEGAL COUNSEL: ............................................................................... 29 SECTION 3. - MEET AND CONFER IN GOOD FAITH - SCOPE: ............................ 29 SECTION 4. - RELEASE TIME: ................................................................................... 30 SECTION 5. - FAIR LABOR STANDARDS ACT: ..................................................... 30 SECTION 6. - PERSONNEL FILE: ............................................................................... 30 ARTICLE IX GRIEVANCE PROCEDURE .............................................................................. 31 SECTION1 - PURPOSE: - .............................................................................................. SECTION 2. - DEFINITION: 31 ......................................................................................... SECTION 3. - GRIEVANCE STEPS: ............................................................................ 31 31 SECTION 4. - NON -DEPARTMENTAL GRIEVANCES: ........................................... 33 SECTION 5. - EXTENSIONS OF TIME: ...................................................................... 33 SECTION 6. - MATTERS EXCLUDED FROM THE GRIEVANCE PROC.: ............ 33 SECTION7. - REPRISALS ........................................................................................... 33 ARTICLE X APPEAL PROCEDURES ..................................................................................... 34 SECTION 1. - REQUEST FOR DISCIPLINARY HEARING: ..................................... 34 ii SECTION 2. - SCHEDULING OF DISCIPLINARY HEARING: ................................ 34 SECTION 3. - HEARING OFFICER: ............................................................................ 34 SECTION 4. - REPRESENTATION AT DISCIPLINARY HEARING: ...................... 35 SECTION 5. - BURDEN OF PROOF AND EVIDENCE: ............................................ 35 SECTION 6. - CONDUCT OF THE DISCIPLINARY HEARING: ............................. 35 SECTION 7. - HEARING OFFICER'S DECISION: ..................................................... 35 ARTICLE XI OTHER MATTERS WITHIN THE SCOPE OF REPRESENTATION ............. 35 SECTION 1. - PROMOTIONAL OPPORTUNITIES: .................................................. 35 SECTION 2. - PERSONNEL COMMITTEE: ............................................................... 36 SECTION 3. - LATERAL TRANSFER: ........................................................................ 36 SECTION 4. - TYPING CERTIFICATES: .................................................................... 36 ARTICLEXII LAYOFF ............................................................................................................. 36 SECTION 1. - PREREQUISITE FOR LAYOFF: .......................................................... 36 SECTION 2. - ORDER OF LAYOFF: ........................................................................... 37 SECTION 3. - VOLUNTARY DEMOTION: ................................................................ 38 SECTION4. - RECALL: ................................................................................................ 38 SECTION 5. - SEVERANCE PACKAGE: .................................................................... 38 ARTICLE XIII DRAFTING PROVISIONS AND DURATION .............................................. 39 SECTION 1. - FULL UNDERSTANDING: .................................................................. 39 SECTION 2. - SEVERABILITY: ................................................................................... 39 SECTION 3. - EMERGENCY WAIVER: ..................................................................... 39 SECTION 4. - MUTUAL DIGNITY CLAUSE ............................................................. 39 SECTION 5. - JOINT DRAFTING ................................................................................ 40 SECTION 6. - MODIFICATION ................................................................................... 40 SECTION7. - DURATION: .......................................................................................... 40 SECTION 8. - REOPENERS: ........................................................................................ 40 ARTICLE XIV CITY COUNCIL APPROVAL ........................................................................ 41 APPENDIX A- SALARY SCHEDULE - 6%1 NCREASE - EFFECTIVE MARCH 15, 2014 ...................................................... 44 iii ARTICLE I RECOGNITION 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 C� 1.� = 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 WOU") 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 11 DEFINITION OF TERMS The following terms, whenever used in this MOU, shall have the meanings set forth in this A,rticle. SECTION 1. - ACTING DUTY: On a temporary basis, the performance by Unit members of the duties of a higher classification with a higher pay range than the pay range of their assigned classification. SECTION 2. - CLASSIFICATION: A position or group of positions sufficiently similar in respect to authority, duties and responsibilities that the same descriptive classification title is assigned. SECTION 3. - CONFIDENTIAL EMPLOYEE: An individual compensated through the City payroll and appointed to one of the following classifications or those designated to be within the Unit by a City Council approved classification study and/or resolution. Admirli strative Analyst (Exempt) — City Manager's Office Administrative Secretary (to the GMs) Assistant to the City Manager (Exempt) Deputy City Clerk Division Secretary - Human Resources Employment Services Clerk Executive Assistant Human Resources Analyst (Exempt) Human Resources Assistant Human Resources Specialist Management Assistant Risk Management Analyst (Exempt) Senior Administrative Analyst (Exempt) — City Manager's Office Senior Clerk - City Manager's Office Senior Human Resources Analyst (Exempt) Senior Human Resources Assistant Senior Human Resources Specialist Senior Risk Management Analyst (Exempt) SECTION 4. - DAY: A calendar da-,,, unless otherwise designated. SECTION 5. - DIRECTOR: An individual assigned to any of the following classifications: Director of Administrative Services, Director of Public Works/City Engineer, Director of Community Development or Director of Community Services, and any other Director position created during the terms of this MOU. SECTION 6. - DOMESTIC PARTNERSHIP: As defined in the California Family Code Section 297, two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring and that meet the conditions and/or requirements of Section 297 and related statutes defining such relationships. SECTION 7. - FULL TIME: A period of forty (40) hours of work time per workweek in increments of eight (8), nine (9) or ten (10) hours per shift. SECTION 8. - IMMEDIATE FAMILY: An employee's spouse, domestic partner, children, grandchildren, sons-in-law, daughters-in-law, parents, grandparents, parents-in-law, brothers, sisters, brothers-in-law, and sisters-in-law. "Children" shall also include a biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a child of a person standing in loco parentis. "Parent" shall include a biological, foster, or adoptive parent, a stepparent, or a legal guardian. SECTION 9. - IN LOCO PARENTIS: To assume the duties and responsibilities of a parent; in the place of a parent. 2 SECTION 10. - LEAVE: ,,kn absence from work. SECTION 11. - MANAGEMENT: A City employee appointed to any classification designated by the City Manager as managerial. SECTION 12. - PAY PERIOD: A pay period consists of two (2) consecutive workweeks established to provide twenty-six (26) pay periods each calendar year. SECTION 13. - POSITION: Authonity, duties and responsibilities assigned by the City which constitute the services to be performed by a City employee. SECTION 14. - PREVAILING PAY RATE: The basic pay rate within a pay range paid to a City employee for the performance of the duties and responsibilities of a classification. SECTION 15. - SENIORITY: A status acquired by an employee based upon the employee's period of total actual service in a specific Job classification. SECTION 16. - TENURE: A status acquired by an employee based upon the employee's period of total actual service with the Citv. SECTION 17. - UNIT MEMBER: ,An individual compensated through the City payroll, appointed to a classification and designated C to be within this Unit for labor bargaining purposes. SECTION 18. - WORKDAY: A workday is an individual 24-hour period within a seven consecutive day (168 -hour) workweek. SECTION 19. - WORKWEEK: A workweek is a fixed and regularly recurrinc, period of 168 hours - seven consecutive 24-hour penods (workdays) - which begins at 12:01 a.m. on Saturday and ends at 12:00 a.m. oil Friday. SECTION 20. - WORK SCHEDULE: A full-time work schedule is a forty (40) hour per workweek schedule consisting of: 19.1 Eight (8) hours in a workday for five (5) consecutive workdays within a workweek, or 19.2 Ten (10), hours in a workday for four (4) consecutive workdays within a workweek. ARTICLE III COMPENSATION SECTION 1. - SALARY: 1.1 FY 2013/14: On or before April 17� 2014. the City shall pay a one-time lump sum amount to eligible Unit members in the amount of four percent (4%) of the member's annual base salary after the six percent (6%) salary adjustment. Unit members that are on an approved leave of absence are eligible to receive the settlement payment. Unit members that left employment with the City prior to City Council's approval of this Memorandum of Understanding are not eligible to receive this one-time lump sum payment. The Lump sum payment shall be reported to CalPERS. 1.2 6% increase to Unit members' prevailing pay rate in exchange for the elimination of all Employer Paid Member Contributions (EPMC), effective the pay period beginning March 15, 2014. 1.3 FY 2014/15: 2.5% COLA effective June 211, 2014, contingent upon Unit members being current with the completion of performance evaluations for subordinate employees. Individual Unit members that as of June 21, 2014, are not current with the completion of performance evaluations for subordinate employees will not receive the 2.5% COLA as of June 21, 2014, but shall receive the 2.5% COLA upon completion of the outstanding performance evaluations. A current performance evaluation shall mean an evaluation completed within the prior 12 months. 1.4 The City shall engage an independent consultant to conduct a salary and total compensation survey of comparable cities of similar size and organizational structure to the City of Carson. This survey shall be for information purposes only for developing proposals for a successor MOU for FY 2015/16 and beyond. The parties agree to meet and confer over process for city-wide salary and benefit study and to negotiate over parameters and implementation (i.e. comparable cities, benchmark positions, career families, y -rating). 