HomeMy WebLinkAbout08. DCEA-Misc MOU 2012-2014 07-24-12TO:
FROM:
SUBJECT:
RECOMMENDATION
AGENDA MEMO
Mayor and Members of the City Council
Office of the City Manager
By: Irma Youssefieh, Human Resources Director
ADOPTION OF MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES'
ASSOCIATION — MISCELLANEOUS UNIT
Staff requests the City Council adopt the attached resolution:
DATE: July 24, 2012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY
AND THE DOWNEY CITY EMPLOYEES' ASSOCIATION — MISCELLANEOUS UNIT
(April 1, 2012 — March 31, 2014)
DISCUSSION
Staff has reached agreement with the Downey City Employees' Association (DCEA) —
Miscellaneous Unit. This Association currently represents 72 employees in supervisory,
clerical, technical, and administrative level classifications. Labor negotiations for a new
contract term of April 1, 2012 to March 31, 2014 represents positive outcomes between
the City and the DCEA Miscellaneous Unit that include employee economic
concessions to assist the City in meeting projected fiscal challenges in Fiscal Years
2012 -2013 and 2013 -2014. These concessions include: benefit reductions in the City's
medical insurance program effective July 1, 2012; a change from a self- funded medical
program to a fully insured program effective October 1, 2012 with a reopener in June
2013 to discuss further changes to ensure cost savings are maintained in Fiscal Year
2013 -2014; an employee contribution of 2% compensation towards employer retirement
costs that begins with the pay period that includes July 1, 2012 and an additional 2%
(for a total of 4 %) contribution starting in the pay period that includes July 1, 2013; and,
an agreement on mandatory non -paid furlough leave for unit employees in Fiscal Years
2012 -2013 and 2013 -2014 in the amount up to but not to exceed 72 hours per year.
The Memorandum of Understanding is a product of a labor negotiation process
involving the DCEA — Miscellaneous Unit and City management representatives. This
process was completed in accordance with State law and the City's Personnel Rules
and Regulations.
FISCAL IMPACT: Based on current information available and dependent upon total claims
incurred by the City's self- funded medical plan at termination, City -wide medical savings are
CITY OF DOWNEY, CALIFORNIA
projected to be approximately $1.5M in Fiscal Year 2012 -2013. Additional savings in
personnel costs in Fiscal Year 2012 -2013 and 2013 -2014 is approximately $217,142 per year.
S: /Agenda Memos.CC.2012 /DCEA Misc.Unit.MOU.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY
AND THE DOWNEY CITY EMPLOYEES' ASSOCIATION — MISCELLANEOUS UNIT
(April 1, 2012 — March 31, 2014).
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.
ATTEST:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Memorandum of Understanding between the City of Downey and the
Downey City Employees' Association — Miscellaneous Unit, attached hereto, is hereby approved
in substantially the form thereof together with any additions thereto or changes therein deemed
necessary or advisable by the City Manager.
SECTION 2. The Human Resources Director is authorized to sign the Memorandum of
Understanding.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 24 day of July, 2012.
Adria M. Jimenez, City Clerk, CMC
AYES: Council Members:
NOES: Council Member:
ABSENT: Council Member:
ABSTAIN: Council Member:
Roger C. Brossmer, Mayor
HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the
City of Downey at a regular meeting held on the 24 day of July, 2012 by the following vote,
to wit:
Adria M. Jimenez, City Clerk, CMC
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF DOWNEY
AND
THE DOWNEY CITY EMPLOYEES' ASSOCIATION -
MISCELLANEOUS UNIT
April 1, 2012 — March 31, 2014
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY
AND
THE DOWNEY CITY EMPLOYEES' ASSOCIATION -
MISCELLANEOUS UNIT
ARTICLE NO. TITLE OF ARTICLE PAGE NO.
I RECOGNITION 1
11 NON - DISCRIMINATION 1
III BASIC COMPENSATION PLAN 2
IV
Sec. 1 - Salary Increases/ Adjustments 2
Sec. 2 - Plan of Salary Schedules 2
Sec. 3 - Eligibility for Merit Salary Advancement 2
Sec. 4 - Salary Schedule Step Reduction 3
Sec. 5 - Merit Longevity 3
Sec. 6 - Eligibility for Promotion Increases 3
Sec. 7 - Acting Pay 4
Sec. 8 - Out -Of -Class Pay 4
Sec. 9 - Bilingual Pay 4
Sec.10- Supervising Librarian Pay 4
Sec. 11- Cemetery Dist. Coordinator Assignment Pay 4
Sec. 12 -Water Systems Operator Certificate Pay 5
Sec. 13- Hazardous Materials/ Fire Inspector 5
WORK WEEK 5
Sec. 1 - Work Week 5
Sec. 2 - Voluntary Reduction of Full Time Hours 6
V OVERTIME (COMPENSATORY TIME) 6
Sec. 1 - Compensation for Overtime 6
Sec. 2 - No Pyramiding 6
Sec. 3 - Discouragement of Overtime 6
Sec. 4 - When Absent from Duty 7
Sec. 6 - Ineligibility 7
VI COMPENSATION FOR SPECIAL CALL -IN 7
VII HOLIDAYS 7
VIII VACATION 8
IX LEAVES OF ABSENCE 9
XI I
Sec. 1 - Leaves of Absence 9
Sec. 2 - Written Notice of Intent to Return 9
Sec. 3 - Outside Employment While on Leave 9
Sec. 4 - Sick Leave 9
Sec. 5 - Emergency Leave 11
Sec. 6 - Personal Leave 11
Sec. 7 - Workers' Compensation Injury on Duty 11
Sec. 8 - Employee Disability Leave 12
Sec. 9 - Military Leave 13
Sec. 10 - Jury Duty 13
Sec. 11 - Maternity Leave 13
Sec. 12 - Family Leave 13
Sec. 13 — Reduction in Salary Through Mandatory Unpaidl3
Furlough Leave
X FRINGE BENEFIT ADMINISTRATION 14
XI HEALTH, DENTAL AND LIFE INSURANCE 14
Sec. 1 - Medical Insurance 14
Sec. 2 - Dental Insurance 16
Sec. 3 - Life Insurance 16
Sec. 4 - Long Term Disability Insurance 16
RETIREMENT 16
Sec. 1 — CaIPERS Retirement Plan 16
Sec. 2 — First Tier Retirement Formula 16
Sec. 3 - Second Tier Retirement Formula 16
Sec. 4 - Survivor /Death Benefits 16
Sec. 5 - Employee (Member) CaIPERS Contribution - 16
First Tier
Sec. 6 - Employee (Member) CaIPERS Contribution — 17
2 Tier Formula
Sec. 7 - Retiree Medical Annuity 17
XIII TUITION REIMBURSEMENT 18
XIV PROBATIONARY PERIOD 19
XV SENIORITY 19
XVI CITY RIGHTS 20
XVII EMPLOYEE ORGANIZATION RIGHTS AND 22
RESPONSIBILITIES
Sec. 1 - Agency Shop Agreement 22
Sec. 2 - Dues Deductions 25
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Sec. 3 - Release Time for Meet and Confer 25
XVIII NO STRIKE - NO LOCKOUT 25
XIX GRIEVANCE PROCEDURE 26
XX
Sec. 1 - Grievance 26
Sec. 2 - Conduct of the Grievance Procedure 26
Sec. 3 - Grievance Procedure Steps 26
MISCELLANEOUS 28
Sec. 1 - Substance Abuse Policy 28
Sec. 2 - DOT Controlled Substance and 29
Alcohol Testing Program
Sec. 3 - Labor Management Committee 30
Sec. 4 - Transfer Rights 30
Sec. 5 - Rest Periods /Breaks 30
XXI SOLE AND ENTIRE MEMORANDUM 30
OF UNDERSTANDING
XXII WAIVER OF BARGAINING DURING TERM OF 31
THIS AGREEMENT
XXIII EMERGENCY WAIVER PROVISION 31
XXIV SEPARABILITY 31
XXV TERM OF MEMORANDUM OF UNDERSTANDING 32
XXVI RATIFICATION AND EXECUTION 32
Exhibit A CLASSIFICATIONS REPRESENTED BY ASSOCIATION 33
Exhibit B JOB FAMILIES 35
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MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY
AND THE DOWNEY CITY EMPLOYEES' ASSOCIATION -
MISCELLANEOUS UNIT
ARTICLE I
RECOGNITION
Pursuant to the provisions of the Employee Relations Ordinance of the City of Downey,
the City of Downey (hereinafter called the "City ") has recognized the Downey City Employees'
Association (hereinafter called the "Association ") as the recognized majority representative of all
full -time employees and part -time employees (who work an average of 30 hours per week)
covered in the classifications listed on Exhibit A. The City has recognized the Association for
the purpose of meeting its obligations under the Meyers - Milias -Brown Act, Government Code
Section 3500 etc. seq. and the Employee Relations Ordinance of the City when City rules,
regulations or laws affecting wages, hours or other terms and conditions of employment are
amended or changed.
