Loading...
HomeMy WebLinkAboutResolution No. 6813 - Adopting MOU with Downey Public Safetly Auxiliary Association RESOLUTION NO. 6813 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION. 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 RESOLVE AS FOLLOWS: SECTION 1. The Memorandum of Understanding between the City of Downey and the Downey Public Safety Auxiliary Association, 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 City Clerk shall certify to the adoption of this Resolution and provide for the distribution thereof. APPROVED AND ADOPTED this 9th day of November, 2004. e � ( 1 ' .. ,.w.,.. .. ✓ V KIRK O. CARTOZIAN, Mayor ATTEST: /F• ice 021-eiderdie.} KATHLEEN L. MIDS'TOKKE, City Clerk RESOLUTION NO. 6813 PAGE TWO I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 9th day of November, 2004, by the following vote, to wit: AYES: 5 Council Members: Bayer, McCarthy, Perkins, Trejo, Mayor Cartozian NOES: 0 Council Member: None ABSENT: 0 Council Member: None ABSTAIN: 0 Council Member: None 1/4 44 KATHLEEN L. MIDSTOKKE, City Clerk MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES' ASSOCIATION/ MISCELLANEOUS UNIT November 1, 2003 - October 31, 2005 ARTICLE NO. IV V MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES' ASSOCIATION/ MISCELLANEOUS UNIT TITLE OF ARTICLE PAGE NO. RECOGNITION II NON - DISCRIMINATION III BASIC COMPENSATION PLAN 1 1 1 Sec. 1 — 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 4 Sec. 7 - Acting Pay 4 Sec. 8 - Out -Of -Class Pay 4 Sec. 9 - Bonus Pay for Training 4 Sec.10 - Bilingual Pay 4 Sec.11 - Supervising Librarian Pay 5 Sec. 12- Water System Operator Certificate Pay 5 WORK WEEK 5 Sec. 1 - Work Week 5 Sec. 2 - Voluntary Reduction of Full Time Hours 6 OVERTIME (COMPENSATORY TIME) 6 Sec. 1 - Compensation for Overtime 6 Sec. 2 - No Pyramiding 6 Sec. 3 - Discouragement of Overtime 6 Sec. 4 - Emergency Service Condition 7 Sec. 5 - When Absent from Duty 7 Sec. 6 — Overtime 7 Sec. 7 — Ineligibility 7 VI COMPENSATION FOR SPECIAL CALL -IN 7 VII HOLIDAYS 7 VIII VACATION 8 IX LEAVES OF ABSENCE 9 Sec. 1 - Leaves of Absence 9 Sec. 2 - Written Notice of Intent to Return 10 Sec. 3 - Outside Employment While on Leave 10 Sec. 4 - Sick Leave 10 Sec. 5 - Emergency Leave 12 Sec. 6 - Personal Leave 12 Sec. 7 - Workers' Compensation Injury on Duty 12 Sec. 8 - Employee Disability Leave 13 Sec. 9 - Military Leave 13 Sec. 10 - Jury Duty 14 Sec. 11 - Maternity Leave 14 X FRINGE BENEFIT ADMINISTRATION 14 XI HEALTH, DENTAL AND LIFE INSURANCE 15 Sec. 1 - Medical Insurance 15 Sec. 2 - Dental Insurance 15 Sec. 3 - Life Insurance 15 Sec. 4 - Long Term Disability Insurance 15 XII RETIREMENT 16 Sec. 1 - PERS Coverage/ Employer Paid Member Contribution 16 Sec. 2 - Employee's Contribution 16 Sec. 3 - Retiree Medical Annuity 16 Sec. 4- PERS Coverage 17 XIII TUITION REIMBURSEMENT 17 XIV PROBATIONARY PERIOD 18 XV SENIORITY 18 XVI CITY RIGHTS 19 XVII EMPLOYEE ORGANIZATION RIGHTS AND 21 RESPONSIBILITIES ii Sec. 1 - Dues Deductions 21 Sec. 2 — Indemnification 21 Sec. 3 - Release Time for Meet and Confer 21 Sec. 4- Maintenance of Membership 21 XVIII NO STRIKE - NO LOCKOUT 21 XIX GRIEVANCE PROCEDURE 22 XX XXI XXI I Sec. 1 — Grievance 22 Sec. 2 - Conduct of the Grievance Procedure 22 Sec. 3 - Grievance Procedure Steps 22 MISCELLANEOUS 24 Sec. 1 - Substance Abuse Policy 24 Sec. 2 - Labor Management Committee 25 Sec. 3 - Transfer Rights 25 Sec. 4 — Reopener PERS /Pension Plans 26 Sec. 5 - Family Leave 26 Sec. 6 — Rest Periods /Breaks 26 Sec. 7 - Survey 26 Sec. 8 — Reopener 26 SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING 26 WAIVER OF BARGAINING DURING TERM OF 27 THIS AGREEMENT XXIII EMERGENCY WAIVER PROVISION 27 XXIV SEPARABILITY 27 XXV TERM OF MEMORANDUM OF UNDERSTANDING 27 XXVI RATIFICATION AND EXECUTION 28 iii MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES' ASSOCIATION/ MISCELLANEOUS UNIT RECOGNITION ARTICLE I 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. 1 Section 1. Salary Increases/ Adjustments A. Salary Increase. All employees covered by this Memorandum of Understanding shall receive the following salary increases: 1. Effective October 27, 2003, two per cent (2 %). Only employees who are on payroll the date of the adoption of the agreement shall be eligible for the retroactive adjustment. 2. Effective October 25, 2004, two per cent (2 %) Section 2. The Plan of Salary Schedules. A. Description of Schedules. The pay plan consists of a set of monthly salary schedules. Each of such schedules is designated by a schedule number. Each schedule consists of five (5) steps of monthly 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 twelve (12) times the monthly rate by fifty -two (52) times the number of working hours per week. Section 3. Eligibility for Merit Salary Advancement. A. Eligibility for Salary Step Increases. ARTICLE III BASIC COMPENSATION PLAN 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. 2 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. 