HomeMy Public PortalAbout15) 7K Approval of a MOU between the City of Temple City and the Temple City Employees Association from July 1, 2016 Through June 30, 2018AGENDA
ITEM 7.K.
ADMINISTRATIVE SERVICES DEPARTMENT
MEMORANDUM
DATE: June 7, 2016
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
By: Tracey L. Hause, Administrative Services Director
SUBJECT: APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF TEMPLE CITY AND THE TEMPLE CITY EMPLOYEES
ASSOCIATION FROM JULY 1, 2016 THROUGH JUNE 30,2018
RECOMMENDATION:
The City Council is requested to adopt Resolution No. 16-5169 (Attachment "A") approving
the Memorandum of Understanding (MOU) between the City of Temple City (C ity) and the
Temple City Employees Association (TCEA) and amending salary ranges for positons
represented by TCEA in accordance with the negotiated terms in the MOU.
BACKGROUND:
1. On February 24, 2015, the City Council adopted Resolution 15-5067 approving the first
MOU between the City and TCEA and amending salary ranges fo r the positions
represented by TCEA.
2. On July 23, 2015, the City and TCEA had their first Joint Labor-Management
Committee (JLMC) meeting to discuss compensation philosophy.
3. Between July 23, 2015 and April20, 2016, the City met on numerous occasions with
TCEA to further discuss compensation philosophy and possible terms of an MOU
for July 1, 2016 through June 30, 2018.
4. On April 20, 2016, TCEA membership voted to ratify the terms contained in the City's
counter proposal which the City had presented to TCEA's Board on April 20, 2016.
City Council
June 7, 2016
Page 2 of 4
ANALYSIS:
As stipulated in the MOU adopted by the City Council and ratified by TCEA in February
2015, it was agreed that the City and TCEA would establish a JLMC for the purpose of
discussing compensation philosophy, which included, but not limited to, a discussion on
the following items:
• The 2014 Ralph Anderson & Associates salary study;
• Future salary study;
• Longevity compensation;
• Additional merit increases;
• Pay for performance;
• Education incentive pay;
• Medical benefits; and
• General compensation philosophy.
While there was general discussion on all issues early on in the process, the City and
TCEA agreed to discuss terms of an MOU covering the period of July 1, 2016 through
June 30, 2018, as part of the JLMC meeting process. The City and TCEA did come to
agreement and the following is a summary of the changes in wages and benefits for the
employees who are represented by TCEA, which are included in the MOU for City Council
approval:
Salary and Employer Paid Member Contributions
Effective with the pay period ending July 8, 2016:
• 2.5% salary increase; and
• In connection with the resolution being adopted concurrently in this meeting by
City Council and acceptance from CaiPERS, 1.0% increase in the employee
contribution to the employee share of CaiPERS retirement (this would bring the
employee total contribution to 8.0% and result in the City paying no EPMC
contributions for any TCEA employees).
• For employees who are not already paying their full CaiPERS employee
contribution, this will result in a net salary increase of 1.5%.
Effective with the pay period ending July 7, 2017:
• 2.0% salary increase.
Merit Leave Bank
Each TCEA member who has completed at least one full year in a full-time TCEA position
and receives an overall rating of "Commendable" or "Exceptional" on his/her annual
performance evaluation, shall receive a bank of merit leave in accordance with the
-------------
City Council
June 7, 2016
Page 3 of 4
following schedule:
Number of Completed Years
of Full-Time Employment Amount of Merit Leave Bank Hours
1-5 Years
6-10 Years
11-15Years
16-20 Years
21 Years+
10 Hours
20 Hours
30 Hours
40 Hours
50 Hours
On June 30 of each year, the City will automatically cash out any unused merit leave
hours at the employee's current base rate of pay.
Optional Benefit
The City will continue to provide an optional benefit to employees in an amount of up to
$822.00/year. If the optional benefit is not used for health insurance premiums, current
employees can take that amount as taxable income. For all new employees hired after
July 1, 2016, the optional benefit can only be used for health insurance premiums.
The City will provide up to an additional $822.00/year to employees, for the sole purpose
of payment of any additional health insurance premiums.
Education Incentive Pay
TCEA members who are not required to possess a Bachelor's or Master's degree or
doctorate as a minimum qualification for their position, yet have earned a Bachelor's or
Master's degree or doctorate, are eligible to receive education incentive pay as follows:
A stipend eq ual to 2% of base pay for a Bachelor's degree; and
A stipend equal to 4% of base pay for a Master's degree or higher.
For employees in positions for which a Bachelor's degree is a minimum qualification,
education incentive pay will be as follows:
A stipend equal to 2% of base pay for a Master's degree; and
A stipend equal to 4% of base pay for a doctorate.
CITY STRATEGIC GOALS:
By adopting Resolution No . 16-5169, approving the MOU between the City and the TCEA
furthers the City's Strategic Goal to promote Good Governance.
City Council
June 7, 2016
Page 4 of 4
FISCAL IMPACT:
Funds for implementation of the first year of the MOU are included in the proposed Fiscal
Year (FY) 2016-17 City Budget. Annual costs for implementation will range from $47,900
to $62,625, depending on how the changes in benefits will affect each employee
represented by TCEA specifically, (i.e., number of years of completed in full time
employment, amount of health premium costs and/or level of education).
ATTACHMENT:
A. Resolution No. 16-5169
ATTACHMENT A
RESOLUTION NO. 16-5169
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY, CALIFORNIA AMENDING THE SALARY
RANGES FOR TEMPLE CITY EMPLOYEES ASSOCATION
(TCEA) POSITIONS
WHEREAS, Between July 23, 2015 and April 20, 2016 , the City met on
numerous occasions with TCEA to further discuss compensation philosophy and terms
of a Memorandum of Understanding (MOU) for July 1, 2016 through June 30 , 20 18.
WHEREAS, On April 20, 2016, TCEA membership voted to ratify the
terms contained in the City's most recent counter proposal wh ich was presented to
TCEA's Board on April 20, 2016.
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RE 8 0LVE,
DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby approves the revised salary ranges for
TCEA positions (Exhibit "1"), effective with the pay period ending July 8, 2016.
SECTION 2. The City Council hereby approves the revised salary ranges for
TCEA positions (Exhibit "2"), effective with the pay period ending July 7, 2017.
SECTION 3. The City Clerk shall certify to the adoption of th is Resolution .
PASSED, APPROVED AND ADOPTED on this 7th day of June, 2016
MAYOR
ATIEST: APPROVED AS TO FORM:
City Clerk City Attorney
I hereby certify that the foregoing resolution, Resolution No. 16-5169, was duly passed,
approved and adopted by the City Council of the City of Temple City at a special meeting
held on the 7th day of June 2016, by the following vote:
AYES: Councilmember:
NOES: Councilmember:
ABSENT: Councilmember:
ABSTAIN : Councilmember:
City Clerk
ADMINISTRATIVE SERVICES DEPARTMENT
MEMORANDUM
DATE: June 7, 2016
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
By: Tracey L. Hause, Administrative Services Director
SUBJECT: APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF TEMPLE CITY AND THE TEMPLE CITY EMPLOYEES
ASSOCIATION FROM JULY 1, 2016 THROUGH JUNE 30,2018
RECOMMENDATION:
The City Council is requested to adopt Resolution No. 16-5169 (Attachment "A") approving
the Memorandum of Understanding (MOU) between the City of Temple City (City) and the
Temple City Employees Association (TCEA) and amending salary ranges for positons
represented by TCEA.
BACKGROUND:
1. On February 24, 2015, the City Council adopted Resolution 15-5067 approving the first
MOU between the City and TCEA and amended salary ranges for the positions
represented by TCEA.
2. On July 23, 2015, the City and TCEA had their first Joint Labor-Management
Committee (JLMC) meeting to discuss compensation philosophy.
3. Between July 23, 2015 and April 20, 2016, the City met on numerous occasions with
TCEA to further discuss compensation philosophy and possible terms of an MOU
for July 1, 2016 through June 30, 2018.
4. On Ap ri l20, 2016, TCEA membership voted to ratify the City's most recent response
to TCEA's original suggestions, presented to TCEA's Board on April 20, 2016.