ARTICLE II
NON - DISCRIMINATION
Section 1. The parties mutually recognize and agree to protect the rights of all
employees hereby to join and /or participate in protected Association activities or to refrain from
joining or participating in protected activities in accordance with the Employee Relations
Ordinance and Government Code Sections 3500 and 3511.
Section 2. The City and the Association agree that they shall not discriminate against
any employee because of race, color, sex, marital status, age, national origin, political or
religious opinions or affiliations. The City and the Association shall reopen any provision of this
Agreement for the purpose of complying with any final order of a federal or state agency or court
of competent jurisdiction requiring a modification or change in any provision or provisions of this
Agreement in compliance with state or federal anti - discrimination laws.
Section 3. Whenever the masculine gender is used in this Agreement, it shall be
understood to include the feminine gender.
Section 4. The City and the Association agree to comply with applicable federal and
state laws and regulations regarding the employment of the handicapped.
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ARTICLE III
BASIC COMPENSATION PLAN
Section 1. Salary Increases.
A. There are no salary increases scheduled for represented classes during the term
of this Memorandum of Understanding.
B. Re- Opener. Should the City grant a salary increase or increase to benefits to the
DCEA Maintenance Unit or the Downey Public Safety Auxiliary Association during the term of
this Agreement and the Association requests to meet, the City agrees to meet and confer over
the salary and /or benefit increase issue only.
Section 2. The Plan of Salary Schedules.
A. Description of Schedules. The pay plan consists of a set of monthly /hourly pay schedules.
Each schedule is designated by a schedule number. Each schedule consists of five (5) steps of
monthly /hourly compensation, each of which is designated by step letter.
B. Hourly Equivalent Calculation. For payroll purposes, the hourly equivalent of a
monthly rate shall be computed by dividing the monthly rate by 173.333 hours worked per
month (40 hours per week times 52 weeks in a year divided by 12 months in a year).
Section 3. Eligibility for Merit Salary Advancement.
A. Eligibility for Salary Step Increases.
1. Salary step increases shall be considered on a merit basis only, and then only
at the following times, and in accordance with subsection B below.
2. All full time appointments shall be made at the first step of the salary schedule
assigned that class, unless prior written approval of the City Manager is
obtained for appointments at a higher step in the assigned schedule.
3. No salary advancements shall be made so as to exceed the maximum rate
established in the salary schedule for the class to which the employee's
position is allocated.
B. Qualification for Salary Step Advancement.
1. Advancement shall not be automatic but, shall be based upon merit,
dependent upon increased service value of an employee to the City as
exemplified by recommendations of his supervisor, length of service,
performance record, special training undertaken, and other objective evidence.
2. Only employees rated as meeting the standard of work performance
expected of City employees shall be qualified to advance to the salary
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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 rate of
pay, a percentage amount equal to the next pay step above their base rate
(5.5 %); and after twenty (20) years, the percentage amount shall equal to one
and one -half (1 -1/2) pay steps (8.25 %) above their regular rate of pay.
B. Qualification for Merit Longevity. Merit longevity is to be provided as
continuing incentive to career employees. Such payment shall continue with approval of the
City Manager, only during such period as an eligible employee continues to "meets standards"
as defined above, and shall be terminated by the City Manager when the quality of service, as
evidenced by the performance rating of such employee, does not merit such additional
compensation.
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Section 6. Eligibility for Promotion Increases.
A. Any employee receiving a promotion shall receive a salary increase equivalent to
one pay step (5.5 %), or shall be placed on the first step of the salary schedule for the class to
which he is promoted, whichever is greater.
B. Any employee receiving a promotion who would otherwise have been eligible to
receive a merit increase within sixty (60) days of the effective date of such promotion, shall be
granted the merit increase prior to the application of provision A of this Section.
Section 7. Acting Pay. An employee who has been designated by the City to serve in
an acting capacity for sixty (60) consecutive work days or more shall receive Step A of the pay
range for the classification in which the employee is performing active duties, or five and one -
half percent (5.5 %), whichever is greater. Service in an acting capacity shall not be used as a
basis for, or in support of, a request for reclassification.
Section 8. Out -Of -Class Pay. The City may temporarily assign employees to work out
of classification. The selection of employees for an out -of- classification assignment shall be at
the discretion of the department head or designee. A temporary out -of- class pay differential of
five and one -half percent (5.5 %) shall be authorized with advance approval by the Department
Head when an employee is designated and scheduled to work in an out of class assignment.
Paid holidays shall be considered as days actually worked. Other forms of authorized leave
such as sick leave, emergency leave and vacation shall not be considered as days actually
worked.
Section 9. Bilingual Pay. Effective October 30, 2000, employees required to speak or
translate Spanish as part of their regular duties will be compensated forty -six dollars and fifteen
cents ($46.15) per biweekly pay period in addition to their regular rate of pay. The Assistant City
Manager has the authority and discretion to assign and /or remove this bonus up to budget
authority. To be eligible for this assignment, the employee must pass a conversational
examination administered by a certified interpreter or an employee who has been certified by
the Human Resources Director to administer such examination. Employees must recertify at
least every eighteen (18) months to maintain eligibility.
Section 10. Supervising Librarian Assignment Pay. Effective July 22, 1997, the City
Librarian, with the approval of the Director of Community Services, shall have the authority and
discretion, up to budget authority, to designate and /or remove any Librarian who is performing
supervisory duties as a "Supervising Librarian ". The City Librarian will have the authority to
establish job requirements and duties for "Supervising Librarian ". A Librarian designated and
assigned as a "Supervising Librarian" shall receive eight and one - quarter percent (8.25 %) per
pay period as additional compensation above their regular rate of pay while assigned as a
Supervising Librarian. The Association and its members understand, agree, and acknowledge
that should a Librarian transfer and discontinue "supervising" that the discontinuance of this
assignment pay does not constitute a punitive action. The City and Association agree that a
Librarian who is removed from the supervising assignment shall be entitled to grieve the
removal, but, in no instance shall be allowed to grieve beyond "Step Three" of the grievance
procedure contained in this Memorandum of Understanding.
