HomeMy Public PortalAbout2010.226 (10-19-10) RESOLUTION NO. 2010.226
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING
A COMPREHENSIVE MIEMORANDUM OF UNDERSTANDING (MOU) BETWEEN
THE CITY AND THE MANAGEMENT BARGAINING GROUP WHICH SETS FORTH
ALL WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT
WHEREAS, the current Memorandum of Understanding ("MOU") between the
City of Lynwood and the Lynwood Management Bargaining Group representing the
Lynwood Management Employee Unit expired on June 30, 2010; and
WHEREAS, collective bargaining was conducted in good faith between the City
and exclusively recognized employee organization representing the Management
Bargaining Unit in accordance with the provisions of the Myers-Milias Brown Act; and
WHEREAS, mutual agreement befinreen the finro parties has been reached.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1. The attached comprehensive MOU (Exhibit A), which includes all
agreed upon hours, wages, and other terms and conditions of employment and
supersedes any previous collective bargaining agreements between the City of
Lynwood and the Management Bargaining Group is adopted.
Section 2. The City Manager is authorized to amend any current policies and
procedures as necessary to reflect the provisions of the attached MOU.
Section 3. That the City Manager or his designee may carry out any
transactions that may be necessary as so ordered by this resolution.
Section 4. This Resolution shall become effective immediately upon its
adoption.
PASSED, APPROVED and ADOPTED this 19 day of October, 2010.
,
,- •-- _
,
��-��.� � �����,-.__�
Maria T. Santillan, Mayor
ATTEST:
r
Maria Quinonez, City Clerk Roger L. a ey, ity Manager
APPROVED AS TO FORM:
Fred Galante, City Attorney
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, city clerk of the City of Lynwood, do hereby certify that the
foregoing resolution was passed and adopted by the city council of the City of Lynwood
at a regular meeting held on the 19 day of October, 2010.
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO
AND SANTILLAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
�
Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City
Council of said City, do hereby certify that the above foregoing is a full, true and correct
copy of Resolution No. 2010.226 on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this 19 day of October,
2010.
�
Maria Quinonez, City Cler
COMPREHENSIVE
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF LYNWOOD AND
THE MANAGEMENT BARGAINING GROUP
July 1, 2010 — June 30, 2011
TABLE OF CONTENTS
ARTICLE I IMPLEMENTATION ............................... 1
ARTICLE II EMPLOYEE RECOGNITION .................. 2-4
ARTICLE III CITY RIGHTS ......................................... 5
ARTICLE IV STEP INCREASES ......................................... 6
ARTICLE V SALARIES/WAGES ......................................... 7
ARTICLE VI EXECUTIVE LEAVE ...................................... 8
ARTICLE VII BILINGUAL PAY ......................................... 9
ARTICLE VIII TOOL ALLOWANCE ............................. 10
ARTICLE IX UNIFORM/CLOTHING ALLOWANCE ..... 11
ARTICLE X MILEAGE REIMBURSEMENT ................. 12
ARTICLE XI EDUCATION INCENTIVE PAY ................. 13-14
ARTICLE XII LONGEVITY PROGRAM ............................. 15
ARTICLE XIII EMPLOYEES' INSURANCE COVERAGE .... 16-17
ARTICLE XIV SICK LEAVE POLICY ............................. 18-19
ARTICLE XV HOLIDAYS ...................................................... 20-21
ARTICLE XVI ACTING SUPERVISORY COMP . .................. 22
ARTICLE XVII RETIREMENT POLICY .............................. 23
ARTICLE XVIII LEAVE BENEFIT ACCRUAL RATES ...... 24
ARTICLE XIX NON-DISCRIMINATION .............................. 25
ARTICLE XX ANNUAL VACATION LEAVE .................. 26-27
�
ARTICLE XXI MILITARY LEAVE ............................................. 28
ARTICLE XXII FAMILY CARE AND MEDICAL LEAVE
POLICY........................................................29-35
ARTICLE XXIII HOURS OF WORK ............................................. 36
ARTICLE XXIV ATTENDANCE ............................................. 37
ARTICLE XXV GRIEVANCE/DISCIPLINARY APPEAL
PROCEDURE .................................. 38-40
ARTICLE XXVI BEREAVEMENT LEAVE ................................. 41
ARTICLE XXVII EMERGENCY LEAVE ................................. 42
ARTICLE XXVIII JURY DUTY ........................................................ 43
ARTICLE XXIX SERVICE DISABILITY ................................ 44
ARTICLE XXX NO STRIKE ....................................................... 45
ARTICLE XXXI FULL FAITH AND CREDIT CLAUSE ........ 46
ARTICLE XXXII SAVINGS CLAUSE ............................................ 47
ARTICLE XXXIiI AUTHORIZED AGENTS ................................ 48
ARTICLE XXXIV GENDER REFERENCES ................................ 49
ARTICLE XXXV LAYOFF ...................................................... 50-51
ARTICLE XXXVI LEAVE OF ABSENCE .............................. 52
ARTICLE XXXVII FULL UNDERSTANDING
MODIFICATIONS WAIVER .................... 53
ARTICLE XXXVIII RENEGOTIATION .......................................... 54
ARTICLE XXXIX TERM ............................................................... 55
��
ARTICLE I
IMPLEMENTATION
The wages, hours and other terms and conditions of employment that are set
forth in the Memorandum of Understanding ("MOU") have been discussed and
jointly proposed by and between the City of Lynwood ("City"), by and through the
City's Municipal Employee Relations Officer, and representatives of the Lynwood
Employees Management Group (hereinafter "Group") and shall apply to all
employees of the City working in the classifications as set forth herein. The
wages, hours and other terms and conditions of employment that are set forth in
this MOU have been discussed in good faith befinreen City and Group, and the
Municipal Employee Relations Officer agrees to recommend to the Lynwood City
Council that all of the wages, hours and other terms and conditions of
employment as set forth herein be incorporated in full in a resolution of the City
Council or where appropriate, in a policy statement. Upon the adoption of such a
resotution and/or policy statement, all wages, hours and other terms and
conditions of employment set forth in this MOU so incorporated, shall become
effective as provided without any further action by either party.
1
ARTICLE II
EMPLOYEE RECOGNITION
A. The City hereby recognizes the Lynwood Employee Management Group
("Group") as the recognized employee organization for all management
positions to the fullest extent allowable under California law applying to
public employees and as further defined in Resolution No. 2002.103,
adopted by the Lynwood City Council on July 16, 2002. The Group is the
recognized bargaining agent for the management employee unit.
B. The MMBA does not define either "confidential" or "management"
employee, and under Government Code section 3507.5 authorizes each
local agency to adopt procedures for determining which of its employees
will be designated confidential or managerial. The MMBA, however, does
not exclude management and confidential employees from the definition of
employees entitled to the organizational and representation rights of the
Act. Resolution No. 2002.103 defines a"confidential employee" as "an
employee who, in the course of his or her duties, has access to
information relating to the City's administration of employer-employee
relations. It defines "Management Supervisory Employee" as "an
employee having responsibility for formulating, administering, or managing
the implementation of City policies or programs." While employees
designated as "confidential" employees may be represented by the Group,
the parties acknowledge and agree that such designated employees may
not represent the Group or the management employee unit, participate in
the bargaining process, or share any confidential information in connection
with labor relations that would undermine the respective roles of each
party in the bargaining process.
C. It is acknowledged and agreed that the following management positions
are expressly excluded from the management employee unit and
from representation by the Group and from coverage under this MOU:
All elected officials, the City Manager, the Assistant City Manager, all
Department Directors, the Assistant to the City Manager, the Risk
Manager, and the Senior Human Resources Analyst.
D. It is acknowledged and agreed that the following management positions
are designated as "confidential": Administrative Analyst II (Finance),
Administrative Analyst III (Finance), Accounting & Auditing Supervisor,
Finance Manager (formerly Deputy Director of Finance), Financial Analyst,
Information Systems Manager, Information Systems Analyst, Personnel
Analyst II, Purchasing Manager, and Senior Internal Auditor.
