HomeMy WebLinkAbout09. DCEA Misc MOU 2010-12
AGENDA MEMO
DATE:
April 26, 2011
TO:
Mayor and Members of the City Council
FROM:
Office of the City Manager
By: Irma Youssefieh, Human Resources Director
SUBJECT: ADOPTION OF MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES’
ASSOCIATION – MISCELLANEOUS UNIT
RECOMMENDATION
Staff requests the City Council adopt the attached resolution:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY
AND THE DOWNEY CITY EMPLOYEES’ ASSOCIATION – MISCELLANEOUS UNIT
(November 1, 2010 – March 31, 2012)
DISCUSSION:
Staff has reached agreement with the Downey City Employees’ Association –
Miscellaneous Unit. This Association represents 114 positions (93 of which are
currently filled). The term of Agreement is from November 1, 2010 to March 31, 2012.
There are no changes in salary or employee benefits. In addition, the Memorandum of
Understanding (MOU) contains the following new provisions:
1. Agreement to implement the 2% @ 60 second tier retirement formula for newly
hired employees with the employee paying the full seven percent (7%) member
contribution.
2. Agreement to increase the Kaiser Medical Plan co-pay from $5 to $10.
3. Agreement for the City to only provide the Kaiser Permanente HMO Medical Plan
(“Kaiser Medical Plan”) to an employee hired on or after the adoption of the
MOU.
Item #1 and #2 shall take effect as soon as practicable once the City has reached
agreement with all affected bargaining units to implement these benefit changes.
Other non-substantive changes have been made in the MOU to update or clarify
contract provision(s). The 17-month contract has been ratified by the Association
membership. The intention of this new Agreement is to avoid increased labor costs and
to maintain current pay and benefits for existing employees during a period of an
uncertain economy.
CITY OF DOWNEY, CALIFORNIA
The new MOU is a product of a labor negotiation process involving the Downey City
Employees’ Association – Miscellaneous Unit and representatives of City management.
This process was completed in accordance with State law and the City’s Personnel
Rules and Regulations.
FISCAL IMPACT
None
S:/Agenda Memos.CC.2010-11/DCEA Misc.Unit.MOU.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY
AND THE DOWNEY CITY EMPLOYEES’ ASSOCIATION – MISCELLANEOUS UNIT
(November 1, 2010 – March 31, 2012).
WHEREAS
, the City has met its obligation to meet and confer pursuant to the Myers-
Milias-Brown Act and Employee Relations Ordinance No. 1118; and
WHEREAS
, the City and the Association have reached agreement; and
WHEREAS
, the City and the Association have memorialized the agreement in a written
Memorandum of Understanding.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS
:
SECTION 1.
The Memorandum of Understanding between the City of Downey and the
Downey City Employees’ Association – Miscellaneous Unit, attached hereto, is hereby approved
in substantially the form thereof together with any additions thereto or changes therein deemed
necessary or advisable by the City Manager.
SECTION 2.
The Human Resources Director is authorized to sign the Memorandum of
Understanding.
SECTION 3.
The City Clerk shall certify to the adoption of this Resolution.
th
APPROVED AND ADOPTED
this 26 day of April, 2011.
________
LUIS H. MARQUEZ, Mayor
ATTEST:
JOYCE E. DOYLE, Interim City Clerk
I HEREBY CERTIFY
that the foregoing Resolution was adopted by the City Council of the
th
City of Downey at a regular meeting held on the 26 day of April, 2011 by the following vote,
to wit:
AYES: Council Members:
NOES: Council Member:
ABSENT: Council Member:
ABSTAIN: Council Member:
________________________
JOYCE E. DOYLE, Interim City Clerk
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF DOWNEY
AND
THE DOWNEY CITY EMPLOYEES' ASSOCIATION -
MISCELLANEOUS UNIT
November 1, 2010 - March 31, 2012
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY
AND
THE DOWNEY CITY EMPLOYEES' ASSOCIATION -
MISCELLANEOUS UNIT
(TOC to be updated prior to print)
ARTICLE NO. TITLE OF ARTICLE PAGE NO.
I RECOGNITION 1
II NON-DISCRIMINATION 1
III BASIC COMPENSATION PLAN 1
Sec. 1 - Salary Increases/ Adjustments 1
Sec. 2 - Plan of Salary Schedules 2
Sec. 3 - Eligibility for Merit Salary Advancement 2
Sec. 4 - Salary Schedule Step Reduction 3
Sec. 5 - Merit Longevity 3
Sec. 6 - Eligibility for Promotion Increases 3
Sec. 7 - Acting Pay 4
Sec. 8 - Out-Of-Class Pay 4
Sec. 9 - Bilingual Pay 4
Sec.10- Supervising Librarian Pay 4
Sec. 11-Cemetery Dist. Coordinator Assignment Pay 4
Sec. 12-Water Systems Operator Certificate Pay 4
Sec. 13-Hazardous Materials/ Fire Inspector 5
IV WORK WEEK 5
Sec. 1 - Work Week 5
Sec. 2 - Voluntary Reduction of Full Time Hours 6
V OVERTIME (COMPENSATORY TIME) 6
Sec. 1 - Compensation for Overtime 6
Sec. 2 - No Pyramiding 6
Sec. 3 - Discouragement of Overtime 6
Sec. 4 - When Absent from Duty 6
Sec. 5 - Overtime 7
Sec. 6 - Ineligibility 7
VI COMPENSATION FOR SPECIAL CALL-IN 7
VII HOLIDAYS 7
VIII VACATION 8
i
IX LEAVES OF ABSENCE 9
Sec. 1 - Leaves of Absence 9
Sec. 2 - Written Notice of Intent to Return 9
Sec. 3 - Outside Employment While on Leave 9
Sec. 4 - Sick Leave 9
Sec. 5 - Emergency Leave 11
Sec. 6 - Personal Leave 11
Sec. 7 - Workers' Compensation Injury on Duty 11
Sec. 8 - Employee Disability Leave 12
Sec. 9 - Military Leave 12
Sec. 10 - Jury Duty 13
Sec. 11 - Maternity Leave 13
Sec. 12 - Family Leave 13
X FRINGE BENEFIT ADMINISTRATION 13
XI HEALTH, DENTAL AND LIFE INSURANCE 14
Sec. 1 - Medical Insurance 14
Sec. 2 - Dental Insurance 14
Sec. 3 - Life Insurance 14
Sec. 4 - Long Term Disability Insurance 14
XII RETIREMENT 15
Sec. 1 - PERS Coverage 15
Sec. 2 – Survivor/ Death Benefits 15
Sec. 3 - Employee's PERS Contribution 15
Sec. 4 - Retiree Medical Annuity 15
XIII TUITION REIMBURSEMENT 16
XIV PROBATIONARY PERIOD 17
XV SENIORITY 17
XVI CITY RIGHTS 18
XVII EMPLOYEE ORGANIZATION RIGHTS AND 20
RESPONSIBILITIES
Sec. 1 - Agency Shop Agreement 20
Sec. 2 - Dues Deductions 23
Sec. 3 - Release Time for Meet and Confer 23
XVIII NO STRIKE - NO LOCKOUT 23
ii
H:/PERSNNL/MOU/DCEA.MISC.2010-2012.04-26-11
XIX GRIEVANCE PROCEDURE 24
Sec. 1 - Grievance 24
Sec. 2 - Conduct of the Grievance Procedure 24
Sec. 3 - Grievance Procedure Steps 24
XX MISCELLANEOUS 25
Sec. 1 - Substance Abuse Policy 25
Sec. 2 - DOT Controlled Substance and
Alcohol Testing Program 27
Sec. 3 - Labor Management Committee 28
Sec. 4 - Transfer Rights 28
Sec. 5 - Rest Periods/Breaks 28
Sec. 6 - Survey 28
XXI SOLE AND ENTIRE MEMORANDUM
OF UNDERSTANDING 28
XXII WAIVER OF BARGAINING DURING TERM OF 29
THIS AGREEMENT
XXIII EMERGENCY WAIVER PROVISION 29
XXIV SEPARABILITY 29
XXV TERM OF MEMORANDUM OF UNDERSTANDING 29
XXVI RATIFICATION AND EXECUTION 30
Exhibit A CLASSIFICATIONS REPRESENTED BY ASSOCIATION 31
Exhibit B JOB FAMILIES 33
iii
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY
AND
THE DOWNEY CITY EMPLOYEES' ASSOCIATION -
MISCELLANEOUS UNIT
ARTICLE I
RECOGNITION
Pursuant to the provisions of the Employee Relations Ordinance of the City of Downey,
the City of Downey (hereinafter called the "City") has recognized the Downey City Employees'
Association (hereinafter called the "Association") as the recognized majority representative of all
full-time employees and part-time employees (who work an average of 30 hours per week)
covered in the classifications listed on Exhibit A. The City has recognized the Association for
the purpose of meeting its obligations under the Meyers-Milias-Brown Act, Government Code
Section 3500 etc. seq. and the Employee Relations Ordinance of the City when City rules,
regulations or laws affecting wages, hours or other terms and conditions of employment are
amended or changed.
ARTICLE II
NON-DISCRIMINATION
Section 1
. The parties mutually recognize and agree to protect the rights of all
employees hereby to join and/or participate in protected Association activities or to refrain from
joining or participating in protected activities in accordance with the Employee Relations
Ordinance and Government Code Sections 3500 and 3511.
Section 2.
The City and the Association agree that they shall not discriminate against
any employee because of race, color, sex, marital status, age, national origin, political or
religious opinions or affiliations. The City and the Association shall reopen any provision of this
Agreement for the purpose of complying with any final order of a federal or state agency or court
of competent jurisdiction requiring a modification or change in any provision or provisions of this
Agreement in compliance with state or federal anti-discrimination laws.
Section 3.
Whenever the masculine gender is used in this Agreement, it shall be
understood to include the feminine gender.
Section 4.
The City and the Association agree to comply with applicable federal and
state laws and regulations regarding the employment of the handicapped.
ARTICLE III
BASIC COMPENSATION PLAN
1
Section 1. Salary Increases.
A.
There are no salary increases scheduled for represented classes during the term of
this Memorandum of Understanding.