4 SECTION 2. - LONGEVITY PAY: /2 2.1 The City agrees to continue to pay Unit members two and one-half percent (21,'%,) of their prevailing pay rate as longevity pay commencing on the anniversary of attaining fifteen (15) years service credit. i I I I -half percent The City agrees to continue to pay Unit members an additional two and one (21�/,,%) of their prevailing pay rate as longevity pay commencing on the anniversary of attaining twenty (20) years service credit. 2. 3 Effective July 1, 2013, the City agrees to pay Unit members an additional two and one- half percent (2/2%) of their prevailing pay rate as longevity pay commencing on the anniversary of attaining twenty-five (25) years service credit. This two and one-half (21//-.%) at 25 years of service is to replace the two and one-half (2/2%) at 30 years of service, not to supplement it. SECTION 3. - ACTING DUTY PAY: ,Z. I The City Manager, or his/her designee, may appoint a Unit member to acting duty status to perform the duties of a higher classification that is vacant, either permanently or temporarily, or newly created, subject to numbers 3.2 through 3.20 below. in line as the City Manager, A Unit member may serve i acting duty status only until such ti or his/her designee, makes a regular appointment to the classification or until such time that the incumbent employee returns to work. Only Unit members in good standing, e.g. not currently rated unsatisfactory, not currently on a work improvement plan, or not currently having disciplinary action pending or in effect, may be appointed to acting duty. 3.3 An acting duty appointment may be effective for a period of up to thirty (30) days, except for special circumstances as defined by the City Manager, or his/her designee. The City Manager, or his/her designee, may extend an acting duty appointment, at their sole discretion. Special circumstances include, but are not limited to, needing required licenses, certificates, or degrees, or needing certain training or abilities. 3.4 A Unit member appointed to acting duty status shall be paid a rate not less than the minimum pay range for the acting classification. Acting duty pay shall be at least 10% C, more than the Unit member's prevailing pay rate. 3.5 A Unit member appointed to acting duty status shall not be paid more than the maximum pay rate in the pay range for the acting duty classification. in 1 3.6 While servi g in acting duty status a Unit member shall continue to receive any pay ad I ustments, advancements and ffinge benefit increases granted to the Unit member's J =1 reolular classification. These adjustments or advancements may cause a Unit member's acting duty pay rate to increase correspondingly, if still under the maximum acting pay rate noted in this section ' ).5 of Article 111. 5 1.7 1 1 1 immediately A Unit member appointed to acting duty status shall receive acting duty pay upon assuming the acting duty position, provided the assignment is for at least one scheduled work week (40 consecutive work hours). 3.8 A Unit member has the right to refuse or discontinue any acting duty assignment in with 72 -hours written notice to the Unit member's Director with a "cc" copy to the Human Resources Department Head. 3.9 A Unit member may be removed from any acting duty assignment for any reason, as determined b -NI the Citv Manaaer, or his/her desianee. 3.10 A Unit member may be appointed to an acting duty assignment while serving in their initial probationary period in the City ser -vice, at the discretion of the City Manager, or his/her designee. 3.11 Unit members that are appointed to actin duty in positions that are FLSA exempt from 9 overtime, will not be subject to those provisions provided by the FLSA and will receive overtime compensation. 3.12 A Unit member in an acting duty appointment for 90 days or longer, shall receive leave and holiday pay at the acting rate for all such subsequent leaves and holidays that fall after the 90'h day, provided that the position is not back-filled with another acting appointment. 3.13 The City shall not employ temporary or contract Unit members in any vacant or newly created budgeted position or for a temporary assignment where an acting appointment could be offered to a full-time Unit member. 14 The City shall continue a citywide policy of rotating acting duty appointments, based on the following order: 1) from the current employment eligibility list, 2) from a list of Unit members, within the respective division, in the immediately subordinate classification(s) of the vacant position, ranked by seniority.. 3) from a list of Unit members, within the respective work group, in the immediately subordinate classification(s) of the vacant position, ranked by seniority, 4) from a list of Unit members, from outside the respective work group, in the immediately subordinate classification(s) of the vacant position, ranked by seniority, An acting appointment from outside the work group can only be made upon the approval of the Directors of the two affected work groups. The rotation of acting appointments should be used for all periods exceeding thirty (30) calendar days, unless extended by the City Manager or his/her designee. Upon completion of the acting assigriment, the Unit member will be placed at the bottom of the acting rotation list. For a Unit member that was previously not eligible for acting duty but subsequently becomes 4-1 eligible, their name will be added to the rotation list in seniority order. Copies of acting duty rotation lists should be provided to both Human Resources and Payroll. Unit members may submit a statement of exception to the City Manager, or his/her designee, if the rotation of acting duty appointments as stated within section 3 is not followed. 6 3.15 A Unit member on an acting duty rotation list may only be by-passed by receipt of written memorandum from the Unit member's Director to the Unit member stating the reasons for omission from this round of acting duty. Such notice shall be provided within one week. The memo shall state whether the Unit member is being placed on the bottom of the list i.e. to gain more experience, etc. or whether they are being left at the top of the rotating list for the next available acting assignment i.e. a shorter term acting assignment. A Unit member may not be removed from an acting duty eligibility list without their written permission. 16 When a Unit member is appointed to an acting position, his regular position will not be automatically filled by a subordinate Unit member in an acting capacity (cascading actinc, unless the anticipated work load in that unit will be sufficient to warrant this action. This decision will be made in consultation with the division's supervisors, mana2er and the work group's Director. L_ 17 The "Notification of Acting Appointment" form (Form 1201/1099), must be completed and authonized by both the City Manager, or his/her designee, and the Human Resources Department Head prior to the first day of the acting assignment, unless unforeseen circumstances occur which prevent such completion. ').18 Although Unit members may be given the opportunity to accept an acting duty assignment, the placement in acting duty assignments will not negate the need to meet the required minimum qualifications of the position during the recruitment process for that position. 3.19 If a Unit member has served in an acting capacity long enough to satisfy, the normal probation period, and if that Unit member is promoted into the position that he/she has been acting in, the probationary peni od shall be reduced to ninety (90) days. SECTION 4. - ANNUAL PROFESSIONAL DEVELOPMENT ALLOWANCE: 4.1 The City agrees to provide Unit members whose classification is designated exempt and the classification of Executive Assistant with six hundred fifty dollars ($650.00), payable in the first quarter of the fiscal year, as an allowance towards expenditures for professional development. 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; professional membership or association fees; or any other expenses which promote the professional development of the Unit member and promote the best interests of the City. 4.2 The City agrees to provide Unit members not specified in Article 111, Section 4.1 with three hundred dollars ($300.00). 1, payable in the first quarter of each fiscal year, as an allowance towards expenditures for professional development. 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; professional membership or association tees; or any other 7 expenses which promote the professional development of the Unit member and promote the best interests of the City. SECTION 5. - SALARY ADVANCEMENT: Advancement shall mean a pay rate increase given to a Unit member contingent upon ment and performance, within the pay range established for the Unit member's classification. A Unit member's pay rate increase shall be effective the first day of the pay -roll period in which the approprii ate length of service is achieved. Z, 5.? In addition to those conditions provided for in the City's Standard Management Procedures ("SMPs"), Unit members shall be eligible for advancement when their length of satisfactory service in their classification satisfies at a minimum the following requirements: Monthly Monthly Monthly Monthly Monthly Monthly Salary Salary Salary Salary Salary Salary Step A Step B Sta C Step D Step E Step F Date of 6 mos. after 121 mos. After at least After at least After at least appointment appt. after appt. 12 months 12 months 121 months in Step C in Step D in Step E 5.3 If a Unit member's performance evaluation has not been completed, discussed with the Unit member and received by Human Resources by the merit date, the merit increase will be processed as scheduled. 5 at'on of a Director, .4 The City Manager, at his/her sole discretion, or upon the recommend 1 the City Clerk or City Treasurer, as applicable, may grant an accelerated merit pay, increase for exceptional job performance. Such merit pay increase shall not be governed by the required service time differential required by subsection 5.2 above. Exceptional Job performance merit pay increases shall not exceed ten percent (10%) in any twelve (12) month period. As used herein, the phrase "outstanding job performance" shall mean a Unit member whose performance evaluations are current, and who received an "outstandin-" ratin- on his/her most recent performance evaluation. zn C, 5.5 The City shall retain its flexibility to hire and/or promote Unit members with exceptional skills or qualifications at a pay rate above Step A. SECTION 6. - ALLOWANCE FOR MILEAGE: 6.1 The City shall reimburse Unit members for use of their personal automobiles for official City business at the current IRS rate, as adjusted annually, plus any parking fees or tolls associated with City business. 6.2 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 seventy-five dollars ($75.00). Reimbursements I exceedino sevent-y-five dollars ($75.00) must be reimbursed through the City's demand register process. 6. 