2
E. It is acknowledged and agreed that the management positions listed
below are expressly covered by this MOU. Any and all future
management positions below the level of Director created during the term
of this MOU shall be added to the list below and considered part of the
Management Bargaining Unit represented by the Group in accordance
with the express provisions of Resolution No. 2002.103 governing the
creation of new job positions and/or classifications.
LIST OF REPRESENTED MANAGEMENT POSITIONS
* = Confidential
* Accounting and Auditing Supervisor
* Administrative Analyst II
* Administrative Analyst III
Assistant Director of Public Works
Assistant Director of Recreation & Community Services
Billing and Collections Supervisor
Building and Safety Manager
Building Maintenance Supervisor
Capital Improvement Projects Manager
Civil Engineering Associate
Code Enforcement Manager
Deputy Director of Administrative Services
Deputy Director of Recreation and Community Services
Deputy Director of Redevelopment
Development Services Manager
Electrical Maintenance Supervisor
Events Coordinator
Facility Services Manager
* Financial Analyst
* Finance Manager
Housing Associate
Housing Manager
* Information Systems Analyst
'" Information Systems Manager
Parking Control Manager
Park Superintendent
3
�` Personnel Analyst II
Planning Associate
Public Works/Engineering Manager
* Purchasing Manager
Recreation Facility and Program Supervisor
Recreation Superintendent II
Redevelopment Associate
Senior Administrative Analyst
Senior and Social Services Manager
* Senior Internal Auditor
Street Maintenance Supervisor
Senior Planner
Utility Services Manager
4
ARTICLE III
CITY RIGHTS
A. It is understood and agreed that the City retains all of its powers and
authority to direct, manage and control its operations to the full extent of the law.
Said powers and authority include, but are not limited to, the exclusive right to:
determine its organization; direct the work of its employees; determine the times
of operation; determine the kinds and levels of services to be provided, and the
methods and means of providing them; establish its policies, goals and
objectives; determine staffing patterns; determine the number and kinds of
personnel required; maintain the efficiency of City operations; build, move,
modify or close facilities; establish budget procedures and determine budgetary
allocations; determine the methods of raising revenue; contract out work; and
take action on matters in the event of emergency. In addition, the City retains the
right to hire, classify, assign, evaluate, transfer, promote, terminate and discipline
employees.
B. In case of emergency, the City retains its right to amend, modify or rescind
provisions of this MOU. Such amendment, modification or rescission shall
remain in force only for the period of the emergency. The determination of
whether or not an emergency exists is solely within the discretion of the City
Council.
5
ARTICLE IV
STEPINCREASES
Employees are eligible for a step increase upon successful completion of
probation and thereafter will be considered on the basis of inerit after intervals of
one (1) year.
Section 1. Any employee hired or promoted to Step A of a different range of
pay, shall receive the Step B salary at the successful completion of the
probationary period. Increases to Step C, D and E within any pay range shall be
based on satisfactory job performance by the individual and shall be reviewed at
least at the following time intervals:
Step C- One (1) year after the Step B increase
Step D- One (1) year after the Step C increase
Step E- One (1) year after the Step D increase
Section 2. Employees hired or promoted to any step above Step A shall
receive the next step at the successful completion of the probationary period.
Other increases within the range shall be followed in the method described in
Section 1.
Section 3. New employees, as well as current employees accepting another
position within the bargaining unit, shall be appointed at the first step of the
salary range to which their class is assigned, except that when the education and
previous training or experience of a proposed employee are substantially
superior to those required of the class and justify a beginning salary in excess of
such minimum compensation. Upon recommendation of the department head,
the City Manager may authorize and appointment to this position at any higher
step.
The department head shall submit his recommendation to the City Manager in
such form, together with such information as the City Manager may require.
The provisions of this Article do not apply to those hired or employed on an
hourly basis.
6
ARTICLE V
SALARIES/WAGES
Section 1. The parties agree that there will be no salary adjustments or cost of
living adjustments provided to employees covered by this MOU during the term
of this 2010-2011 MOU.
Section 2. Mandatory Direct Deposit — All Management Group employees shall
be on electronic direct payroll deposit.
7
ARTICLE VI
EXECUTIVE LEAVE
It is agreed that management employees who are assigned to regulariy attend
City Council, Commission or Board meetings shall be granted ninety (90) hours
Executive Leave annually. All other management staff shall receive seventy (70)
hours annually.
Executive leave may be taken at anytime after the first of the calendar year with
the approval of the employee's department head and/or the City Manager.
Executive Leave may not be accrued beyond the present calendar year. Unused
Executive Leave at the end of a calendar year (December 31) or upon leaving
employment will be lost. Any over use of Executive Leave shall be repaid in full
to the City upon termination of City employment.
A Personnel Status Report form will be required for approval of the ninety (90)
hours leave.
8
ARTICLE VII
BILINGUAL PAY
The City Manager may grant compensation to full-time employees who have
passed their initial probationary period for using bilingual skills in the course of
work, provided that such employees use bilingual skills at least twenty percent
(20%) of their working time for either written or oral communication.
Employees required to use bilingual skills in the course of their work may request
bilingual pay by submitting written justification approved by their department
head to the City Manager.
Those employees approved by the City Manager for bilingual pay shall be
required to pass a language proficiency examination.
Bilingual pay shall be one hundred twenty-five dollars ($125.00) per month paid
on a biweekly basis effective the first full pay period after the first of the month
following the submission of a Personnel Status Report form with proper approval.
9
ARTICLE VIII
TOOL ALLOWANCE
The Equipment Repair Supervisor shall receive an allowance for furnishing and
using his own tools. The allowance is payable annually in June through payroll.
The amount of payment will be calculated at the rate of forty dollars ($40.00) per
each full month of employment during the previous twelve (12) month period. If
the employee leaves City service prior to the June payment date, the amount of
tool allowance payment will be as accrued with appropriate documentation
initiated by the department prior to termination of City employment.
10
ARTICLE IX
UNIFORM AND CLOTHING ALLOWANCE
The City will furnish Public Works and Park Department management
employees, whose duties require wearing uniforms, three (3) uniform changes
per week plus one (1) additional laundered shirt per week.
Effective the first payday in December of 2004, position titles identified below that
are required to wear OSHA safety boots/shoes shall receive seventy-five dollars
($75.00) as a uniform allowance annually:
• Building Maintenance Supervisor
� Park Superintendent
• Street Maintenance Supervisor
• Equipment Repair Supervisor
• Building and Safety Manager
� Electrical Maintenance Supervisor
The allowance is taxable and will be included within the employee's paycheck.
11
ARTICLE X
MILEAGE REIMBURSEMENT
With the approval of the employee's department head and the City Manager, the
City will reimburse management employees required to use their personal
vehicles for the purpose of conducting City business at the rate contained in the
current Internal Revenue Service code book.
Employees must document the date, destination and beginning and ending
odometer reading from their vehicles in supporting the request. Said information
must be logged on a Mileage Claim Form when requesting payment.
Employees receiving monthly automobile allowances are not eligible for mileage
reimbursement.
12
ARTICLE XI
EDUCATION INCENTIVE PAY/TUITION REIMBURSEMENT
To encourage empioyees in undertaking outside study to the end that they may
perform their duties in a more efficient manner, a system of education pay, over
and above established pay schedules, is hereby established.
Section 1. Education Incentive Pay
Education incentive pay is allowable for completed courses of approved subjects
at accredited schools, and is fixed at one dollar ($1.00) per month for each
semester unit of credit satisfactorily completed by the employee with a grade of
"C" or better. A quarter unit is the equivalent of a semester unit and is also
compensated at one dollar ($1.00) per month. Maximum pay is fixed at one
hundred fifty dollars ($150.00) per month.
All courses of study must have prior approval by the employee's department
head and the City Manager in order to receive education incentive pay.
Accredited schools are herein defined as accredited colleges, junior colleges,
universities or other schools providing college credits that are accredited by
nationally recognized accrediting agencies as determined by the U.S. Secretary
of Education.