B. Re-Opener.
Should the City grant a salary increase or increase to benefits to the
DCEA Maintenance Unit or the Downey Public Safety Auxiliary Association during
the term of this Agreement and the Association requests to meet, the City agrees to
meet and confer over the salary and/or benefit increase issue only.
Section 2. The Plan of Salary Schedules.
A. Description of Schedules.
The pay plan consists of a set of monthly/hourly pay
schedules. Each schedule is designated by a schedule number. Each schedule consists of five
(5) steps of monthly/hourly compensation, each of which is designated by step letter.
B. Hourly Equivalent Calculation.
For payroll purposes, the hourly equivalent of a
monthly rate shall be computed by dividing the monthly rate by 173.333 hours worked per
month (40 hours per week times 52 weeks in a year divided by 12 months in a year).
Section 3. Eligibility for Merit Salary Advancement.
A. Eligibility for Salary Step Increases.
1. Salary step increases shall be considered on a merit basis only, and then only at
the following times, and in accordance with subsection B below.
2. All full time appointments shall be made at the first step of the salary schedule
assigned that class, unless prior written approval of the City Manager is obtained
for appointments at a higher step in the assigned schedule.
3. No salary advancements shall be made so as to exceed the maximum rate
established in the salary schedule for the class to which the employee's position is
allocated.
B. Qualification for Salary Step Advancement.
1. Advancement shall not be automatic but, shall be based upon merit, dependent
upon increased service value of an employee to the City as exemplified by
recommendations of his supervisor, length of service, performance record, special
training undertaken, and other objective evidence.
2. Only employees rated as meeting the standard of work performance expected of
City employees shall be qualified to advance to the salary steps B, C, D and E.
3. If an employee does not receive a merit increase as a result of the performance
evaluation, the employee may appeal through the grievance procedure.
2
C. Merit Evaluation.
1. Every employee shall receive an objective, written job performance rating, no
sooner than three (3) weeks before, no later than five (5) working days before the
date of eligibility for each salary step, merit longevity or hourly increase, and
annually thereafter, and upon a change of employment status. Nothing in this
Section shall prohibit the department head or authorized supervisor from giving an
additionalobjective rating to an employee between those periods of time
described in this Section.
2. It shall be the duty of the department head to delegate the responsibility of every
employee’s rating to that level of supervision having immediate knowledge of the
employee's work. An employee shall be rated by his immediate supervisor and
that rating shall be reviewed by the department head.
Section 4. Salary Schedule Step Reduction.
Whenever an employee's work
performance falls below the level for which a step increase was granted, an employee's
authorized pay may be reduced to the employee's previous step rate under written procedures
established by the City for demotions and reduction in pay.
Section 5. Merit Longevity.
A. Eligibility for Merit Longevity.
Upon approval of the appointing power, permanent
employees who have completed ten (10) continuous years of service may receive merit
longevity pay provided that:
1. The employee has maintained eligibility for salary Step E and,
2. The employee has been evaluated in the tenth year as "meets standards" as
defined by a comprehensive rating at or above the middle column of the current
reporting form, or the equivalent rating on any revised reporting form. Eligible
employees shall be paid, in addition to their respective regular rate of pay, a
percentage amount equal to the next pay step above their base rate (5.5%);
and after twenty (20) years, the percentage amount shall equal to one and
one-half (1-1/2) pay steps (8.25%) above their regular rate of pay.
B.Qualification for Merit Longevity.
Merit longevity is to be provided as continuing
incentive to career employees. Such payment shall continue with approval of the City Manager,
only during such period as an eligible employee continues to "meets standards" as defined
above, and shall be terminated by the City Manager when the quality of service, as evidenced
by the performance rating of such employee, does not merit such additional compensation.
Section 6. Eligibility for Promotion Increases.
A. Any employee receiving a promotion shall receive a salary increase equivalent to one
pay step (5.5%), or shall be placed on the first step of the salary schedule for the class to which
he is promoted, whichever is greater.
B. Any employee receiving a promotion who would otherwise have been eligible to
3
receive a merit increase within sixty (60) days of the effective date of such promotion, shall be
granted the merit increase prior to the application of provision A of this Section.
Section 7. Acting Pay.
An employee who has been designated by the City to serve in
an acting capacity for sixty (60) consecutive work days or more shall receive Step A of the pay
range for the classification in which the employee is performing active duties, or five and one-
half percent (5.5%), whichever is greater. Service in an acting capacity shall not be used as a
basis for, or in support of, a request for reclassification.
Section 8. Out-Of-Class Pay.
The City may temporarily assign employees to work out
of classification. The selection of employees for an out-of-classification assignment shall be at
the discretion of the department head or designee. A temporary out-of- class pay differential of
five and one-half percent (5.5%) shall be authorized with advance approval by the Department
Head when an employee is designated and scheduled to work in an out of class assignment.
Paid holidays shall be considered as days actually worked. Other forms of authorized leave
such as sick leave, emergency leave and vacation shall not be considered as days actually
worked.
Section 9. Bilingual Pay.
Effective October 30, 2000, employees required to speak or
translate Spanish as part of their regular duties will be compensated forty-six dollars and fifteen
cents ($46.15) per biweekly pay period in addition to their regular rate of pay. The Assistant City
Manager has the authority and discretion to assign and/or remove this bonus up to budget
authority. To be eligible for this assignment, the employee must pass a conversational
examination administered by a certified interpreter or an employee who has been certified by
the Human Resources Director to administer such examination. Employees must recertify at
least every eighteen (l8) months to maintain eligibility.
Section 10.Supervising Librarian Assignment Pay.
Effective July 22, 1997, the City
Librarian, with the approval of the Director of Community Services, shall have the authority and
discretion, up to budget authority, to designate and/or remove any Librarian who is performing
supervisory duties as a “Supervising Librarian”. The City Librarian will have the authority to
establish job requirements and duties for “Supervising Librarian”. A Librarian designated and
assigned as a “Supervising Librarian” shall receive eight and one-quarter percent (8.25%) per
pay period as additional compensation above their regular rate of pay while assigned as a
Supervising Librarian. The Association and its members understand, agree, and acknowledge
that should a Librarian transfer and discontinue “supervising” that the discontinuance of this
assignment pay does not constitute a punitive action. The City and Association agree that a
Librarian who is removed from the supervising assignment shall be entitled to grieve the
removal, but, in no instance shall be allowed to grieve beyond “Step Three” of the grievance
procedure contained in this Memorandum of Understanding.
Section 11. Cemetery District Coordinator Assignment Pay.
Effective February 23,
2009, the Executive Secretary designated as Cemetery District Coordinator by the Director of
Community Services shall receive eight percent (8.0%) above the regular rate of pay as
additional compensation while assigned. The Association and the City understand,
acknowledge, and agree that this additional compensation shall only apply while the duties of
Cemetery District Coordinator are assigned to the Executive Secretary. The Association and
the City further agree that this special pay shall end when the current designee terminates
4
employment with the City, vacates the position of Executive Secretary, or the Community
Services Department is no longer assigned Cemetery District duties.
Section 12.Water System Operator Certificate Pay.
Effective August 30, 2004
specified employees, who are assigned to the Water Division, shall receive additional
compensation at the following rates of pay upon attainment of the following California
Department of Health Services Distribution System Classification and Treatment Facility
Classification certificate(s).
A.Effective February 2006, employees who are assigned to the Water Division and who
maintain a D1 and/or T1 certificate shall be eligible for Certificate Level One Pay at the rate of
seventy-five dollars ($75.00) per month.
B. Effective February 2006, employees who are assigned to the Water Division who
maintain a D2 and/or T2 certificate or above shall be eligible for Certificate Level Two Pay at
the rate of two hundred twenty-five dollars ($225.00) per month.
C. Employees are entitled to receive only one level of Certificate Pay.
D. No additional compensation shall be granted for certificates at higher levels (e.g.
D3/D5 and/or T3/T5).
E. Employees shall immediately notify their supervisor if they have lost their certification
for any reason. Failure to maintain the appropriate certificate will result in the loss of certificate
pay as well as additional appropriate personnel action.
Section 13. Hazardous Material/Fire Inspector.
Effective July 2, 2007, the pay range
for the position is to be adjusted and maintained at a minimum of five and one-half percent
(5.5%) above top step of the designated pay range for the position of Fire Engineer (40-Hour).
In addition to regular compensation, an employee in the position shall be eligible to receive the
following special compensation: Two hundred dollars ($200.00) each year for uniform
purchases and twenty dollars ($20.00) per month for uniform and accessory maintenance and
five and one-half percent (5.5%) above their regular rate of pay for a valid Fire Inspector
certification Level I or II.
ARTICLE IV
WORK WEEK
Section 1. Work Week.
The regular work week for all employees covered by this
Agreement shall be forty (40) hours per week.
A. The 9/80 schedule provides eighty (80) hours of scheduled work in a two-week cycle:
(1) one week the employee works four 9-hour days and one 8-hour day; (2) the other week
consists of four 9-hour work days with one day off. The "work week" for FLSA overtime
purposes shall be established as four hours into the shift of the 8-hour day. Management shall
maintain the right to schedule employee’s workdays, start and end times, establishing FLSA
"work weeks", etc.
5
B. Employees with hardships may request to their department head to stay on the five
8-hour days per week work schedule. If the request is denied, the Association and City agree
that the only appeal shall be to the Assistant City Manager. The decision of the Assistant City
Manager shall be final with no further appeal.
C. Management shall retain the right to modify the work schedule, including but not
limited to, returning to a schedule of five 8-hour days per week (40 hours per week); provided
that the City gives written notice to the Association and employees at least twelve (12) weeks
prior to implementing the change.
Section 2. Voluntary Reduction of Full Time Hours.
A. A department head may grant a request from a full time employee to reduce their
work hours below forty (40) hours in a "work week." Employees may request reductions of up
to, but not to exceed, sixteen (16) hours in a two-week pay period. This Section shall not apply
to employees who request reductions of more than sixteen (16) hours in a two-week pay
period.
B. Employees who participate in this voluntary program shall maintain their status of "full
time" with all the normal rights and privileges that status holds unless specifically altered by this
Section.
C. Employees who are granted a reduction shall have salary reduced in proportion to
the reduced hours or shall be paid for the actual hours worked.
D. The City shall continue contributions to medical benefits as outlined in this
Memorandum of Understanding.