3 Reimbursement requests must be filed within the time frame required by SMP No. 3. Is, or any SMP which may be subsequently adopted. SECTION 7. - REDEMPTION OF ACCUMULATED LEAVE: Eligible Unit members covered by this MOU may redeem up to one hundred (100) hours of any accumulated leave in each fiscal year of this MOU. The redemption shall be subject to the following conditions: -7 . I I 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 8. - OVERTIME COMPENSATION: Except for exempt Unit members, the City shall provide Unit members with overtime compensation subject to the Fair Labor Standards Act and the following conditions: 8.1 Unit members shall receive either pay, calculated at one and one-half (11/2) times their prevailing pay rate, or compensatory leave credited at one and one-half (11/2) hours, for each hour of overtime worked. The City Manager, their Director, the City Clerk, or the City Treasurer, as applicable, shall have the exclusive authority to schedule and authorize overtime work and the City shall not compensate Unit members for unauthorized overtime work. The choice between overtime pay or compensatory time will generally be allowed to be made at the discretion of the Unit member unless, with reasonable notice, the City determines that the Unit member must receive compensatory time, or unless not otherwise allowed by the Fair Labor Standards Act, as determined by the City. 8.2 Except as otherwise provided, over -time work shall be: a. Work performed in excess of eight (8) hours in a workday in a five (5) day workweek; b. Work performed in excess of ten (10) hours in a four (4) day workweek; C. Work performed on the first, second or third scheduled days of rest; and d. Work performed at a time other than the scheduled shift. 8.3 For purposes of determining a Unit member's ellgibility for overtime compensation only, authorized paid leave shall be considered as hours of work. 8.4 When the City Manager or a Director decides that an emergency exists and requires that Unit members work more than four ( ' 4) hours between midnight and 8:00 a.m., such Unit member shall receive. at the discretion of the City Manager or General Manager, either In overtime pay calculated at two and one-half (2/2) times their prevailing pay rate, or compensatory leave, credited at two and one-half (21/2) hours, for each hour of emergency work. When the City Manager or Director requires that a Unit member work more than eight (8) hours during an emergency, such Unit members shall not return to work for at least eight (8) hours following the 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. 8.5 Unit members called in to work at a time other than their scheduled shift shall receive overtime compensation for a minimum of two (2) hours regardless of the number of hours actually worked, except that if an Unit member does not report for work within thirty (30) minutes after being called in, such Unit member shall not be entitled to the two (2) hour minimum compensation, but shall be compensated only for the time actually worked. 8.6 Overtime for hours in excess of eight (8) or ten (10) hours in a day shall be paid to all 4�1 Unit members, including exempt Unit members, who incur overtime hours related to the absentee voter process during the conduct of municipal elections, provided that the City may submit claims to the State Controller's Office for reimbursement of costs incurred for state -mandated cost programs. SECTION 9. - PAYCHECK DISTRIBUTION: 9.1 Payday shall be bi-weekly on Thursday. In the event the City determines to change the method of paycheck distribution, the Association shall be advised thirty (30) working days in advance. 9.'� Check distribution shall be through mandatory direct bank deposits except for Unit members who cannot obtain a checking or savings account. Proof and/or verification of inability to open a savings or checking account must be presented to the Human 4:1 Resources Department Head and the Finance Department Head to be granted exception. 9.3 The City does not permit payroll check advances. SECTION 10. - OVERPAYMENT REMEDY: Unit members covered herein shall reimburse the City for any overpayment of wages or benefits. Unit members 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 Unit member in writing Reimbursement may be accomplished by lump -sum deduction made on the next subsequent Unit member payroll check following overpayment notification, or by other reasonable repayment method acceptable to the Unit member and the City, except that the lump -sum deduction shall be required if the next subsequent Unit member payroll check is the final or termination check issued to the affected Unit member. Human Resources shall not unreasonably withhold approval 10 of payroll deductions to recover the overpayment. Failure by the City to timely notify any Unit member of an overpayment. does not waive the City's right to repavment. SECTION 11. - BILINGUAL USAGE PAY: 11.1 The Human Resources Department Head may authorize compensation to a Unit member for using bilingual skills during the course of work upon receipt of a wnitten Justification from the City Manager, their Director, the City Clerk or the City Treasurer, as applicable. 11.2) Unit members required to use bilingual skills during the course of work may petition for bilingual usage pay by submitting written -justification, approved by the City Manager, their Director, the City Clerk or the City Treasurer, as applicable, to the Human Resources Department Head. 11.3 Bilingual usage pay shall be fifty dollars ($50.00) per month. (This section on bilingual usage pay was originally approved by the City Council on October 16, 2001.) 11.4 The City may, at its discretion, test Unit members for proficiencN 7 in a second language in order for such Unit members to receive bilingual usage pay. 11.5 No Unit member may qualify for more than one "second" language or more than one bilingual usage pay at any given time. SECTION 12. - COURT SUMMONS/SUBPOENA/JUR'll DUTY: 12.1 Summons and Subpoenas Any Unit member summoned to provide testimony on behalf of the City, or at the direction of the City Manager, City Attorney or any Director, 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 Unit member appearing to provide testimony on behalf of himself/herself, or summoned to provide testimony on behalf of any other Unit member or on behalf of any third party, 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 mediation or arbitration, shall be required to use approved accrued leave time, or shall take time off as approved leave without pay. 12.2 Jury Duty Pay for jury service shall be limited to ten (10) working days in any one calendar year. Payment for jury duty shall be limited to those workdays, or portions of workdays, which fall during the Unit member's regular work schedule. and shall not exceed forty (40) hours in any workweek. I I SECTION 13. - HOLIDAY COMPENSATION: 13.1 Full time Unit members shall be allowed time off with pay at the Unit member's Straight time hourly rate for any holiday provided in this MO�i unless required by the Citv Manager, their Director, the City Clerk or the Cit, Treasurer, as applicable, to work in order to maintain City services. Unit members required to work shall be paid according to subsection 13.2 below. 1,;.,? Unit members required to work on a holiday shall receive, at the discretion of the City Manager, their Director, the City Clerk or the City Treasurer, as applicable, either pay, calculated at one and one-half (11/2) times their prevailing pay rate, or compensatory leave, credited at one and one-half (11/2) hours, for each hour worked on the holida-,;. SECTION 14. - SICK LEAN17E INCENTIVE PLAN,: Each eligible unit member who has used fifty (50) hours or less of sick leave during the preceding calendar year may elect to receive pay for 50% of the sick leave earned (at one hour pay for one hour converted) during the preceding calendar year, less the amount of sick leave used during the same period. 14.1 At the Unit member's election, the payment for unused sick leave may be converted to equivalent annual leave. 14.2 The Unit member shall indicate election by written request to the Finance Department Head on the City leave request form on or before January 15 of the succeeding calendar year. Payment for unused sick leave or the posting of annual leave shall be done on or before February 15 of each succeeding year as indicated above. 14.3 When a Unit member elects to receive payment in cash or annual leave, such Unit member's sick leave balance shall be reduced by the amount paid off in cash or converted to annual leave credit. Sick leave not converted as provided herein to cash or annual leave will accumulate as sick leave credit. 14.4 To be eligible for this provision, a Unit member must have been a full-time regular Unit member for two full years prior to the calendar year during which the sick leave to be so converted is earned. The Unit Member must have minimum of two hundred forty (240) hours of sick leave credits on December 31 of each year in order to qualify for the conversion benefit. SECTION 15. - SICK LEA17E BANK In accordance with the Person to Person Leave Donation Standard Management Procedure (SMP), Unit members may donate up to 25% of any combination of their accrued leave hours, provided the donation leaves the Unit member with at least a combined balance of one hundred (100) hours of the combined leave. These donated hours, as approved by the City, shall accrue directly to the sick leave balance of any designated active Full - Time employee of the City. Under certain circumstances, as spelled out by the Person I') to Person Leave Donation SMP, unused donated leave will be returned to donating Unit members. ARTICLE IV LEAVES SECTION 1. - ANNUAL LEAVE: The City shall provide Unit members with annual leave subject to the following conditions: 1.1 Annual leave is a period of approved absence with pay from regularly scheduled work which is not properly chargeable to some other category of leave. 1.2 The City Manager, the Unit member's Director, the City Clerk or the City Treasurer, as applicable, has the exclusive authority to preapprove use of annual leave. Unless the Unit member's use of annual leave interferes with work group operations, the City Manager, the Unit Member's Director, the City Clerk or the City Treasurer, as applicable, shall permit a Unit member to use annual leave at the Unit member's discretion. Unit members shall be credited with annual leave at the following rates: a. Thirteen and thirty-three hundredths (1333) hours for each month of service or major portion thereof from the date of appointment; b. Fifteen and thirtv-three hundredths (15.33) hours for each month of service or major portion thereof upon commencement of the Unit member's sixth year of service-, and, C. Eighteen and sixty-six hundredths (18.66) hours for each month of service or major portion thereof upon commencement of the Unit member's eleventh year of service. d. Upon the twentieth anniversary date Unit members will be credited with ten (10) hours of annual leave, in addition to the credit under subsection 1.3c above. e. Upon the twenty-first anniversary date Unit members will be credited with ten (10) hours of annual leave, in addition to the credit under subsection 1.3c & L' :)d above. f. Upon the twenty-second anniversary date Unit members will be credited with ten (10) hours of annual leave, in addition to the credit under subsection 1.3c. 1.3d, and 1.3e above. 