Suitable written certification from the school or granting agency showing
satisfactory completion of each course or program shall be submitted to the
Personnel Office for personnel records. Education incentive pay shall
commence during the first full pay period in the month following the submission
of written certification.
Bachelor's/Master's Deqree Pav
Certain positions within the Group do not require degrees of higher education.
The City may pay employees one hundred fifty dollars ($150.00) per month who
have graduated and received a bachelor of arts or bachelor of science degree
from an accredited college or university or the City will pay employees two
hundred dollars ($200.00) per month who obtain a master's degree from an
accredited college or university
Compensation under this section only applies to those employees whose
positions do not require a bachelor's or master's degree as set forth in the City's
official job description(s). In order to qualify for compensation under this section,
employees must submit a request for compensation, submit proof of the degree
obtained, and receive approval by the City Manager.
13
Section 2- Tuition Reimbursement Proaram
The City will contribute one hundred percent (100%) of the cost of tuition fees for
such courses, up to one thousand five hundred dollars ($1500.00) per semester
or quarter course while the employee is accruing the one hundred fifty dollars
($150.00) per month maximum education incentive pay (as described above).
The maximum City contribution to the cost of tuition and books is three thousand
dollars ($3000.00) annually. Tuition Reimbursement Program guidelines are
available through the Personnel Division.
The provisions of this section do not apply to employees undertaking an
approved course during a regular workday or assigned shift.
Section 3- Certificate Pay Proqram
The City will pay up to three hundred dollars ($300.00) per month Certificate
Incentive Pay upon certification as a Certified Energy Manager, Certified Green
Building Professional (CGBP) or Leadership in Environment and Energy Design
(LEED). An employee covered by this MOU may not receive Certificate Incentive
Pay for more than one of these certificates at a time.
14
ARTICLE XII
LONGEVITY PROGRAM
Section 1. Effective 7-1-88 longevity pay will be as follows:
One percent (1 %) of base salary at the end of seven (7) years of service; an
additional one percent (1%) of base salary at the end of twelve (12) years of
service; and an additional one percent (1 %) of base salary at the end of
seventeen (17) years of service; and an additional three hundred dollars
($300.00) annually paid on a biweekly payroll basis after completion of twenty-
five (25) years of service.
Section 2. Effective 1-1-89 longevity pay will be as follows:
The same as above with deleting three hundred dollar ($300.00) annually paid
for finrenty-five (25) years of service and inserting two percent (2%) of base salary
at finrenty-two (22) years of service.
The additional percent(s) to base salary shall be paid on normally assigned
positions and not temporary or special assignments.
15
ARTICLE XIII
EMPLOYEE'S INSURANCE COVERAGE
Heaith
Until December 31, 2008, the City shall continue to contribute toward any
CaIPERS health insurance plan selected by full time employees, at a rate up to
the CaIPERS established Kaiser-Orange County family rate. Effective January 1,
2009, the City shall contribute toward any CaIPERS health insurance plan
selected by full time employees, up to the CaIPERS established Kaiser-Los
Angeles County family rate. The employee must pay any remaining premium for
dependent coverage through payroll deduction.
Effective March 2005, the City will reimburse employees up to a maximum of one
hundred finrenty dollars ($120.00) for health plan co-payments incurred in the
previous calendar year with proper documentation. In the event an employee
incurs co-payment costs that exceed the agreed reimbursable amount of one
hundred twenty dollars ($920.00) in a given year, the employee may carryover
the non-reimbursable amounts for subsequent payment up to three (3) 3 years
with proper documentation.
Dental
For full time employees hired before January 1, 2009, the City will continue to
contribute up to one hundred percent (100%) of the established family rate for
dental insurance selected by that employee. For full time employees hired after
January 1, 2009, the City shall contribute up to eighty percent (80%) of the
established family rate for dental insurance selected by that employee.
In March of each year of the MOU, the City will reimburse the employee for
dental plan deductibles incurred in the previous calendar year. Effective
November 1, 1999, the City shall enhance the current dental benefits to include a
retirement benefit for employees who retire from active City service with at least
five years tenure with the City. Verification of CaIPERS retirement application
will be required.
Life
Effective July 1, 2002, the City shall pay a life insurance premium for all full time
management employees in the amount of fifty thousand dollars ($50,000.00) with
the full cost of the premium paid by the City, inclusive of a retirement benefit as
outlined for dental insurance.
16
Vision
For full time employees hired before January 1, 2009, the City will continue to
contribute up to one hundred percent (100%) of the established family rate for
vision insurance selected by that employee. For full time employees hired after
January 1, 2009, the City shall contribute up to eighty percent (80%) of the
established family rate for vision insurance selected by that employee. The City
shall continue to include a retirement benefit for employees who retire from active
City service with at least five years tenure with the City. Verification of CaIPERS
retirement application will be required.
Effective March 2005, the City will reimburse employees up to a maximum of
thirty dollars ($30.00) per eligible dependenbemployee for vision ptan co-
payments incurred in the previous calendar year with proper documentation. In
the event an employee incurs co-payment costs that exceed the agreed
reimbursable amount of thirty dollars ($30.00) per eligible dependent/employee in
a given year, the employee may carryover the non-reimbursable amounts for
subsequent payment up to three (3) years with proper documentation.
The City shall provide a flexible benefits plan in accordance with Internal
Revenue Code Section 125.
The City shall implement an Employee Assistance Program (EAP) with the full
insurance premium incurred by the City.
Effective January 1, 1999, the City shall implement the State Disability Insurance
Program with the full cost of such plan to be paid by the City.
17
ARTICLE XIV
SICK LEAVE POLICY
Sick leave with pay shall be granted by the City Manager and/or his/her designee
at the rate of one work day for each calendar month of service accrued at 3.69
hours per pay period or prorated if not a full pay period. Sick leave shall not be
considered as a privilege which an employee may use at his/her discretion, but
shall be allowed only in case of necessity and actual sickness or disability. In no
event will sick leave with pay be granted in excess of that which is accrued.
In order to receive compensation while absent on sick leave, the employee shall
notify his immediate supervisor prior to, or within two (2) hours after the time set
for beginning duty, unless notification is physically impractical. A physician's
certificate or personal statement will be submitted for absences of three (3) days
or more. The City may require a physician's certificate and release to return to
work whenever there is reasonable cause to believe that there has been an
abuse of sick leave or when there is reasonable doubt as to the employee's
ability to perform his duties satisfactorily and safely. The City maintains the right
to discipline any employee for excessive absenteeism.
Effective January 1, 2000, the City shall implement AB 109, Labor Code Section
233 as required by law. An employee shall be allowed to use in any calendar
year sick leave accrued and available in an amount not less than what would be
accrued in six (6) months of employment to attend to the illness of a child, parent
or spouse of the employee. For purposes of this section, six (6) months sick
leave accrual will be based on thirteen (13) pay periods. All conditions and
restrictions placed by the City upon the use by an employee of sick leave shall
also apply to the use by an employee of sick leave to attend to an illness of his or
her child, parent, spouse, or a registered domestic partner.
This section does not extend the maximum period of leave to which an employee
is entitled under Section 12945.2 of the Government Code or under the federal
Family and Family and Medical Leave Act of 1993, regardless of whether the
employee receives sick leave compensation during that leave.
There shall be a sick leave pay off program. This program uses a sick leave limit
of ninety-six (96) work days and the frozen amount, if applicable, which consists
of sick leave hours earned in excess of ninety-six (96) work days prior to July 1,
1974, and retained and frozen as of that date. The method of compensation shall
be on a straight time pay basis at the rate of pay in effect at the time of pay off.
The pay off program has three elements: retirement, resignation or termination
and annual compensation.
18
For purpose of the pay off program retirements are limited solely to regular
service (non-disability) retirements. Upon regular service (non-disability)
retirement employees shall receive fifty percent (50%) compensation for unused
sick leave hours up to the maximum of the ninety-six (96) workdays. Fifty percent
(50%) compensation shall also be received for the sick leave hours frozen as of
June 30, 1974.