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Section 11. Cemetery District Coordinator Assignment Pay. Effective February 23,
2009, the Executive Secretary designated as Cemetery District Coordinator by the Director of
Community Services shall receive eight percent (8.0 %) above the regular rate of pay as
additional compensation while assigned. The Association and the City understand,
acknowledge, and agree that this additional compensation shall only apply while the duties of
Cemetery District Coordinator are assigned to the Executive Secretary. The Association and
the City further agree that this special pay shall end when the current designee terminates
employment with the City, vacates the position of Executive Secretary, or the Community
Services Department is no longer assigned Cemetery District duties.
Section 12. Water System Operator Certificate Pay. Effective August 30, 2004
specified employees, who are assigned to the Water Division, shall receive additional
compensation at the following rates of pay upon attainment of the following California
Department of Health Services Distribution System Classification and Treatment Facility
Classification certificate(s).
A. Effective February 2006, employees who are assigned to the Water Division and
who maintain a D1 and /or T1 certificate shall be eligible for Certificate Level One Pay at the rate
of seventy -five dollars ($75.00) per month.
B. Effective February 2006, employees who are assigned to the Water Division who
maintain a D2 and /or T2 certificate or above shall be eligible for Certificate Level Two Pay at the
rate of two hundred twenty -five dollars ($225.00) per month.
C. Employees are entitled to receive only one level of Certificate Pay.
D. No additional compensation shall be granted for certificates at higher levels (e.g.
D3 /D5 and /or T3/T5).
E. Employees shall immediately notify their supervisor if they have lost their
certification for any reason. Failure to maintain the appropriate certificate will result in the loss
of certificate pay as well as additional appropriate personnel action.
Section 13. Hazardous Material /Fire Inspector. Effective July 2, 2007, the pay range
for the position is to be adjusted and maintained at a minimum of five and one -half percent
(5.5 %) above top step of the designated pay range for the position of Fire Engineer (40- Hour).
In addition to regular compensation, an employee in the position shall be eligible to receive the
following special compensation: Two hundred dollars ($200.00) each year for uniform
purchases and twenty dollars ($20.00) per month for uniform and accessory maintenance and
five and one -half percent (5.5 %) above their regular rate of pay for a valid Fire Inspector
certification Level I or II.
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WORK WEEK
ARTICLE IV
Section 1. Work Week. The regular work week for all employees covered by this
Agreement shall be forty (40) hours per week.
A. The 9/80 schedule provides eighty (80) hours of scheduled work in a two -week
cycle: (1) one week the employee works four 9 -hour days and one 8 -hour day; (2) the other
week consists of four 9 -hour work days with one day off. The "work week" for FLSA overtime
purposes shall be established as four hours into the shift of the 8 -hour day. Management shall
maintain the right to schedule employee's workdays, start and end times, establishing FLSA
"work weeks ", etc.
B. Employees with hardships may request to their department head to stay on the
five 8 -hour days per week work schedule. If the request is denied, the Association and City
agree that the only appeal shall be to the Assistant City Manager. The decision of the Assistant
City Manager shall be final with no further appeal.
C. Management shall retain the right to modify the work schedule, including but not
limited to, returning to a schedule of five 8 -hour days per week (40 hours per week); provided
that the City gives written notice to the Association and employees at least twelve (12) weeks
prior to implementing the change.
Section 2. Voluntary Reduction of Full Time Hours.
A. A department head may grant a request from a full time employee to reduce their
work hours below forty (40) hours in a "work week." Employees may request reductions of up
to, but not to exceed, sixteen (16) hours in a two -week pay period. This Section shall not apply
to employees who request reductions of more than sixteen (16) hours in a two -week pay
period.
B. Employees who participate in this voluntary program shall maintain their status of
"full time" with all the normal rights and privileges that status holds unless specifically altered by
this Section.
C. Employees who are granted a reduction shall have salary reduced in proportion
to the reduced hours or shall be paid for the actual hours worked.
D. The City shall continue contributions to medical benefits as outlined in this
Memorandum of Understanding.
E. Leave time benefits such as vacation, sick leave, and holidays shall be
reduced in proportion to the hours worked.
F. All approved programs shall begin on the first Monday in the month that begins a
two -week pay period. Employees approved for this program shall be required to remain on the
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reduced work schedule for at least two full pay periods. Employees shall only make two
requests /changes per fiscal year.
G. Nothing in this Section shall diminish management rights to schedule working
hours, starting times, the number of hours worked, nor right to refuse requests, nor other rights
as previously reserved.
ARTICLE V
OVERTIME
Section 1. Compensation for Overtime. All approved overtime worked by an
employee in excess of forty (40) in the employee's work week shall be paid at the rate of time
and one -half (1 %2) the employee's regular hourly rate of pay. Overtime may be compensated in
compensatory time off or money. Employees who are assigned to work overtime shall have the
right to be paid money, unless the form of compensation has been discussed in advance.
Management may inform employees prior to the performance of the work that only
compensatory time is available. In this instance, employees shall have the right to refuse the
overtime assignment.
Section 2. No Pyramiding. There shall be no "pyramiding" of overtime, which means
that employees shall not be compensated more than once for the same hours under any
provision of this Agreement.
Section 3. Discouragement of Overtime. It is the policy of the City that overtime work is to
be discouraged. However, in cases of emergency or whenever public interests or necessity
requires, any department or division head may require any employee in such department or
division to perform overtime work. The projects and types of work for which overtime may be
authorized shall be approved in advance by the City Manager, except in the event of
emergency, overtime is authorized by the department head or his designate.
Section 4. When Absent From Duty. In the event an employee is absent from duty
whether for vacation, compensatory time, or sick leave for a period exceeding five (5) work
days, overtime during that work cycle will not be paid.
Section 5. 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
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report back to work after completing the employee's normal work shift, left City premises, and /or
the employee's work location. Hours worked in excess of the two and six - tenths (2.6) hour
guarantee shall be counted toward the computation of overtime pay.
Section 2. If an employee is called in for two and six - tenths (2.6) hours or less before
the start of the regular work shift, such employee shall not be given the two and six - tenths (2.6)
hour guarantee.
ARTICLE VII
HOLIDAYS
Section 1. Effective February 10, 2009, employees covered by this Agreement shall be
compensated for the employee's regularly scheduled work shift by receiving holiday pay for the
following City recognized holidays:
1. New Year's Day
2. Martin Luther King's Birthday
3. Washington's Birthday (President's Day)
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veteran's Day
8. Thanksgiving Day
9. Day after Thanksgiving
10. Day before Christmas
11. Christmas Day
When a holiday falls on a weekday that is an employee's regular day off, the employee
shall receive eight (8) hours of compensatory time at straight time.
Section 2. When a holiday falls on a Saturday, the Friday preceding will be observed as
the holiday. When a holiday falls on a Sunday, the following Monday shall be observed as the
holiday. When Christmas Day falls on a Saturday, the day before Christmas shall be observed
on the previous Thursday. When Christmas Day falls on a Monday, the day before Christmas
shall be observed on the previous Friday.
Section 3. When an employee works on a holiday, the employee shall receive holiday
pay at eight (8) hours of straight time pay at the regular rate of pay together with pay for each
hour worked on the holiday.
Section 4. Should one of the holidays listed above fall during the employee's vacation
period, the employee shall receive holiday pay and no charge shall be made against the
employee's accumulated vacation.