9. Upon the twenty-third anniversary date and each anniversary date thereafter, Unit members will be credited with ten (10) hours of annual leave, in addition to the credit under subsections 1.3c, 13d, L' )e, and 1.3f above. 1.3 Unit members shall not be credited with annual leave during leaves of absence without pay exceeding eighty (80) working hours in any calendar month. 7 1.4 Unit members ma -N use annual leave only after satisfactorily completing their initial and/or extended probationary pen od. 1.5 Unit members shall not use less than one (1) hour of annual leave at any time. 1.6 Effective November 1, 2006, Unit members shall not accrue more than five hundred (500) hours of annual leave. 1.7 When a Unit member separates from the City service for any reason, the City shall compensate the Unit member for all accrued annual leave. The value of accrued annual leave shall be calculated using the Unit member's prevailing pay rate, plus longevity pay on the date of his/her separation from City service. Annual leave hours cashed at separation are not eligible for the City's match under the City's deferred compensation program. SECTION 2. - SICK LEAVE: The City shall provide Unit members with sick leave subject to the following conditions: I Unit members 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 Unit members shall not be credited with sick leave during leaves of absence without pay exceeding eighty (80) working hours in any calendar month. 2.2 Unit members mav 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. Unit members may not use sick leave at their discretion, but only in cases of actual sickness, illness, injury or quarantine of the Unit member or actual sickness, illness, injury or quarantine of the Unit member"s immediate family, or for bereavement. Sick leave may 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 Unit member or his/her immediate family. Unit members 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 California Government Code Sections 12945.2 and 12945.3 (the Moore -Brown -Roberti Family Rights Act), or 42 U.S.C. Section 2601, et seq. (the federal Family Medical Leave Act). 2.4 When a Unit member wishes to use accrued sick leave, the Unit member shall notify the City Manager, their Director, the City Clerk or the City Treasurer, as applicable, of the intended absence due to sickness, either before, or within one (I.) hour after, the time set for beginning the work period, unless the Unit member is incapacitated and physically unable to provide the required notification. Unit members on sick leave shall regularly inforin the City Manager, their Director, the City Clerk or the City Treasurer, as applicable, of their physical condition. 14 2.5 'When a Unit member uses sick leave, the Unit member will complete and submit a signed leave request form stating the need for such sick leave, including partial day absences. When a Unit member uses sick leave in excess of two (2) consecutive working I days and there is a pattern of absenteeism, the City may require a Un" )ber to present Upon return to work a medical certification signed by a Pl-, lcian or I., _�nsed medical practitioner verifying the need for such sick leave. 2.6 When a Unit member separates fr--- we City service for whatever reason the Unit member shall be compensat---' for one-half (/2) the value of accrued sick leave. The value of accrued qlcll- cave shall be calculated using the Unit member's prevailing pay IdLt, -longevity pay on the date of the Unit member's separation from City service. A rejected probationary Unit member shall not be paid for any accrued sick leave. Sick leave hours cashed at separation are not eligible for the Cit-,7*s match under the City's deferred compensation program. 7' 1 1 .7 Unit members 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 hour. Unit members may use accrued sick leave only after completing their initial one (1) month of service. In 2.8 The City Manager, their Director, the City Clerk or the City Treasurer, as applicable, may only approve the use of other leaves in lieu of sick leave when a Unit member has no sick leave available and the need for such leave is due to a serious health condition of the Unit member or his/her immediate family. SECTION 3. - HOLIDAY LEAVE: The City shall provide Unit members with the following ten (10) holidays with pay subject to the following conditions: C> 3.1 January I st (New Year's Day) The third Monday in January (Dr. Martin Luther King Jr. Day) The third Monday in February (President's Day) March 3 1 st (Cesar Chavez Day) The last Monday in May (Memorial Day) July 4th (Independence Day) The first Monday in September (Labor Day) November I I th (V eteran � s Day) The fourth Thursday in November (ThanksGiving Day) t:1 Z, December 25th (Christmas) Every day proclaimed by the President, Governor, or Mayor of this City as a public holiday 3.2 When any day designated as a hol i day falls on a Fni day or S aturday, 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 followine, C� Monday- shall be observed as the holiday. In order to be paid for a holiday or receive the I r, 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 fi7om 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 was used by the Unit member during his or her regularly- scheduled workday immediately before or after the holiday. 3 1.3 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 ilst) 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 pa�, for this half-day holiday if any leave without pay was used by the Unit member during his or her regularly -scheduled workday immediately before or after the half-day holiday. .4 All designated holidays shall be compensated for in ten (10) hour increments, for a total of one hundred (100) hours annually regardless of a Unit member's work schedule. �.5 When a Unit member 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. ing .6 Should the City abandon the closure of City Hall on Fridays, the day after Thanksgivi will be reinstated as a holiday and holiday hours will be renegotiated to ensure that all Unit members accrue the same number of holiday hours. SECTION 4. - ADMINISTRATIVE LEAVE: The City shall provide exempt Unit members with administrative leave as time off from work, instead of pay or compensatory leave credit for overtime work, subject to the following conditions: 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. 4.2 Use of administrative leave shall require the prior written approval of the City Manager, the Director, the City Clerk or the City Treasurer, as applicable. The City Manager, their Director, the City Clerk or the City Treasurer, as applicable, shall permit administrative leave to be used at the discretion of the Unit member, unless the City Manager, their Director, the City Clerk or the City Treasurer, as applicable, determines that the Unit member's use of administrative leave on the date and/or times requested interferes with work group operations. 4. 3) When a Unit member who is exempt separates from the City service for any reason, the City shall compensate the Unit member for all accrued administrative leave. The value of accrued administrative leave shall be calculated using the Unit member's prevailing pay rate, plus longevity pay on the date of his/her separation fTom City ser -vice. 16 Administrative leave hours cashed at separation are not eligible for the City's match under the City's deferred compensation program. 4.4 Unit members shall not be credited with administrative leave hours for leaves of absence without pay exceeding eighty (80) working hours in a calendar month. SECTION 5. COMPENSATORY LEAVE: The City shall provide Unit members not exempt from the provisions of the Fair Labor Standards Act with compensatory leave subject to the following conditions: I C, I A Unit member not exempt from the Fair Labor Standards Act shall request use of compensatory leave in advance by a written notice submitted to their supervisor. A Unit member shall not use less than one (1) hour of compensatory leave at anv time. Compensatory leave shall only be used at the discretion of the Unit member's supervisor. A Unit member may combine the use of compensatory leave with other authorized paid leave if approved by the City Manager, their Director, the City Clerk or the Cit" Treasurer, as applicable. 5.2 Effective Januar-y 1, 2006, Unit members may accrue a maximum of eighty (80) hours of compensatory leave. 5. 3 Use of compensatory time shall require the prior written approval of the City Manager, the Director, the City Clerk or the City Treasurer, as applicable. The City Manager, their Director, the City Clerk or the City Treasurer, as applicable, shall permit compensatory leave to be used at the discretion of the Unit member, unless the City Manager, their Director, the City Clerk or the City Treasurer, as applicable, determines, in his/her sole discretion, that the Unit member's use of compensatory leave on the date and/or times requested interferes with work group operations. When a Unit member separates from the City service for any reason, the City shall compensate the Unit member for all accrued compensatory leave. The value of accrued compensatory leave shall be calculated using the Unit member's prevailing pay rate, plus longevity pay on the date of his/her separation from City service. Comp time hours cashed at separation are not eliaible for the City's match under the City's deferred compensation program. n - SECTION 6. - WORKERS' COMPENSATION LEAVE: The City will provide Unit members with workers' compensation coverage and leave in accordance with California Workers' Compensation Law. 6.1 Except as other -wise provided, Unit members 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 administrator terminates workers' compensation leave due to payment of a "compromise and release" settlement, a disability and/or service retirement, the Unit member retuming to work, or a refusal by the Unit member to return to work following a determination by a physician that the Unit member is no longer temporarily disabled, whichever comes first. In the event of a dispute between the treating physician and another physician as to the z:1 117 Unit members temporary disability status, such dispute shall be resolved in accordance with applicable California Workers' Compensation laws. During the time the disabled Unit member is receiving the 17 weeks of paid Workers' Compensation leave, the Unit member shall continue to accrue annual leave, sick leave, seniority and tenure, for purposes of pay adjustments or advancements. 6.2 Unit members who are still disabled after seventeen (17) weeks, may apply for long term disability leave and long term disability benefits in accordance with Article V, Section 4. 6. 3 The City shall make all reasonable efforts to provide Unit members with light duty assignments when the Unit member is still disabled after seventeen (I/) weeks from the date of disability. 