For purpose of the pay off program resignations and terminations shall exclude
terminations for cause and retirements. Upon resignation or termination as
specified herein and only after ten (10) years of continuous City service,
employees shall be compensated for one-quarter (1/4) of their unused sick leave
hours up to the maximum of ninety-six (96) work days. Twenty-five percent (25%)
compensation shall also be received for the sick leave hours frozen as of June
30, 1974.
The annual compensation element of the sick leave pay off program is provided
as follows: Fifty percent (50%) of the sick leave earned beyond ninety-six (96)
work days or the frozen amount shall be annually compensated to the employee
at the end of each calendar year. The remaining fifty percent (50%) of such
excess sick leave remains on the books but shall be used for actual sick leave
purposes only and shall not entitle the employee to any additional compensation.
Sick leave accrued beyond the ninety-six (96) workday maximum or frozen
amount shall be used prior to the earlier earned sick leave.
19
ARTICLE XV
HOLIDAYS
Section 1. The City and Group agree to incorporate into this MOU the
elimination of specified holidays and have floating holidays replace them. The
holidays to be eliminated are: Washington's Birthday, Lincoln's Birthday,
Columbus Day, Admission Day, and Veteran's Day.
a) The total number of floating holidays is five (5) with all floating
holidays available at the beginning of the calendar year. All floating holidays to
be taken off are subject to operational and scheduling factors and must be
approved by the employee's supervisor.
b) Subject to (c) below, no floating holidays will be available until
the successful completion of the original probationary period. At that time, such
employees will be credited with a pro rata portion of the aforesaid five (5) floating
holidays based upon the time remaining in the initial calendar year of
employment, but in no case less than one day.
c) No floating holiday may be carried over to another calendar
year.
d) The availability of five (5) floating holidays on January 1 of each
year (in the case of a permanent employee) and of a pro rata portion thereof
upon successful completion of the probationary period (in the case of new
employees) is based upon the assumption that the employee will successfully
complete employment with the City for the calendar year in question. If an
employee fails to successfully complete employment for the said calendar year,
the number of floating holidays available to the employee shall be prorated on
the basis of the portion of the calendar year for which the employee was
employed by the City. If, under such circumstances, the employee has used
more floating holidays than were actually available; the City shall make an
appropriate reduction in its payment of final compensation to such employee.
e) Effective January 1, 1992, the accrual for five (5) floating
holidays for fulltime employees shall be fifty (50) hours per annum based on a
4/10 work schedule.
� In the event the City returns to an 8-hour/5 day workweek the
accrual rate wilt reflect such change.
20
Section 2. Employees covered under this Memorandum shall be allowed the
following paid holidays: New Year's Day, January 1; Martin Luther King Jr., third
Monday in January; Presidents' Day, third Monday in February; Cesar Chavez
Day, March 31; Memorial Day, last Monday in May; Independence Day, July 4;
Labor Day, first Monday in September; Thanksgiving Day, fourth Thursday in
November; day after Thanksgiving, fourth Friday in November; Christmas Day,
December 25.
When a holiday named in this regulation falls on Sunday, it shall be observed on
the following Monday. As the city is currently operated on a flexible work
schedule, those holidays which fall on a Friday in any given year will not be
observed by 4/10 employees. Those employees working a 5-day/8 hour (5/8)
workweek will be paid for those holidays falling on a Friday. This provision is
made with the understanding that the accrual rates for floating and personal
leave time (Article XVII) will be adjusted annually for 5/8 scheduled employees as
warranted to compensate both the 4/10 and 5/8 work schedules on an equal
basis. In the event the City returns to a 5/8 work schedule for all fulltime
employees, those holidays falling on a Saturday will be observed on Friday.
The City Manager may determine and approve as warranted the carryover of up
to finro (2) floating holidays into the following year for full-time employees. Said
approved holidays shall be taken no later than June 30 of the carryover year. All
requests must be submitted to the City manager no later than November 1 to be
considered.
Section 3. Personal Leave Day may be taken on any day of the employee's
choosing subject to operational and scheduling factors and must be approved by
the employee's supervisor. The Personal Leave Day must be taken within the
calendar year or it is lost. Employees who terminate without using their Personal
Leave Day for that calendar year shall receive payment for this day.
Effective 1-1-03 the Personal Leave time available will be twenty (20) hours for
employees working the 4/10 schedule and sixteen (16) hours for employees
working the 5/8 schedule.
21
ARTICLE XVI
ACTING SUPERVISORY COMPENSATION
At such time as a supervisory position becomes temporarily vacant for reasons of
sick leave, leave of absence or injury on duty status, a civil service employee
may be assigned the supervisory duties and designated as "acting." Further, at
such time as a supervisory position becomes vacant, i.e., without an incumbent,
a civil service employee who has less than the minimum training or experience
requirements for temporary appointment may be assigned the duties and
designated as "acting" upon determination by the department head (or City
Manager, if appropriate) that said employee is best qualified to perform all or a
substantial portion of the duties of the supervisory position. The selection of the
employee for "acting" status shall be within the sole discretion of the department
head. Employees acting in a supervisory position shall not be entitled to any
additional compensation for doing so unless they work eight (8) or more days in
that assignment at which time they shall be entitled to acting compensation
retroactive to the first day of that assignment. Such compensation shall continue
until such time as the incumbent returns or, as in the case of the vacant position,
the position is filled or the designated employee meets the temporary
appointment requirements. Acting compensation is at the step rate in the
supervisory position range which exceeds but is closest to the employee's
current rate of pay in the permanent position or two hundred fifty dollars
($250.00) per month, whichever is less.
22
ARTICLE XVII
RETIREMENT POLICY
The City will continue to provide employees in the Group a pension through the
California Public Employees Retirement system ("CaIPERS") using the "3% @
60" formula. For the CaIPERS "3% @ 60" retirement formula, the total Employer
Paid Member Contribution (EPMC) is currently eight percent (8%) of reportable
compensation.
A. The City will continue to pay the full eight percent (8%) EPMC to CaIPERS
for all current full-time employees covered by this bargaining agreement .
Retirement compensation shall be computed on the employee's one (1)
year's highest earnings. Each employee, eligible for service retirement,
may have his/her City paid CaIPERS contribution reported as
compensation for all or any part of the twelve (12) month period prior to
his/her service retirement date upon written request to the Director of
Finance. Accordingly, CaIPERS contribution will be deducted from
employee's higher based salary. This provision will remain in effect unless
otherwise prohibited by CaIPERS law.
B. Effective January 1, 2011, all new employees (hired on after January 1,
2011), shall pay the full EPMC, currently eight percent (8%), directly to
CaIPERS through payroll withholding.
The City shall adopt the necessary resolutions and submit them to
CaIPERS to reflect the reductions in EPMC.
The City amended its contract with CaIPERS to provide for parity on medical
premiums for retirees from the bargaining unit and current employees (1993).
The City amended its contract with CaIPERS to provide credit for unused sick
leave (1992).
The City amended its contract with CaIPERS to increase the 1959 Survivor
Benefit from Level 3 to Level 4.
23
ARTICLE XVIII
LEAVE BENEFIT ACCRUAL RATES
The following shail represent leave benefit accrual rates for full-time classified
employees:
VACATION 80 hours/year (80/26) = 3.08 hours/pay period
VACATION 120 hours/year (120/26) = 4.62 hours/pay period
VACATION 160 hours/year (160/26) = 6.15 hours/pay period
SICK LEAVE 96 hours/year (96/26) = 3.69 hours/pay period
FLOATING
HOLIDAYS 50 hours/year (50/26) = 1.923 hours/pay period
(5/8 work schedule; see below)
PERSONAL LEAVE 10 hours/year Credited January 1 annually (4/10)
$ " " (5/8)
Effective 1-1-03:
4/10 Floating Holiday 50 hours
Personal Leave 20 hours
5/8 Floating Holiday 40 hours
Personal Leave 16 hours
24
ARTICLE XIX
NON-DISCRIMINATION
It is agreed that neither the City nor the Group shall discriminate against any
employee because of race, national origin, age, sex, sexuat orientation, or Group
membership or activity. It is further agreed that neither the City nor Group shall
discriminate against any employee because of religion, marital status, political
affiliation or a qualified physical or mental disability.