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 additional objective 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 prescribed salary, a monthly amount equal to the next salary step above their monthly base rate; and after twenty (20) years, one and one -half (1 -1/2) steps above their monthly base rate. 3 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 step, 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 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 60 consecutive work days or more shall receive Step A of the range for the classification in which the employee is performing active duties, or 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 -rank pay differential of 5.5% shall be authorized when an employee has actually worked in a position of higher rank for a period of 15 consecutive workdays. 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. Bonus Pay for Training. At the department head's discretion, an entry level Step "A" employee's salary shall be reduced by an amount equal to two and three - quarters percent (2.75 %) of the appropriate range in the salary schedule for a maximum period of twelve (12) months and paid to an employee or employees who are assigned by the department head to train new employees. To be eligible to receive the bonus pay for training, an employee must be specifically assigned to a trainee by the department head. A trainer will receive the extra stipend for hours scheduled and worked in a training capacity. Section 10. Bilingual Pay. Employees required to speak or translate Spanish as part of their regular duties will be compensated $23.08 per biweekly pay period in addition to their regular salary. 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 court certified interpreter, or an employee who has been certified by the Personnel Director to administer such examination. Employees must recertify at least every eighteen (18) months to maintain the eligibility. Effective October 30, 2000, qualified employees will be compensated at $46.15 per biweekly pay period. 4 Section 11. 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 8.25% per pay period as additional compensation above their regular scheduled 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 MOU. 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. 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 of $50 per month. B. 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 of $100 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). 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. WORK WEEK ARTICLE IV Section 1. The regular work week for all employees covered by this Agreement shall be forty (40) hours per week. 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 employee's workdays, 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. 5 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 MOU. 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 (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 the employee's regular hourly rate. 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. 6 Section 4. Emergency Service Condition. In accordance with Article XXIII, in the event of a severe emergency or national or state disaster, the City shall not be required to pay overtime. Regardless of any of the provisions of this Agreement, employees shall not be entitled to receive overtime during the first seven (7) calendar days of the severe emergency or disaster. Section 5. When Absent From Duty. In the event an employee is absent from duty whether for vacation, compensatory time, sick leave or other disability for a period exceeding five (5) work days, overtime during that work cycle will not be paid. Section 6. Overtime. Overtime may be compensated in 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 "comp. time" is available. In this instance, employees shall have the right to refuse the overtime assignment. Section 7. 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. Employees covered by this Agreement shall receive eight (8) hours of pay for each of the following holidays: 1. New Year's Day 2. Martin Luther King's Birthday 3. Washington's Birthday (President's Day) 4. Memorial Day 5. Independence Day 6. Labor Day 7 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. When a holiday falls on a day an employee is scheduled to work nine (9) hours, and the employee takes the day off, the employee shall be able to add one hour by choosing vacation, compensatory time, personal leave, or time without pay. Sick leave, other than personal leave, may not be used to supplement the holiday hours. 