City Council
June 7, 2016
Page 2 of 4
ANALYSIS:
As stipulated in the MOU adopted by the City Council and ratified by TCEA in February
2015, it was agreed that the City and TCEA would establish a JLMC for the purpose of
discussing compensation ph ilosophy, which included, but not limited to, a discussion on
the following items:
• The 2014 Ralph Anderson & Associates salary study;
• Future salary study;
• Longevity compensation;
• Additional merit increases;
• Pay for performance;
• Education incentive pay;
• Medical benefits; and
• General compensation philosophy.
While there was general discussion on all issues early on in the process, the City and
TCEA agreed to discuss terms of an MOU covering the period of July 1, 2016 through
June 30, 2018, as part of the JLMC meeting process. The City and TCEA did come to
agreement and the following is a summary of the changes in wages and benefits for the
employees who are represented by TCEA, which are included in the MOU for City Council
approval:
Salary and Employer Paid Member Contributions
Effective with the pay period ending July 8, 201 6:
• 2.5% salary increase; and
• Upon resolution being adopted by City Council and acceptance from CaiPERS,
1.0% increase in the employee contribution to the employee share of CaiPERS
retirement (this would bring the employee total contribution to 8.0%).
• For employees who are not already paying their full CaiPERS employee
contribution, this will result in a net salary increase of 1.5%.
Effective with the pay period ending July 7, 2017:
• 2.0% salary increase.
Merit Leave Bank
Each TCEA member who has completed at least one full year in a full-time TCEA position
and receives an overall rating of "Commendable" or "Exceptional" on his/her annual
performance evaluation, shall receive a bank of merit leave in accordance with the
following schedule:
------------~-~----------------
City Council
June 7, 2016
Page 3 of 4
------· ----------~-----
Number of Completed Years
of Full-Time Employment Amount of Merit Leave Bank Hours
1-5 Years
6-10 Years
11 -15Years
16-20 Years
20 Years+
10 Hours
20 Hours
30 Hours
40 Hours
50 Hours
On June 30 of each year, the City will automatically cash out any unused merit leave
hours at the employee's current base rate of pay.
Optional Benefit
The City will continue to provide an optional benefit to employees in an amount of up to
$822.00/year. If the optional benefit is not used for health insurance premiums, current
employees can take that amount as taxable income. For all new employees hired after
July 1, 2016, the optional benefit can only be used for health insurance premiums.
The City will provide up to an additional $822.00/year to employees, for the sole purpose
of payment of any additional health insurance premiums.
Education Incentive Pay
TCEA members who are not required to possess a Bachelor's or Master's degree or
doctorates a minimum qualification for their position, yet have earned a Bachelor's or
Master's degree or doctorate are eligible to receive education incentive pay as follows:
A stipend equal to 2% of base pay for a Bachelor's degree; and
A stipend equal to 4% of base pay for a Master's degree or higher.
For employees in positions for which a Bachelor's degree is a minimum qualification,
education incentive pay will be as follows:
A stipend equal to 2% of base pay for a Master's degree; and
A stipend equal to 4% of base pay for a doctorate.
CITY STRATEGIC GOALS:
By adopting Resolution No. 16-5169, approving the MOU between the City and the TCEA
furthers the City's Strategic Goal to promote Good Governance.
-----~-----------
City Council
June 7, 2016
Page 4 of 4
FISCAL IMPACT:
-~------------~
Funds for implementation of the first year of the MOU are included in the proposed Fiscal
Year (FY) 2016-17 City Budget. Annual costs for implementation w ill range from $47,900
to $62,625, depending on how the changes in benefits will affect the individual employees
represented by TCEA specifically, (i .e., number of years of completed in full time
employment and/or level of education).
ATTACHMENT:
A. Resolution No. 16-5169
ATTACHMENT A
RESOLUTION NO. 16-5169
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY, CALIFORNIA AMENDING THE SALARY
RANGES FOR TEMPLE CITY EMPLOYEES ASSOCATION
(TCEA) POSITIONS
WHEREAS, Between July 23, 2015 and April 20 , 2016, the City met on
numerous occasions with TCEA to further discuss compensation philosophy and terms
of a Memorandum of Understanding (MOU) for July 1, 2016 through June 30, 2018.
WHEREAS, On April 20, 2016, TCEA membership voted to ratify the
City's most recent response to TCEA's original suggestions, presented to TCEA's Board
on April 20 , 2016.
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby approves salary ranges for TCEA positions
(Exhibit "1 "), effective with the pay period ending July 8, 2016.
SECTION 2. The City Council hereby approves salary ranges for TCEA positions
(Exhibit "2"), effective with the pay period ending July 7, 2017.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED on this 7th day of June, 2016
MAYOR
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
I hereby certify that the foregoing resolution, Resolution No. 16-5169, was duly passed,
approved and adopted by the City Council of the City of Temple City at a special meeting
held on the 7th day of June 2016, by the following vote:
AYES: Councilmember:
NOES: Councilmember:
ABSENT: Councilmember:
ABSTAIN: Councilmember:
City Clerk
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF TEMPLE CITY
AND
THE TEMPLE CITY EMPLOYEE ASSOCIATION
(July 1, 2016 through June 30, 2018)
We the undersigned, duly appointed representatives of the City of Temple City ("City") and of the
Temple City Employee Association (''Association"), a recognized employee organization, having
met a nd conferred in good faith in accordan ce with the Meyers-Mili as-Brown Act, have reached an
Agreement which is to be submitted to the City Council of the City of Temple City for approval,
jointly prepare and execute, the following written Memorandum of Understanding ("MOU" or
"Agreement" or "Contract").
ARTICLE 1 : GENERAL PROVISIONS
1.1 Term of MOU. The term of this MOU shall commence on July 1, 2016, and shall expire at
midnight on June 30, 2018. The terms of this MOU shall be effective upon the adoption of
this MOU by the Temple City City Council, except as otherwise provided by specific sections
ofthis MOU.
1.2 Recognition. The City confirms its recognition of the Association as the recognized
employee organization pursuant to the City's Employer-Employee Relations Resolution No.
95-3430 for the fo llowing fu ll -time positions:
A. General Unit.
(1) Accounting Technician
(2) Adminis trative Coordinator
(3) Associate Planner
( 4) Building Inspector
(5) Building/Housing Assistant
(6) Community Preservation Officer
(7) Community Service Specialist
(8) Deputy City Clerk
(9) Maintenance Lead Worker
(10) Maintenance Worker
(11) Management Analyst
(12) Office Assistant I, II
(13) Park and Recreation Coordinator
(14) Park Maintenance Lead Worker
(15) Park Maintenance Worker
(16) Parking Control Officer
(17) Secretary
(18) Senior Community Preservation Officer
(19) Tree Trimmer
(20) Tree Trimmer Lead Worker
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B. Confidential Unit.
(1) Accountant
(2) Personnel Analyst
1.3 Distribution of MOU. The City will provi de all new employees w ho are hired into positions
represented by the Association with a copy of this MOU. The Association will provide all
current employees who are in positions represented by the Association with an electronic
copy of this MOU.
1.4 Management Rights.
A. Retention of Rights. The Association recognizes that the City has, and will continue
to retain in all respects, whether exercised or not, the unilateral and exclusive right
to operate, administer, and manage its public services and its work force performing
those services.
B. Exclusive Rights. The exclusive rights of the City shall include, but not be limited to,
t he right to determine the organization of City government and the purpose and
mission of its constituent departments, commissions, and boards; to set standards
and levels of service to be offered to the public, and through its management
officials, to exercise control and discretion over its organization and operations; to
establish and enforce administrative r egulations and work rules in addition to and
not inconsistent with the specific provisions of this MOU; to direct its employees; to
take disciplinary action; to lay off its employees; to determine the procedures and
standards of selection for employment and promotions; to determine whether
goods or services shall be purchased or contracted for; to determine the methods,
means and personnel by which the City's services are to be provided, purchased or
contracted including the right to schedule a nd assign work and overtime; and to
otherwise act in the interest of efficient service to the City a nd the public, except as
expressly modified or restricted by a specific provision of this MOU or by law . The
City retains its rights to assign and place volunteers in accordance with City policy.