Section 5. Part -time employees who are employed in classifications listed in Exhibit A
and have been employed by the City for three years, are enrolled in the California Public
Employee's Retirement System, and have a work schedule of over thirty hours per week on a
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regular and consistent basis, will receive seventy -five percent (75 %) of this leave benefit (6
hours per holiday).
ARTICLE VIII
VACATION
Section 1. Full -time employees covered by this Agreement shall accrue paid vacation
leave on the following scheduled basis:
Year of Service Hours Per Year Monthly Accrual
0 - 3 80 6.7 Hrs.
4 - 5 96 8.O Hrs.
6 - 10 120 10.0 Hrs.
11 - 15 136 11.3 Hrs.
16+ 160 13.4 Hrs.
Part -time employees who meet the criteria set forth in Article VII. Section 5, shall accrue
paid vacation leave on the following scheduled basis:
Years of Service Hours Per Year Monthly Accrual
0 - 3 60 5.0 Hrs.
4 - 5 72 6.0 Hrs.
6 -10 90 7.5 Hrs.
11 -15 102 8.5 Hrs.
16+ 120 10.0 Hrs.
Section 2. Vacation shall be taken at the convenience of the City with the approval of
the department head. Where possible, such vacation should be taken annually and not
accumulated from year to year. All eligible employees, however, shall be allowed to accumulate
two (2) years allowance of vacation. If the employee is prohibited by the supervisor from taking
vacation because of manpower shortages or operational needs, the employee shall be paid all
vacation in excess of two (2) years at the employee's regular rate of pay at the time of the pay-
off.
Section 3. When an employee who has become entitled to receive vacation under this
Article separates from City service either by retirement, permanent layoff or termination, the
employee shall be entitled to be paid for unused earned vacation at the regular rate of pay in
effect at the time of separation.
Section 4. Vacation shall be accrued on a monthly basis by dividing twelve (12) into the
number of eligible vacation hours per year, as set forth in Section 1 of this Article, to which the
employee is eligible to receive based upon the employee's years of service with the City.
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Section 4. Sick Leave.
ARTICLE IX
LEAVES OF ABSENCE
Section 1. Leaves of Absence. The City Manager may grant a permanent employee a
leave of absence for a specific purpose, without pay, for a period not to exceed up to one (1)
year. The City Council may grant a permanent employee a leave of absence for a specific
purpose, with pay, not to exceed one (1) year. No such leave shall be granted except upon
written request of the employee. Approval shall be in writing and a copy filed with the Human
Resources Office of the City. Upon expiration of a regularly approved leave, the employee shall
be reinstated in the position held at the time leave was granted. The employee shall report
promptly upon the expiration of any leave granted. Failure to report within a twenty -four (24)
hour period after expiration of leave shall be considered a voluntary resignation. Except as may
be provided by law, no employment or fringe benefits such as, but not limited to, sick leave,
vacation, health insurance, retirement or any other benefit shall accrue to any employee during
leave of absence without pay. An employee on approved leave may elect to pay the premiums
due in order to maintain health insurance benefits during the term of such leave.
Section 2. Written Notice of Intent to Return. An employee on leave of absence
must give the City at least seven (7) days written notice of the employee's intent to return to
work.
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.
A. Sick leave shall be defined as absence from duty because of illness or off the job
injury, or exposure to contagious diseases as evidenced by certification from an accepted
medical authority.
B. Sick leave shall be accrued by covered employees at the rate of eight (8) hours
per month. Part -time employees who meet the criteria set forth in Article VII, Section 5, shall
accrue sick leave at the rate of six (6) hours per month. Sick leave shall not be considered as a
privilege that an employee may use at his discretion but shall be allowed only in cases of
necessity and actual sickness or disability. Unused sick leave shall be accumulated without
limitation.
C. In order to receive compensation while absent on sick leave, the employee shall
notify a designated supervisor within two (2) hours of the time set for beginning duty, unless
notification is physically impractical. For any such absence, the employee shall file a written
statement with the City Manager stating the cause of the absence. When the absence is for
more than one (1) work day and if there is reasonable cause to indicate abuse of sick leave, the
department head concerned may require a physician's certificate stating the cause of absence
before said leave shall be approved by the City Manager.
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D. The right to benefits under the sick leave plan shall continue only during the period
that the employee is employed by the City. This plan shall not give any employee the right to be
retained in the service of the City, or any right of claim to sickness disability benefits after
separation from the services of the City.
E. Notwithstanding anything contained in this Section, no employee shall be entitled
to receive any payment or other compensation from the City while absent from duty by reason
of injuries or disability received as a result of engaging in employment other than employment
by the City, for monetary gain or other compensation, or by reason of engaging in business or
activity for monetary gain or other compensation other than business or activity connected with
City employment.
F. At the written request of the appointing authority, the City Manager may require an
employee to submit to an examination by the City's physician, and if the results of the
examination indicate the employee is unable to perform his duties, or in the performance of his
duties, exposes others to infection, the employee shall be placed on sick leave without privilege
of reinstatement until adequate medical evidence is submitted that the employee is competent
to perform his duties or will not subject others to infection. Any employee so examined shall
have the right to submit the reports of a competent medical authority of his own selection, and at
his own expense, in addition to the report submitted by the City's physician. In the event of a
conflict of opinion and /or recommendation of the two physicians, a third physician shall be
selected by the first two physicians and the final decision shall be made by the City Manager,
who may seek the advice of the Personnel Advisory Board of the City.
G. Sick Leave Conversion on Retirement or Death.
1. Effective November 15, 2008, one hundred percent (100 %) of an employee's
unused accumulated sick leave shall be deposited into the City Retirement
Savings Plan to be used for eligible medical expenses, provided that the
maximum number of hours that will be deposited is nineteen hundred (1,900).
H. In the event of a permanent or indefinite layoff, an employee with ten (10) years of
continuous service with the City shall be entitled to the above benefit. If such employee resigns
after receiving official notification of his impending layoff, he shall be eligible for the above
benefit.
I. Accrued sick leave shall be valued for the purposes of Section G above,
on the following basis:
1. Sick leave earned prior to June 30, 1974 shall be calculated at the rate prevailing
at the end of the fiscal year in which it was earned.
2. Sick leave taken shall be deducted from the oldest, lowest value accrued sick
leave first, provided, however, when an employee takes sick leave, the employee
shall receive for each day of sick leave one (1) day's pay at the employee's rate
of pay in effect at the time of taking sick leave. For covered employees hired
prior to June 30, 1974; and /or retirees with twenty (20) years of City service; or
retirees with a physical disability, or a psychological disability resulting from a
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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.
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.
Manager.
direct consequence of a violent act, sick leave shall be converted at the
prevailing rate.
Section 5. Emergency Leave.
C. All such claims for emergency leave are subject to verification by the City
Section 6. Personal Leave. With approval of the department head, forty -eight (48)
hours per year of an employee's sick leave may be used on personal matters which are of an
unseen combination of circumstances which call for immediate action. Such matters shall be
considered as those events or occurrences that a reasonable prudent person would not or could
not postpone to a subsequent time. The nature of the matter shall be explained to the
immediate supervisor and shall be granted with his approval. Such personal leave shall not be
cumulative from year to year.
Section 7. Workers' Compensation Injury On Duty (10D).
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
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position, the City may place the employee into another vacant position of equal level or lower within
the Association, provided such placement is approved by the appointing authority. Nothing herein
shall be construed to prevent such employee from applying for and competing for positions of a
higher class or positions represented by other bargaining units.
Section 8. Employee Disability Leave.