6.4 As used in this Section 61 the term "disabled" or "disability" shall have that meaning set forth in California Workers" Compensation law. 6.5 If in the opinion of the City.. the City's claims administrator, or the Workers' Compensation Appeals Board, a Unit member 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 Unit member into another vacant position of an equal or lower level. The Unit member must be able to perform the essential duties of that position. Nothing herein shall be construed to prevent such Unit member from applying for and competing for a position of a higher class. SECTION 7. - MILITARY LEAVE: The City shall grant military leave to Unit members as provided in California Military and Veterans Code Sections 389 through 395. SECTION 8. - BEREAVEMENT LEAVE: A Unit member will be allowed twenty (20) consecutive hours of paid bereavement leave per calendar year without carryover into the next calendar year in the event of the death of the Unit member's spouse, domestic partner, children, step children, foster children. . parent, step parent, brother, sister., grandparents, or grandchildren. SECTION 9. - LEAVE OF ABSENCE WITHOUT PAY: 9.1 The City Manager has the exclusive authority to approve a Unit member's request for leave of absence from work without pay. Such leave of absence shall not be approved unless the Unit member provides the City Manager with a written reason for the request. If the City Manager approves such leave of absence for a period of eight (8) working days or less, the Unit member shall not lose any seniority or tenure for such leave of absence. After the expiration of an approved leave of absence without pay, the Unit members shall be reassigned to their former classification. A leave of absence without pay will not be granted in excess of one (1) year. Unit member shall be responsible for parng for the cost of his/her benefits from the COBRA effective date. IS 9.2 The City Manager has the authority to grant or deny a Unit member's request for leave of absence from work without pay, except that the City Manager shall not unreasonablv deny a request for unpaid leave due to the medical disabilltv of the Unit member or a member of his/her immediate family. In accordance with federal and/or state laws, the City has the right to grant an Unit member's request for up to twelve (12) weeks of unpaid, job protected leave to eligible Unit members for certain family and medical reasons under the Family and Medical Leave Act of 1993 (FMLA). 9.1 .1 The continuation of City paid benefits period for Unit members on leave without pay for medical reasons shall be 90 days or longer in accordance with the Family Medical Leave Act (FMLA), California Family Rights Act (CFRA) and Pregnancy Disability Leave (PDL). Those Unit members not covered by FMLA, CFRA, or PDL shall not be eligible for the 90 days or longer continuation of City paid benefits. 9.4 The City shall not grant an unpaid leave in excess of one (1) year for Unit members with five (5) years or less tenure, or in excess of three (3) years for Unit members with more than ten (10) years tenure. A Unit member on an unpaid leave for sixty-one (61) days or more shall not accrue seniority or tenure for that portion of the leave over sixty (60) days. After the expiration of the unpaid leave, the Unit member shall be assigned to his/her former classification. Probationary Unit members are not eligible for unpaid leaves of absence, except as required by law. The Unit member requesting the leave shall state in writing the reasons for the request. SECTION 10. - TIME OFF FOR N70TING: The City shall provide Unit members with time off for voting subject to the following conditions: 10.1 When an Unit member claims not to have sufficient time outside of working hours to vote at a statewide election, the Unit member may, without loss of pay, and with the approval of the City Manager, their Director, the City Clerk or the City Treasurer, as applicable, take off up to two (2) working hours, which when added to the voting hours available outside of working hours will enable the Unit member to vote. The City Manager, their Director the City Clerk or the City Treasurer, as applicable, may not authon*ze a Unit member 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 Unit member the most time for voting and the least time off fTom work. 10.2 If the Unit member knows or has reason to believe that time off for voting shall be necessary on Election Day, the Unit member shall notify the City Manager, their Director, the City Clerk- or the City Treasurer, as applicable, of that fact at least two (2) work days in advance. SECTION 11. - LUNCH PERIOD: An uninterrupted, uncompensated lunch period of no less than thirty (30) minutes or longer than one (1) hour will be afforded to Unit members. The lunch pen' od may not be combined with the We rest periods or used to compensate for a late arrival or early departure from work unless approved by the City Manager, their Director, the City Clerk or the City Treasurer, as applicable. SECTION 12. - REST PERIOD: The City Manager, their Director, the City Clerk or the City Treasurer, as applicable, shall ide 1 1 provi Unit members with a compensated rest period of fifteen (15) minutes for each half work period as determined by standard management procedures. Unit members 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 day. SECTION 13. - FLEXIBLE WORK SCHEDULES: The City will work with Unit members to achieve flexibility in work schedules to accommodate special needs in areas such as: childcare, eldercare or education. These accommodations can be made whenever they can be done without causing hardship on the work unit. The allowable work schedule flexibility shall be restricted to those that can be made within the work day, such as: modifying starting or ending time by thirty (30) minutes, and/or reducing the meal peniod to thirty (30) minutes. Flexibility may also include other modifications which would require the use of leave hours or reductions in pay. ARTICLE V INSURANCE AND RETIREMENT BENEFITS SECTION 1. - HEALTH INSURANCE PREMIUM: 1.1 Effective January 1, 2013, the City shall pay up to, but not exceed, one thousand three hundred eighty-five dollars ($1,385.00) per month, based on the CalPERS highest fall family HMO rate for health insurance provided by the City for each full-time Unit member and his/her eligible dependents, with a cafeteria cap on the use of excess monies of one hundred fifty-five dollars ($155.00) per month for Unit member -only coverage and one hundred forty-four dollars ($144.00) per month for Unit member -plus -one coverage. 1.2 Effective January 1, 2014, the City shall pay up to, but not exceed, one thousand four hundred thirty-five dollars ($1,435.00) per month, based on the CalPERS highest full family HMO rate for the Los Angeles Region, for health insurance provided by the City for each full-time Unit member and his/her eligible dependents. I n Effective January 1, 2015, the City shall pay the highest fall family HMO premium for the Los Angeles region up to a cap of seven and one-half percent (7.5%) over the January 1, 2014 allowance. 1.4 Effective the second month following adoption of this MOU, the cafeteria cap on the use of excess monies shall be one hundred fifty-five dollars ($155.00) per month for all Unit members. 20 1.5 Unit members shall have the night to use monies remaining from the sums provided for 4:1 C, health insurance to purchase additional term life insurance, vision care and/or lone, term care insurance offered by the CitN. 1.6 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 sixtv 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. Effective the month following the adoption of the MOU, Unit members electing to discontinue or not electing health insurance coverage shall receive seventy-five percent (11 5 %) of the lowest 2 -part), premium to be put into a City -sponsored deferred compensation plan credited to the Unit member. Unit members currently receiving a higher amount than seventy-five percent (75%) of the lowest 2 -party premium shall continue to receive the same amount to be placed 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. 1.7 Unit members covered by this section shall have their choice of plans provided by the California Public Employees Retirement SNstem (CalPERS),, which are available in t1lis service area. 1.8 Spouse and dependent coverage shall continue to be available as provided through CalPERS. A Unit member's spouse and dependent children under age twenty-six (26), as well as children over age twenty-six (26) who are 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 CalPERS health plans. This section will be in effect for the duration of this MOU, subject to any contract changes by CalPERS. 1.9 Eligible retired Unit members shall be covered by the health insurance provided by the City according to the rules established by CalPERS. For Unit members hired prior to the effective date of the CalPERS 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 CalPERS 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 following schedule: ') I 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 SECTION 2. DENTAL INSURANCE PREMIUM: % of difference between the required minimum contribution and the amount the City pays for ac.tiveUnit members 0% 50% 60% 70% 80% 90% 100% I The City shall pay up to, but not exceed, the amount of eighty-seven dollars (S87.00) per month for dental insurance provided by the City for each Unit member and his/her eligible dependents. 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 authonized by the policies and requirements of the City -sponsored dental coverage plans. SECTION 3. - LIFE INSURANCE COVERAGE: The City agrees to provide each full-time Unit member with term life insurance coverage of not less than one hundred thousand ($100,000.00), subject to the requirements of the insurance carrier. A Unit member shall have the right to purchase supplemental term life insurance, up to the appropriate limit, using monies remaining from the monthly sum originally provided by the City for the Unit member's health insurance with any balance to be paid at the Unit member's expense, subject to the requirement of the insurance carrier. The City shall continue to offer additional life insurance programs already offered for Unit member purchase. SECTION 4. - SHORT LONG TERM DISABILITY INSURANCE PROGRAM: 4.1 The City shall provide long ter -in disability insurance (or "LTD") benefits for each full- time Unit member ("covered Unit member") under the terms, requirements and conditions set forth in the policy underwnitten a licensed insurance company contracted by the City. The City reserves the right to change the LTD carrier and/or LTD benefits provided, on such terms as the City determines are in its best interest, after meeting and consulting with the bargaining unit. 22 4.2 The City shall provide short term disability insurance (or "STD") benefits for each covered Unit member solely to provide the benefit during the 90 -day LTD benefit waiting period, the City shall provide a STD insurance plan for each covered Unit C, member under the terms, requirements and conditions compatible with the City',-, LTD benefit plan. Nothing herein shall bind the City to provide STD insurance coverage if the City chooses to implement a self-insured STD program. 