HomeMy WebLinkAboutResolution No. 5660 RESOLUTION NO. 5660
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DOWNEY AMENDING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF DOWNEY AND THE DOWNEY CITY
EMPLOYEES' ASSOCIATION /MISCELLANEOUS UNIT.
WHEREAS, the City has met its obligation to meet and confer pursuant to
. - � the Myers - Milias -Brown Act and Employee Relations Ordinance No. 394; and
WHEREAS, the City and the Association have reached agreement; and
WHEREAS, the Association has ratified the agreement; and
WHEREAS, the City and the Association have memorialized the amendments in
a written agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The amendment to the Memorandum of Understanding between the
City of Downey and the Downey City Employees' Association /Miscellaneous Unit,
attached hereto, is hereby adopted.
SECTION 2. The City Clerk shall certify to the adoption of this
resolution and provide for the distribution thereof.
APPROVED AND ADOPTED this 9th day of March
, 1993.
M Diane P. Boggs '
ATTEST:
. •
di ty Clerk
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
City Council of the City of Downey at a regular meeting thereof held on
the 9th day of March , 1993, by the following vote, to wit:
AYES: 5 Council Members: Riley, Brazelton, Lawrence, McCaughan, Boggs
NOES: 0 Council Members: None
ABSENT: 0 Council Members: None
5 A AO(
ArA
ty Clerk
LETTER OF AGREEMENT
AMENDMENTS TO D.C.E.A. /MISCELLANEOUS UNIT M.O.U.
ARTICLE IV - WORK WEEK
Section 1.
•-. A. The 9/80 schedule provides 80 hours 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
employees work days, start and end times, establishing FLSA "work weeks," etc.
B. Employees with hardships may request to their department head to stay
on the five eight -hour days. 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.
(Delete current section 2 and add:)
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 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 M.O.U.
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 pay period. Employees approved for this program shall be
required to remain on the reduced schedule for at least two 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 (COMP. TIME)
Section 1. All approved overtime worked by an employee in excess of
forty (40) hours in the employee's work week shall be paid at the rate of time
and one -half the employee's regular hourly rate.
ARTICLE VI - COMPENSATION FOR SPECIAL CALL -IN
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) hours guarantee.
ARTICLE VII - HOLIDAYS
Section 1. Employees covered by this Agreement shall receive eight (8)
hours of pay for each of the following holidays.
1. New Year's Day
2. Lincoln'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 which is an employee's regular day off,
the employee shall receive 8 hours of compensatory time at straight time.
When a holiday falls on a day an employee is scheduled to work nine hours, and
the employee takes the day off, the employee shall be able to add one hour by
choosing vacation, comp. time, personal leave, or time without pay. Sick
leave, other than personal leave, may not be used to supplement the holiday
hours.
ARTICLE VIII - VACATION
Section 1. Employees covered by this Agreement shall accrue vacation
leave with pay on the following scheduled basis:
Years 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.
Section 4. Vacation shall be accrued on a monthly basis by dividing
twelve (12) months into the number of eligible vacation hours per year as set
forth in Section 1 above, to which the employee is eligible to receive based
upon the employee's years of service with the City.
Section 6. (DELETE)
ARTICLE IX - LEAVES OF ABSENCE
Section 4. Sick Leave.
B. Sick leave shall be accrued by covered employees at the rate of eight
hours per month. Sick leave shall not be considered as a privilege which 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.
G. Covered employees shall be paid fifty (50) percent of any sick leave
at his death or retirement, up to a maximum of seven hundred twenty (720)
hours for one thousand four - hundred forty (1440) hours accumulation. Unless
otherwise specified by the employee, such benefits shall be paid to the
beneficiary of the employee's City life insurance policy in the event of the
employee's death, OR, upon retirement of an eligible employee, the employee
may request that unused accumulated sick leave be applied to pay full premiums
for his City health insurance coverage on the following basis:
1. Forty percent (40 %) of the days accumulated, starting with the
oldest days first, shall be deducted.
2. The remaining sixty percent (60 %) shall be applied to the cost
of health insurance premiums.
I(3). 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 each hour of sick leave at the employee's
hourly rate in effect at the time of taking sick leave.
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 provided that not more than forty (40) hours of
additional vacation may be so converted in any one fiscal year.
Section 6. Personal Leave. With approval of the department head,
twenty -four (24) 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 or to add one additional hour per holiday as covered
in Article VII, Section 1. Such matters shall be considered as those events
or occurrences which a reasonable prudent person would not or could not
r -
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 8. Employee Disability Leave.
A. This section establishes a disability leave plan at seventy -five
percent (75 %) of the base salary for employees having more than one (1) year
continuous service with the City and who have exhausted all accumulated sick
leave, vacation and compensatory time due to non - industrial illness or injury
under the following eligibility schedule:
Maximum Time Allowance (Hours)
Additional
Before After
Years of Service Reimbursement Reimbursement Total
1 through 5 240 120 360
6 through 10 360 184 544
Over 10 480 240 720