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HomeMy WebLinkAboutResolution No. 5661 RESOLUTION NO. 5661 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 /MAINTENANCE 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 /Maintenance 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. • 444-9 / 41) ATTEST: Mayor Diane P. Bogg ,/ ct , a i-e , E i.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 (() I i • / / / ity Clerk LETTER OF AGREEMENT AMENDMENTS TO D.C.E.A. /MAINTENANCE UNIT M.O.U. ARTICLE IV - WORK WEEK Section 1. Work Schedule 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 final with Y 9 no further appeal. 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 o ortion to the hours P rs 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. Compensation for Overtime. 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 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 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 vaction 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. ARTICLE IX - LEAVES OF ABSENCE Section 6. 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 providing that not more than forty (40) hours of additional vacation may be so converted in any one fiscal year. Section 8. 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 and are family related 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 postpone to a subsequent time. An indication of the reason for personal leave 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