25
ARTICLE XX
ANNUAL VACATION LEAVE
The purpose of annual vacation leave is to enable each eligible employee
annually to return to work mentally refreshed. All full time employees in the
classified service shall be entitled to annual vacation leave with pay. Employees
not eligible for vacation leave with pay are:
1) Employees still serving their originat probationary period in the services of
the City; however, vacation credits for the time shall be granted to each such
employee who later received a permanent appointment.
2) Employees who work on an intermittent or seasonal basis and all hourly
employees.
All eligible employees in the first through seventh year of continuous service shall
earn vacation credit at the rate of eighty (80) hours per year. Beginning with the
eighth year and through the fourteenth year of continuous service employees
shall earn vacation credit at the rate of one hundred twenty (120) hours per year.
Beginning with the fifteenth year of continuous service and thereafter employees
shall earn vacation credit at the rate of one hundred sixty (160) hours per year.
Each eligible employee shall be required to have served the equivalent of one
year of continuous service in the City in order to be eligible for his/her full annual
vacation leave. After six (6) months of continuous service, the employee may be
permitted to take vacation leave not to exceed forty (40) hours. In no event,
however, will paid vacation be granted in excess of earned vacation credits.
Vacation leave must be approved in advance by the department head or City
Manager. The times during a calendar year at which an employee may take
his/her vacation shall be determined by the department head with due regard to
the wishes of the employee and particular regard for the needs of the service.
Effective January 1, 2009, an employee may accumulate vacation to a maximum
of six hundred forty (640) hours. Vacation leave is accrued as earned and the
amount of vacation leave accumutated shall not exceed the maximum. Accrual
shall stop whenever the employee is at the maximum. Upon reaching the
maximum allowed accumulation, future vacation hours shall not be earned
unless or until vacation usage or cash out causes the employee's accrual to fall
below the maximum limit set forth in this MOU.
Any employee that is at or over the cap as of January 1, 2009, shall not be
capped at six hundred forty (640) hours until such time as that employee's total
26
accrued hours are actually reduced below the six hundred forty (640) cap. In the
meantime, both the City and Management Unit mutually agree to formulate and
implement individual plans for these affected employees to accelerate the use or
cash out of vacation accruals to bring down their accruals below the six hundred
forty (640) cap within a reasonable period of time. At the city's election, the city
may allow an affected employee over the six hundred forty (640) hour cap
additional buybacks of vacation time, upon the affected employee's request and
with the consent of the City Manager, until that employee's total accrued hours
fall below the six hundred forty (640) hour cap.
In the event one or more municipal holidays fall within an annual vacation leave,
such holidays shall not be charged as vacation leave, and the vacation leave
shall be extended accordingly.
Employees who terminate employment shall be paid in a lump sum for all
accrued vacation leave upon termination of employment.
Effective July 1, 2007 the Group may be paid for up to one hundred sixty (160)
hours per annum for compensable time. Sick time is excluded from this provision.
Payment shall be made in the following manner:
a. Payment will be made annually at the employee's current hourly rate of
pay.
b. Payment will not exceed one hundred sixty (160) hours per calendar year.
c. Payment request sha�l be submitted to the City Manager or his/her
designee no later the 1 Thursday in November in order to be considered
for payment. A form is available in the Human Resources Division.
d. Such annual payment shall be included in the check for the first pay period
ending in December provided the funds are available.
27
ARTICLE XXI
MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of federal and
state law.
28
ARTICLE XXII
FAMILY CARE AND MEDICAL LEAVE POLICY
I. STATEMENT OF POLICY
In addition to other leaves available under the MOU and/or other City provided
leaves of absences, employees may also be eligible for leave under federal and
state law.
The City will provide family and medical care leave for eligible employees as
required by state and federal law, including leaves under the Federal Family
Leave Act ("FMLA"), the State of California Family Rights Act ("CFRA"), and Paid
Family Care Leave ("PFCL").
An individual who is entitled to leave under the FMLA and the CFRA must take
Family Temporary Disability Insurance leave concurrent with leave taken under
the FMLA and the CFRA.
II. DEFINITIONS
In implementing this policy, the following definitions will apply:
A. "12-Month Period" means a rotling twelve (12) month period measured
backward from the date leave is taken and continuous with each additional leave
day taken.
B. "Parent" means the biological, foster, or adoptive parent of an employee or
an individual who stands or stood in loco parentis (in place of a parent) to an
employee when the employee was a child. This term does not include parents-
in-law.
C. "Child" means a child under the age of eighteen (18) years of age, or
eighteen (18) years of age or older who is incapable of self care because of a
mental or physical disability. An employee's child is one for whom the employee
has actual day-to-day responsibility for care and includes, a biological, adopted,
foster or step-child, a legal ward, a son or daughter of a domestic partner, or a
son or daughter who stands in loco parentis to that child.
D. "Spouse" means a husband or wife as defined or recognized under
California State law for purposes of marriage.
E. "Domestic Partner" means a partner as defined in Section 297 of the
California Family Code.
29
F. "Family Member" means a child, parent, spouse, or domestic partner as
defined in this policy.
G. "Serious Health Condition" means an illness, injury impairment, or physical
or mental condition that involves:
1. Inpatient Care (i.e., an overnight stay) in a hospital, hospice, or residential
medical care facility, including any period of incapacity (i.e., inability to work, or
perform other regular daily activities due to the serious health condition,
treatment involved, or recovery therefrom); or
2. Continuing treatment by a health care provider: A serious health condition
involving continuing treatment by a health care provider as defined under federal
and/or state law.
H. "Health Care Provider" is defined pursuant to the FMLA and CFRA.
III. REASONS FOR LEAVE
Leave is only permitted for the following reasons:
1. The birth of a child or to care for a newborn of an employee or the
employee's domestic partner;
2. The placement of a child with an employee in connection with the adoption
or foster care of a child by the employee or domestic partner;
3. Leave to care for a child of the employee, spouse or domestic partner who
has a serious health condition; or
4. Leave because of a serious health condition that makes the employee
unable to perform the functions of his/her position;
5. Leave to care for a parent, spouse, or domestic partner who has a serious
health condition.
IV. EMPLOYEES ELIGIBLE FOR LEAVE (Not applicable to PFCL)
An employee is eligible for leave if the employee:
1. Has been employed for at least twelve (12) months; and
2. Has been employed for at least one thousand two hundred fifty (1,250)
hours during the twelve (12) month period immediately preceding the
commencement of the leave.
30
V. AMOUNT OF LEAVE
Eligibie employees are entitled to a total of twelve (12) workweeks of leave
during any twelve (12) month period.
A female employee has a reasonable leave of absence of up to four (4) months
whenever she becomes disabled as a result of pregnancy, childbirth, or related
medical conditions.
Four (4) months is the maximum allowed for pregnancy-related disability leave.
A female employee who is physically and mentally capable of returning to work
before the expiration of four months is not entitled to a full four (4) month leave of
absence.
Notwithstanding any leaves available under this policy, once an employee
exhausts all federal and state leaves, and any accrued paid leaves, the employee
may apply for an unpaid administrative leave of absence pursuant to Article
XXXVI for successive periods of up to thirty (30) days each up to a maximum of
one hundred and eighty (180) consecutive days. The City has the discretion to
either grant or deny any request for an unpaid administrative leave. Benefits
shall not accrue during the term of an unpaid leave of absence nor does such
time count as service time for step increases, seniority or other purposes.
A. Minimum Duration of Leave
If leave is requested for the birth, adoption or foster care placement of a child of
the employee or domestic partner, leave must be concluded within one (1) year
of the birth or placement of the child. In addition, the basic minimum duration of
such leave is two (2) weeks. However, an employee is entitled to leave for one of
these purposes (e.g., bonding with a newborn) for at least one (1) day, but less
than two (2) weeks duration on any two (2) occasions.