4. ') After a maximum of a 90 -day waiting period: a. A covered Unit member who has been employed with the Clity for five (5) or more years, and who is disabled from his or her own occupation, shall be entitled to sixtv-six and two-thirds percent (66,3%) of his or her base pay rate to a maximum pay rate of seven thousand five hundred dollars (S7,500.00') per month at the commencement of disability leave up to age sixty-five (65)-, and b. A covered Unit member who has been employed with the City for fewer than five (5) years and who is disabled from his or her own occupation shall be entitled to sixty-six and two-thirds percent (661/3%) of his or her base pay rate to a maximum pay rate of seven thousand five hundred dollars ($7,500.00) per month at the commencement of disability leave for twenty-four (24) months. A covered Unit member who has been employed with the City for fewer than five (5) years and who is disabled from all occupations shall be entitled to sixty-six and two-thirds percent (W/3%) of his/her base pay rate to a maximum pay rate of seven thousand five hundred dollars ($7,500.00) per month at the commencement of disability, leave up to age sixty-five (65). C. There shall be no reduction of LTD or STD benefits for a workers' compensation award for permanent disability. In no case shall a Unit member on workers' compensation receive short-term or long-term disability benefits and worker's compensation salary continuation or temporary disability benefits simultaneously. d. There shall be no exclusion for "soft tissue injuries". including but not limited to musculoskeletal and connective tissue disorders, strains and sprains of the cervical, thoracic and lumbosacral spine. e. The only allowable offsets are those listed in the LTD and STD policies. 4.4 The provision of the LTD Plan and the STD Plan is conditioned upon the following: a. The continued availability of insurance coverage for LTD and/or STI) at a Z� comparable cost as set forth in the LTD and STD policies, subject only to increases in premium not to exceed applicable increases in the consumer price index for each year for the LTD and STD Plans underwritten by the existing carrier or other insurance carrier. b. E112ibility for and administration of benefits under the STD Plan and the LTD Plan and including the determination whether a covered Unit member is disabled from his or her own occupation, shall be determined by the insurance camier, not bv the CitV. C. Eligibility for and administration of benefits for existing LTD claimants, including the determination whether a Unit member is disabled from his or her own occupation, shall be determined by the City after consultation with the existing insurance carrier. 4. 5 Except as to the existing LTD claimants discussed in 4.1b, above, the City i is not required to provide LTD and/or STD coverage or benefits on a self-ftinded basis, now or in the future. The City reserves the right to change the LTD carrier and/or LTD benefits provided, on such terms as the City determines are in its best interests. 4.6 For injuries and other disabilities covered under Califomia workers compensation laws, Unit members shall be paid their regular pay rate for up to seventeen (17) weeks from the date of such disability ("workers compensation leave") or until the City's workers compensation administrator terminates workers compensation leave either due to payment of a "compromise and release" settlement, a disabilit�y and/or service retirement, the Unit member returns to work, or a refusal by the Unit member to return to work following a determination by a physician that the Unit member is no longer temporarily disabled, whichever comes first. In the event of a dispute between the treating physician and another physician as to the Unit member's temporary disability status, such dispute shall be resolved in accordance with applicable California Workers' Compensation laws. If a Unit member is approved for workers' compensation leave, the -Unit member shall not be eligible for STD or LTD benefits during the period of such workers' compensation leave. LTD eligibility for Unit members who are still disabled after seventeen (17) weeks shall be determined by the terrns of the LTD insurance plan described in section 4. 1, above. 4.7 While on short term or lone term disability, Unit members may use sick leave, comp time, administrative leave, or annual leave to bring them to 100% of their prevailing pay rate in conjunction with the disability benefit. The use of accrued leave shall be in order s 'f peci ied herein. SECTION 5. - CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS): 5.1 For those Unit members hired before the effective date of the CalPERS contract amendment providing for a tiered retirement benefit, the City shall include Unit members in the CalPERS "3% at 60" Plan with the following optional public acenc-\7 contract provisions: The optional contract provision relating to one (1) year final compensation; 11 The optional contract provision relating to military ser -vice credit as public service; 24 ill The optional contract provision relating to the 1959 Survivors Program at the level four benefits; iv. The optional contract provision relating to two years additional service credit. 4n V. The optional contract provision relating to the ability to purchase part-time service credit, but solely at Unit member's own cost. "li. The optional contract provision relating to the Pre -Retirement Option 2W Death Benefit. 5 1 .2 Effective March 15, 2014, Unit members shall pay the full percentage of the member contribution. -5.3 For those Unit members hired on or after the effective date of the CaIPERS contract amendment (May 6, 2011) providing for a tiered retirement benefit, and defined by Assembly Bill 340 — Pension Reform as "Classic Members", the City shall include such Unit members in the CalPERS "2% at 55" Plan with the following optional public agency contract provisions: 1. The optional contract provision relating to one (1) year final compensation" 11 The optional contract provision relating to military service credit as public service; ill The optional contract provision relating to the 1959 Survivors Program at the level four benefits; jv. The optional contract provision relating to two years additional service credit. The optional contract provision relating to the ability to purchase part-time service credit, but solely at Unit member's own cost. vi. The optional contract provision relating to the Pre -Retirement Option 2W Death Benefit. 5.4 Effective March 15, 2014, Unit members shall pay the full percentage of the member contribution. 5.5 For those Unit members hired on or after January I , 2013, defined by Assembly Bill 340 — Pension Reform, as "New Members", the City shall include such Unit members in the CalPERS "2% at 62" Plan with a three year final compensation period, and with the following optional contract provisions: i. The optional contract provision relating to military service credit as public service; 25 11 The optional contract provision relating to the 1959 Survivors Program at the level four benefits; ill The optional contract provision relating to two years additional service credit. iv. The optional contract provision relating to the ability to purchase part-time service credit, but solel�, at Unit member's own cost. v. The optional contract provision relating to the Pre -Retirement Option 2W Death Benefit. 5.6 "New Members" shall paN, the full percentage of the member contributions. SECTION 6 -DEFERRED COMPENSATION PROGRAM: 6.1 The City shall continue to sponsor deferred compensation programs. 6.2 The City agrees to match the amount, dollar for dollar, up to six -hundred dollars (5600.00) per calendar year, contributed to the Unit member's deferred compensation account. 6.3 Effective upon the adoption of the MOU, the City agrees to match the amount, dollar for dollar. as follows: a. Six hundred dollars ($600.00) per calendar year for Unit members in the classifications of Senior Clerk, Division Secretary, Administrative Secretary, Human Resources Assistant, Human Resources Specialist, Senior Human Resources Specialist, and Deputy City Clerk. b. One thousand dollars ($1,000.00) per calendar year for Unit members in the classifications of Principal Analyst, Senior Risk Management Analyst, Human Resources Analyst, Senior Human Resources Analyst, Senior Administrative Analyst, and Administrative Analyst. C. One thousand five hundred dollars ($1,500.00) per calendar year for Unit members in the classification of Executive Assistant. SECTION 7 - VISION CARE PLAN: The City will sponsor a vision care program. Unit members may purchase vision care through a payroll deduction from wages and/or with money remaining from the monthly sum provided for health insurance. SECTION 8 - SECTION 125 PLAN: The City shall provide a Section 125 Tax Code plan in order to allow Unit members to deduct excess insurance premiums, unreimbursed medical expenses, and child care payments before taxes. 26 ARTICLE VI HEALTH & 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 Unit members shall perform their assigned duties safely using the practices, means. methods, operations, and processes prescribed by law, occupational safety or health standards, safety orders, or safety rules and regulations. Unit members shall report any unsafe practices, equipment, or hazardous conditions promptly to their immediate super -visor. 1.3 The City shall not require nor permit any Unit member to go to or be in any employment or place of employment not reasonably safe and healthful. 1.4 The City shall not discipline any Unit member for refusing to perform tasks in the performance of which any law, occupational safety or health standard, or safety order would be violated; if such violation would create a real or apparent hazard to the Unit member. SECTION 2. - SAFETY DEVICES AND SAFEGUARDS: The City shall furnish, and the Unit member 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. - USE OF VETERANS PARK SPORTS COMPLEX: All City Unit members and their families shall be entitled to use all facilities and progrwns at Veterans Sports Complex at the rates below: Unit member — one hundred dollars ($ 100. 00) per year Unit member and family — one hundred fifty dollars ($150.00) per year Unit members who renew memberships shall receive the same percentage discount on the above prices as the general public receives at the time of renewal. For the purposes of this section, family shall mean those family members eligible for coverage under the CalPERS Health Insurance program provided by the Citv. I ARTICLE VII 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 Z� I I the work force performing such services. The City retains the exclusive right to exercise its night 2 7 to in ' anage and direct the performance of the City ser -vices and the work force performing such senices. 