To the extent required by law, the City agrees to meet and confer on the impact of
t he exercise of any such rights upon represented employees prior to
implementation.
Actions subject to Management's exclusive rights shall not be subject to any
grievance procedure.
C. Contracting-Out. Temple City is a co ntract city. The City agrees to meet and confer,
upon request of the Association, over the impact to employees of a ny decision by the
City to contract-out significant bargaining unit work to a non-City enterprise or
agency. The decision to contract-out such work shall not be subj ect to meet and
confer.
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1.5 Non-Discrimination. Association members shall have the right to form, join, and
participate in the activities of employee organizations of their own choosing for the
purpose of representation on all matters of employer-employee relations pertaining to
wages, hours, and other terms and conditions of employment. Association members shall
have the right to refuse to join or participate in the activities of the Association and shall
have the right to represent themselves individually in their employment relations with the
City. No employee shall be interfered with, intimidated, restrained, coerced, or
discriminated against by the City of Temple City or by any employee organization because
of the exercise of these rights.
1.6 Concerted Activities.
A. Strikes. Work-Stoppages. Slow-Downs. It is agreed a nd understood that there will be
no strike, work-stoppage, slow-down, sick-ins, or refusal or failure to fully and
faithfully perform job functions and responsibilities by the Association or by its
officers, agents, or members during the term of this Agreement, including requests
of other labor organizations to engage in such activity. Any employees engaging in
activity prohibited by this Article may be subject to disciplinary action, including
termination. The City will not engage in a ny lo ck out or concerted activities during
the term of this Agreement.
B. Association's Commitment to City. The Association recognizes the duty and
obliga tions of its representatives to comply with the provisions of this Agreement
and to make every effort toward inducing all unit members to do so. In the event of
a strike, work stoppage, slow-down, or sick-in, by unit members w ho are
represented by the Association, the Association agrees in good faith to take all
necessary steps to attempt to cause those unit members to cease such action.
1.7 Non-Precedence. The waiver of any breach, term, or condition of this MOU by either party
shall not constitute a precedent in the future enforcement of all its terms and provisions.
ARTICLE 2: COMPENSATION. OVERTIME AND SCHEDULES
2.1 Salaries. Base rate of pay for Association members shall be the amounts reflected in
Appendix "A". This base rate reflects a 2.5% increase effective with the pay period
containing July 1, 2016. Effective with the pay period containing July 1, 2017 the base rate
of pay shall be increased by 2.0%.
With the exception of merit increases, and as otherwise agreed upon in this Agreement,
employees shall be ineligible for increases to base salary during the term of the MOU.
2.2 Workweek and Work Schedules.
A. In General. Department Heads have the discretion to assign employees to work any
one of the following three schedules. Except in the case of a n emergency,
Department Heads must provide employees with a t least 30 days' notice before
changing an employee's work schedule. If the needs of the City require that a
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position be assigned to work a different work schedule or have a diffe rent
workweek than the three set forth in this Section, the City Manager, in consultation
with the Department Head, may designate the work schedule and workweek for
employees in that position in writing.
(1) 4/10 Work Schedule and Workweek.
(a) The City Council has adopted a 4/10 work schedule for most
employees in which employees work Monday through Thursday, 7:30
a.m. to 6:00 p.m. with Fridays off. Alternatively, some employees will
work Tuesday through Friday, 7:30 a.m. to 6:00 p.m. with Mondays
off. At the direction of the City Manager, some employees may be
required to work a different schedule due to the requirements of their
job classifications or department respons ibilities. Any such variation
to the standard 4/10 work schedule must be memorialized in writing.
(b) The workweek for employees on the 4/10 work schedul e shall be
seven consecutive da ys, starting at 12:01 a.m. on Monday and ending
at midnight on the following Sunday. Time worked by non-exempt
employees in excess of 40 hours in a workweek shall constitute
overtime.
(2) 9/80 Work Schedule and Workweek.
(a) Employees who are assigned to work a 9/80 work schedule will work
Monday through Thursday, 7:30 a.m. to 5:00 p.m. Employees will
work from 7:30a.m. to 4:00 p.m. on every other Friday, and will take
the other Friday off. At the direction of the City Manager, some
employees may be required to work a different schedule due to the
requirements of their job classifications or department
responsibilities. Any such variation to the standard 9/80 work
schedule must be memorialized in writing.
(b) The workweek for employees on the 9/80 work schedule shall start
Friday at 12:00 p.m., and end the following Friday at 11:59 a.m.
(3) Standard Work Schedule and Workweek.
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(a) Employees w ho are assigned to work a standard work schedule will
work Monday through Friday, 8:00 a.m. to 5:00 p.m. At the direction
of the City Manager, some employees may be required to work a
different schedule due to the requirements of their job classifications
or department responsibilities. Any such variation to the standard
work schedule must be memorialized in writing.
(b) The workweek for employees on the standard work schedule shall be
seven consecutive ,days, starting at 12:01 a.m. on Monday and ending
City of Temple City I Temple City Employee Association MOU
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at midnight on the following Sunday. Time worked by non-exempt
employees in excess of 40 hours in a workweek shall constitute
overtime.
2.3 Compensatory Time Off. Compensatory time off, like overtime, is earned at time and one
half for each hour worked in excess of 40 hours in a workweek by a non-exempt employee.
Accumulation of compensatory time shall be limited to a maximum of 60 hours. Employees
who request to use compensatory time off shall be permitted to use the compensatory time
within a reasonable period after making the request if the use of compensatory time does
not unduly disrupt the operations of the City as determined by the Department Head.
Employees who have reached the maximum of 60 hours shall be paid overtime
compensation fo r any additional overtime hours worked.
2.4 Standby and Call Back Policy and Procedures
A. Standby List
(1) A standby list shall be prepared by the Administrative Services Director
s howing all the employees who can b e assigned to standby duty. The
following positions will be eligible for Standby: Maintenance Lead Worker,
Maintenance Worker, Park Maintenance Lead Worker, Park Maintenance
Worker, Lead Tree Trimmer, and Tree Trimmer. Standby is on a volunteer
basis. To be eligible for Standby, an e mployee must have regular
employme nt status with the City. Further, the employee must be able to
return to the worksite within 1 hour.
(2) Eligibility/Removal
(a) The Department Directors shall determine in his/her discretion,
which employees are eligible to be assigned to standby duty, w ith
input fro m the Lead Workers.
(b) The Department Directors may remove employees from the standby
li st if the employee is no longer available or qualified (i.e., medical
condition that would keep the e mployee from performing their
required duties; loss of required certification, etc.) to be assigned to
standby duty or upon the request of the employee.
(3) Employees listed on the standby list will rotate standby duty on a weekly
basis, beginning on Tuesday a t 6:00am and ending the following Tuesday at
5:59am.
(4) Assignment, distribution, and rotation of standby duty will be made equally
among the employees who have been previously qualified for standby duty.
(5) An employee wishing to exchange standby duty weeks is responsible fo r
obtaining coverage for th e week that standby duty is assigned and requesting
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approval in advance of the start of the standby week. Except in the case of
illness or other circumstance in which an employee cannot finish his/her
assigned duty, any change or substitution to the standby list must be made
for an entire week of standby.
(a) In case of illness or other circumstance in which an employee cannot
finish his/her assigned duty, the employee on standby duty shall
contact their Lead Worker or Supervisor and the next person who is
on the Standby rotation, who has the responsibility to provide
coverage for the standby duty. If that next person on standby is not
able to provide coverage, he/she needs to notify the Lead Worker or
Supervisor and it is the Lead Worker's or Supervisor's responsibility
to appoint an employee on the approved standby list to be on standby.
All employees on standby will have access to contact information for
all employees on the standby lists.
(b) In the case of illness or other circumstance in which the employee
cannot finish his/her assigned duty, another employee can be
substituted in and will receive a prorated amount of standby
compensation for the portion of the week the employee was on
standby. Likewise, the employee who was unable to complete the
entire week of standby will also have his/her standby compensation
prorated.
B. Standby Premium Pay
(1) Standby premium pay is set at $125/week. Standby Pay/Time is not to be
construed as hours worked.