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 which shall be eight (8) hours of pay at the employee's regular hourly rate of pay together with pay at the employee's regular hourly rate of 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 AA attached and have been employed by the City for three years and are enrolled in the Public Employee's Retirement System and have a work schedule of over thirty hours per week on a regular and consistent basis, will receive 75% of this leave benefit (6 hours per holiday). ARTICLE VIII VACATION Section 1. Full -time employees covered by this Agreement shall accrue vacation leave with pay 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 vacation leave with pay 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 the employee's vacation because of manpower shortages or operational needs, the employee shall be paid all vacation in excess of two (2) years at the rate earned at the time the employee would have taken his or her vacation. All accumulated vacation in excess of two (2) years shall be taken off within ninety (90) days, at a time mutually agreeable to both the supervisor and the employee. If at all possible the supervisor shall accommodate the employee's desires as to the taking of vacations. If the employee does not take the excess vacation time off within the ninety (90) days, the employee will forfeit this excess time. 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 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 above, to which the employee is eligible to receive based upon the employee's years of service with the City. Section 5. Full time permanent employees who are separated from their employment with the City after completion of the probationary period, shall be paid all accrued vacation, if any, on a pro - rata portion of their unused vacation. Pro -rata vacation shall be calculated on the basis of one - twelfth (1/12th) of the employee's annual vacation pay for each full month of service worked by the employee during the employee's employment 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 Personnel 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 9 resignation. 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. 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 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 10 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. basis: G. Sick Leave Conversion on Retirement or Death. 1. Upon retirement of an eligible employee, 90% of an employee's unused accumulated sick leave shall be applied to pay full premiums for employee and dependent City health insurance coverage. The maximum number of hours that will be converted is 1,296 (90% of 1440). 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. 1. Accrued sick leave shall be valued for the purposes of Section G above, on the following 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 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. K. An employee, upon written notice to the Personnel Director, may opt out of the sick leave pay -off program as outlined in "G" above and may instead participate in the annual sick leave program outlined below: Sick Leave Annual Pay-off. To encourage appropriate use of sick leave, the following program is established on a two (2) year trial basis from January!, 1994 through December 31, 1996. Following the trial period, the program will be evaluated by the City for consideration of possible continuance. To be eligible for the sick leave annual pay -off program, an employee must have 160 hours of sick leave in his /her "bank." A sick leave program year will be established as January 1 through December 31. At the end of the program year, the amount of accrued and unused sick leave for that program year will be tabulated by the City for each employee. Thereupon, the employee must carry over to a sick leave bank a minimum of fifty -six (56) hours, if available. The employee 11 may then request cash payment for any remaining amount of unused sick leave above fifty -six (56) hours; or the remaining sick leave balance above fifty -six (56) hours may be added to the employee's sick leave bank. The maximum cash payment of unused sick leave that may be made to an employee in a program year is forty (40) hours. If, at the end of the program year, fifty -six (56) hours of unused sick leave are not available, then the amount of unused sick leave must be carried over into the employee's sick leave bank. 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. 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 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 I. 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. 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 bargaining unit, provided such placement is consistent with the City's affirmative action program and 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. 