If leave is requested to care for a child, parent, spouse, domestic partner or the
employee him/herself with a serious health condition, there is no minimum
amount of leave that must be taken. However, the notice and medical certification
provisions of this policy must be complied with.
B. Spouses Both Employed by the City
In any case in which domestic partners or spouses are both employed by the City
and both are entitled to leave, the aggregate number of workweeks of leave to
which both may be entitled may be limited to twelve (12) workweeks during any
twelve (12) month period if leave is taken for the birth or placement for adoption
or foster care of the employees' child (i.e., bonding leave). This limitation does
not apply to any other type of leave under this policy.
31
VI. EMPLOYEE BENEFITS WHILE ON LEAVE
Leave under this policy is unpaid. While on leave, employees will continue to be
covered by the City's group health insurance to the same extent that coverage is
provided while the employee is on the job.
Employees may make the appropriate contributions for continued coverage by
payroll deductions or direct payments made to these plans. Depending on the
particular plan the City will inform employees whether the premiums should be
paid to the carrier or to the City. An employee's coverage on a particular plan
may be dropped if he/she is more than thirty (30) days late in making a premium
payment. However, employees will receive a notice at least fifteen (15) days
before coverage is to cease, advising that coverage will be dropped if the
employee's premium payment is not paid by a certain date. Employee
contribution rates are subject to any change in rates that occurs while the
employee is on leave.
If an employee fails to return to work after his/her leave entitlement has been
exhausted or expires, the City shall have the right to recover its share of health
plan premiums for the entire leave period, unless the employee does not return
because of the continuation, recurrence, or onset of a serious health condition of
the employee or his/her family member which would entitle the employee to
leave, or because of circumstances beyond the employee's control. The City
shall have the right to recover premiums through deduction from any sums due
the City (e.g. unpaid wages, vacation pay, etc.).
VII. SUBSTITUTION OF PAID ACCRUED LEAVES
While on leave under this policy, as set forth herein, an employee may elect to
concurrently use paid accrued leaves. Similarly, the City may require an
employee to concurrently use paid accrued leaves after requesting FMLA, CFRA
leave and Paid Family Leave, and may also require an employee to use Family
and Medical Care Leave concurrently with a non-FMLA/CFRA leave which is
FMLA/CFRA-qualifying.
A. Employer's Right to Require An Employee to Use Paid Accrued
Leaves Concurrently With Family Leave
Where an employee has earned or accrued paid vacation and/or
administrative leave, that paid leave must be substituted for all or part of any
(otherwise) unpaid leave under this policy.
As for sick leave, an employee is entitled and may use sick leave concurrently
with leave under this policy if:
32
1. The leave is for the employee's own serious health condition; or
2. The leave is needed to care for a parent, domestic partner, spouse or
child with a serious health condition, and would be permitted as sick leave under
the City's sick leave policy.
As for compensatory time, an employee may use compensatory time
concurrently with leave under this policy.
As a condition of an employee's initial receipt of family temporary disability
insurance benefits during any twelve (12) month period in which an employee is
eligible for these benefits, the City may require an employee to take up to two (2)
weeks of earned but unused vacation leave prior to the employee's initial receipt
of these benefits. If the City requires the employee to take vacation leave, that
portion of the vacation leave that does not exceed one (1) week shall be applied
to any applicable waiting period for receipt of family temporary disability
insurance benefits.
VIII. MEDICAL CERTIFICATION
Employees who request leave for their own serious health condition or to care for
a child, parent, domestic partner or a spouse who has a serious health condition
must provide written certification from the health care provider of the individual
requiring care if requested by the City.
If the leave is requested because of the employee's own serious health condition,
the certification must include a statement that the employee is unable to perform
the essential functions of his/her position.
A. Time to Provide a Certification
When an employee's leave is foreseeable and at least thirty (30) days notice has
been provided, if a medical certification is requested, the employee must provide
it before the leave begins. When this is not possible, the employee must provide
the requested certification to the City within the time frame requested by the City
(which must allow at least fifteen (15) calendar days after the employer's request)
unless it is not practicable under the particular circumstances to do so despite the
employee's diligent, good faith efforts.
B. Consequences for Failure to Provide an Adequate or Timely Certification
If an employee provides an incomplete medical certification, the employee will be
given a reasonable opportunity to cure any such deficiency.
33
However, if an employee fails to provide a medical certification within the time
frame established by this policy, the City may delay the taking of FMLA/CFRA
leave until the required certification is provided.
C. Recertification
If the City has reason to doubt the validity of a certification, the City may require a
medical opinion of a second health care provider chosen and paid for by the City.
If the second opinion is different from the first, the City may require the opinion of
a third p�ovider jointly approved by the City and the employee, but paid for by the
City. The opinion of the third provider will be binding. An employee may request a
copy of the health care provider's opinions when there is a recertification.
D. Intermittent Leave or Leave on a Reduced Leave Schedule
If an employee requests leave intermittently (a few days or hours at a time) or on
a reduced leave schedule to care for an immediate family member with a serious
health condition, or for pregnancy-disability leave, the employee must provide
medical certification that such leave is medically necessary. "Medically
necessary" means there must be a medical need for the leave and that the leave
can best be accomplished through an intermittent or reduced leave schedule.
IX. EMPLOYEE NOTICE OF LEAVE
Although the City recognizes that emergencies arise which may require
employees to request immediate leave, employees are required to give as much
notice as possible of their need for leave. If leave is foreseeable, at least thirty
(30) days notice is required. In addition, if an employee knows that he/she will
need leave in the future, but does not know the exact date(s) (e.g. for the birth of
a child or to take care of a newborn), the employee shall inform his/her
supervisor as soon as possible that such leave will be needed. If the City
determines that an employee's notice is inadequate or the employee knew about
the requested leave in advance of the request, the City may delay the granting of
the leave until it can, in its discretion; adequately cover the position with a
substitute. All notices required under this Policy must be submitted to the
Employee's Department Head.
X. REINSTATEMENT UPON RETURN FROM LEAVE
A. Right to Reinstatement
Upon expiration of leave, an employee is entitled to be reinstated to the position
of employment held when the leave commenced, or to an equivalent position
with equivalent employment benefits, pay, and other terms and conditions of
employment. Employees have no greater rights to reinstatement, benefits and
34
other conditions of employment than if the employee had been continuously
employed during the FMLA/CFRA/Paid Family Leave period.
If a definite date of reinstatement has been agreed upon at the beginning of the
leave, the employee will be reinstated on the date agreed upon. If the
reinstatement date differs from the original agreement of the employee and City
the employee will be reinstated within two (2) business days, where feasible,
after the employee notifies the employer of his/her readiness to return.
B. Employee's Obligation to Periodically Report on HislHer Condition
Employees may be required to periodically report on their status and intent to
return to work. This will avoid any delays to reinstatement when the employee is
ready to return.
C. Fitness for Duty Certification
As a condition of reinstatement of an employee whose leave was due to the
employee's own serious health condition, which made the employee unable to
perform his/her job, the employee must obtain and present a fitness-for-duty
certification from the health care provider that the employee is able to resume
work. Failure to provide such certification will result in denial of reinstatement.
35
ARTICLE XXIII
HOURS OF WORK
All classified City employees shall work five (5) eight (8) hours shifts per week,
Monday through Friday, except as designated by other Resolutions and
Ordinances enacted by the City Council and by directives of the City Manager
acting within the framework of said Resolutions and Ordinances.
Resolution 76-86 provided that no hourly person, temporary help or seasonal
worker shall work more than thirty-five (35) hours in any week.
Effective immediately upon adoption of the Resolution approving this MOU, all
employees covered by this agreement shall be eligible to work a compressed
work week (4/10 or 9/80) or flexible work schedule as mutually agreed befinreen
the employee and Department Manager and approved by the City Manager or
his designee.