E. Leave time benefits such as vacation, sick leave, and holidays shall be reduced in
proportion to the hours worked.
F. All approved programs shall begin on the first Monday in the month that begins a
two-week pay period. Employees approved for this program shall be required to remain on the
reduced work schedule for at least two full pay periods. Employees shall only make two
requests/changes per fiscal year.
G. Nothing in this Section shall diminish management rights to schedule working hours,
starting times, the number of hours worked, nor right to refuse requests, nor other rights as
previously reserved.
ARTICLE V
OVERTIME (COMPENSATORY TIME)
Section 1. Compensation for Overtime.
All approved overtime worked by an
employee in excess of forty (40) in the employee's work week shall be paid at the rate of time
and one-half (1 ½) the employee's regular hourly rate of pay.
6
Section 2. No Pyramiding.
There shall be no "pyramiding" of overtime, which means
that employees shall not be compensated more than once for the same hours under any
provision of this Agreement.
Section 3. Discouragement of Overtime.
It is the policy of the City that overtime work is to
be discouraged. However, in cases of emergency or whenever public interests or necessity
requires, any department or division head may require any employee in such department or
division to perform overtime work. The projects and types of work for which overtime may be
authorized shall be approved in advance by the City Manager, except in the event of
emergency, overtime is authorized by the department head or his designate.
Section 4. When Absent From Duty.
In the event an employee is absent from duty
whether for vacation, compensatory time, or sick leave for a period exceeding five (5) work
days, overtime during that work cycle will not be paid.
Section 5. Overtime.
Overtime may be compensated in compensatory time off or
money. Employees who are assigned to work overtime shall have the right to be paid money,
unless the form of compensation has been discussed in advance. Management may inform
employees prior to the performance of the work that only compensatory time is available. In
this instance, employees shall have the right to refuse the overtime assignment.
Section 6. Ineligibility.
Employees in the classification of Principal Planner are
ineligible to receive overtime compensation of any type.
ARTICLE VI
COMPENSATION FOR SPECIAL CALL-IN
Section 1.
Employees covered by this Agreement, "called in" to perform work on an
unscheduled basis, other than those normally required for the employee's employment shall
receive and be paid for a minimum of two and six-tenths (2.6) hours at the overtime rate of time
and one-half. Employees shall be entitled to call-in pay in the event the employee is required to
report back to work after completing the employee's normal work shift, left City premises, and/or
the employee's work location. Hours worked in excess of the two and six-tenths (2.6) hour
guarantee shall be counted toward the computation of overtime pay.
Section 2.
If an employee is called in for two and six-tenths (2.6) hours or less before
the start of the regular work shift, such employee shall not be given the two and six-tenths (2.6)
hour guarantee.
ARTICLE VII
HOLIDAYS
Section 1.
Effective February 10, 2009, employees covered by this Agreement shall be
compensated for the employee’s regularly scheduled work shift by receiving holiday pay for the
following City recognized holidays:
1. New Year's Day
7
2. Martin Luther King’s Birthday
3. Washington's Birthday (President's Day)
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veteran’s Day
8. Thanksgiving Day
9. Day after Thanksgiving
10. Day before Christmas
11. Christmas Day
When a holiday falls on a weekday that is an employee's regular day off, the employee
shall receive eight (8) hours of compensatory time at straight time.
Section 2.
When a holiday falls on a Saturday, the Friday preceding will be observed as
the holiday. When a holiday falls on a Sunday, the following Monday shall be observed as the
holiday. When Christmas Day falls on a Saturday, the day before Christmas shall be observed
on the previous Thursday. When Christmas Day falls on a Monday, the day before Christmas
shall be observed on the previous Friday.
Section 3.
When an employee works on a holiday, the employee shall receive holiday
pay at eight (8) hours of straight time pay at the regular rate of pay together with pay for each
hour worked on the holiday.
Section 4.
Should one of the holidays listed above fall during the employee's vacation
period, the employee shall receive holiday pay and no charge shall be made against the
employee's accumulated vacation.
Section 5.
Part-time employees who are employed in classifications listed in Exhibit A
and have been employed by the City for three years, are enrolled in the California Public
Employee’s Retirement System, and have a work schedule of over thirty hours per week on a
regular and consistent basis, will receive seventy-five percent (75%) of this leave benefit (6
hours per holiday).
ARTICLE VIII
VACATION
Section 1.
Full-time employees covered by this Agreement shall accrue paid vacation
leave on the following scheduled basis:
Year of Service Hours Per Year Monthly Accrual
0 - 3 80 6.7 Hrs.
4 - 5 96 8.0 Hrs.
6 - 10 120 10.0 Hrs.
11 - 15 136 11.3 Hrs.
16+ 160 13.4 Hrs.
8
Part-time employees who meet the criteria set forth in Article VII. Section 5, shall accrue paid
vacation leave on the following scheduled basis:
Years of Service Hours Per Year Monthly Accrual
0 - 3 60 5.0 Hrs.
4 - 5 72 6.0 Hrs.
6 - 10 90 7.5 Hrs.
11 – 15 102 8.5 Hrs.
16+ 120 10.0 Hrs.
Section 2.
Vacation shall be taken at the convenience of the City with the approval of
the department head. Where possible, such vacation should be taken annually and not
accumulated from year to year. All eligible employees, however, shall be allowed to accumulate
two (2) years allowance of vacation. If the employee is prohibited by the supervisor from taking
vacation because of manpower shortages or operational needs, the employee shall be paid all
vacation in excess of two (2) years at the employee’s regular rate of pay at the time of the pay-
off.
Section 3.
When an employee who has become entitled to receive vacation under this
Article separates from City service either by retirement, permanent layoff or termination, the
employee shall be entitled to be paid for unused earned vacation at the regular rate of pay in
effect at the time of separation.
Section 4.
Vacation shall be accrued on a monthly basis by dividing twelve (12) into the
number of eligible vacation hours per year, as set forth in Section 1 of this Article, to which the
employee is eligible to receive based upon the employee's years of service with the City.
ARTICLE IX
LEAVES OF ABSENCE
Section 1. Leaves of Absence.
The City Manager may grant a permanent employee a
leave of absence for a specific purpose, without pay, for a period not to exceed up to one (1)
year. The City Council may grant a permanent employee a leave of absence for a specific
purpose, with pay, not to exceed one (1) year. No such leave shall be granted except upon
written request of the employee. Approval shall be in writing and a copy filed with the Human
Resources Office of the City. Upon expiration of a regularly approved leave, the employee shall
be reinstated in the position held at the time leave was granted. The employee shall report
promptly upon the expiration of any leave granted. Failure to report within a twenty-four (24)
hour period after expiration of leave shall be considered a voluntary resignation. Except as may
be provided by law, no employment or fringe benefits such as, but not limited to, sick leave,
vacation, health insurance, retirement or any other benefit shall accrue to any employee during
leave of absence without pay. An employee on approved leave may elect to pay the premiums
due in order to maintain health insurance benefits during the term of such leave.
Section 2. Written Notice of Intent to Return.
An employee on leave of absence
must give the City at least seven (7) days written notice of the employee's intent to return to
work.
9
Section 3. Outside Employment While On Leave.
An employee who engages in
outside employment during said leave of absence shall be subject to termination. Any
employee who falsifies a reason for the request for said leave of absence or any extension of
such leave of absence may be terminated for falsifying such request.
Section 4. Sick Leave.
A. Sick leave shall be defined as absence from duty because of illness or off the job
injury, or exposure to contagious diseases as evidenced by certification from an accepted
medical authority.
B. Sick leave shall be accrued by covered employees at the rate of eight (8) hours per
month. Part-time employees who meet the criteria set forth in Article VII, Section 5, shall accrue
sick leave at the rate of six (6) hours per month. Sick leave shall not be considered as a
privilege that an employee may use at his discretion but shall be allowed only in cases of
necessity and actual sickness or disability. Unused sick leave shall be accumulated without
limitation.
C. In order to receive compensation while absent on sick leave, the employee shall notify
a designated supervisor within two (2) hours of the time set for beginning duty, unless
notification is physically impractical. For any such absence, the employee shall file a written
statement with the City Manager stating the cause of the absence. When the absence is for
more than one (1) work day and if there is reasonable cause to indicate abuse of sick leave, the
department head concerned may require a physician's certificate stating the cause of absence
before said leave shall be approved by the City Manager.
D. The right to benefits under the sick leave plan shall continue only during the period
that the employee is employed by the City. This plan shall not give any employee the right to be
retained in the service of the City, or any right of claim to sickness disability benefits after
separation from the services of the City.
E. Notwithstanding anything contained in this Section, no employee shall be entitled to
receive any payment or other compensation from the City while absent from duty by reason of
injuries or disability received as a result of engaging in employment other than employment by
the City, for monetary gain or other compensation, or by reason of engaging in business or
activity for monetary gain or other compensation other than business or activity connected with
City employment.
F. At the written request of the appointing authority, the City Manager may require an
employee to submit to an examination by the City's physician, and if the results of the
examination indicate the employee is unable to perform his duties, or in the performance of his
duties, exposes others to infection, the employee shall be placed on sick leave without privilege
of reinstatement until adequate medical evidence is submitted that the employee is competent
to perform his duties or will not subject others to infection. Any employee so examined shall
have the right to submit the reports of a competent medical authority of his own selection, and at
his own expense, in addition to the report submitted by the City's physician. In the event of a
conflict of opinion and/or recommendation of the two physicians, a third physician shall be
selected by the first two physicians and the final decision shall be made by the City Manager,
who may seek the advice of the Personnel Advisory Board of the City.
10
G. Sick Leave Conversion on Retirement or Death.
1. Effective November 15, 2008, one hundred percent (100%) of an employee’s
unused accumulated sick leave shall be deposited into the City Retirement
Savings Plan to be used for eligible medical expenses, provided that the
maximum number of hours that will be deposited is nineteen hundred (1,900).
H. In the event of a permanent or indefinite layoff, an employee with ten (10) years of
continuous service with the City shall be entitled to the above benefit. If such employee resigns
after receiving official notification of his impending layoff, he shall be eligible for the above
benefit.
I. Accrued sick leave shall be valued for the purposes of Section G above,
on the following basis:
1. Sick leave earned prior to June 30, 1974 shall be calculated at the rate prevailing
at the end of the fiscal year in which it was earned.