12 A. This Section establishes a disability leave plan at seventy -five (75) percent 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: Years of Service Maximum Time Allowance (Hours) Before Additional After Reimbursement Reimbursement Total 1 through 5 240 120 360 6 through 10 360 184 544 Over 10 480 240 720 B. Application for disability leave shall be made by the employee through the department head, to the City Manager, accompanied by full medical justification from a physician chosen by the City at the discretion of the City. Failure to submit to such an examination shall be a basis for terminating disability leave. If the City Manager approves the application, he shall notify the employee, in writing, of such approval. C. After the employee returns to work, the employee shall reimburse the City one -half (1/2) of the time used for such employee disability leave at a minimum rate of one -half (1/2) day of sick leave per month or may contribute vacation to accelerate employee's reimbursement to the City for providing the benefits under this Article. D. When the "maximum time allowance" has been reimbursed as set forth above, the employee shall be eligible to apply for additional disability leave on the basis of one (1) day's leave for each half (1/2) day reimbursed to the City; provided that no employee shall receive more than the "total" set forth above for his length of service, during his entire employment with the City. E. Disability leave shall not deprive an employee of his rights to vacation and sick leave accumulation during such leave. F. Grounds for termination of disability leave by the City Manager shall include, but not be limited to, the following reasons: 1. The employee has recovered from his illness or injury. 2. The disability leave was procured by fraud, misrepresentation or mistake. 3. 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. 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 13 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. 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. All employees shall have the right to at least six weeks of disability leave. Employees with at least one year of service, who are no longer disabled, may request additional unpaid leave up to a maximum of four (4) months. The City shall not unreasonably deny such requests. 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. 14 ARTICLE XI HEALTH, DENTAL AND LIFE INSURANCE Section 1. Medical Insurance. A. The City shall continue to contribute 100% to a medical benefit package for the employee and his /her dependents for the term of this Agreement. Effective November 1, 2000, the City agrees to add to the Kaiser Plan the benefit of eyeglass lenses every twenty -four months with a $70 frame allowance. B. Employee Withdrawal from City Health Plan. The City agrees to permit an employee to withdraw from the City health plan as follows: 1. The employee is either enrolled in the Kaiser Plan; or 2. The employee had claims paid for the year prior to the open enrollment in an amount equal to or greater than the employee premium rate, and 3. The employee presents written proof that the employee is covered by another health plan; and 4. The employee notified the City during the open enrollment period. The City agrees that the employee who is qualified to withdraw shall receive $81.00 per month if the withdrawal is for employee only coverage, $162.00 per month if the withdrawal is for employee plus one coverage, or $229.00 per month if the withdrawal is for family coverage, to be added to the employee's paycheck or to be placed in the City'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 shall contribute to a dental benefit package for the employee and dependents at a cost of $31.95 per employee per month. Any amounts necessary to fund existing benefits in excess of the amounts that the City is obligated to contribute set forth above shall be borne by the employee. 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!, 1990, each employee covered by this agreement shall be provided long term disability insurance. 15 ARTICLE XII RETIREMENT Section 1. PERS Coverage /Employer Paid Member Contribution. Employees covered by this Agreement participate in the Public Employees Retirement System. Employee options are described in a contract between the City of Downey and the Public Employee Retirement System and are incorporated into this Memorandum of Understanding. The City agrees to amend the PERS contract to provide the benefit known as 2.7% at 55, effective August 19, 2002. A. When the 2.7% @ age 55 PERS contract amendment is effective (estimated as August 19, 2002), the City agrees to "pick -up" the additional one percent employee contribution required under PERS law. B. The parties acknowledge that there is a cost in providing 2.7% @ Age 55. The PERS actuary has calculated the "change to normal cost" to be 2.280% of salary. The Association agrees that if the employer rate increases above 2.280 %, then effective the date of the rate adjustment the deduction for the employee contribution to PERS will increase by a corresponding amount. The City agrees that should a PERS Actuary later determine that the "change to normal cost" be less than 2.280 %, then the City will increase the employee's salary by an equal amount. Section 2. Employee's Contribution. Seven (7) percent of the employee's gross salary is applied to the employee's contributions to the Public Employees Retirement System. Section 3. 