C. Standby Duties
(1) Employees assigned to standby duty shall be provided with a City-issued
s tandby telephone, and the employee is expected to keep the standby
telephone charged and with him/her at all times during standby duty. The
employee on standby will also be provided with a full set of keys to all City
facilities. The standby telephone and keys will be transferred every Tuesday
morning from the employee leaving standby duty to the employee beginning
s tandby duty.
(2) An employee assigned standby duty shall be free to utilize his/her time as
desired, but must refrain from activities which might impair the employee's
ability to perform assigned duties, including. but not limited to, drinking
alcohol.
(3) If the person initiating the standby call gets the voice mail of the employee on
standby, the employee on standby shall provide a telephone response back to
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the person initiating the standby call within five minutes of the initial call to
the employee.
( 4) Answering telephone calls and responding to phone inquiries is considered
part of the standby assignment and is compensated within the standby
premium pay.
(5) Employees on s ta ndby are called upon to use their professional judgment
and di scretion as to whether the situation can wait to be addressed during
regular work hours, refe rred to another authority or agency, and/or requires
that an employee be called back to work.
(a) If the employee on s tandby duty is qualified to respond to the
situation on his/her own, the employee is required to do so. Only if
the employee on standby cannot remedy the situation is it acceptable
for the employee to contact another employee to be called back to
duty to respond to the situation.
(b) The standby employee responding to an incident may call or email
their Lead Worker or Supervisor. The employees on standby are
called upon to use their professional judgment and discretion as to
when and in what manner they should contact their Lead Worker or
Supervisor.
(c) !fa Lead Worker takes a telephone call from the employee on
Standby, that Lead Worker will be entitled to compensation in 15
minute intervals. Only actual time worked by the Lead Worker will
count as hours worked for purposes of determining whether he/she is
entitled to overtime pay.
D. Call Back Pay
(1) Call Back List -All Association members will be s ubject to Call Back.
(2) When an employee is released from work following a normal shift, leaves the
work site, and is called to return to duty, the employee shall receive premium
time/pay that is equal to two hours of the employee's base hourly rate.
(a) When the employee is required to return to the work site, or w hen
travel is otherwise required, reasonable travel time to and from the
work site shall be included in determining total hours worked.
(3) An employee called back to work s hall record his/her actual time worked on
his/her timesheet. Only time actually worked shall be counted toward the
employee's total hours worked for purposes of determining whether the
employee is entitled to overtime. While the call back premium pay is
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calculated on the employee's hourly rate, it has no impact on the employee's
entitl ement to overtime.
( 4) If the employee works more than two hours during a call back, all time
worked after the fi rst two hours shall be pa id at the employee's base hourly
rate, or if any time worked exceeds 40 hours in a workweek, a t the
employee's overtime rate.
(5) An employee who is call ed back to work must report in City uniform and
with all proper safety clothing and equipment.
ARTICLE 3: LEAVES OF ABSENCE
3.1 Leaves of Absence. Employees will be provided leaves of absence, including, but not
limited to, sick leave, bereavement leave, a nd vacation, as set forth in Ar ticle 22 of the City's
Personnel Rules.
A. Vacation Accrual. Article 22, Section 5.A of the City's Personnel Rul es shall not apply
to Association members, and this section will be applied in its place.
Each fu ll -time employee shall begin accruing vacation leave immediately upon
employment and s hall accrue vacation leave according to the fo llowing rates:
Yea r of Service
1 through 5
6 through 10
11 through 15
16 years and more
Vacation Accrual
80 hours per year
120 hours per year
136 hours per year
160 hours
Full-time employees who are in a less than fu ll pay status shall earn vacation leave
on a prorated basis.
B. Cap on Accrual of Vacation. Art icle 22, Section 5.B of the City's Personnel Rules shall
not apply to Association members, and this section will be applied in its place.
Unused vacation time may be accumulated to a maximum of 320 hours per
employee at any one time. When the 320-hour vacation accrua l limit is reached, a n
employee will not accrue any additional vacation leave beyond 320 hours until his
or her vacation leave balance fa lls below 320 hours. The City Manager may approve
a higher accrua l on a n individual basis due to staffing requirements imposed by the
City that reasonably prevent use of vacation time.
3.2 Merit Leave Bank
A. Eligi bility. Each Association member who has completed at least one fu ll year in a
full-time Association position and receives a n overall rating of "Commendable" or
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"Exceptional" on his/her annual performance evaluation shall receive a bank of
merit leave in accordance with the schedule set forth in Section 3.2.8. of this MOU.
(1) Ba rgaining unit members will be evaluated according to Article 13 of the
Personnel Rules, usi ng the evaluation fo rm mutually agreed to by the City
and the Association.
B. Amount. On July 1 st of each year, eligible employees will receive a bank of merit
leave corresponding to the number of full years of full-time em ployment that they
have completed in an Association position as of that date, as fo llows:
Number of completed years of Amount of merit leave bank
full-time employment hours
1-5 years 10 hours
6-10 years 20 hours
11-15 years 30 hours
16-20 years 40 hours
21 years or more 50 hours
C. Use. Employees may use merit leave at any time between July 1 and June 30 of the
fiscal year in which it is received, with a dvance written approval from their
Department Director.
D. Cash-Out of Unused Merit Leave.
(1) On June 30 of each year, the City will automatically cash out a ny unused
m erit leave hours a t the employee's current base hourly rate.
(2) Employees w ho separate from City employme nt prior to June 30 will receive
co mpensation at their base hourly rate for a ny unused me ri t leave hours.
ARTICLE 4: HOLIDAYS
4.1 Holidays. With the exception of Section l.A of Article 23 of the City's Personnel Rules,
which shall be inapplicable to employees covered by this Agreement, the provisions of
Articl e 23 of the City's Personnel Rul es establishes the procedures for holidays. The
following holidays s hall be observed:
HQLIDAY
New Year's Day
Martin Luther Kin g, Jr. Day
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3rd Monday in January
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Presidents' Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Veterans' Day November 11th
Thanksgiving Day 4th Thursday in November
Day After Thanksgiving 4th Friday in November
Christmas Eve December 24th(half day)
Christmas Day December 25th
ARTICLE 5: HEALTH BENEFITS
5.1 Summary of Benefits. The City offers employees and retirees certain health benefi ts.
Information provided here is a summary of the benefits that are fu lly set forth in the City's
contract with CaiPERS, in the plan documents with insurance providers, and in previously
adopted resolutions of the Temple City City Council, and in the case of a conflict between
this summary and those documents, the those documents will control.
5.2 Employee Medical Insurance. Each Association member will be provided with medical
insurance coverage through the CaiPERS system as pursuant to the Public Employees'
Medical and Hospita l Care Act ("PEMHCA"). A variety of plan options are available to
employees to select. In accordance with Resolution No. 78-1747, the City w ill contribute
100% of the cost of the employee's coverage and 50% of the cost of the employee's
dependents. Employees will pay any excess premium cost through a payroll deduction.
5.3 Dental Insurance. Each Association member will be provided with dental insurance
through their choice of dental insurance plans selected by the City. The City will contribute
100% of the cost of the employee's coverage and, as of the effective date of this Agreement,
75% of the cost of the employee's dependents. Employees will pay any excess premium
cost through a payroll deduction.
5.4 Vision Insurance. Each Association member will be provided w ith VISIOn insurance
through their choice of vision insurance plans selected by the City. The City will contribute
100% of the cost of the employee's coverage, not including dependents. Employees will
pay any excess premium cost through a payroll deduction.
5.5 Employee Opt Out. Employees who opt out of medical, coverage provided by the City are
required to show proof of other medical, insurance coverage. Upon such a showing, the
City will provide the employee with an "opt-out" stipend of$600.00/month in lieu ofhealth
insu rance coverage. The monthly "opt-out" is subject to all applicable state and federal
withholdings and deductions. Employees electing to opt out of health insurance coverage
are required to provide proof of other health insurance coverage during the City's open
enrollment period each year.
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5.6 Optional Benefit.
A. This Section 5.6 s hall exclusively govern the terms for City's provision of optional
benefits to Association members. No other City resolution or policy regarding
optional benefits shall apply to Association members.
B. The City w ill provide an optional benefit to employees in an amount of up to
$822.00/year.