2. Sick leave taken shall be deducted from the oldest, lowest value accrued sick
leave first, provided, however, when an employee takes sick leave, the employee
shall receive for each day of sick leave one (1) day’s pay at the employee's rate
of pay in effect at the time of taking sick leave. For covered employees hired
prior to June 30, 1974; and/or retirees with twenty (20) years of City service; or
retirees with a physical disability, or a psychological disability resulting from a
direct consequence of a violent act, sick leave shall be converted at the
prevailing rate.
J. Employees who become entitled to accrue sick leave allowance which has not been
used, may convert each two (2) hours of accumulated sick leave to one (1) hour of vacation,
after having accumulated six hundred and forty (640) hours of sick leave and providing that not
more than forty (40) hours of additional vacation may be so converted in any one (1) fiscal year.
Section 5. Emergency Leave.
A. Any employee who is absent from work by reason of attendance upon members of
the immediate family whose incapacitation requires the care of such employee, or death in the
immediate family of the employee, may be allowed emergency leave with pay, not to exceed six
(6) work days per incident on the basis of one-half (1/2) work day for each month of regular
employment, that is deducted from accumulated sick leave, not to exceed twelve (12) work days
per year. Immediate family shall include, and be limited to, mother, father, grandparents,
brother, sister, spouse or child of any eligible employee or of the spouse of the employee of the
City.
B. For absences under this Section exceeding a total of three (3) working days in any
six-month (6) period, a physician's certificate verifying the family's incapacitation leave basis
may be required by the City Manager or department head.
11
C. All such claims for emergency leave are subject to verification by the City Manager.
Section 6. Personal Leave.
With approval of the department head, forty-eight (48) hours per
year of an employee's sick leave may be used on personal matters which are of an unseen
combination of circumstances which call for immediate action. Such matters shall be
considered as those events or occurrences that a reasonable prudent person would not or could
not postpone to a subsequent time. The nature of the matter shall be explained to the
immediate supervisor and shall be granted with his approval. Such personal leave shall not be
cumulative from year to year.
Section 7. Workers' Compensation Injury On Duty (IOD).
A. When an employee is absent from work by reason of an injury or illness covered by
Workers' Compensation, the City will pay the difference between the amount granted pursuant
to the Workers' Compensation Act and the employee's regular rate of pay for up to one year.
Employees who are covered by this Agreement and are hired after May 13, 1997 and are
absent from work by reason of an injury or illness covered by Workers’ Compensation, the City
will pay the difference between the amount granted pursuant to the Workers’ Compensation Act
and eighty-five percent (85%) of the employee’s regular rate of pay for up to six months (twenty-
six pay periods). Thereafter, the employee will be paid the amount required by the Workers’
Compensation Act.
B.
Reclassification of Injured Worker. If in the opinion of the City, an employee has been
found to be permanently physically incapable of performing the duties of the currently held position,
the City may place the employee into another vacant position of equal level or lower within the
Association, provided such placement is approved by the appointing authority. Nothing herein shall
be construed to prevent such employee from applying for and competing for positions of a
higher class or positions represented by other bargaining units.
Section 8. Employee Disability Leave.
A. An employee that has at least one year of continuous service with the City and
who has exhausted all accrued leave (vacation, sick leave, compensatory time) due to non-
industrial illness or injury can be advanced sick leave time at the rate of seventy-five percent
(75%) of the employee’s regular salary according to the following table:
Maximum Time Allowance (Hours)
Years of Service Total Hours
1 through 5 360
6 through 10 544
Over 10 720
B. An application for disability leave shall be made by the employee to the City
Manager or his designee through the department head, accompanied by medical certification
from a physician verifying the period of medical disability.
12
C. After the employee returns to work from disability leave, the employee’s sick
leave accrual shall be reduced to four (4) hours per month and placed on a reimbursement
schedule with the Payroll Office to reimburse the City the value of the time used for such
employee disability leave. The employee may contribute vacation to accelerate employee's
reimbursement to the City for providing the benefits under this Article.
D. No employee shall receive more than the "Total" set forth above for his length of
service, during his entire employment with the City.
E. Grounds for termination of disability leave by the City Manager or his designee
shall include, but not be limited to, the following reasons:
The employee has recovered from his illness or injury.
The leave is being used as a pre-retirement leave for purpose of postponing
retirement or pension.
3. The disability leave was procured by fraud, misrepresentation or mistake.
4. The employee has not cooperated fully in supplying all information and
submitting to any examination requested by the City to determine the existence
or continuing nature of the employee's disability.
F. In the event an employee becomes ineligible to accrue sick leave or is scheduled to
end employment with the City and has not completed the reimbursement schedule for this
benefit, the balance due shall be handled by payroll deduction or accounts receivable as
applicable.
Section 9. Military Leave.
Military leave shall be granted in accordance with the
provisions of state and/or federal law. All employees entitled to military leave shall give the
appointing power an opportunity within the limits of military regulations, to determine when such
leave shall be taken.
Section 10. Jury Duty.
Effective August 1, 1991, the City will not provide any paid
release time for jury duty to employees in classifications represented by the Association. If the
State and/or Federal Court Jury Commissioners rescind their present policy of granting
exemptions from jury service to persons who do not receive paid release time from their
employers, so as to require jury service despite the absence of such pay from their employer,
then the City's practice of providing paid release time to employees for jury duty shall be
reinstated immediately upon the effective date of such change for the applicable State and/or
Federal Court.
A. In the event that an employee is called for jury duty and wishes to serve, accrued
vacation leave, compensatory time or a leave of absence without pay shall be granted subject to
the scheduling requirements of the City.
B. In the event that the court fully reimburses the City for the full salary of an employee
on jury duty, the City will immediately reinstate the practice of providing paid release time to
employees for jury duty.
13
C. In the event that an employee is called for jury duty and the court does not excuse
jury service based on the non-payment of salary by the employer, the City shall grant said
employee paid release time for the required jury duty.
Section 11. Maternity Leave.
The City agrees to comply with the State maternity leave
law. Administrative Regulation No. 418 is by reference incorporated herein.
Section 12. Family Leave.
The City agrees to comply with the State and Federal
family leave laws. Administrative Regulation No. 430 is by reference incorporated herein.
ARTICLE X
FRINGE BENEFIT ADMINISTRATION
Section 1. Administration.
The City reserves the right to select the insurance carrier
or administer any fringe benefit programs that now exist or may exist in the future during the term
of this Agreement.
Section 2. Selection and Funding
. In the administration of the fringe benefit
programs, the City shall have the right to select any insurance carrier or other method of
providing coverage to fund the benefits included under the terms of this Agreement, provided
that the benefits of the employees shall be no less than those in existence as of the
implementation of this Agreement.
Section 3. Changes.
If, during the term of this Agreement, any change of insurance
carrier or method of funding for any benefit provided hereunder occurs, the City shall notify the
Association prior to any change of insurance carrier or health plan administrator or method of
funding the coverage.
ARTICLE XI
HEALTH, DENTAL AND LIFE INSURANCE
Section 1. Medical Insurance.
A. The City shall continue to contribute one hundred percent (100%) to a medical
benefit package for the employee and his/her qualified dependents for the term of this
Agreement.
1. Kaiser Permanente HMO Plan (“Kaiser Plan”). Effective November 1, 2000, the
City agrees to add to the Kaiser Plan the benefit of eyewear every twenty-four
months.
2. An employee hired on or after April 26, 2011 shall have the election to enroll
him/herself and qualified dependent(s) in the Kaiser Plan only.
3. The City and the Association agree that once the agreement is reached with all
affected bargaining units to change the Kaiser Plan co-pay from five dollars
14
($5.00) to ten dollars ($10.00), such change shall be implemented on the first of
the month following authorization by Kaiser Permanente.
B. Employee Waiver of Medical Coverage.
The City agrees to permit an employee to
waive City sponsored medical coverage as follows:
1. The employee presents written proof to the Human Resources Office that his/her
qualified dependent(s) are covered by another non-City sponsored health plan;
and
2.1The employee notified the City during the enrollment period upon hire or during
the City’s announced annual open enrollment period.
The City agrees that the employee who is qualified to waive coverage shall receive eighty-one
dollars ($81.00) per month if waiver eligibility is for employee only coverage, one hundred sixty-
two dollars ($162.00) per month if waiver eligibility is for employee plus one coverage, or two
hundred twenty-nine dollars ($229.00) per month if waiver eligibility is for family coverage. The
eligible amount will be added to the employee's paycheck or will be placed in the employee’s
deferred compensation plan.
C. Citywide Medical Committee.
A Committee, consisting of one representative
appointed from each Employee Association will be created for the purpose of studying the City
medical plans with the goal of reducing the cost of the plans and developing improved retiree
medical benefits. No changes to the existing health benefits will be made without written
approval of both parties.
Section 2. Dental Insurance.
The City will continue to make a maximum contribution of
$31.95 per month per employee for dental insurance coverage in the dental HMO plan.
Effective January 1, 2006 (benefit year 2006), the City agrees to increase the maximum benefit
under the Delta Dental coverage from $1,000 to $2,000 for each enrollee per calendar year.
The City agrees to absorb any increase in cost and the Association agrees that the employee’s
contribution will continue to be $37.52 per month. The City and Association agree that the
City’s contribution amount will be capped at the amount equal to the premium to be effective
July 1, 2007 minus the employee contribution of $37.52.
Section 3. Life Insurance.
Each employee covered by this Agreement shall be
provided with a group term life insurance benefit of $10,000.
Section 4. Long Term Disability Insurance.
Effective January 1, 1990, each
employee covered by this Agreement shall be provided long term disability insurance.
ARTICLE XII
RETIREMENT
Section 1. CalPERS Retirement Plan.
Employees covered by this Agreement
participate in the CaliforniaPublic Employees Retirement System (CalPERS). Employee
options are described in a contract between the City of Downey and the CaliforniaPublic
Employees’ Retirement System and are incorporated into this Memorandum of Understanding.
15
Section 2. First Tier Retirement Formula.
Effective August 19, 2002, the City
amended the CalPERS contract to provide the benefit known as 2.7% at 55 retirement formula.
Section 3. Second Tier Retirement Formula.