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 $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 $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 retired employee 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 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 16 benefits will cease. 2. If the retired employee 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 retired employee pays the balance owing for such coverage if any. 4. Upon the death of the retired employee, this benefit shall cease. 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. Section 4. PERS Coverage. The City agrees to process the amendment to the PERS contract to provide the benefit known as Fourth Level 1959 Survivor Benefit, when: 1) All non - safety groups have agreed if PERS should charge the City an employer rate for the 1959 Survivor Benefit greater than the current rate (0 %), then the City is entitled to establish a corresponding payroll deduction for each employee represented by the Association; and 2) Each Association has submitted a written statement that their members have approved of the PERS amendment and have been advised of the potential cost. 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. 17 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. 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. 18 Section 3. Layoffs. A. Whenever, in the judgment of the City Council, it becomes necessary to lay off 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 (I) 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 causes 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 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. CITY RIGHTS ARTICLE XVI 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 19 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. 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. 0. 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 on 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, 20 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. Dues Deductions. The City shall deduct dues on a regular basis from the pay of all employees in the classifications and positions recognized to be represented by the Association, who voluntarily authorize such deduction, in writing, on a mutually agreed upon form to be provided for this purpose. The City shall remit such funds to the Association within thirty (30) days following their deduction. Section 2. Indemnification. The Association agrees to hold the City harmless and indemnify the City against any claims, causes of actions or lawsuits arising out of the deductions or transmittal of such funds to the Association, except the intentional failure of the City to transmit to the Association monies deducted for the employees pursuant to this Article. Section 3. Release Time for Meet and Confer. The Association may select a maximum of three (3) 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. Section 4. Maintenance of Membership. Any employee who is currently a member of the Association or becomes a member of the Association after the adoption of this Agreement shall continue to pay to the Association those dues or fees regularly charged members of the Association for the life of this Agreement; except that during October of each year, any employee may withdraw from the Association and discontinue dues deductions. 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, layoff, 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. 21 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 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 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 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. 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. 22 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 ", or if the 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 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 23 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. MISCELLANEOUS ARTICLE XX 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 that 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 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. 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 drug 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 24 fluids, will be collected in a DOX Security Container System or other 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 Druid 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 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. 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 3. 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. 25 Section 4. Reopener - PERS /Pension Plans. The City agrees to meet and confer in good faith with the Association to discuss PERS retirement programs and /or other pension plans should the State adopt improvements to such programs during the term of this agreement. The Association agrees that the purpose of those discussions will not be to increase the overall cost of the agreement. Section 5. Family Leave. The City agrees to comply with the State and Federal family leave laws and will draft an Administrative Regulation which by reference will become part of this Agreement and will be reviewed with the Association prior to implementation. Section 6. 