(1) Employees who were hired into Association positions before July 1, 2016 will
receive a fu ll amount of $822.00/year, which employees may apply towards
qualifying benefits, such as health insurance premiums on a pre-tax basis.
(2) Employees who are hired into Association positions on or after July 1, 2016
may receive up to $822.00/year, for the sole purpose of payment of health
insurance premiums.
C. Effective with the pay period containing July 1, 2016, the City will provide up to an
additional $822.00/year to employees, for the sole purpose of payment of any
additional health insurance premiums in excess of t he $822.00/year provided under
Section 5.6.B. of this MOU.
(1) For 2016 only, employees w ho receive an additional optional benefit
payment under this Section 5.6.C. cannot apply any of the additional benefit
amount towards premium expenses incurred prior to July 1, 2016.
D. The maximum optional benefit payment for an employee shall not exceed
$1,644.00/year.
5.7 Retiree Health Insurance.
A. Medical Insur ance. The City provides retirement health benefits through CaiPERS
pursuant to the Public Employees' Medical and Hospital Care Act ("PEMHCA"). In
accordance with Resolution No. 78-1747, the City contributes 100% of the cost of
the eligible retiree's coverage and SO% of the cost of the dependent coverage. The
retiree is responsible for paying any excess premium costs.
(1) Adoption of Second Tier Vesting Schedule. The Association agrees that
employees hired after the effective date of this contract and after the
effective date of the adoption of necessary CaiPERS resolutions, will be
subject to the employer contribution vesting schedule set forth in
Government Code Section 22893 as it may be adopted during the term of this
MOU. Adoption of the vesting schedule is subject to resolution by the City
Council and shall be effective pursuant to the CalPERS board regulations.
The vesting schedule sha ll apply to employees who retire for service and are
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first employed after its effective date. The City w ill contribute the percentage
required by the CalPERS vesting schedule. The retiree will pay any excess
premium cost.
B. Dental Insurance. In accordance with Resolution No. 00-3822, the City will
contribute 100% of the cost of the retiree's coverage, not including dependents. The
retiree will pay a ny excess premium cost directly to the City, upon receipt of a bill
from the City.
C. Vision Insurance. In accordance with Resolution No. 00-3822, the City will
contribute 100% of the cost of the retiree's coverage, not including dependents. The
retiree will pay any excess premium cost directly to the City, upon receipt of a bill
from the City.
ARTICLE 6: RETIREMENT
6.1 Summary of Benefits. The City offe rs a defined re ti rement benefit plan through the
California Public Employees' Retirement System (CalPERS). An employee may be eligible
for one of two benefit tiers pursuant to the City's contract with CalP ERS. Information
provided here is a summary of the benefits that are full y set forth in the City's contract with
CalPERS, and in the case of a conflict, the contract with CalPERS will control.
6.2 Tier 1 -Classic Members of CalP ERS.
A Application. This section shall apply to Association members who are or become
members of CalPERS and who are not "new members" as defined by Government
Code Section 7522.04(f) and related CalPE RS membership requirements.
B. Pension Formula. The Ca lPERS 2.5% at 55 pension formula s hall be available to all
employees covered by this section.
C. Final Co mpensation Based On Single Highest Year. For purposes of determining a
retirement benefit, final compensation for employees covered by this section shall
be based on the employee's highest average annual pensionable compensation
earned during a period of 12 consecutive months.
D. Elimination of Employer Paid Member Contribution. Effective with the pay period
contai ning july 1, 2016, the City has el iminated payment of the 1.0% employee
contribution established by CalPERS for those Associ ation members w ho had been
previously been eligible to receive it. Accordingly, no Association members will
receive employer paid member contributions ("EPMC") in any amount, and each
Association member is responsible for all of his or her own normal employee-
member contributions, currently at 8%.
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6.3 New Members of Ca iP ERS.
A. Application. In accordan ce with the definition of "new member" set forth by
Government Code Section 752 2.04 and related CaiPERS membership requirements,
this section sha ll apply to any of the fo ll owing:
(1) An Association member who becomes a member of CaiPERS for the first time
on or after January 1, 2013 and who was not a member of any other public
retirement system prior to tha t date.
(2) An Association member w ho becomes a member of CaiPERS for the first time
on or after January 1, 2013, and who was a member of another publi c
retirement system prior to that date, but w ho was not subject to reciprocity
under Government Code Section 7522.02(c) and related CalPERS reciprocity
requirements.
(3) An Association member, who was an active member in CaiPERS with another
employer and who, after a b reak in service of more than six months, returns
to active membershi p in CalPERS with the City.
B. Pension Formula. The 2% at 62 pension formula shall be available to all employees
covered by this section.
C. Final Compensation Based on Three Year Average. For purposes of determining a
retirement benefit, fina l compensation for employees covered by this section shall
be based on the employee's highest average annual pensionable compensation
during a period of at least 36 co nsecutive mon ths.
D. Reguired Employee Contribution. Members covered by this section will contribute
the employee member contribution amount established by CalPERS for the 2% at 62
pension fo rmula, currently 6.25%.
ARTICLE 7: MISCELLANEOUS BENEFITS
7.1 Education Reimbursement Program. The City's Education Reimbursement Program is set
fo rth in Administrative Policy 4.12. However, Association members will be entitled to
reimbursement under that poli cy if the employee completes the course with a "C" or higher,
or with a pass grade in a course taken on a pass/fa il basis.
7.2 Bilingual Pay.
A. Eligibility. Employees who are certified as bilingual by the City in accordance with
these provisions and who designated to provide bilingual services as required shall
receive bilingual pay. A Department Head can require that an employee seek
certification to provide bil ingual services when the needs of the City necessitate
translation fo r the public. An employee may also request to become bilingual
certified by submitting a verbal or written request to the Administrative Services
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Director. Only employees who have advance approval from the Administrative
Services Director may seek to become bilingual certified and eligible for bilingual
pay. Only employees who have become bilingual certified and are eligible for
bilingual pay may be required to provide translation services.
B. Certification.
(1) The City will offer certification for bilingual pay for only the following
languages: Spanish, Mandarin, Cantonese, and Vietnamese.
(2) Effective March 1, 2015, the certification process will be administered
through a bilingual examination conducted by the Los Angeles Unified School
District (LAUSD). Employees wishing to be certified as bilingual must make a
request to the City's Administrative Services Director. Upon such r equest,
the Administrative Services Director will evaluate the need for bilingual
services, and if the City determines that such services are needed, the
Administrative Services Department will schedule a telephone and/or in-
person bilingual examination with a LAUSD representative and the
employee. The Administrative Services Department will administer
requested bilingual examinations as soon as practicable, but on no less than a
quarterly basis.
(3) The bilingual examination will be scored by LAUSD on a passjfail basis.
Examination scores are final and non-appealable. Employees who fail the
examination, or who fail to appear for a scheduled examination, may not take
another bilingual examination in the same language for a minimum of six
months following the failed or missed examination. Employees who pass the
examination will be certified as bilingual by the City. Employees who are
certified as bilingual by the City are not required to be re-tested. New
employees will be notified of the bilingual pay program during orientation.
C. Amount. An eligible employee certified as bilingual by the City and who provides
bilingual services as required shall be paid $100.00 per month, in addition to
his/her base rate of pay, beginning on the first pay period after certification.
Employees certified by the City as bilingual in two or more languages sha ll not
receive more than $100.00 per month.
D. Workload Concerns. Any employee certified as bilingual who is concerned that the
providing of bilingual translation services is impacting his/her ability to complete
assigned work, should address those concerns with his/her immediate supervisor,
Department Head, or Administrative Services Director.
7.3 Education Incentive Pay.
A. Eligibility. Association members who are not required to possess a Bachelor's or
Master's degree or doctorate. as a minimum qualification for their position yet have
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earned a Bachelor's or Master's degree or doctorate all of the criteria set forth
herein are eligible to receive education incentive pay under this Section.