Effective April 26, 2011, it is agreed to
between the City and the Association that the benefit known as 2% @ 60 retirement formula
shall apply to employees hired or who become eligible for enrollment in the CalPERS
Retirement Plan on or after the effective date of the City’s contract amendment with CalPERS to
implement this benefit. The City shall amend its CalPERS contract as soon as practicable once
an agreement is reached with all affected employee bargaining units to implement the 2% @ 60
second tier retirement formula as described in this Section.
Section 4.Survivor/Death Benefits.
Effective July 13, 2009, the City implemented
the PERS contract amendment to include: (a) the Level 4 1959 PERS Survivor’s Benefit
program (section 21574) and (b) the Pre-Retirement Optional Settlement 2 Death Benefit
(section 21548).
Section 5.Employee (Member) CalPERS Contribution – First Tier Formula.
In
accordance with existing practice and Government Code Sections 20636 (c) (4), and 20691, the
City will pay the CalPERS member contribution (equal to 8%) for employees enrolled in the
2.7% @ 55 first tier formula and report the contribution as compensation earnable (referred to
as reporting the value of Employer Paid Member Contribution (EPMC) as special
compensation).
Section 6. Employee (Member) CalPERS Contribution – Second Tier Formula.
Upon
the effective date of the amendment to the CalPERS contract to implement the second tier 2%
@ 60 retirement formula, all employees hired on or after the amendment date will pay the full
seven percent (7%) member contribution for the entire term of their employment. Such payment
will be handled on a pre-tax basis by way of a bi-weekly payroll deduction.
Section 7. Retiree Medical Annuity.
An employee who retires from the City of
Downey after January 1, 1989, shall be entitled to participate in the City sponsored medical plan
and the City shall contribute up to a maximum of ninety-eight dollars ($98.00) per month toward
the premium for employee only coverage under the City sponsored medical plans, provided:
A. At the time of retirement the employee has a minimum of ten (10) years of service, or
is granted a service-connected disability retirement; and
B. At the time of retirement the employee is employed by the City; and
C. Effective the day after official separation from the City the employee has been
granted a retirement allowance by the California Public Employees' Retirement System.
D. The City's obligation to pay up to a maximum of ninety-eight dollars ($98.00) per
month toward the premium in the City plan shall be modified downward or cease during the
lifetime of the retiree upon the happening of any one of the following:
1. During any period the retiree is eligible to receive or receives health insurance
coverage at the expense of another employer the payment will be suspended.
"Another employer" as used herein means private employer or public employer
or self-employed or the employer of a spouse. As a condition of being eligible to
16
receive the premium contribution set forth above, the City shall have the right to
require any retiree to annually certify that the retiree is not receiving any such
paid health insurance benefits from another employer. If it is later discovered
that misrepresentation has occurred, the retiree will be responsible for
reimbursement of those amounts inappropriately expended and the retiree's
eligibility to receive benefits will cease.
2. If the retiree becomes eligible to enroll, automatically or voluntarily, in Medical or
Medicare, the City's plan shall provide secondary coverage only and the City's
contribution rate set forth above shall be adjusted downward accordingly.
3. In the event the Federal government or State government mandates an
employer-funded health plan or program for retirees, or mandates that the City
make contributions toward a health plan (either private or public plan) for retirees,
the City's contribution rate set forth above shall be first applied to that plan. If
there is any excess, that excess may be applied toward the City medical plan as
supplemental coverage provided the retiree pays the balance owing for such
coverage if any.
4. Upon the death of the retiree, this benefit shall cease. The surviving spouse
shall be able to continue coverage on a single party basis by paying the
appropriate premium.
E. It is understood and agreed that the annual amount contributed by the City to fund
the Retiree Medical Annuity on behalf of the employees, shall be included as an item of
compensation in total compensation survey comparisons.
F. Effective February 10, 2009, a retiree covered by this Section who no longer resides
in California and relocates his or her primary residence to a City that is not reasonably served
by Kaiser (or the City’s HMO provider, if Kaiser is no longer the HMO provider) may elect to
discontinue coverage under any of the City sponsored medical plans, effective at the end of any
calendar quarter. In such a case, the retiree may present the City with proof of payment for
alternate health insurance coverage and receive from the City reimbursement on a quarterly
basis for the cost of the alternate insurance up to the amount to which the retiree is entitled in
Section 7 above. Once a retiree withdraws from eligibility to participate in a City sponsored
health plan for coverage under an alternate insurance plan, the retiree may not re-enroll in a
City sponsored medical plan.
Medical reimbursement will cease upon the occurrence of any of the following:
1. The retiree fails to submit appropriate proof of payment for alternate health
insurance coverage within sixty (60) days of the end of the reimbursement
quarter.
2. The death of the retiree.
17
ARTICLE XIII
TUITION REIMBURSEMENT
Section 1.
With prior approval of the City Manager, employees may be reimbursed for
tuition and books for courses taken to improve their value to the City. Tuition shall be
reimbursed for courses as recommended by the department heads with job related justification
and approved by the City Manager, with quarterly reports to the City Council including the
names of individuals, their positions, and the courses taken. Employees must receive a passing
grade in order to be reimbursed for the course. Reimbursement shall be made at the rate of
tuition equivalent to the rate charged at California State University at Los Angeles for courses
on the quarter system, and California State University at Long Beach for courses on the
semester system. The employee will be reimbursed for required books only.
ARTICLE XIV
PROBATIONARY PERIOD
Section 1.
An original or promotional appointment will be tentative and subject to a
probationary period of not less than six (6) months, except that the City Manager may extend
the probationary period for a class up to an additional six (6) months or for a marginal employee
who is on probation for up to an additional three (3) months. During the probationary period an
employee may be terminated at any time because of unsatisfactory performance. During the
probationary period the employee's supervisor shall attempt to counsel the probationary
employee on a periodic basis, prior to the end of the probationary period regarding his
performance.
Section 2.
If the service of the probationary employee has been satisfactory to the
appointing authority, then the appointing authority shall file with the personnel officer a merit
rating including a statement, in writing, to such effect and stating that the retention of such
employee in the service of the City is desired. If the services of the employee are deemed to be
unsatisfactory and his employment is to be terminated at or before the expiration of the
probationary period, the appointing authority shall file with the Personnel Officer, a statement in
writing setting forth this action to be taken.
Section 3.
All probationary periods shall extend to the first day of the month following
the period of probation.
Section 4. Rejection Following Promotion.
Any employee rejected during the
probationary period following a promotional appointment or at the conclusion of the probationary
period by reason of failure of the appointing power to file a statement that his services have
been satisfactory, or at the discretion of the employee, shall be reinstated to the position from
which he was promoted unless charges are filed and he is discharged in the manner provided in
the Personnel Ordinance and the rules for positions in the classified service. If there are no
vacancies in the position from which he was promoted, the provisions of ARTICLE XV shall
apply.
18
ARTICLE XV
SENIORITY
Section 1.
Employee seniority is the length of continuous service of the employee with
the City from his most recent date of hire or rehire.
Section 2.
A. No employee shall acquire any seniority until he has completed his probationary
period.
B. When an employee has completed his probationary period, his seniority shall date
from date of hire.
Section 3. Layoffs.
A. Whenever, in the judgment of the City Council, it becomes necessary to layoff
employees, the City may abolish any position covered by this Agreement. Any employee
holding an abolished position will be subject to layoff and have no right to demand that written
charges or reasons therefore be filed, and shall have no right of appeal or hearing.
B. Seniority shall be observed in affecting layoffs in personnel. The least senior
employee in a classification subject to layoff will be laid off first.
C. An employee subject to layoff may exercise his seniority (l) within a job family
laterally; (2) within a job family to a lower classification; or, (3) to a classification previously held
by the employee, provided that the employee meets the current qualifications and requirements
of the position in which he/she seeks to exercise seniority, and provided further that any such
exercise in seniority shall be subject to a thirty (30) day trial period. An employee subject to
layoff because of such exercise of seniority, may, in turn, similarly exercise his/her seniority
subject to the same limitations. If an employee does not successfully complete the thirty (30)
day trial period, he/she will be laid off, provided that the employee may grieve such a layoff and
be entitled to Skelly rights.
D. For purpose of this section, job families are established in Exhibit B attached to this
Agreement.
Section 4.
A separation from service, other than an approved leave of absence or
layoff, shall cause the employee to lose his seniority rights.
Section 5.
Names of employees laid off shall be placed on a re-employment list in order
of their seniority and shall remain on such list for a period of two years. During this time, the
City will use this list to rehire employees in order of seniority, provided that the employee held
the classification being filled or held a classification in the same job family.
Section 6. Layoff Notice and Severance Pay.
In the event the City decides to
contract for work provided by an employee covered by this Agreement, the City will provide at
least one month's notice to the affected employee prior to the effective date of the layoff. An
19
employee laid off because the City contracts with a private company to perform his duties will
receive a severance payment upon termination equal to three (3) months of the employee's
current salary amount.
ARTICLE XVI
CITY RIGHTS
Section 1.
The City reserves, retains, and is vested with, solely and exclusively, all
rights of Management which have not been expressly abridged by specific provision of this
Agreement or by law to manage the City, as such rights existed prior to the execution of this
Agreement. The sole and exclusive rights of Management, as they are not abridged by this
Agreement or by law, shall include, but not be limited to, the following rights:
A. To manage the City generally and to determine the issues of policy.
B. To determine the existence or non-existence of facts that are the basis of the
Management decision.
C. To determine the necessity and organization of any service or activity conducted by
the City and expand or diminish services.
D. To determine the nature, manner, means, and technology, and extent of services to
be provided to the public.
E. Methods of financing.
F. Types of equipment or technology to be used.
G. To determine and/or change the facilities, methods, technology, means, and size of
the work force by which the City operations are to be conducted.
H. To determine and change the number of locations, relocations, and types of
operations, processes and materials to be used in carrying out all City functions including, but
not limited to, the right to contract for or subcontract any work or operation of the City.
I. To assign work to and schedule employees in accordance with requirements as
determined by the City and to establish and change work schedules and assignments.
J. To relieve employees from duties for lack of work or similar non-disciplinary reasons.
K. To establish and modify productivity and performance programs and standards
including, but not limited to, quality and quantity standards; and to require compliance therewith.