A. An employee that has at least one year of continuous service with the City and who has exhausted all accrued
leave (vacation, sick leave, compensatory time) due to non - industrial illness or injury can be advanced sick leave time at the rate of
seventy -five percent (75 %) of the employee's regular salary according to the following table:
Maximum Time Allowance (Hours)
Years of Service Total Hours
1 through 5 360
6 through 10 544
Over 10 720
B. An application for disability leave shall be made by the employee to the
City Manager or his designee through the department head, accompanied by medical
certification from a physician verifying the period of medical disability.
C. After the employee returns to work from disability leave, the employee's sick
leave accrual shall be reduced to four (4) hours per month and placed on a reimbursement
schedule with the Payroll Office to reimburse the City the value of the time used for such
employee disability leave. The employee may contribute vacation to accelerate employee's
reimbursement to the City for providing the benefits under this Article.
D. No employee shall receive more than the "Total" set forth above for his length
of service, during his entire employment with the City.
E. Grounds for termination of disability leave by the City Manager or his
designee shall include, but not be limited to, the following reasons:
1. The employee has recovered from his illness or injury.
2. The leave is being used as a pre- retirement leave for purpose of postponing
retirement or pension.
3. The disability leave was procured by fraud, misrepresentation or mistake.
4. The employee has not cooperated fully in supplying all information and
submitting to any examination requested by the City to determine the
existence or continuing nature of the employee's disability.
F. In the event an employee becomes ineligible to accrue sick leave or is scheduled
to end employment with the City and has not completed the reimbursement schedule for this
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benefit, the balance due shall be handled by payroll deduction or accounts receivable as
applicable.
Section 9. Military Leave. Military leave shall be granted in accordance with the
provisions of state and /or federal law. All employees entitled to military leave shall give the
appointing power an opportunity within the limits of military regulations, to determine when such
leave shall be taken.
Section 10. Jury Duty. Effective August 1, 1991, the City will not provide any paid
release time for jury duty to employees in classifications represented by the Association. If the
State and /or Federal Court Jury Commissioners rescind their present policy of granting
exemptions from jury service to persons who do not receive paid release time from their
employers, so as to require jury service despite the absence of such pay from their employer,
then the City's practice of providing paid release time to employees for jury duty shall be
reinstated immediately upon the effective date of such change for the applicable State and /or
Federal Court.
A. In the event that an employee is called for jury duty and wishes to serve, accrued
vacation leave, compensatory time or a leave of absence without pay shall be granted subject to
the scheduling requirements of the City.
B. In the event that the court fully reimburses the City for the full salary of an
employee on jury duty, the City will immediately reinstate the practice of providing paid release
time to employees for jury duty.
C. In the event that an employee is called for jury duty and the court does not
excuse jury service based on the non - payment of salary by the employer, the City shall grant
said employee paid release time for the required jury duty.
Section 11. Maternity Leave. The City agrees to comply with the State maternity leave
law. Administrative Regulation No. 418 is by reference incorporated herein.
Section 12. Family Leave. The City agrees to comply with the State and Federal
family leave laws. Administrative Regulation No. 430 is by reference incorporated herein.
Section 13. Reduction in Salary through Mandatory Unpaid Furlough Leave. The
Association agrees that in order to meet the City's economic challenges of Fiscal Year 2012-
2013 and Fiscal Year 2013 -2014, employees will be furloughed up to and not to exceed
seventy -two (72) hours in mandatory unpaid furlough leave during each fiscal year.
The City commits that it shall affirmatively review in September 2012 for Fiscal Year 2012 -2013
to determine if the total of seventy -two (72) mandatory unpaid furlough leave hours will be
needed before implementation. The City agrees to meet and confer in May 2013 to discuss the
need for up to and not exceeding seventy -two (72) hours in mandatory unpaid furlough leave in
Fiscal Year 2013 -2014.
With advance department head approval, furlough leave hours may be voluntarily taken in
increments of up to the number of hours in a regular work shift. In the event more mandatory
non -paid furlough leave hours are taken (not to exceed 72 hours) by an employee than are
needed after appropriate fiscal review, the City shall reimburse the employee with the total
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amount of non -paid furlough leave hours exceeded with an equivalent deposit of vacation hours.
Department operations will be considered in the scheduling of all unpaid furlough leave
including special needs.
ARTICLE X
FRINGE BENEFIT ADMINISTRATION
Section 1. Administration. The City reserves the right to select the insurance carrier
or administer any fringe benefit programs that now exist or may exist in the future during the term
of this Agreement.
Section 2. Selection and Funding. In the administration of the fringe benefit
programs, the City shall have the right to select any insurance carrier or other method of
providing coverage to fund the benefits included under the terms of this Agreement, provided
that the benefits of the employees shall be no less than those in existence as of the
implementation of this Agreement.
Section 3. Changes. If, during the term of this Agreement, any change of insurance
carrier or method of funding for any benefit provided hereunder occurs, the City shall notify the
Association prior to any change of insurance carrier or health plan administrator or method of
funding the coverage.
ARTICLE XI
HEALTH, DENTAL AND LIFE INSURANCE
Section 1. Medical Insurance.
A. Effective July 1, 2012 to September 30, 2012, the City shall provide medical
insurance benefits as follows:
Downey Self- Funded Plan:
a. Increase in the Annual Deductible for In- Network/Out -Of- Network from $100
(per person) /$250 (per family) to $500 (per person) /$1000 (per family).
b. Reduce Out of Network co- insurance rate from 80% to 70 %.
c. Increase the maximum Out of Pocket, excluding the prescription benefit out -
of- pocket, from In- Network/Out -Of- Network $250 (per person) /$500 (per
family) to $2,500 (per person) /$5,000 (per family).
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d. Increase in prescription cost from $3 for generic products (Tier 1); $5 for
preferred brand products (Tier 2), and $0 mail order to:
• 30 day supply: $10 generic /$15 brand /$45 non - formulary brand
• 90 day supply by mail order: $20 generic /$30 brand /$90 non - formulary
brand.
e. Increase office visit co- payment from $0 to $20.
f. The City shall continue to contribute one hundred percent (100 %) of the cost
of coverage for an employee plus his qualified dependent(s) in this plan.
Kaiser:
a. Increase Co -Pay from $5 to $10.
b. The City shall continue to contribute one hundred percent (100 %) of the
premium cost to provide coverage for an employee plus his or her qualified
dependent(s) in this plan.
B. Effective for coverage beginning October 1, 2012, the City shall contract with
CaIPERS for the provision of medical insurance benefits under PEMHCA:
1. The City shall contribute one hundred percent (100% of the premium cost of any
plan selected by the employee to provide coverage for the employee and his or
her qualified dependents, except that if the employee selects the PERSCare
plan, the employee must pay the difference between the PERSCare premium
and the next highest premium.
2. The City and the Association agree to a reopener in February 2013 to discuss
the City's contribution amount if the fiscal review of the City's change to
CaIPERS PEMHCA does not result in projected City -wide cost savings of $1.5
million in FY 2013 -14.
3. In its contract to implement the CaIPERS PEMHCA medical insurance program,
the City will structure mandated employer contributions for retirees in a manner
to maintain cost savings.
4. The parties shall, by mutual agreement, make any necessary and legal
modifications to the retiree medical benefits provisions in the Memorandum of
Understanding necessary for conversion to the CaIPERS PEMCHA program that
are consistent with the benefits set forth in Article XII, Section 7.
C. Employee Waiver of Medical Coverage. The City agrees to permit an
employee to waive City sponsored medical coverage as follows:
1. The employee presents written proof to the Human Resources Office that his /her
qualified dependent(s) are covered by another non -City sponsored health plan;
and
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2. The employee notified the City during the enrollment period upon hire or during
the City's announced annual open enrollment period.