B. Criteria.
(1) The degree must be issued by a co ll ege or university that has been accredited
by the Accrediting Commission for Senior Colleges and Universities for the
Western Association of Schools and Colleges or by another regional
accrediting body recognized by the United States Department of Education;
(2) The degree must be in a field that the Administrative Services Director
determines is reasonably related to the employee's current duties or
otherwise enhances the employee's City service;
(3) The employee must provide an official transcript to Administrative Services
documenting the type of degree received and the date of receipt.
C. Amount. Starting with the first ful l pay period fo llowing the Administrative Services
Director's determination that the employee has satisfied all of the criteria in Section
7.3.B., employees shall receive education incentive pay, as follows:
(1) For employees in positions for w hi ch neither a Bachelor's degree nor a
higher degree is a minimum qualification:
(a) A stipend equal to 2% of base pay for a Bachelor's degree.
(b) A stipend equal to 4% of base pay for a Master's degree or higher.
(2) For employees in positions for which a Bachelor's degree is a minimum
qualification:
(a) A stipend equal to 2% of base pay for a Master's degree.
(b) A stipend equal to 4% of base pay for a doctorate.
(3) No employee shall receive a stipend amount greater than 4% of base pay
regardless of the number or types of degrees or doctorates possessed.
ARTICLE 8: ASSOCIATION OPERATIONS
8.1 Stewards. The Association may designate up to three persons to act as stewards. The
names of the designated stewards shall be provided in writing to the City on July 1st of
each year, or any time there is change in the designated stewards.
8.2 Submission of Current Information. The Association acknowledges that it is required to
notify the City in writing within 30 days when there has been a change in any of the
information that was submitted by the Association with its Recognition Petition, as set
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forth in Article Ill, Section 11 of Resolution No. 95-3430. The Association will provide such
updates to the City.
8.3 Re lease Time for Association Board Members. Association board members shall be entitled
to take up to four hours of Association business each month. Prior to participating in such
business, the board member shall first obtain authorization from his/her immediate
supervisor. The immediate supervisor may deny such request if it is deemed that such a
request would unduly interfere with the efficiency, safety, or security of City operations. If
the request is denied, the immediate supervisor shall establish an alternate time
convenient to the parties whe n the board membe r can be released from his/her work
assignment.
8.4 Agency Shop. The parties entered into an agency s hop agreement which was approved by
the Temple City City Council on July 1, 2014, the substances of which is also set forth below.
A. Authority. The City of Temple City (City) and Temple City Employees' Association
(Association) mutually understand a nd agree that all employees in City positions in
the bargaining unit represented by the Association have the right to join or not join
the Association. However, the e nactment of a local "Agency Shop" arrangement
requires that as a condition of continuing employment, employees in the affected
bargaining unit must join the Association, pay to the Association a service fee in lieu
thereof, or establish a religious exemption therefrom. Such service fee shall be
established by the Association, and shall not exceed the standard initiation fee,
periodic dues and general assessments of t he Association.
B. Association Du es/Service Fees.
(1) Following adoption of this Agreement by the City Council for the City of
Temple City (City Council), the Association shall provide written notice to the
City of the monetary amounts established for Association membership dues
and for service fees.
(2) Effective with the first day of the first pay period following adoption of this
Agreement by th e Temple City Council, the Administrative Services
Department shall provide all non-members in positions represented by the
Associa tion, and a ny employees hired into the Association's represented
positions thereafter, with an a uthorization notice advisi ng them of the
following information: (1) an Agency Shop arrangement for the Association
has been enacted pursuant to state law and (2) all employees subject to the
Agency Shop arrangement must either join the Association and pay dues to
the Association, refrain from joining the Association and pay a service fee t o
the Association, or execute a written declaration claiming a religious
exemption from this requirement, in accordance with the provisions of
Section 3 of this Agreement. Such notice shall include a fo rm for the
employee's signature authorizing a payroll deduction of Association dues, a
service fee, or a charitable contribution equal to the service fee. Employees
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shall have 14 calendar days from the date they receive the form to fully
execute it and return it to the Administrative Services Department.
(3) If the employee completes the form properly, authorizes the deduction of
Association dues or the service fee, and returns the form within the 14-day
period, the City shall begin the applicable deduction of Association dues or
the service fee no later than the beginning of the first pay period
commencing after receipt of the authorization form by the Administrative
Services Department. If the form is not completed properly and/or not
returned within the stated time period, the City s hall begin the deduction of
the service fee no later than the begin ning of the fi rst pay period
commencing after the expiration of the 14-day time period. If the
authorization form is properly completed claiming the religious exemption
and returned during the stated period, the procedure provided in Section 3 of
this Agreement shall be followed.
( 4) No deduction of dues or service fees shall be made during a ny pay period in
which an employee's earnings, after all other deductions are made, are
insufficient to cover the full amount of the dues or service fee.
(a) When an employee is in a non-pay status for an entire pay period, no
deduction will be made to cover the pay period from future earnings.
(b) In the case of an employee who is in a non-pay status during less than
an entire pay period and whose earnings, after a ll other deductions
are made, are insufficient to cover the fu ll amount of the dues or
service fee, no deduction shall be made from future earnings to cover
the pay period.
(5) The Association shall provide w r itten notice to the City at least 14 calendar
days before a change in the amount of dues or service fee will take effect and
identify the changed amounts.
C. Religious Exemption.
(1) Any employee who is a member of a bona fide religion, body or sect that has
historically held conscientious objections to joining or financially supporting
public employee organizations may request exemption from payme nt of
membership dues or a service fee as a condition of employment. To request
exemption, the employee must s ubmit a signed decl aration affi rming
membership in s uch religion, body, or sect, along with any supporting
documentation in the form of a letter signed by a representative of the
religious organization, body or sect, to the Administrative Services
Department.
(2) Written declarations, applications for religious exemption and any
supporting documentation must be submitted to the Administrative Services
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Department. Within 14 calendar days of receipt of any such written request
for religious exemption, the City shall forward a copy of the request and any
supporting documentation to the Association for review, after which the
Association shall issue a written determination within 14 calendar days,
accepting or rejecting the request for religious exemption.
(3) If a n exemption is approved, the employee will be required, in lieu of a
service fee, to pay sums equal to the service fee to a non-religious, non-labor
charitable fund exempt from taxation under Section 501(c)(3) of the Internal
Revenue Code, as chosen and designated by the Association. The three
charitable funds designated by the Association are: Kiwanis; Camellia Trust
Fund; and Senior Lunch Program (via YWCA).
(4) No later than the first pay period after receipt of a request for religious
exemption, the City shall, one time only, deduct the charitable contribution
from the employee's earnings. The charitable deduction shall be held in
escrow pending the City's receipt of the Association's written determination
under Section 3(b).
(a) Upon receipt of the Association's written approval of the request for
religious exemption and upon receipt of the employee's written
identification of an appropriate charity, the City shall remit the
escrowed amount to the designated charity.
(i) In the event that the employee's earnings, after all other
deductions are made, are insufficient to cover the full amount
of the required remittance, the provisions of Section 2(d) of
this Agreement shall apply.
(ii) The Association shall provide written notice to members who
receive an approved religious exemption at least 30 days
before an increase in service fees and associated required
amount of charitable remittance takes effect.
(b) Upon receipt of the Association's written denial of the religious
exemption by the Association, the City shall convert the charitable
contribution deduction to a service fee deduction and remit the
escrowed amount to the Association as service fees. Thereafter, the
City will follow the provisions set forth in this Agreement applicable
to deduction of service fees.
D. Rescission. The agency shop arrangement set forth in this Agreement may be
rescinded by a majority vote of the employees in positions in the bargaining unit
represented by the Association, provided that:
(1) A request for such a vote is supported by a petition containing the signatures
of at least 30% of the employees in the bargaining unit;
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(2) The vote is co nducted by secret ballot;
(3) The vote may be taken at any time during the term of the memorandum of
understanding, but in no event shall there be more than one rescission vote
taken during that term. Notwithstanding the above, the City and the
Association may negotiate, and by mutual agreement provide for, an
alternative procedure or procedures regarding a rescission vote on an
agency shop arrangement.
E. Records. The Association shall keep an adequate itemized record of its financial
transactions and shall make avail able annually upon request, to the City, and to the
employees who are members of the organ ization, within 60 days after the end of its
fiscal year, a detailed written fin ancial report thereof in the form of a balance sheet
and an operating statement, certified as to accuracy by its president and treasurer
or corresponding principal officer, or by a certified public accountant.