L. To discharge, suspend, demote, or otherwise discipline employees for proper cause.
M. To determine job classifications and to reclassify employees.
20
N. To hire, transfer, promote and demote employees for non-disciplinary reasons in
accordance with this Memorandum of Understanding and applicable Resolutions and Codes of
the City.
O. To determine policies, procedures and standards for selection, training and
promotion of employees.
P. To maintain order and efficiency in its facilities and operations.
Q. To establish and promulgate and/or modify rules and regulations to maintain order
and safety in the City which are not in contravention with this Memorandum of Understanding.
R. To take any and all necessary action to carry out the mission of the Agency in
emergencies.
Section 2.
Except in emergencies, as defined in Article XXIII, or where the City is
required to make changes in its operations because of the requirements of law, whenever the
exercise of Management's rights shall impact employees of the bargaining unit, the City agrees
to meet and confer with representatives of the Association regarding the impact of the exercise
of such rights, unless the matter of the exercise of such rights is provided for in this Agreement
or in the Personnel or departmental rules and regulations and salary resolutions. By agreeing to
meet and confer with the Association as to the impact and the exercise of any of the foregoing
City rights, Management's discretion in the exercise of these rights shall not be diminished. The
City shall not exercise the foregoing rights in an arbitrary or capricious or invidiously or
discriminatory manner or in such a manner as to imperil the health and/or safety of the
employees.
ARTICLE XVII
EMPLOYEE ORGANIZATION RIGHTS AND RESPONSIBILITIES
Section 1. Agency Shop Agreement.
A.Legislative Authority.The parties mutually understand and agree that under the
Meyers Milias Brown Act (Government Code Section 3500 et seq.) all employees who are in
classifications represented by the Downey City Employees’ Association/Miscellaneous Unit
have the right to join or not join the Association. However, the enactment of a local “Agency
Shop” requires that as a condition of continuing employment, employees in the respective
bargaining unit must either join the Association or pay to the Association a service fee in lieu
thereof. Such service fee shall be established by the Association, and shall not exceed the
standard initiation fee, periodic dues and general assessments of the Association.
B. Election.
1. The agency shop provisions contained in this agreement shall only go into effect if
a simple majority of voting eligible unit members cast votes in favor of agency
shop in an election as provided in this Agreement.
2. To determine whether employees in the unit wish to be covered by an agency shop
provision, an election will be conducted by and in accordance with, procedures
established by the California State Mediation and Conciliation Service using a
21
secret ballot. The ballot will state “Do you wish to be covered by an Agency Shop
arrangement, which requires all employees to either join the employee
organization or pay an agency fee for representation?” The cost of this election
shall be borne by the Association.
3. Employees eligible to vote in this election shall be all employees in classifications
represented by the Association on the payroll for the most recent month for which
data is available.
4. The State Mediation and Conciliation Service shall investigate any objections to the
conduct of the election and decide matters pertaining to any challenged ballots.
C. Association Dues/Service Fees.
1. Agency Shop as used in this Article means an organizational security arrangement
as defined in Government Code Section 3502.5 and applicable law.
2. Commencing within thirty (30) days of the State Mediation and Conciliation
Service’s certification of approval of the agency shop election results, the
Personnel Office shall provide all current employees and any employees hired
thereafter, with an authorization notice advising them that Agency Shop for the
Association has been enacted pursuant to state law and an agreement exists with
the Association, and that all employees subject to the Agreement must either join
the Association, pay a service fee to the Association, or provide proof of
membership in a religious organization which holds historic opposition to
membership in a labor organization. Such notice shall include a form for the
employee’s signature authorizing a payroll deduction of Association dues, a service
fee or a charitable contribution equal to the service fee. Said employees shall have
fourteen (14) calendar days from the date they receive the form to fully execute it
and return it to the Personnel Office.
3. If the form is not completed properly or returned within fourteen (14) calendar days,
the City shall commence and continue a monthly payroll deduction of service fees
from the first regular biweekly paychecks of such employee each month. The
effective date of Association dues, service fee, or charitable contribution shall
begin no later than the beginning of the first regular biweekly paycheck of the
month commencing fourteen (14) calendar days after receipt of the authorization
form by the employee.
4. As to non-members objecting to the Association spending their agency fee on
matters unrelated to collective bargaining and contract administration, the amount
of the agency fee charged shall not reflect expenditures which the courts have
determined to be non-chargeable, including political contributions to candidates
and parties, members only benefits, charitable contributions and ideological
expenditures and, to the extent prohibited by law, shall not reflect expenditures for
certain aspects of lobbying, ballot measures, publications, organizing and litigation.
5. The Association shall comply with applicable law regarding disclosure and
allocation of its expenses, notice to providers of their right to object, provision for
agency fee payers to challenge the Association’s determinations of amounts
chargeable to the objecting non-members, and appropriate escrow provisions to
22
hold contested amounts while the challenges are underway.
6. The Association shall make available, at its expense, an expeditious administrative
appeals procedure to unit members who object to the payment of any portion of the
representation service fee. Such procedure shall provide for a prompt decision to
be made by an impartial decision-maker jointly selected by the Association and the
objecting provider(s). A copy of such procedure shall be made available upon
request by the Association to non-members and the City.
7. The foregoing description of permissible agency fee charges and related
procedures is included herein for informational purposes and is not intended to
change applicable law.
8. The employee’s earnings must be sufficient after the other legal and required
deductions are made to cover the amount of the dues or fees authorized. When an
employee is in a non-pay status for an entire pay period, no withholding will be
made to cover the pay period from future earnings. In the case of an employee in
a non-pay status only during part of the pay period, whose salary is not sufficient to
cover the full withholding, no deduction shall be made. In the case of an
employee who is receiving short term disability pay (75% pay) during a pay period,
no deduction shall be made. In this connection, all other legal and required
deductions (including health care and insurance deductions) have priority over
Association dues and service fees.
D. 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 shall upon presentation of active membership in such
religion, body, or sect, not be required to join or financially support any public
employee organization as a condition of employment. The employee may be
required, in lieu of periodic dues, initiation fees or agency shop fees, to pay sums
equal to the dues, initiation fees or agency shop fees to a nonreligious, non-labor
charitable fund exempt from taxation under Section 501(c)(3) of the Internal
Revenue Code, chosen by the employee from a list of at least three of these funds,
designated in a Memorandum of Understanding between the City and the
Association, or if the Memorandum of Understanding fails to designate the funds,
then to any such fund chosen by the employee. Proof of the payments shall be
made on a monthly basis to the City as a condition of continued exemption from
the requirement of financial support to the Association [Govt. Code Section
3502.5(c)].
2. Declarations of, or applications for, religious exemption and any other supporting
documentation shall be forwarded to the Association within fourteen (14) calendar
days of receipt by the City. The Association shall have fourteen (14) calendar days
after receipt of a request for religious exemption to challenge any exemption
granted by the City. If challenged, the deduction to the charity of the employee’s
choice shall commence but shall be held in escrow pending resolution of the
challenge. Charitable contributions shall be made by regular payroll deductions
only.
23
E. Rescission.
1. The agency shop provision in this memorandum of understanding may be
rescinded by a majority vote of all the employees in the unit covered by the
Memorandum of Understanding, provided that:
i. A request for such a vote is supported by a petition containing the signatures at
least thirty percent (30%) of the employees in the unit;
ii. The vote is by secret ballot;
iii. 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 vote on an agency shop agreement [Govt. Code
Section 3502.5(d)].
2. If a “rescission vote” is approved by unit members during the term of a current
Memorandum of Understanding, the Association agrees not to petition for or seek
Agency Shop status for the duration of the current Memorandum of Understanding.
F. Indemnification. The Association shall indemnify, defend, and hold the City harmless
against any liability arising from any claims, demands, or other action relating to the City’s
compliance with the agency fee obligation including claims relating to the Associations use of
monies collected under these provisions [Govt. Code Section 3502.5(b)]. The City reserves the
right to select and direct legal counsel in the case of any challenge to the City’s compliance with
the agency fee obligation, and the Association agrees to pay any attorney, arbitrator or court
fees related thereto.
Section 2. Dues Deductions.
The City shall deduct dues on a regular payroll basis
from the pay of all employees in the classifications and positions recognized to be represented
by the Association. Such deductions shall be authorized in writing on a form approved and
provided by the Association for this purpose. The City shall remit such funds to the Association
within thirty (30) days following their deduction.
Section 3. Release Time for Meet and Confer.
The Association may select a
maximum of three members to attend scheduled meetings with the Personnel Officer or other
management representatives on subjects within the scope of representation during regular work
hours. In addition, they may meet for a maximum of one hour per meet and confer session for
the purpose of preparation of such sessions.
24
ARTICLE XVIII
NO STRIKE - NO LOCKOUT
A. PROHIBITED CONDUCT
Section 1.
The Association, its officers, agents, representatives and/or members agree
that during the term of this Agreement 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.
The City agrees that it shall not lockout its employees during the term of this
Agreement. The term "lockout" is hereby defined so as not to include the discharge,
suspension, termination, lay off, failure to recall or failure to return to work of employees of the
City in the exercise of its rights as set forth in any of the provisions of this Agreement or
applicable ordinance or law.
Section 3.
Any employee who participates in any conduct prohibited in Section 1
above, shall be subject to termination by the City.
Section 4.
In addition to any other lawful remedies or disciplinary actions available to
the City if the Association fails, in good faith, to perform all responsibilities listed below in B,
Section 1, the City may suspend any and all of the rights and privileges accorded to the
Association under the Employee Relations Ordinance and this Agreement including, but not
limited to, right of access, check-off, the use of the City's bulletin boards and facilities.
B. ASSOCIATION RESPONSIBILITY
Section 1.
In the event that the Association, its officers, agents, representatives, or
members engage in any of the conduct prohibited in A. Section 1 above, the Association shall
immediately instruct any persons engaging in such conduct that their conduct is in violation of
this Agreement and unlawful and they must immediately cease engaging in conduct prohibited
in A. Section 1 above, and return to work.
Section 2.
If the Association performs all of the responsibilities set forth in A. Section 1 above,
its officers, agents, representatives shall not be liable for damages for prohibited conduct
performed by employees who are covered by this Agreement in violation of A. Section 1 above.
ARTICLE XIX
GRIEVANCE PROCEDURE
Section 1. Grievance.