The City agrees that the employee who is qualified to waive coverage shall receive eighty -one
dollars ($81.00) per month if waiver eligibility is for employee only coverage, one hundred sixty -
two dollars ($162.00) per month if waiver eligibility is for employee plus one coverage, or two
hundred twenty -nine dollars ($229.00) per month if waiver eligibility is for family coverage. The
eligible amount will be added to the employee's paycheck or will be placed in the employee's
deferred compensation plan.
Section 2. Dental Insurance. The City will continue to make a maximum contribution of
$31.95 per month per employee for dental insurance coverage in the dental HMO plan.
Effective January 1, 2006 (benefit year 2006), the City agrees to increase the maximum benefit
under the Delta Dental coverage from $1,000 to $2,000 for each enrollee per calendar year.
The City agrees to absorb any increase in cost and the Association agrees that the employee's
contribution will continue to be $37.52 per month. The City and Association agree that the
City's contribution amount will be capped at the amount equal to the premium to be effective
July 1, 2007 minus the employee contribution of $37.52.
Section 3. Life Insurance. Each employee covered by this Agreement shall be
provided with a group term life insurance benefit of $10,000.
Section 4. Long Term Disability Insurance. Effective January 1, 1990, each
employee covered by this Agreement shall be provided long term disability insurance.
ARTICLE XII
RETIREMENT
Section 1. CaIPERS Retirement Plan. Employees covered by this Agreement
participate in the California Public Employees Retirement System (CaIPERS). Employee
options are described in a contract between the City of Downey and the California Public
Employees' Retirement System and are incorporated into this Memorandum of Understanding.
Section 2. First Tier Retirement Formula. Effective August 19, 2002, the City
amended the CaIPERS contract to provide the benefit known as 2.7% at 55 retirement formula,
as set forth in California Government Code Section 21354.5.
Section 3. Second Tier Retirement Formula. Effective January 11, 2012, the City
amended the CaIPERS contract to provide the benefit known as 2% at 60 second tier retirement
formula, as set forth in Government Code Section 21353.
Section 4. Survivor /Death Benefits. Effective July 13, 2009, the City implemented
the PERS contract amendment to include: (a) the Level 4 1959 PERS Survivor's Benefit
program (section 21574) and (b) the Pre - Retirement Optional Settlement 2 Death Benefit
(section 21548).
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Section 5. CaIPERS Employee Contribution — First Tier Retirement Formula.
A. In accordance with existing practice and Government Code Sections 20636 (c)
(4), and 20691, the City will pay the CaIPERS member contribution (equal to 8 %) for employees
enrolled in the 2.7% @ 55 first tier formula and report the contribution as compensation
earnable (referred to as reporting the value of Employer Paid Member Contribution (EPMC) as
special compensation).
B. Effective the pay period that includes July 1, 2012, employees shall begin to have
deducted, on a pre -tax basis, two percent (2 %) of CaIPERS reportable compensation, pursuant
to California Government Code Section 20516(f).
C. Effective the pay period that includes July 1, 2013, employees shall have
deducted an additional two percent (2 %) of CaIPERS reportable compensation, for a total of
four percent (4 %), on a pre -tax basis, pursuant to Government Code Section 20516(0.
D. Should an employee be mandated by a change in law or other action to
contribute any portion of the required employee (member) contribution to CaIPERS, the City
shall take all action necessary to reduce the deduction then being made pursuant to California
Government Code Section 20516(f), above, by the amount of the mandated employee
contribution.
E. The City shall take action, if necessary, to pass a resolution setting forth that all
deductions or contributions under this Section shall be regarded as a pick -up of retirement costs
pursuant IRC 414(h)(2).
Section 6. Employee (Member) CaIPERS Contribution — Second Tier Formula.
A. All eligible employees hired on or after January 11, 2012 shall be enrolled in the
second tier 2% @ 60 retirement formula and will pay the full seven percent (7 %) member
contribution for the entire term of their employment. Such payment will be handled on a pre -tax
basis by way of a bi- weekly payroll deduction.
Section 7. Retiree Medical Annuity. An employee who retires from the City of
Downey after January 1, 1989, shall be entitled to participate in the City sponsored medical plan
and the City shall contribute up to a maximum of ninety -eight dollars ($98.00) per month toward
the premium for employee only coverage under the City sponsored medical plans, provided:
A. At the time of retirement the employee has a minimum of ten (10) years of
service, or is granted a service- connected disability retirement; and
B. At the time of retirement the employee is employed by the City; and
C. Effective the day after official separation from the City the employee has been
granted a retirement allowance by the California Public Employees' Retirement System.
D. The City's obligation to pay up to a maximum of ninety -eight dollars ($98.00) per
month toward the premium in the City plan shall be modified downward or cease during the
lifetime of the retiree upon the happening of any one of the following:
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1. During any period the retiree is eligible to receive or receives health
insurance coverage at the expense of another employer the payment will be
suspended. "Another employer" as used herein means private employer or
public employer or self - employed or the employer of a spouse. As a
condition of being eligible to receive the premium contribution set forth
above, the City shall have the right to require any retiree to annually certify
that the retiree is not receiving any such paid health insurance benefits from
another employer. If it is later discovered that misrepresentation has
occurred, the retiree will be responsible for reimbursement of those amounts
inappropriately expended and the retiree's eligibility to receive benefits will
cease.
2. If the retiree becomes eligible to enroll, automatically or voluntarily, in Medical
or Medicare, the City's plan shall provide secondary coverage only and the
City's contribution rate set forth above shall be adjusted downward
accordingly.
3. In the event the Federal government or State government mandates an
employer- funded health plan or program for retirees, or mandates that the
City make contributions toward a health plan (either private or public plan) for
retirees, the City's contribution rate set forth above shall be first applied to
that plan. If there is any excess, that excess may be applied toward the City
medical plan as supplemental coverage provided the retiree pays the
balance owing for such coverage if any.
4. Upon the death of the retiree, this benefit shall cease. The surviving spouse
shall be able to continue coverage on a single party basis by paying the
appropriate premium.
E. It is understood and agreed that the annual amount contributed by the City to fund
the Retiree Medical Annuity on behalf of the employees, shall be included as an item of
compensation in total compensation survey comparisons.
F. Effective February 10, 2009, a retiree covered by this Section who no longer
resides in California and relocates his or her primary residence to a City that is not reasonably
served by Kaiser (or the City's HMO provider, if Kaiser is no longer the HMO provider) may elect
to discontinue coverage under any of the City sponsored medical plans, effective at the end of
any calendar quarter. In such a case, the retiree may present the City with proof of payment for
alternate health insurance coverage and receive from the City reimbursement on a quarterly
basis for the cost of the alternate insurance up to the amount to which the retiree is entitled in
Section 7 above. Once a retiree withdraws from eligibility to participate in a City sponsored
health plan for coverage under an alternate insurance plan, the retiree may not re- enroll in a
City sponsored medical plan.
Medical reimbursement will cease upon the occurrence of any of the following:
1. The retiree fails to submit appropriate proof of payment for alternate health
insurance coverage within sixty (60) days of the end of the reimbursement
quarter.
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2. The death of the retiree.