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 MOU, 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 bv the Citv 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 processes and materials to be employed in carrying out all City functions, including, but not limited to, the right to subcontract any work or operation; e. Determine the size and composition of the work force, to assign work to Unit members in accordance with requirements as detennined by the City, and to establish and change work assignments; f Determine job classifications; 9- Appoint, transfer, promote, demote and lay -off Unit members for lack of work or other appropriate reasons; h. Initiate disciplinary action for legitimate reasons; Determine policies, procedures, and standards for selection, training, and promotion of Unit members -- Establish Unit member performance standards, including, but not limited to, quality and quantity standards; k. Maintain the efficiency of governmental operations,* Exercise complete control and discretion over its organization, and the technology of performing, its work and services; M. Establish reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable in the performance of City services; and n. Determine any and all necessary actions to carry out its missions in emergencies. The exclusive decision making authority of the City on matters involving City rights and authority shall not be in any way, directly or indirectly, subject to the grievance pro'cedure. Unit members may grieve the impact of the exercise of exclusive City rights and authority that directly relate to matters not reserved to the City. SECTION 2. - CONCERTED REFUSAL TO WORK: 2.1 If a Unit member participates in any manner in any strike, sympathy 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 Unit members or employees of the City to engage in such activities, such Unit member 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 Z71 coricerted refusal to work by Unit members or other 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 shall not lock out Unit members ARTICLE VIII ASSOCIATION SECURITY SECTION 1. - DUES DEDUCTION: The Association may collect membership dues through City payroll deduction upon rece' t of ip written authorization of Unit members in classifications covered by this MOU if it so chooses. SECTION 2. - LEGAL COUNSEL: The City agrees to provide members with legal counsel in accordance with the obligations imposed on public entities by Government Code Sections 825 and 995. The City agrees that Unit members have the right to their own legal representation in all disciplinary actions, but at their own expense. SECTION 3. - MEET AND CONFER IN GOOD FAITH - SCOPE: The City shall not be required to meet and confer in ( 'Yood faith on any subject preempted by federal or state law. 29 SECTION 4. - RELEASE TIME: The City shall provide Unit members A,,Ith release time leave subject to the following conditions: I 4.1 Upon advance written notice and unless the Unit member's or designated representative's use of release time interferes with work group operations, the immediate supervisor shall permit a Unit member 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 ti ime requests for up to one (1) hour for both the Unit member and one (1) designated representative for each formal grievance. The immediate supervisor may approve release time requests for up to two (2) hours for both the Unit member and one (1) designated representative for each pre -disciplinary 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 A Unit member's designated representative may use release time to be present at the presentation of a formal grievance, a pre -disciplinary conference or disciplinary hearing. 4.4 Up to 4 representatives and/or officers of the Association will be permitted to use release time to attend meet and confer sessions, Personnel Committee meetinus. and t, I Labor/Management meetings scheduled by the City during work hours. The City shall not be liable for overtime payments for sessions or meetings beyond regular work schedules. 4.5 Release time is not available for external grievance or legal procedures, such as PERB, court bearings, etc. SECTION 5. - FAIR LABOR STANDARDS ACT: 5.1 The Association affirms the City's right and obligation to determine the jobs in the City of Carson which are exempt according to the revisions of the Fair Labor Standards Act. 5.2 The Association agrees that those positions determined by the City to be exempt as defined in the Fair Labor Standards Act are exempt fTom the minimum wage and overtime provisions of the Fair Labor Standards Act and the overtime provisions of the City of Carson Personnel Rules. SECTION 6. - PERSONNEL FILE: There shall be one official personnel file for each Unit member and it shall be kept at City Hall in the Human Resources Division. 30 ARTICLE IX GRIE17ANCE PROCEDURE SECTION 1. - PURPOSE: The purpose of the Grievance Procedure is to establish channels of communication between Unit members, supervisors, and management. The Cit�, 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 concemin2 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." z:1 Step 1. A Unit member shall have the right to present a grievance, in writing, within five (5) z:1 work -Ing days of the action or incident causing the grievance. Such grievance shall be provided to the immediate super -visor 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 Department Head. 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) wo ' rking 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 Director, 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. Step 2. If the immediate super . -visor�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 Director, 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 Director, 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 0 ievance, the Director, City Clerk, or Citv t1Ti 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 Director, 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 Department Head, within five (5) working days of the next immediate supenisor'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 Director, City Clerk, or City Treasurer. Step 3. If the Director, 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 Department Head, within five (5) working days of the Director, Cit Clerk. or City Treasurer's actual or constructive decision on the grievance. The Human Resources Department Head shall contact and discuss the grievance with the Unit member and/or the Unit member's designated representative and shall discuss the arievance with the Unit member's Director, Citv 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 Department Head 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 Department Head. Failure of the Human Resources Department Head 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 Department Head'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 Humam Resources Department Head'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 submit their grievance to the Human Resources Department Head in accordance with the timing requirements and procedures of this Step 3. Step ' )a. Before moving a grievance to the City Manager's step, a Unit member may request an advisory mediation session. The cost of mediation will be shared by the City and 32 the Association(s) on a 50/50 basis, with both parties bearing their own legal costs., including but not limited to attorneys fees. Step 4. If the grievance is not satisfactorily resolved through presentation of the complaint to the Human Resources Department Head's, 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 Director in lieu of the City Manager. When the Unit member presents a grievance to a non-involved Director in lieu of the Citv Manager, the selected person shall discuss the grievance with the Unit member and/or the Unit member's desionated representative. The selected person shall also discuss the grievance with the Unit member's immediate supervisor and the Human Resources Department Head, Director, the City Clerk or the City Treasurer, as applicable. Within ten (10) working days after receipt of the gni evance, 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 M,,evance 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 Director, 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. SECTION 6. - MATTERS EXCLUDED FROM THEGRIEVANCE 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 4-1 resulting from the use of the grievance procedure. ARTICLE X APPEAL PROCEDURES SECTION 1. - REQUEST FOR DISCIPLINARY HEARING: Unit members 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 a Unit member, in accordance with the City of Carson Personnel Rules, as such Personnel Rules may be amended from time to time. When a Unit member requests a disciplinary hearing, the request shall be in writing, signed by the Unit member, and presented to the Human Resources Department Head within ten (10) calendar days after the notification date of the imposition of the disciplinary action. Any such request shall be addressed to the Human Resources Department Head and shall identify the subject matter of the appeal, the grounds for the appeal, and the relief desired by the Unit member. All disciplinary hearings shall be considered in private unless the Unit member requests, in writing, a public hearing. If the Unit member fails to request a disciplinary hearing within the prescribed time, the Unit member shall have waived the right to a hearing and all rights to fur-ther appeal of the disciplinary action. SECTION 2. - SCHEDULING OF DISCIPLINARY HEARING: The Human Resources Department Head shall be responsible for scheduling any disciplinar,%,, hearing within a reasonable time after the filing of the Unit member's request, considering the availability of a hearing officer and the convenience of the Unit member and witnesses. If the disciplinary action taken by the Unit member's Director is discharge, the parties shall commence proceedings to select a hearing officer under Section 3 within fifteen (15) calendar days after the filing of the Unit member's request, unless a time extension is agreed to in writing by both the City and the affected Unit member and/or his/her representative. SECTION 3. - HEARING OFFICER: 3.1 The City Manager shall be the hearing officer for disciplinary hearings except for those involving discharge. The City Manager may designate a General Manager Director, as C, mutually agreed upon by the City and the Association, as the hearing officer for any disciplinary hearing that does not involve discharge. 3.2 In any disciplinary hearing involving discharge, 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 Unit member and the City Manager mutually agree in writing that the hearing officer may be the City Manager. 3.3 The City Manager or his/her designee shall be the final hearing officer on all matters of discharge brought forward by a Unit member without the support or involvement of the Unit member's Association. 