Grievance shall be defined as a dispute between the
Association, employee or employees and the City, regarding interpretation or application of
specific provisions of this Agreement, Personnel Rules, or Departmental Rules and Regulations.
Section 2. Conduct of the Grievance Procedure.
An employee may request the
assistance of another person of his own choosing in preparing and presenting his grievance at
any level of review, or may be represented by a recognized employee organization or may
represent himself. The employee shall not suffer any reprisal from management for utilizing the
25
grievance procedure set forth herein. Any pending disciplinary action shall not affect the
grievance procedure nor suspend the operation thereof.
A. Any retroactivity on monetary grievances shall be limited to the date that the
grievance was filed, in writing, except in cases where it was impossible for the employee to
have had prior knowledge of an accounting error.
B. All time limits specified may be extended to a definite date by mutual agreement of
the employee or his Association representative, and the decision making management
representative involved at each step of the grievance procedure. Such mutual agreement shall
be evidenced in writing and signed by the employee or Association representative and
management representative.
Section 3. Grievance Procedure Steps.
The grievance procedure shall provide for the
following steps; except for grievances that are a result of disciplinary action which shall begin at
Step Two.
Step One. Informal Procedure.
An employee must attempt first to resolve a grievance
through discussion with his immediate supervisor within ten (10) working days from the date of
the alleged incident or action giving rise to the grievance on an informal basis. If, after such
discussion, the employee does not believe the problem has been satisfactorily resolved, he
shall have the right and obligation to discuss it with his supervisor's immediate supervisor, if
any, and his department head, if necessary. Every effort shall be made to find an acceptable
solution by these informal means at the most immediate level of supervision. At no time may an
informal process go beyond the department head concerned. In order that this informal
procedure may be responsive, all parties involved shall expedite this process. In no case may
more than thirty (30) days elapse from the date of the alleged incident or action giving rise to the
grievance, and the filing of a written grievance in Step Two, or the grievance shall be barred and
waived.
Step Two. Department Head Response.
If the grievance is a result of disciplinary
action which has been processed through the "Skelly Process”, an appeal may be filed at Step
4 of this procedure. If the non-disciplinary grievance is not resolved in Step One, or if no
answer has been received within five (5) working days from the presentation of the oral
grievance, the employee may, within thirty (30) working days from the date of the incident giving
rise to the grievance, present the grievance in writing to his department head. Failure of the
employee to take this action will constitute termination of the grievance. The department head
shall further review and discuss the grievance with the employee and shall render its decision
and comments, in writing, and return them to the employee within ten (10) working days after
receiving the grievance.
Step Three. Management Representative.
If the grievance is not resolved in Step
Two, or if no answer has been received within time limits established in Step Two, the employee
may within ten (10) working days, present the grievance in writing to the designated
management representative for processing. Failure of the employee to take this action will
constitute termination of the grievance. In the event the employee is not being represented by a
recognized employee organization, the designated management representative shall attempt to
resolve the grievance. If the employee is being represented by a recognized employee
organization, the designated management representative shall convene a joint meeting of the
26
recognized employee organization and himself, within five (5) working days, in an attempt to
resolve the grievance. In the event the grievance is not satisfactorily adjusted or settled through
discussion at this level, management shall advise the employee and/or employee organization,
in writing, within ten (10) working days as to its position on the grievance.
Step Four. Grievance Hearing.
If the grievance is not resolved in Step Three, the
employee may, within ten (10) working days of the receipt of the written position from
management representatives, present a “request for hearing” in writing to the Personnel
Director. However, the only grievances which may be submitted for review are matters which
have resulted in a suspension without pay, reduction in pay, demotion, termination, or otherwise
have monetary value to the employee. Failure of the employee to take this action will constitute
termination of the grievance. With the approval of the Personnel Advisory Board, the Personnel
Director shall request from the State Mediation and Conciliation Service, or mutually agreed
upon alternative organization, a list of seven (7) neutral hearing officers. In the event that the
parties cannot agree upon a mutually acceptable hearing officer from the list of seven, the
parties shall alternately strike names from the list, with the City striking the first name. The
identity of the last remaining individual on the list will be selected as the hearing officer. The
hearing officer shall preside over a full and fair evidentiary hearing and, within thirty (30)
calendar days of its conclusion, render a written decision that includes findings of fact and a
recommendation to the City Manager. That decision shall be served jointly upon the grieving
party and the City Manager.
Step Five. City Manager’s Decision.
Within thirty (30) calendar days of receipt of the
decision of the hearing officer, the City Manager shall, in writing, adopt, modify or reject that
decision. The decision of the City Manager shall be the final administrative decision.
ARTICLE XX
MISCELLANEOUS
Section 1. Substance Abuse Policy.
The City of Downey and the Association have a
vital interest in maintaining safe, healthful and efficient working conditions. Being under the
influence of a drug or alcohol on the job may pose serious safety and health risks not only to the
user but to co-workers and the citizens of Downey. The possession, use or sale of an illegal
drug or of alcohol on the job also poses unacceptable risks for safe, healthful and efficient
operations. "On the job" means while on City premises, at work locations, or while on duty or
being compensated on an "on call status."
The City of Downey and the Association recognize that their future is dependent on the
physical and psychological well being of all employees. The City and the Association mutually
acknowledge that a drug and alcohol-free work environment benefits Downey's employees and
citizens.
The purpose of this section is to define the City's drug and alcohol policy as well as the
possible consequences of policy violation.
A. Possession, sale, use or being under the influence of drugs or alcohol while on the
job is strictly prohibited. This prohibition shall not apply to legitimate undercover activities of
Police Officers which are undertaken in accordance with the direction of the Police Department.
B. When reasonable suspicion exists, the City may require an employee to submit to a
medical examination, including, but not limited to, a substance screening. Substance screening
27
means the testing of urine or other body fluids as reasonably deemed necessary by a physician
to determine whether an employee has a restricted substance in their system.
1. Reasonable suspicion is cause based upon objective facts sufficient to lead a
reasonably prudent supervisor to suspect that an employee is under the
influence of drugs or alcohol so that the employee's ability to perform the
functions of the job is impaired or so that the employee's ability to perform his/her
job safely is reduced.
2. Post-accident testing under this Article shall be conducted based on reasonable
suspicion as defined in this Section and shall not be automatic, unless as
required by law per Department of Transportation (DOT) Federal Motor Carrier
Safety Administration Regulations (FMCSA) (refer to City of Downey Controlled
Substance and Alcohol Misuse Policy and Procedures Manual).
C. Any manager or supervisor requesting an employee to submit to a substance
screening shall document in writing the facts constituting reasonable suspicion and shall give
the employee a copy. The employee shall be given an opportunity to provide additional facts.
An employee who is then ordered to submit to a substance abuse screening may request to be
represented. Because time is of the essence in substance screening, a representative must be
available within a reasonable time or the employee will then be ordered to submit to substance
screening. An employee who refuses to submit to a substance screening may be considered
insubordinate and shall be subject to disciplinary action up to and including termination.
D. The supervisor, or designee, shall transport the suspected employee to the testing
facility. Testing shall occur on City time and be paid for by the City. Employee urine samples,
or other body fluids, will be by a certified system which includes methods or mechanisms
designed to assure the integrity of the sample. The facility used for testing shall be certified by
the National Institute on Drug Abuse and comply with established guidelines for "chain of
custody" to insure that identity and integrity of the sample is preserved throughout the collecting,
shipping, testing and storage process.
E. Any positive test for alcohol or drugs will be confirmed by a scientifically sound
method. An employee who tests positive on a confirmatory test will be given the opportunity to
discuss the results with a physician to be designated by the City. The employee should be
prepared at that time to show proof of any valid medical prescription for any detected substance
or to otherwise explain, if he or she so chooses, a positive test result.
F. While use of medically prescribed medications and drugs is not per se a violation of
this policy, this policy shall establish that no employee shall operate a City vehicle or dangerous
machinery or equipment while taking any kind of medication or drugs which are clearly marked
that they may cause significant drowsiness or impair an employee's performance. An employee
shall notify his/her supervisor, before beginning work, when taking such medications or drugs.
In the event there is a question regarding an employee's ability to safely and effectively perform
assigned duties while using such medications or drugs, clearance from a physician designated
by the City may be required. The City reserves the right to send an employee home on sick
leave under these circumstances.
G. Employees with substance abuse problems are encouraged to participate voluntarily
in the City-sponsored Employee Assistance Program (EAP). Assistance through the EAP may
be sought by an employee with complete confidentiality and without adverse consequences to
his/her employment. Employees should be aware, however, that a request for assistance
28
through the EAP will not insulate the employee from disciplinary action already contemplated.
Depending upon the facts surrounding the reasonable suspicion determination, positive test
result, and/or other violation of this policy or other City/department rules and regulations, the
City may refer an employee to the EAP. Such referral could, at the discretion of the City, be
made available to the employee as an alternative to disciplinary action. Referral would be
subject to agreement by the employee to enroll, participate in and successfully complete a
rehabilitation and/or counseling program and other terms and conditions in a "Last Chance
Agreement."
1. It is the City's intent to use the EAP option for first offenders except the City
reserves the right to discipline for those offenses which are a significant violation
of City/department rules and regulations or where violation did or could have
resulted in serious injury or property damage.
Section 2. Department of Transportation (DOT) Controlled Substance and Alcohol
Testing Program.
1. Administration.
In accordance with City of Downey Resolution No. 5934, policy
and procedures for compliance with the Federal Motor Carrier Safety
Administration (FMCSA) Regulations (49 CFR Parts 40 and 382) shall remain in
effect for those employees who are required to possess and maintain a
commercial driver’s license as a condition of employment for the performance of
safety sensitive duties. As applicable, the City’s policy and procedures will be
amended to comply with changes in law.
Unless otherwise designated, the Human Resources Director is the Designated
Employer Representative (DER) and shall be responsible for overseeing
compliance and implementation of this City’s DOT Controlled Substance and
Alcohol Testing Program.
2. Consequences of a Positive Controlled Substance and/or Alcohol Test.
A
covered employee who tests positive for a controlled substance and/or alcohol
may be subject to disciplinary action, up to and including termination from
employment.
As a result of a positive controlled substance and/or alcohol random test, a
temporary non-safety sensitive job assignment for an employee who is removed
from the performance of safety sensitive duties or who is restricted from driving
non-commercial City vehicles, may be approved by the department head based
on the availability of meaningful work to meet operational need.