ARTICLE XIII
TUITION REIMBURSEMENT
Section 1. With prior approval of the City Manager, employees may be reimbursed for
tuition and books for courses taken to improve their value to the City. Tuition shall be
reimbursed for courses as recommended by the department heads with job related justification
and approved by the City Manager, with quarterly reports to the City Council including the
names of individuals, their positions, and the courses taken. Employees must receive a passing
grade in order to be reimbursed for the course. Reimbursement shall be made at the rate of
tuition equivalent to the rate charged at California State University at Los Angeles for courses
on the quarter system, and California State University at Long Beach for courses on the
semester system. The employee will be reimbursed for required books only.
ARTICLE XIV
PROBATIONARY PERIOD
Section 1. An original or promotional appointment will be tentative and subject to a
probationary period of not less than six (6) months, except that the City Manager may extend
the probationary period for a class up to an additional six (6) months or for a marginal employee
who is on probation for up to an additional three (3) months. During the probationary period an
employee may be terminated at any time because of unsatisfactory performance. During the
probationary period the employee's supervisor shall attempt to counsel the probationary
employee on a periodic basis, prior to the end of the probationary period regarding his
performance.
Section 2. If the service of the probationary employee has been satisfactory to the
appointing authority, then the appointing authority shall file with the personnel officer a merit
rating including a statement, in writing, to such effect and stating that the retention of such
employee in the service of the City is desired. If the services of the employee are deemed to be
unsatisfactory and his employment is to be terminated at or before the expiration of the
probationary period, the appointing authority shall file with the Personnel Officer, a statement in
writing setting forth this action to be taken.
Section 3. All probationary periods shall extend to the first day of the month following
the period of probation.
Section 4. Rejection Following Promotion. Any employee rejected during the
probationary period following a promotional appointment or at the conclusion of the probationary
period by reason of failure of the appointing power to file a statement that his services have
been satisfactory, or at the discretion of the employee, shall be reinstated to the position from
which he was promoted unless charges are filed and he is discharged in the manner provided in
the Personnel Ordinance and the rules for positions in the classified service. If there are no
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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.
period.
Section 2.
A. No employee shall acquire any seniority until he has completed his probationary
B. When an employee has completed his probationary period, his seniority shall
date from date of hire.
Section 3. Layoffs.
A. Whenever, in the judgment of the City Council, it becomes necessary to layoff
employees, the City may abolish any position covered by this Agreement. Any employee
holding an abolished position will be subject to layoff and have no right to demand that written
charges or reasons therefore be filed, and shall have no right of appeal or hearing.
B. Seniority shall be observed in affecting layoffs in personnel. The least senior
employee in a classification subject to layoff will be laid off first.
C. An employee subject to layoff may exercise his seniority (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 cause the employee to lose his seniority rights.
Section 5. Names of employees laid off shall be placed on a re- employment list in order
of their seniority and shall remain on such list for a period of two years. During this time, the
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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
reasons.
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
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
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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.
cause.
L. To discharge, suspend, demote, or otherwise discipline employees for proper
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.
O. To determine policies, procedures and standards for selection, training and
promotion of employees.
P. To maintain order and efficiency in its facilities and operations.
Q. To establish and promulgate and /or modify rules and regulations to maintain
order and safety in the City which are not in contravention with this Memorandum of
Understanding.
R. To take any and all necessary action to carry out the mission of the Agency in
emergencies.
Section 2. Except in emergencies, as defined in Article XXIII, or where the City is
required to make changes in its operations because of the requirements of law, whenever the
exercise of Management's rights shall impact employees of the bargaining unit, the City agrees
to meet and confer with representatives of the Association regarding the impact of the exercise
of such rights, unless the matter of the exercise of such rights is provided for in this Agreement
or in the Personnel or departmental rules and regulations and salary resolutions. By agreeing to
meet and confer with the Association as to the impact and the exercise of any of the foregoing
City rights, Management's discretion in the exercise of these rights shall not be diminished. The
City shall not exercise the foregoing rights in an arbitrary or capricious or invidiously or
discriminatory manner or in such a manner as to imperil the health and /or safety of the
employees.
ARTICLE XVII
EMPLOYEE ORGANIZATION RIGHTS AND RESPONSIBILITIES
Section 1. Agency Shop Agreement.
A. Legislative Authority. The parties mutually understand and agree that under
the Meyers Milias Brown Act (Government Code Section 3500 et seq.) all employees who are in
classifications represented by the Downey City Employees' Association /Miscellaneous Unit
have the right to join or not join the Association. However, the enactment of a local "Agency
Shop" requires that as a condition of continuing employment, employees in the respective
bargaining unit must either join the Association or pay to the Association a service fee in lieu
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thereof. Such service fee shall be established by the Association, and shall not exceed the
standard initiation fee, periodic dues and general assessments of the Association.
B. Election.
1. The agency shop provisions contained in this agreement shall only go into
effect if a simple majority of voting eligible unit members cast votes in favor of
agency shop in an election as provided in this Agreement.
2. To determine whether employees in the unit wish to be covered by an agency
shop provision, an election will be conducted by and in accordance with,
procedures established by the California State Mediation and Conciliation
Service using a secret ballot. The ballot will state "Do you wish to be covered
by an Agency Shop arrangement, which requires all employees to either join
the employee organization or pay an agency fee for representation ?" The
cost of this election shall be borne by the Association.
3. Employees eligible to vote in this election shall be all employees in
classifications represented by the Association on the payroll for the most
recent month for which data is available.
4. The State Mediation and Conciliation Service shall investigate any objections
to the conduct of the election and decide matters pertaining to any challenged
ballots.
C. Association Dues /Service Fees.
1. Agency Shop as used in this Article means an organizational security
arrangement as defined in Government Code Section 3502.5 and applicable
law.
2. Commencing within thirty (30) days of the State Mediation and Conciliation
Service's certification of approval of the agency shop election results, the
Personnel Office shall provide all current employees and any employees
hired thereafter, with an authorization notice advising them that Agency Shop
for the Association has been enacted pursuant to state law and an agreement
exists with the Association, and that all employees subject to the Agreement
must either join the Association, pay a service fee to the Association, or
provide proof of membership in a religious organization which holds historic
opposition to membership in a labor organization. Such notice shall include a
form for the employee's signature authorizing a payroll deduction of
Association dues, a service fee or a charitable contribution equal to the
service fee. Said employees shall have fourteen (14) calendar days from the
date they receive the form to fully execute it and return it to the Personnel
Office.
3. If the form is not completed properly or returned within fourteen (14) calendar
days, the City shall commence and continue a monthly payroll deduction of
service fees from the first regular biweekly paychecks of such employee each
month. The effective date of Association dues, service fee, or charitable
contribution shall begin no later than the beginning of the first regular
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biweekly paycheck of the month commencing fourteen (14) calendar days
after receipt of the authorization form by the employee.
4. As to non - members objecting to the Association spending their agency fee on
matters unrelated to collective bargaining and contract administration, the
amount of the agency fee charged shall not reflect expenditures which the
courts have determined to be non - chargeable, including political contributions
to candidates and parties, members only benefits, charitable contributions
and ideological expenditures and, to the extent prohibited by law, shall not
reflect expenditures for certain aspects of lobbying, ballot measures,
publications, organizing and litigation.
5. The Association shall comply with applicable law regarding disclosure and
allocation of its expenses, notice to providers of their right to object, provision
for agency fee payers to challenge the Association's determinations of
amounts chargeable to the objecting non - members, and appropriate escrow
provisions to hold contested amounts while the challenges are underway.
6. The Association shall make available, at its expense, an expeditious
administrative appeals procedure to unit members who object to the payment
of any portion of the representation service fee. Such procedure shall
provide for a prompt decision to be made by an impartial decision -maker
jointly selected by the Association and the objecting provider(s). A copy of
such procedure shall be made available upon request by the Association to
non - members and the City.