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. Section 7. Survey. During the term of this agreement, the City agrees to meet with the Association to develop criteria for a total compensation survey. The survey will be completed and given to the Association no later than July 31,2002. Section 8. Reopener. Should the City grant a salary increase to the DCEA Maint. Unit or Safety Auxiliary Unit totaling more than two per cent (2 %) November 2003 or two per cent (2 %) November 2004 and the Association requests to meet; the City agrees to meet and confer over the salary increase issue. The City and Association agree that for the purpose of this provision, salary adjustments to specific classifications to correct inequities shall not be considered salary increases. 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 above, 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. 26 WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT ARTICLE XXII 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, 2003, and shall continue in full force and effect until October 31, 2005. 27 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 day of , 2004. CITY OF DOWNEY: THE DOWNEY CITY EMPLOYEES' ASSOCIATION /MISCELLANEOUS UNIT By: By: By: By: By: By: By: 28 EXHIBIT "A" CLASSIFICATIONS REPRESENTED BY THE DOWNEY CITY EMPLOYEES ASSOCIATION /MISCELLANEOUS UNIT Accountant Account Clerk 1 Account Clerk 11 Administrative Assistant Administrative Clerk 1 Administrative Clerk 11 Assistant Civil Engineer Assistant Planner * *Assistant Superintendent of Physical Services * *Assistant Superintendent of Water and Sanitation *Associate Civil Engineer *Associate Planner Automation Circulation Systems Operator *Building Inspector Building Permit Technician Civil Engineer Computer Operator 1 Computer Operator 11 *Construction Inspector Data Entry Operator Engineering Aide Executive Secretary Fire Education Specialist *Fire Mechanic Hazardous Material Fire Inspector Housing Planner Housing Specialist 1 Housing Specialist 11 Integrated Waste Coordinator Junior Accountant *Junior Civil Engineer Junior Engineering Aide *Librarian Library Assistant *Network Administrator PABX Operator /Receptionist Parking Permit Inspector Personnel Analyst Personnel Technician *Plan Check Engineer Planning Technician Police Records Supervisor Principal Building Inspector 29 Principal Planner * *Principal Water Technician * *Programmer Project Assistant Public Works Supervisor 1 * *Public Works Supervisor II Real Estate Officer Recreation Coordinator Recreation Supervisor Reprographics Specialist * *Residential Rehabilitation Supervisor I* *Revenue Supervisor Secretary *Senior Accountant Senior Building Inspector Senior Code Enforcement Officer Senior Engineering Aide *Senior Librarian Senior Library Assistant *Senior Planner Senior Programmer /Analyst Special Projects Coordinator Technical Coordinator /Theater Theater Supervisor *Transit Coordinator * *Water Construction Specialist Water Quality Contract Administrator EXHIBIT "B" JOB FAMILIES 2 1 Account Clerk I Account Clerk 11 Junior Accountant Accountant Senior Accountant 2. Junior Engineering Aide Engineering Aide Senior Engineering Aide Junior Civil Engineer Assistant Civil Engineer Associate Civil Engineer Civil Engineer 3. Library Assistant Senior Library Assistant Automation Circulation Systems Operator Librarian Senior Librarian 4. Planning Technician Assistant Planner Associate Planner Senior Planner Principal Planner 5. Building Inspector Plan Check Technician Senior Building Inspector Plan Check Engineer Principal Building Inspector 6. Data Entry Operator Computer Operator I Computer Operator II Programmer Programmer /Analyst II Senior Programmer Analyst Network Administrator 7 Administrative Clerk I Administrative Clerk II Secretary Executive Secretary The Following Classifications Have No Job Family: Administrative Assistant Assistant Superintendent of Physical Services Assistant Superintendent of Water and Sanitation 2 Building Permit Technician Construction Inspector Fire Mechanic Hazardous Material Fire Inspector Housing Planner Housing Specialist I Housing Specialist 11 Integrated Waste Coordinator PABX Operator /Receptionist Parking Permit Inspector Personnel Analyst Personnel Technician Police Records Supervisor Principal Water Technician Project Assistant Public Works Supervisor 1 Public Works Supervisor 11 Real Estate Officer Recreation Coordinator Recreation Supervisor Reprographics Specialist Residential Rehabilitation Supervisor 1 Revenue Supervisor Senior Code Enforcement Officer Special Projects Coordinator Technical Coordinator /Theater Theatre Supervisor Transit Coordinator Water Construction Specialist Water Quality Contract Administrator 3