F. Indemnification. The Association shall indemnify, defend, and hold the City
harmless against a ny li ability arising in any forum, whether judicial, administrative,
or otherwise, from any cl aims, demands, or other action relating to the City's
co mpliance with any obligations imposed under this Agreement including but not
limited to, deduction of membership dues, agency fees, and charitable donations;
religious exemption from payment of agency fe es; and the Association's use of
monies collected under these provisions. The City reserves the right to select and
direct legal counsel in the case of a ny chall enge in any forum relating to the City's
compliance with this Agreement, and the Association agrees to pay any attorney,
arbitrator or court fees related thereto, as well as reasonable cost of preparation
time by City management.
8.5 Use of City Facilities.
A. The Association shall be allowed the use of areas normally used for meeting
purposes for m eetings of Association me mbers when:
(1) Such space is available;
(2) There is no additional cost to the City (with the exception of incidental costs
such as those for heat and li ght);
(3) It does not interfere with normal, safe, efficient or secure City operations;
(4) Employees in attendance are either not scheduled for duty or are on duty and
leave the meeting promptly w hen duty calls; and
(5) The meeting is for the purpose of a n Association Board meeting, member
representation, or fo r a General Membership meeting, except as prohibited
below.
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B. The Association may use City facilities for purposes of conducting a n Association
Board meeting as reasonably necessary. Association Board meetings conducted a t
City faci lities shall be concluded as expeditiously as reasonably possible without
interfering with normal duties.
C. The Association may use City facilities for purposes of conducting a General
Membership meeting as needed and will be reserved as any other City or Public
Organization would have to do. General Membership meetings conducted at City
facilities shall be reserved and concluded in the time reserved for the meeting.
D. The use of City equipment and/or suppli es (other than items normally used in the
conduct of business meetings, such as desks, chairs, blackboards and
projection/sound equipment) is prohibited, even though such equipment and/or
supplies may be present in the meeting area.
E. The Association shall maintain proper order during any meeting held at a City
facility a nd ensure that the space is left in a clean and orderly condition. The City
reserves th e right to revoke permission to use City faci lities for meetings if the
Association fails to maintain order during a meeting or if facilities are not left in a
clean and orderly condition.
8.6 Bulletin Boards:
A The Association shall have access to City bulletin boards located in those buildings
in w hich bargaining unit members are assigned to work for the purpose of posting
the following types of notices (these are examples only and not intended to be a
complet e list):
(1) Notice of recreational and social affairs sponsored by the Association;
(2) Notice of Association meetings;
(3) Notice of Association elections;
( 4) Reports from Association committees;
(5) Ru li ngs on Association policies; and
(6) Association newsletters.
B. All posted material must be legibly signed or initialed and dated by the Association's
President or designated representative. No notice or announcement which contains
defamatory statements about the City, including any City Department, any City
official, or any City employee(s) shall be posted on City bulletin boards. Any
violation of this section shall entitle the City to immediately cancel the provisions of
this section and revoke the Association's privilege to use bulletin boards pursuant to
this section. In the event non-authorized material is posted, it shall be promptly
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City of Temple City 1 Temple City Employee Association MOU
Page 20 of25
removed by the Association or its representative on notification by the Department.
The City reserves the right to remove material that contains defamatory statements
before providing notification to the Association; if such action is taken the City shall
notify the Association as soon as possible.
8.7 Electronic Mail (E-Mail) and Computer Usage. The Association recognizes that the City's
Administrative Policy No. 3.01 regulates the use of, and that the City has the right to access
and inspect City computers, including but not limited to viewing any messages sent or
received through the City's e-mail system or any temporary or permanent files stored on
the City's electronic systems and/or equipment. The Association and Association members
are reminded that communications sent via the City's e-mail system or documents
maintained on any City-provided electronic storage or devices are not confidential and can
be viewed by the City.
The City and the Association agree that the Association may be permitted to use City e-mail
for the purposes described in this section. Notices which may be sent through the City's e-
mail system are limited to those types of notices w h ich may be posted on bulletin boards,
as described in section 8.6, above. No notice or announcement which contains defamatory
statements about the City, including any City Department, any City official, or any City
employee(s) shall be sent through the City's e-mail system. The City reserves the right to
refuse to allow notices to be sent through the City's e-mail system that interfere with the
Department's operational needs, w orkfl ow, or mission.
Any violation of this section shall entitle the City to immediately cancel the provisions of
this section and revoke the Association's privilege to use the City's e-mail system pursuant
to this section. It is expected that once the Association Board is aware of any such
violations, they would be afforded the opportunity to rectify the situation.
ARTICLE 9: JOINT LABOR-MANAGEMENT COMMITTEE ("JLMC") MEETINGS
9.1 Standing JLMC: The City and the Association agree to maintain a standing JLMC that will be
made up of representatives of the Association and the City. This standing JLMC shall meet
quarterly, and may meet more frequently, if both parties agree.
The meeting schedule will be set in advance and the dates agreed to by both sides. Any
agenda items from t he City or Association w ill be submitted to the Ad ministrative Services
Director not less than one week prior to the scheduled meeting, and an agenda will be
distributed to all parties prior to the meeting. Failure to provide agenda items in advance
may result in the refusal to include that item in the standing JLMC discussion.
Up to four Association members plus a CEA representative will participate on behalf of the
Association. Up to four City representatives plus a legal representative will participate on
behalf of the City. Each party may bring additional employees or experts as needed for
relevant subject matter. Prior notification to the other side shall be provided, and failure to
provide advance notification may result in the additional employee or expert being
excluded from the meeting. Any meeting cancellations should be made known to the other
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party at least 24 hours in advance of schedule d meetings or as soon as possible.
9.2 Unique Skills: The City and the Association agree to establish a JLMC for t he purpose of
discussing whether, and subject to what criteria and in what amount the City might provide
a "unique s kills bonus" for Association members. Either party may request to commence
this JLMC. If necessary, the parties agree to a reopener to discuss and implement the
results of the JLMC. The reopener will be limited to the minimum amount of the contract
necessary to effectuate any such results.
ARTICLE 10: COMPLETION OF NEGOTIATIONS
10.1 Complete Understanding. The terms and conditions set forth in this MOU represent the full
a nd complete understanding between the parties. This MOU terminates a nd supersedes
those past practices, procedures, understandings, traditions, agreements, or rules and
regulations inconsistent with any matters covered in this MOU.
10.2 Modification. Except as expressly provided in this Agreement the terms and conditions in
this MOU may be altered, changed, added to, deleted, or modified, only through the
volu ntary mutual consent of the parties in a written agreement, executed by both parties
and, if required, a pproved by the City Council.
10.3 Waiver. Except as expressly provided in this Agreement, the parties agree that, during the
term of this MOU, neither party shall be required to meet and negotiate with regard to any
subject within the scope of bargaining, whether or not referred to or covered in this MOU.
Nothing shall prevent the parties from mutually agreeing to negotiate on any topic.
10.4 Revisions to Resolution No . 95-3430. The parties agr ee to consult in good faith over any
proposed changes to Resolution No. 95-3430, in accordance with Government Code section
3507.
ARTICLE 11: SEVERABILITY AND SAVINGS
This MOU is subject to all current and future applicable federal, state and local laws, regulations
and the Temple City Charter. Provided, however, no local law which is enacted in contravention of
the provisions of the Meyers-Milias-Brown Act ("MMBA") s hall affect the provisions of this MOU.
11.1 Savings. Should any article, section, paragra ph or provision of this Agreement be decl ared
or adjudicated unlawful, void, inoperative, or unenforceable by a court of competent
jurisdiction, all remaining articles, sections, paragraphs, and provisions shall remain in fu ll
force and effect, to the extent permitted by law. As soon as both parties become aware of
the decision, t hey shall meet to discuss the impact of the decision on the contract. Unless
mutually agreed otherwise, the parties agree to meet and confer within 30 days fo r the
purpose of agreeing to a mutually satisfactory replacement provision.