34 SECTION 4. - REPRESENTATION AT DISCIPLINARY HEARING: 4.1 At the disciplinary hearing, the Unit member 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 Unit member. 4.2 The Unit member 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 askina any representative or other person present at the r� - hearing, any questions that the hearmig officer may deem appropri ate and relevant to the Subject matter of the appeal. SECTION 5. - BURDEN OF PROOF AND EVIDENCE: The City shall have the burden of proof and shall be required to prove the charges against the Unit member by a preponderance of the evidence. The disciplinary hearing shall not be conducted according to the technical rules of evidence. SECTION 6. - CONDUCT OF THE DISCIPLINARY HEARING: The conduct of the disciplinary hearing shall 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 zn 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 Unit member. 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 XI OTHER MATTERS WITHIN THE SCOPE OF REPRESENTATION SECTION 1. - PROMOTIONAL OPPORTUNITIES: 1.1 The City shall make a good faith effort to promote and transfer fTom within the City service. -� 5 I.-) The City shall recruit for and establish eligibility lists for all vacant budgeted posit' 4-- ions, unless they are temporarily ftozen by the City Manager. At his sole discretion, the Citv Manager may fill a position by reinstatement or voluntary demotion. I . 3 A Unit member 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 Unit member 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 a Unit member in the promotional capacity and can in no wav be used to revoke rights or benefits gained by the prior passage of the Unit member's initial probationary period within the City. SECTION 2. - PERSONNEL COMMITTEE: The City agrees to inform the Association of any issues going before the City Council Personnel Committee and City Council concerning the Association. The Association will be given this information and the right to attend said meetings on release time, in accordance with the terms set forth in Article VII, Section 4.4. SECTION 3. - LATERAL TRANSFERS: Unit members who wish to be considered for lateral transfer must complete a lateral transfer form and place it on file with the HR Department, When the HR Department receives an approved requisition for a position where a Unit member has filed a lateral transfer form, the HR Department will notIA7 that Unit member of the recruitment duning the promotional recruitment period., and provide the Unit member with a recruitment flyer. Testing requirements will be waived if the candidate meets the minimum requirements of the open position. Unit member lateral transfer candidates shall be advanced directly to an interview with the hiring authority, at a time that is to be determined by the hiring authority. The selection decision shall be at the discretion of the hiring authority. Lateral transfer candidates shall not have superior rights to the open position over the rights of the promotional candidates. SECTION 4. - TYPING CERTIFICATES: Typing certificates verifying typing speeds of 65 words per minute or greater shall be considered to be valid for 36 months from the date of issuance. ARTICLE XII LAYOFF SECTION 1. - PREREQUISfTE FOR LAYOFF: If the City Manager determines that a reduction in personnel is necessary for economic reasons, then the order of layoff shall observe the "senionity rule" in putting the reduction into effect, (Government Code § 45100.) It is agreed by the City and the Association that the seniority rule 36 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. i.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 min' 1 imum qualifications. I I =1 'll meet and consult with the representative of the Association over 3 Maria ement wi 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', 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. SECTION 2. - ORDER OF LAYOFF: 2.1 Unit members who have two (2) 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 seniority, the least senior Unit member based on total actual employment in a classification 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 —1AThere the senionity of two (2) Unit members is of the same length, the Unit member with the shorter tenure shall be laid off first. 2.4 Ties in Tenure - Where the actual seniority and tenure of two (2) Unit members are of the same length, tenure shall be decided bv the drawing of lots. ', 7 7". 5 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 classification the same salar-v range. I SECTION 3. - VOLUNTARY DEMOTION: A Unit member so laid off may choose voluntary demotion so as to avoid layoff. 1.1 Such voluntary demotion can be to a lower or equal class of previous standing or to a lower or equal class that is vacant provided they meet the minimum qualifications for those positions, 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: Unit i members 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 Human Resources and shall be used in order when any vacancy for that classification 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 sixty (60) days from the date of layoff, the Unit member may be required to take a medical examination so as to ensure the Unit member is medically and mentally capable of performing duties of the classification. The individual shall still be required to meet the minimum qualifications of the classification. SECTION 5. - SEVERANCE PACKAGE: The City shall provide laid off Unit members a severance package in exchange for release of all claims as follows: 5.1 Severance pay calculated at thir-ty (30) hours for each year of service with a minimum benefit of 173.33 hours pay and a maximum benefit of 520 hours pay. 5.2 Medical and dental benefits will be provided through the regular insurance and/or COBRA reimbursement for the time peniod equivalent to the number of days as the severance pay. 38 ARTICLE XIII DRAFTING PROVISIONS ANn M TV A �rin SECTION 1. - FULL UNDERSTANDING: This ' 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 any such matters are hereby superseded and/or terminated in their entirety. All provis' i ing C' I i ions of exist' ity rules and regulations, resolutions, ordinances and policies not specifically contained in, or referred to by this MOU, shall remain in full force and effect, and are specifically not superseded or otherwise affected bv this MOU. This MOU contains 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, resolut] ons, ordinances and policies. 1, remains the parties' understandin . cy that the City's Personnel Rules, however, do not apply to' unclassified persons covered by thi':s' MOU. SECTION 2. - SEVERABILITY: Notwithstanding any other provisions of this MOU, in the event that any article, section, or subsection of this MOU shall be declared invalid by any court or by any state or federal law or regulation, or should a decision by any court or any state or federal law or regulation diminish the benefits provided by this MOU, or impose additional obligations on the City, the City and the Association shall meet and confer on the affected article, section, or subsection. In such event, all other articles, sections or subsections of this MOU not affected shall continue 1 effect. in full force and SECTION 3. - EMERGENCY WAIVER: In the event of circumstances beyond the control of the C' ity, such as acts of God, fire, flood, earthquake, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this MOU or the Personnel Rules and Regulations of the City, which restrict the City's abilitv to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, this MOU will be reinstated immediately. The Association shall have the right to meet and confer with the City regarding the impact on Unit members of the suspension of provisions in the MOU during the course of the emergency. Any rights and benefits suspended by virtue of the emergency shall be restored as soon as practicable at the conclusion of the emergency. SECTION 4. - MUTUAL DIGNITY CLAUSE: The City values its Unit members' diversity and dignity. Therefore, the City of Carson shall ensure that Unit members represented by ACE shall be treated in a respectful, professional and cordial manner. And conversely, ACIE shall encourage all its member to show mutual respect and professional courtesy and exhibit high standards of internal customer relations with their super -visors and fellow Unit members. Violation of this section shall be grievable through the normal grievance procedures.. however, if the Unit member�s i mimediate super -visor (first step of grievance procedure) is the violator of this clause, the grievance, if filed, will be started at the 39 next level. Before a Unit member files a grievance for violation of this section, the Unit member shall be required to first discuss the situation with the ACE Board. SECTION 5. - JOINT DRAFTING: Each party has cooperated in the drafting and preparation of this MOU. Hence, in any construction to be made of this MOU, the same shall not be construed against any party. SECTION 6. - MODIFICATION: This MOU may only be. modified or amended by written agreement between the parties which then must be approved by Council resolution. SECTION 7. - DURATION: 7.1 This Memorandum of Understanding 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 2015. The Association will submit a list of requests to the City no later than February 161, 2015. Except as otherwise provided herein, this MOU shall be in full force and effect from July 1, 20 1 _33 and shall remain in full force and effect up to and including June 30, 2015. 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: 4n 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-, and F. Th ' e City ' and ACE agree to meet and confer to discuss corrections and/or changes to inconsistent or ambiguous language or sections of this MOU and agree to amend such language or sections as mutually agreed upon. 40 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 MOU. This 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 MOU is of no force or effect unless or until ratified and' approved by a resolution of the City Council. IT IS SO AGREED: ACE Edwin Holton ACE President Cecilia Malele ACE Vice -President T�erese K. F—oisia ACE Secre"t�ry 41 CITY OF CARSON J�ckie Acosta Iriteri'm City Manager/ Employee Relations Officer Robert A. Blackwood Interim Human Resources Officer Elvia Parra Acting Senior Human Resources Analyst Colin J. Tanner Deputy City Attorney PASSED, APPROVED AND ADOPTED THIS 18 th DAY OF MARCH 2014. - ji t-4- 2: �' � MAYOR JIM DEAR ATT CITY CLERK DOlkES-TA L. GAUSE, CMC APPROVED AS TO FORM: CITY ATTOMITEY 42 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF CARSON I, Donesia L. Gause, 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. 14-016 was duly and regularly adopted by said Council at a regular meeting duly and regularly held on the 18'h of March, 2014, and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS: Mayor Dear, Santarina, Gipson, Davis -Holmes and Robles NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None _a� City Clerk Donesia Gause, CMC 43