36
ARTICLE XXIV
ATTENDANCE
Employees shall be in attendance at their work in accordance with the rules
regarding hours of work, holidays and leaves. If an employee is unable to report
to work, the employee must notify his/her supervisor in accordance with
departmental policy. Failure to do so may result in disciplinary action. Any
employee who is unable to report to work must be approved for paid leave
status, unless his accumulated paid leave time has been exhausted, or on
approved leave of absence in accordance with Article XXXVI. Failure on the part
of an employee, absent without leave to return to duty within twenty-four (24)
hours after notice to return, shall be deemed a resignation unless an acceptable
reason is given. Such notice to return shall be sent by registered mail to the
addressee only, return receipt requested, or by courier or telegram. It is the
responsibility of the employee to notify the supervisor and the Human Resources
Division of any change of address or telephone number.
37
ARTICLE XXV
GRIEVANCE AND DISCIPLINARY APPEAL PROCEDURE
A"Grievance" shall be defined as a controversy between the City and the Group
or an employee or employees covered by this MOU solely relating to alleged
violations of written terms of this MOU. An appeal of a disciplinary action,
including suspension, discharge for cause, demotion or disciplinary reduction in
pay, shall initially be submitted at Step 3 and contain a succinct written statement
of the basis of appeal within five (5) working days of the imposition of discipline.
All written responses to a disciplinary appeal will specify reasons for the decision
and inform the employee of the appeal procedure and applicability of Section
1094.6 of the Code of Civil Procedure limiting the time within which legal actions
must be commenced.
There shall be an earnest effort on the part of both parties to settle grievances
promptly through the steps listed below. The employee may request the
assistance of a representative of his own choosing in preparing and presenting a
grievance. Either party to the grievance may invite persons with relevant
information to be present. For purposes of this procedure "working days" refers to
Monday through Thursday, 7:00 AM to 6: 00 PM and excludes weekends and
holidays.
A grievance by a department head shall be submitted in accordance with Step 3.
Step 1: An employee's grievance must be orally discussed with the first line
supervisor immediately in charge of the aggrieved employee within ten (10)
working days after the event giving rise to the grievance, or ten (10) working days
after the date that he should have been reasonably expected to have had
knowledge of the grievance. The supervisor will give his answer to the employee
by the end of the tenth (10th) working day following the presentation of the
grievance and the giving of such answer will terminate Step 1.
Step 2: If the grievance is not settled in Step 1 and the employee wishes to
pursue it further, the grievance will be reduced to writing by the employee, fully
stating the facts surrounding the grievance and/or detailing the specific
provisions of this MOU alleged to have been violated, signed and dated by the
employee and presented to the department head or, in his absence, his designee
within ten (10) working days after termination of Step 1. Written discrimination
allegations must contain a description of the purported discriminatory action and
38
the specific basis which is defined by Federal or State law as discriminatory. A
meeting with the employee, designated representative (if any) and department
head, or in his absence, his designee, may be arranged at a mutually agreeable
location and time to review and discuss the grievance. If scheduled, such
meeting will take place within ten (10) working days from the date the grievance
is received by the department head, or, in his absence his designee. The
department head, or, in his absence his designee, will give a written reply by the
end of the fifth (5th) work day following the date of the meeting, and the giving of
such reply will terminate Step 2.
Step 3: If the grievance is not settled at step 2, the employee may move the
grievance to Step 3 by serving written notice upon the City Manager within ten
(10) working days after receipt of the reply in step 2, or within ten (10) working
days after the reply was due, requesting a meeting. Said meeting shall be
scheduled within (10) working days after receipt of such request. The City
Manager, or in his absence his designee, shall provide the employee with a
written disposition of the grievance within ten (10) ten working days after the
meeting. The City Manager's decision shall be final and binding, except in
disciplinary and discrimination cases as specified below.
Step 4: The employee may seek review by the Personnel Board of the City
Manager's decision in grievance matters by submitting a written request to the
Personnel Department within ten (10) working days from the date of the answer
in Step 3. The Personnel Board may grant an informal hearing and the Board's
role in such matter is advisory only, except that in disciplinary and discrimination
cases, the Board shall grant a hearing and the Board's decision shall be final and
binding.
If any employee has complied with the above steps and requested Personnel
Board review in a disciplinary appeal or discrimination allegation, the Board shall
hold a hearing within thirty (30) days of the request and take such action as it
deems appropriate. It is agreed that neither party shall attempt to influence the
Personnel Board prior to the hearing.
Upon conclusion of any investigation or hearing, the Personnel Board shall,
within ten (10) working days, notify Personnel in writing of its finding and
recommendations. A copy of such finding shall be transmitted to the affected
employee.
All costs of representation resulting from the process shall be borne by the party
incurring them.
No employee shall use City time, staff or materials in the pursuit of a grievance or
in response to a proposed or effected disciplinary action, unless he or she has
obtained prior specific authorization to do so.
39
A grievance or other appeal which is not brought forward within the time limit
provided within each of the sections of this article shall be deemed to have been
waived and settled, unless such time limit is expressly extended by mutual
agreement. Time limits as set forth above may be extended by a mutual
agreement befinreen the parties, but neither party shall be required to do so.
Probationary and hourly employees are excluded from the provisions of this
article.
40
ARTICLE XXVI
BEREAVEMENTLEAVE
In the event of a death in the employee's immediate family, the department head
or City Manager may grant a four (4) day bereavement leave with pay.
"Immediate family" is defined as mother, father or grandparents of employee or
mate; mate; brother, sister, children or grandchildren of employees.
41
ARTICLE XXVII
_ EMERGENCY LEAVE
In the event of an emergency, the City Manager may grant the use of a maximum
of finro (2) days sick leave annually as emergency leave. Application for
emergency leave may be under the following conditions: 1) hospitalization or
illness in immediate family*; 2) death in family not covered by bereavement
leave; and 3) other events which preclude the employee's attendance at work
and which the department head determines constitutes an emergency. If the
department head denies an employee's request for emergency leave, the
employee may request in writing that the City Manager review the request. The
City Manager's decision shall be final.
* Not covered under Labor Code Section 233 / Article XIV, Sick Leave Policy
42
ARTICLE XXVIII
_ JURY DUTY
The City shall compensate a full-time employee who has been called for jury
duty. Compensation shall be at the employee's regular hourly rate pay. The
employee shall remit to the City the amount paid by the courts minus any
mileage reimbursement. Service on a grand jury is specifically excluded from this
Article.
43
ARTICLE XXIX
SERVICE DISABILITY
Under the provisions of the Worker's Compensation Insurance and Safety Act of
California, employees are compensated for injuries sustained in the course of
employment, rendering them unable to perform their duties. The City of Lynwood
provides full salary continuance for sixty (60) calendar days to an employee who
is disabled by injury or illness arising out of and in the course of his duties. Time
off work due to an on-the job injury is not deductible from accumulated sick leave
for the period prior to sixty (60) calendar days. Thereafter, compensation shall be
only as provided in the Worker's Compensation and Safety Act.
Temporary and hourly employees are excluded from the provisions of this Article
relating to salary continuance.
44
ARTICLE XXX
NO STRIKE
A. Prohibited Conduct
Section 1. The Group, its officers, agents, representative and/or members
agree that during the term of this MOU they will not cause or condone any strike,
walkout, slowdown, sick out, or any other job action by withholding or refusing to
perform services.
Section 2. Any employee who participates in any conduct prohibited in Section
1 above, shall be subject to termination by the City.
Section 3. In addition to any other lawful remedies or disciplinary action
available to the City if the Group fails, in good faith, to perform all responsibilities
listed below in B, Section 1, the City may suspend any and all of the rights,
privileges, accorded to the Group under the Employee Relations Resolution in
this MOU including, but not limited to, right of access, check-off, the use of the
City bulletin boards and facilities.
B. Group Responsibilitv
Section 1. In the event that the Group, its officers, agents, representatives, or
members engage in any of the conduct prohibited in A, Section 1, above, the
Group shall immediately instruct any persons engaging in such conduct that their
conduct is in violation of this MOU and unlawful and they must immediately
cease engaging in conduct prohibited in A and return to work.