11.2 Statutory Changes. In the event of statutory or regulatory changes that affect the terms and
conditions of this Agreement, the parti es agree, upon the request of either party, to meet
and negotiate the subjects of the statutory or regulatory changes.
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ARTICLE 12: COMMENCEMENT OF NEGOTIATIONS FOR A SUCCESSOR MOU
Either party shall serve upon the other party its written demand to commence negotiations for a
successor MOU. Negotiations shall commence by January 30, 2018, unless the parties mutually
agree otherwise. If the demand is served after Ja nuary 30, 2018, then the parties will co mmence
negotiations on a mutually agreed time and date.
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City of Temple City 1 Temple City Employee Association MOU
Page 23 of25
IN WITNESS WHEREOF, the PARTIES have executed this MOU as of the latter
date written below.
THE CITY OF TEMPLE CITY:
Vincent Yu, Mayor
Bryan Cook, City Manager
Tracey Hause, Administrative Services Director
TEMPLE CITY EMPLOYEE ASSOCIATIO N: v=r:? c=-Q__
APPROVED AS TO FORM:
Katy A. Suttorp, Burke, William s & Sorensen, LLP
Mary LaPlante, City Employees Associates
IRV #4831-6922-7825 v4
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Date
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Date
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City of Temple City I Temple City Employee Association MOU
Page 24of25
Attachment A
Salary Schedule
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Page 25 of 25
FULL TIME CLASSIFICATIONS
Accountant
Accounting Technician
Administrative Coordinator
Associate Planner
Building Inspector
Building/Housing Assistant
Community Preservation Officer
Community Services Specialist
Deputy City Clerk
Maintenance Worker
Maintenance Lead Worker
Management Analyst
Office Assistant I
Office Assistant II
Park Maintenance Lead Worker
Park Maintenance Worker
Parking Control Officer
Parks and Recreation Coordinator
Personnel Analyst
Secretary
Senior Community Preservation Officer
Tree Trimmer
Tree Trimmer Lead Worker
CITY OF TEMPLE CITY
TEMPLE CITY EMLPOYEES ASSOCIATION MONTHLY SALARY RANGES
FISCAL YEAR 2016-17
STEPS
1 2 3 4
$ 5,211 $ 5,419 $ 5,636 $ 5,861
$ 4,053 $ 4,215 $ 4,384 $ 4,559
$ 4,310 $ 4,482 $ 4,661 $ 4,848
$ 5,908 $ 6,144 $ 6,390 $ 6,645
$ 5,226 $ 5,435 $ 5,653 $ 5,879
$ 4,129 $ 4,294 $ 4,465 $ 4,644
$ 4,281 $ 4,452 $ 4,630 $ 4,815
$ 3,435 $ 3,573 s 3,716 $ 3,864
s 4,492 $ 4,672 $ 4,859 $ 5,053
s 3,609 $ 3,754 $ 3,904 $ 4,060
s 4,042 $ 4,204 s 4,372 $ 4,547
s 5,152 $ 5,358 s 5,572 s 5,795
s 3,249 s 3,378 s 3,514 s 3,654
$ 3,573 $ 3,716 s 3,865 $ 4,019
s 4,014 $ 4,174 $ 4,341 $ 4,515
$ 3,584 $ 3,727 s 3,876 s 4,031
s 3,798 s 3,950 $ 4,108 $ 4,272
$ 3,848 s 4,002 s 4,162 $ 4,328
s 5,011 s 5,212 $ 5,420 $ 5,637
s 3,955 $ 4,114 s 4,278 s 4,449
$ 4,794 $ 4,986 $ 5,186 $ 5,393
s 3,516 $ 3,657 $ 3,803 s 3,955
s 3,938 $ 4,096 $ 4,259 $ 4,430
Exhibit 1
5 6 7
$ 6,096 $ 6,340 $ 6,593
$ 4,741 $ 4,931 $ 5,128
$ 5,042 $ 5,244 $ 5,453
$ 6,911 $ 7,188 $ 7,475
$ 6,114 $ 6,358 $ 6,613
$ 4,830 $ 5,023 $ 5,224 s 5,008 $ 5,208 $ 5,416 s 4,019 s 4,180 s 4,347 s 5,255 $ 5,465 s 5,684
$ 4,222 s 4,391 s 4,567
$ 4,729 s 4,918 $ 5,114
$ 6,027 $ 6,268 s 6,518 s 3,800 $ 3,952 $ 4,110 s 4,180 $ 4,347 s 4,521 s 4,695 s 4,883 s 5,079
$ 4,192 $ 4,360 $ 4,535
$ 4,443 $ 4,621 $ 4,805 s 4,502 $ 4,682 s 4,869
s 5,862 $ 6,097 s 6,341
s 4,627 $ 4,812 s 5,005 s 5,609 $ 5,833 $ 6,066
s 4,114 $ 4,278 s 4,449
$ 4,607 s 4,791 s 4,983
FULL TIME CLASSIFICATIONS
Accountant
Accounting Technician
Administrative Coordinator
Associate Planner
Building Inspector
Building/Housing Assistant
Community Preservation Officer
Community Services Specialist
Deputy City Clerk
Maintenance Worker
Maintenance Lead Worker
Management Analyst
Office Assistant I
Office Assistant II
Park Maintenance Lead Worker
Park Maintenance Worker
Parking Control Officer
Parks and Recreation Coordinator
Personnel Analyst
Secretary
Senior Community Preservation Officer
Tree Trimmer
Tree Trimmer Lead Worker
l
CITY OF TEMPLE CITY
TEMPLE CITY EMLPOYEES ASSOCIATION MONTHLY SALARY RANGES
FISCAL YEAR 2017-18
STEPS
1 2 3 4
s 5,315 s 5,528 s 5,749 s 5,979
s 4,134 s 4,299 s 4,471 s 4,650
s 4,396 $ 4,572 s 4,755 s 4,945
s 6,026 s 6,267 $ 6,517 s 6,778
s 5,331 s 5,544 s 5,766 s 5,996
$ 4,211 $ 4,380 $ 4,555 s 4,737
$ 4,366 s 4,541 s 4,723 s 4,911
$ 3,504 $ 3,644 $ 3,790 s 3,941
$ 4,582 $ 4,765 $ 4,956 s 5,154
s 3,681 $ 3,829 $ 3,982 s 4,141
$ 4,123 s 4,288 $ 4,459 s 4,638
s 5,255 $ 5,465 $ 5,683 s 5,911
s 3,313 s 3,446 s 3,584 s 3,727
s 3,645 s 3,791 s 3,942 s 4,100
$ 4,094 $ 4,258 $ 4,428 $ 4,605
$ 3,655 $ 3,802 $ 3,954 $ 4,112
s 3,874 $ 4,029 $ 4,190 s 4,357
$ 3,925 s 4,082 $ 4,245 s 4,415
$ 5,111 $ 5,316 $ 5,529 s 5,750
s 4,035 s 4,196 s 4,364 s 4,538
s 4,890 s 5,086 s 5,289 s 5,501
$ 3,587 s 3,730 s 3,879 s 4,035
$ 4,017 s 4,178 s 4,345 s 4,518
Exh ibit 2
5 6 7
s 6,218 s 6,466 s 6,725
s 4,836 s 5,030 s 5,231
s 5,143 s 5,348 s 5,562
s 7,049 s 7,331 s 7,625
s 6,236 s 6,486 $ 6,745 s 4,926 s 5,123 $ 5,328
$ 5,108 s 5,312 $ 5,525
$ 4,099 s 4,263 $ 4,434
$ 5,360 $ 5,574 $ 5,797
$ 4,307 s 4,479 $ 4,658
$ 4,823 $ 5,016 $ 5,217
$ 6,147 s 6,393 $ 6,649
$ 3,876 s 4,031 $ 4,193
$ 4,264 $ 4,434 s 4,612
$ 4,789 s 4,981 s 5,180
$ 4,276 $ 4,447 $ 4,625
$ 4,532 $ 4,713 $ 4,902
s 4,592 s 4,775 $ 4,966 s 5,980 s 6,219 s 6,468
s 4,720 $ 4,909 s 5,105
s 5,721 $ 5,950 s 6,188
s 4,196 $ 4,364 s 4,538
s 4,699 $ 4,887 s 5,083