An employee must use accrued leave time or request personal leave of absence
without pay if time off from work is necessary for any treatment or rehabilitation
program. The costs of rehabilitation or treatment services, whether or not
covered by the employee's medical plan, are the ultimate responsibility of the
employee.
The cost of a split specimen under a random test shall be paid by the City or
reimbursed to the employee on a negative result only. The cost of a controlled
substance and/or alcohol test under follow-up testing is the responsibility of the
employee.
29
Section 3. Labor-Management Committee.
Representatives of the Association and
management shall meet on a quarterly basis for purposes of improving communication and
resolving labor relations matters. Agendas shall be agreed upon in advance, with both parties
having equal opportunity to submit items. Any matter agreed upon by both parties may be
discussed; but discussion does not constitute waiver of access to the grievance process.
Chairmanship of the committee shall be alternated among the parties.
Section 4. Transfer Rights.
The City agrees that if an employee's current supervisor
or department head does not approve an employee's transfer to another department who has
offered that employee a position, the employee may appeal the decision to the Personnel
Director.
Section 5. Rest Periods/Breaks.
The City Manager hereby authorizes department
heads to permit their employees to take brief rest periods during any working day at such times
and of such duration as will result in an increase in their work output and thus promote
efficiency. Rest periods shall not exceed fifteen minutes per break and nor shall exceed two
breaks per workday. No such rest period shall be taken during the first or last hour of any
employee’s working period. The taking of rest periods is hereby declared to be a matter of
privilege and not of right. Supervisors shall have the right to schedule rest periods to maximize
the efficiency of their operations. Any rest period not taken at the time permitted shall be
deemed waived and shall not be accumulated or carried over from one work period to any
subsequent work period, or compensated in any form.
ARTICLE XXI
SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING
Section 1.
It is the intent of the parties hereto that the provisions of this Agreement shall
supersede all prior agreements and Memoranda of Understanding, or memoranda of
agreement, or contrary salary and/or personnel resolutions and ordinances of the City, oral or
written, expressed or implied, agreements between the parties or understandings between the
parties, and shall govern their entire relationship and shall be the sole source of any and all
rights which may be asserted hereunder. This Agreement is not intended to conflict with federal
or state law.
Section 2.
Notwithstanding the provisions of Section 1 in this Article, there exists within
the City of Downey, certain personnel resolutions, ordinances and departmental rules and
regulations. To the extent that this Agreement does not specifically contravene provisions of
these personnel resolutions, ordinances, departmental rules and regulations; such personnel
resolutions, ordinances and departmental rules and regulations are specifically incorporated
herein.
30
ARTICLE XXII
WAIVER OF BARGAINING
DURING TERM OF THIS AGREEMENT
During the term of this Agreement, the parties mutually agree that they will not seek to
negotiate or bargain with regard to wages, hours, and terms and conditions of employment,
whether or not covered by this Agreement or in the negotiations leading thereto and irrespective
of whether or not such matters were discussed or were even within the contemplation of the
parties hereto during the negotiations leading to this Agreement. Regardless of the waiver
contained in this Article, the parties may:
1. By mutual agreement, in writing, agree to meet and confer about any matter during
the term of this Agreement.
2. May meet and confer in accordance with Article XVI, Section 2.
ARTICLE XXIII
EMERGENCY WAIVER PROVISION
In the event of circumstances beyond the control of the City, such as acts of God, fire,
flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of
this Agreement or the Personnel Rules or Resolutions of the City, which restrict the City's ability
to respond to these emergencies, shall be suspended for the duration of such emergency. After
the emergency is over, the Association shall have the right to meet and confer with the City
regarding the impact on employees of the suspension of these provisions in the Agreement and
any Personnel Rules and Policies.
ARTICLE XXIV
SEPARABILITY
Should any provision of this Agreement be found to be inoperative, void, or invalid by a
court of competent jurisdiction, all other provisions of this Agreement shall remain in full force
and effect for the duration of this Agreement.
ARTICLE XXV
TERM OF THIS MEMORANDUM OF UNDERSTANDING
The term of this Agreement shall commence on November 1, 2010, and shall continue in
full force and effect until March 31, 2012.
31
ARTICLE XXVI
RATIFICATION AND EXECUTION
The City and the Association acknowledge that this Agreement shall not be in full force
and effect until ratified by the Association and adopted by the City Council of the City of
Downey. Subject to the foregoing, this Agreement is hereby executed by the authorized
representatives of the City and the Association and entered into this 26th day of April 26. 2011.
CITY OF DOWNEY: THE DOWNEY CITY EMPLOYEES'
ASSOCIATION - MISCELLANEOUS
UNIT
By: ________________________ By: ________________________
Irma Youssefieh, Human Resources Director Rebecca Guerrero, President
By: ________________________
Margaret Campos, Treasurer
By: ________________________
Tony Vasquez, Team Member
By:_________________________
Paul Bechely, Representative
Approved as to form:
Yvette Abich Garcia, City Attorney
32
EXHIBIT “A”
CLASSIFICATIONS REPRESENTED BY
THE DOWNEY CITY EMPLOYEES ASSOCIATION - MISCELLANEOUS UNIT
AccountantProgram Supervisor
Account Clerk I
Public Works Supervisor I
Account Clerk II
Public Works Supervisor II
Administrative Assistant
Public Works Technician
Administrative Clerk I
Recreation Coordinator
Administrative Clerk II
Recreation Supervisor
Assistant Civil Engineer
Reprographics Specialist
Assistant Planner
Residential Rehabilitation Supervisor I
Assistant Planner II
Residential Rehabilitation Supervisor II
Assistant Superintendent of Physical
Revenue Supervisor
Services
Secretary
Assistant Superintendent of Utilities System
Secretary to the City Clerk/City Attorney
Associate Civil Engineer
Senior Accountant
Associate Planner
Senior Account Clerk
Budget Analyst
Senior Building Inspector
Building Inspector
Senior Building Permit Technician
Building Permit Technician
Senior Code Enforcement Officer
Center Supervisor
Senior Librarian
Computer Operator I
Senior Library Assistant
Computer Operator II
Senior Planner
Computer Operator III
Senior Programmer/Analyst
Construction Inspector
Special Program Coordinator
Equipment Maintenance Supervisor
Special Projects Coordinator
Executive Secretary
Theater Supervisor
Fire Communications Center Supervisor
Transit Coordinator
Fire Mechanic
Water Systems Supervisor II
Fire Network Administrator
Water Systems Technical Supervisor II
Fire Prevention Technician
Hazardous Materials/Fire Inspector
Housing Planner
Housing Specialist I
Housing Specialist II
Integrated Waste Coordinator
Junior Accountant
Junior Civil Engineer
KDB Coordinator
Librarian
Library Assistant
Human Resources Technician
Plan Checker/Inspector
Police Records Supervisor
Principal Building Inspector
Principal Planner
Program Coordinator
33
EXHIBIT “A”
CLASSIFICATIONS REPRESENTED BY
THE DOWNEY CITY EMPLOYEES ASSOCIATION - MISCELLANEOUS UNIT
Historical
Automation Circulation Systems Operator
Civil Engineer
Data Entry Operator
Engineering Aide
Fire Education Specialist
Junior Engineering Aide
Library Associate
Network Administrator
PABX Operator/Receptionist
Parking Permit Inspector
Personnel Analyst
Plan Check Engineer
Plan Checker
Planning Technician
Programmer
Programmer/Analyst II
Project Assistant
Real Estate Officer
Senior Engineering Aide
Senior Library Associate
Supervising Accountant
Technical Coordinator/Theater
Water Construction Specialist
Water Quality Contract Administrator
34
EXHIBIT "B"
JOB FAMILIES
1. Account Clerk I/Admin Clerk I 8. Public Works Supervisor I
Account Clerk II/Admin Clerk II Public Works Supervisor II
Senior Account Clerk Assistant Superintendent of Physical
Services
Junior Accountant
Revenue Supervisor
Accountant 9. Water Construction Specialist
Senior Accountant Water Quality Contract Administrator
Supervising Accountant Water Systems Supervisor II
Water Systems Technical Supervisor II
Assistant Superintendent of Utilities
2. Junior Engineering Aide
Engineering Aide System
Senior Engineering Aide
Junior Civil Engineer 10. Building Permit Technician
Assistant Civil Engineer Senior Building Permit Technician
Associate Civil Engineer
Civil Engineer 11. Recreation Coordinator
Recreation Supervisor
3. Library Assistant
Senior Library Assistant 12. Housing Specialist I
Automation Circulation Systems Housing Specialist II
Housing Planner
Operator
Library Associate
Senior Library Associate 13. Program Coordinator
Librarian Program Supervisor
Senior Librarian
14. Center Supervisor
4. Planning Technician Special Program Coordinator
Assistant Planner
Assistant Planner II 15. Residential Rehabilitation Supervisor I
Associate Planner Residential Rehabilitation Supervisor II
Senior Planner
Principal Planner The Following Classifications Have
No Job Family:
5. Building Inspector
Plan Checker Administrative Assistant
Senior Building Inspector Budget Analyst
Plan Checker/ Inspector Construction Inspector
Plan Check Engineer Equipment Maintenance Supervisor
Principal Building Inspector Fire Communications Center Supervisor
Fire Education Specialist
6. Data Entry Operator Fire Mechanic
Computer Operator I Fire Network Administrator
Computer Operator II Fire Prevention Technician
Computer Operator III Hazardous Material/Fire Inspector
Programmer Human Resources Technician
Programmer/Analyst II Integrated Waste Coordinator
Senior Programmer Analyst KDB Coordinator
Network Administrator PABX Operator/Receptionist
Parking Permit Inspector
7. Administrative Clerk I Personnel Analyst
Administrative Clerk II Police Records Supervisor
Secretary Project Assistant
Executive Secretary
Public Works Technician
Secretary to the City Clerk/City Attorney
35
EXHIBIT "B"
JOB FAMILIES
The Following Classifications Have
No Job Family (cont’d):
Real Estate Officer
Reprographics Specialist
Senior Code Enforcement Officer
Special Projects Coordinator
Technical Coordinator/Theater
Theatre Supervisor
Transit Coordinator
36