Section 2. If the Group performs all of the responsibilities set forth in Section
1 above, its officers, agents, representatives shall not be liable for damages for
prohibited conduct performed by employees who are covered by this MOU in
violation of Section 1 above.
45
ARTICLE XXXI
FULL FAITH AND CREDIT CLAUSE
For purposes of administering the term and provisions of the various ordinances,
resolution, rules and regulations which may be adopted by the City pursuant to
this MOU, all resolutions of the City Council, and all existing matters resolved
regarding wages, hours, fringe benefits and other terms and conditions of
employment prior to Myers-Milias-Brown Act in 1968, will remain unchanged and
unaltered except where expressly changed or altered in this MOU. It is agreed
that Management employees retain all benefits previously accrued as
miscellaneous employees.
46
ARTICLE XXXII
SAVINGS CLAUSE
Any resolution of the City incorporating any provisions of this MOU shall provide
that if any provision of this MOU or of such resolution of any kind is at any time or
in any way held to be contrary to any law by any Court of proper jurisdiction, the
remainder of this MOU and the remainder of such resolution shall not be affected
thereby and shall remain in full force and effect.
47
ARTICLE XXXIII
AUTHORIZED AGENTS
For the purpose of administering the provisions of this MOU:
A. The City's principal authorized agent shall be the City Manager or his duly
authorized representative (address: 11330 Bullis Road, Lynwood, CA 90262;
telephone: 310-603-0220), except where a particular Management representative
is specifically designed in connection with the performance of a specific function
or obligation set forth herein.
B. The Lynwood Employees' Management Group's principal authorized
agent shall be the Group's President or his duly authorized representative
(address: 11330 Bullis Road, Lynwood, CA 90262; telephone 310-603-0220)
48
ARTICLE XXXIV
GENDER REFERENCES
As used in this MOU, all references to gender, such as references to "he", "him",
and "his" and references to "they", "them" and "theirs", shall apply equally to both
sexes.
49
ARTICLE XXXV
LAYOFF
The City may separate any employee or class of positions without prejudice,
because of the financial or economic condition of the City, reduction of work or
the necessity for the position or employment no longer exists. The City shall give
such employee not less than thirty (30) days advance notice of separation and
the reason therefore. However, no permanent full-time employee shall be
separated while emergency, seasonal, probationary, part-time or temporary
employees are employed into the same positions according to the needs of the
service as determined by the City.
The conditions of layoff shall be as follows:
1. PROMOTIONAL EXAMINATIONS. For purposes of layoff, all promotional
opportunities will be conducted prior to layoffs proceeding.
2. ORDER OF SEPARATION. The principal criterion used in determining the
order of separation and bumping rights shall be seniority based on the total years
of continuous full-time service and any prior part-time service as calculated on a
pro-rata basis with the City provided the employee presently possesses the skill,
ability and qualifications to perform the job. Layoffs shall be in the reverse order
as hired. That is, the employee in the affected job class with the least total City
service shall be laid off first.
Whenever seniority is equal, the following criteria shall be applied in the
indicated order:
a. Ranking on eligibility list; b. Performance Evaluations; c. Drawing of lots
3. BUMPING RIGHTS. Any full-time employee who has been given notice of lay
off may displace another employee in the same job class with less seniority in the
same job class, or bump to another class in which they formerly held a
permanent appointment and there is an employee with less seniority. It is
understood that an employee seeking to bump into a lower class shall first
occupy any vacant position before displacing an existing employee.
After the City has notified the affected employee of the tayoff and the position
available to the employee, if any, to bump, he/she must notify the Personnel
Officer of his/her intent to exercise the bumping rights within ten (10) calendar
days of the position in the City which they intend to bump, or the bumping rights
shall be barred and waived to the employee. The employee with the least
seniority shall be displaced by the person who is laid off.
50
The employee displaced shall be considered as laid off for the same reason as
the person who displaced him/her and shall in the same manner be eligible to
bump to a position within City in which he/she formally held a permanent
position.
4. APPOINTMENT OF LAID-OFF EMPLOYEES TO LOWER CLASS. Any
employee in a represented job class who is scheduled to be laid off due to lack of
work, lack or funds of elimination of position, may, not later than ten (10)
calendar days after notice of layoff, request to displace ("bump") an employee in
a lower job class within the job series provided the laid off employee has greater
overall City service seniority than the employee in the lower job class and is
qualified by education and/or experience for such a position. If there is more than
one employee who is qualified for such appointment(s) the "bump" shall be
based on seniority with the employee with the highest seniority offered the
position first, then the next highest, etc.
The City Manager shall approve the appointment of an employee who is to
be laid off to a lower class which the employee is qualified without requiring an
examination within the job series. An employee who has not previously served in
the lower class may be required to successfully complete the probationary period
for the class.
If the employee(s) have the same seniority, then the procedure for breaking
ties set forth in this article shall apply.
The employee displaced as a result of being "bumped" shall be considered
as laid off for the same reasons as the person originally displaced and the same
displacement rights shall be afforded.
5. SALARY PLACEMENT. An employee(s) who accept an appointment to a
lower job class as a result of a layoff and/or a displacement ("bump") shall be
placed at the step of the salary range which most closely corresponds to, but in
no case exceeds, the salary step of the previously held position.
51
ARTICLE XXXVI
LEAVE OF ABSENCE
A permanent classified employee may be granted an unpaid leave of absence of
up to thirty (30) days for medical, personal and other reasons. Extensions on
other leave requests may also be granted for successive periods of up to thirty
(30) days each up to a maximum of one hundred-eighty consecutive days unless
otherwise approved by the City Council. Benefits shall not accrue during the term
of an unpaid leave of absence nor does such time count as service time for step
increase, seniority or other purposes. Available compensatory time off and
vacation leave shall be used prior to the commencement of a leave of absence.
The City Manager may approve up to thirty (30) days unpaid leave for personal
leave requests. All other requests for leaves of absence must be submitted in
writing and be approved by the City Council.
Military leave shall be granted as mandated by Federal and State law (See
Article XXI).
Pregnancy leave shall be governed by the Family Care and Medical Leave Policy
(See Article XXII).
Upon expiration of an approved unpaid leave of absence the employee shall be
reinstated in the position held at the time leave was granted. Failure on the part
of an employee on leave to report promptly at the expiration of such leave shall
be cause for discharge.
52
ARTICLE XXXVII
FULL UNDERSTANDING. MODIFICATIONS WAIVER
A. This MOU sets forth the full and entire understanding of the parties
regarding the matters set forth herein, and any other prior or existing
understanding or agreements by the parties, whether formal or informal,
regarding any such matters are hereby superseded or terminated in their entirety.
B. Except as specifically provided herein, it is agreed and understood that
each party hereto voluntarily and unqualifiedly waives its right and agrees that
the other shall not be required to negotiate with respect to any other matters
within the scope of negotiations during the term of this MOU.
C. No agreement, alteration, understanding, variation, waiver or
modification of any of the terms or provisions contained herein shall in any
manner be binding upon the parties hereto unless made and executed in writing
by all parties hereto and, if required, approved and implemented by the City
Council.
D. 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.
53
ARTICLE XXXVIII
RENEGOTIATION
The parties shali use their best efforts to submit new proposals for a successor
MOU by April 1, 2011 and shall begin negotiations by May 1, 2011.
54
ARTICLE XXXIX
TERM
This MOU is to cover said employees for the period from July 1, 2010 through
June 30, 2011.
55
In witness whereof, the parties hereto have caused their duly authorized
representatives to execute this Memorandum of Understanding on
Labor Relations Officer of Lynwood Management
the City of Lynwood/A Barlgaining G
Munici o oration
B BY
�
�
Dated this , d Date this � day of
, 2010 , 2Q10
Assistant City Manager Lynwood Management
of the City of Lynwood Ba ining Group
BY
Dated this �� day of Dated this 6�7iay of
�%�`� , 2010 ��'r�� , 2010
City Manager of the Lynwood Management
City of Lynwood Bargaining Group
1
BY gY �—
Dated this !� day of Dated this �P d y of
��`°'�!" , 2010 OG1 , 2010