7. The foregoing description of permissible agency fee charges and related
procedures is included herein for informational purposes and is not intended
to change applicable law.
8. The employee's earnings must be sufficient after the other legal and required
deductions are made to cover the amount of the dues or fees authorized.
When an employee is in a non -pay status for an entire pay period, no
withholding will be made to cover the pay period from future earnings. In the
case of an employee in a non -pay status only during part of the pay period,
whose salary is not sufficient to cover the full withholding, no deduction shall
be made. In the case of an employee who is receiving short term disability
pay (75% pay) during a pay period, no deduction shall be made. In this
connection, all other legal and required deductions (including health care and
insurance deductions) have priority over Association dues and service fees.
D. Religious Exemption.
1. Any employee who is a member of a bona fide religion, body or sect that has
historically held conscientious objections to joining or financially supporting
public employee organizations shall upon presentation of active membership
in suchreligion, body, or sect, not be required to join or financially support any
public employee organization as a condition of employment. The employee
may be required, in lieu of periodic dues, initiation fees or agency shop fees,
to pay sums equal to the dues, initiation fees or agency shop fees to a
nonreligious, non -labor charitable fund exempt from taxation under Section
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2. Declarations of, or applications for, religious exemption and any other
supporting documentation shall be forwarded to the Association within
fourteen (14) calendar days of receipt by the City. The Association shall have
fourteen (14) calendar days after receipt of a request for religious exemption
to challenge any exemption granted by the City. If challenged, the deduction
to the charity of the employee's choice shall commence but shall be held in
escrow pending resolution of the challenge. Charitable contributions shall be
made by regular payroll deductions only.
E. Rescission.
501(c)(3) of the Internal Revenue Code, chosen by the employee from a list
of at least three of these funds, designated in a Memorandum of
Understanding between the City and the Association, or if the Memorandum
of Understanding fails to designate the funds, then to any such fund chosen
by the employee. Proof of the payments shall be made on a monthly basis to
the City as a condition of continued exemption from the requirement of
financial support to the Association [Govt. Code Section 3502.5(c)].
1. The agency shop provision in this memorandum of understanding may be
rescinded by a majority vote of all the employees in the unit covered by the
Memorandum of Understanding, provided that:
i. A request for such a vote is supported by a petition containing the
signatures at least thirty percent (30 %) of the employees in the unit;
ii. The vote is by secret ballot;
iii. The vote may be taken at any time during the term of the
Memorandum of Understanding, but in no event shall there be more
than one rescission vote taken during that term. Notwithstanding the
above, the City and the Association may negotiate, and by mutual
agreement provide for, an alternative procedure or procedures
regarding a vote on an agency shop agreement [Govt. Code Section
3502.5(d)].
2. If a "rescission vote" is approved by unit members during the term of a
current Memorandum of Understanding, the Association agrees not to
petition for or seek Agency Shop status for the duration of the current
Memorandum of Understanding.
F. Indemnification. The Association shall indemnify, defend, and hold the City
harmless against any liability arising from any claims, demands, or other action relating to the
City's compliance with the agency fee obligation including claims relating to the Associations
use of monies collected under these provisions [Govt. Code Section 3502.5(b)]. The City
reserves the right to select and direct legal counsel in the case of any challenge to the City's
compliance with the agency fee obligation, and the Association agrees to pay any attorney,
arbitrator or court fees related thereto.
Section 2. Dues Deductions. The City shall deduct dues on a regular payroll basis
from the pay of all employees in the classifications and positions recognized to be represented
26
by the Association. Such deductions shall be authorized in writing on a form approved and
provided by the Association for this purpose. The City shall remit such funds to the Association
within thirty (30) days following their deduction.
Section 3. Release Time for Meet and Confer. The Association may select a
maximum of three members to attend scheduled meetings with the Personnel Officer or other
management representatives on subjects within the scope of representation during regular work
hours. In addition, they may meet for a maximum of one hour per meet and confer session for
the purpose of preparation of such sessions.
ARTICLE XVIII
NO STRIKE - NO LOCKOUT
A. PROHIBITED CONDUCT
Section 1. The Association, its officers, agents, representatives and /or members agree
that during the term of this Agreement they will not cause or condone any strike, walkout,
slowdown, sick -out, or any other job action by withholding or refusing to perform services.
Section 2. The City agrees that it shall not lockout its employees during the term of this
Agreement. The term "lockout" is hereby defined so as not to include the discharge,
suspension, termination, lay off, failure to recall or failure to return to work of employees of the
City in the exercise of its rights as set forth in any of the provisions of this Agreement or
applicable ordinance or law.
Section 3. Any employee who participates in any conduct prohibited in Section 1
above, shall be subject to termination by the City.
Section 4. In addition to any other lawful remedies or disciplinary actions available to
the City if the Association fails, in good faith, to perform all responsibilities listed below in B,
Section 1, the City may suspend any and all of the rights and privileges accorded to the
Association under the Employee Relations Ordinance and this Agreement including, but not
limited to, right of access, check -off, the use of the City's bulletin boards and facilities.
B. ASSOCIATION RESPONSIBILITY
Section 1. In the event that the Association, its officers, agents, representatives, or
members engage in any of the conduct prohibited in A. Section 1 above, the Association shall
immediately instruct any persons engaging in such conduct that their conduct is in violation of
this Agreement and unlawful and they must immediately cease engaging in conduct prohibited
in A. Section 1 above, and return to work.
Section 2. If the Association performs all of the responsibilities set forth in A. Section 1
above, its officers, agents, representatives shall not be liable for damages for prohibited conduct
performed by employees who are covered by this Agreement in violation of A. Section 1 above.
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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. Grievance Procedure Steps. The grievance procedure shall provide for the
following steps; except for grievances that are a result of disciplinary action which shall begin at
Step Two.
Step One. Informal Procedure. An employee must attempt first to resolve a grievance
through discussion with his immediate supervisor within ten (10) working days from the date of
the alleged incident or action giving rise to the grievance on an informal basis. If, after such
discussion, the employee does not believe the problem has been satisfactorily resolved, he
shall have the right and obligation to discuss it with his supervisor's immediate supervisor, if
any, and his department head, if necessary. Every effort shall be made to find an acceptable
solution by these informal means at the most immediate level of supervision. At no time may an
informal process go beyond the department head concerned. In order that this informal
procedure may be responsive, all parties involved shall expedite this process. In no case may
more than thirty (30) days elapse from the date of the alleged incident or action giving rise to the
grievance, and the filing of a written grievance in Step Two, or the grievance shall be barred and
waived.
Step Two. Department Head Response. If the grievance is a result of disciplinary
action which has been processed through the "Skelly Process ", an appeal may be filed at Step
4 of this procedure. If the non - disciplinary grievance is not resolved in Step One, or if no
answer has been received within five (5) working days from the presentation of the oral
grievance, the employee may, within thirty (30) working days from the date of the incident giving
rise to the grievance, present the grievance in writing to his department head. Failure of the
employee to take this action will constitute termination of the grievance. The department head
28
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.
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."
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The City of Downey and the Association recognize that their future is dependent on the
physical and psychological well being of all employees. The City and the Association mutually
acknowledge that a drug and alcohol -free work environment benefits Downey's employees and
citizens.
The purpose of this section is to define the City's drug and alcohol policy as well as the
possible consequences of policy violation.
A. Possession, sale, use or being under the influence of drugs or alcohol while on
the job is strictly prohibited. This prohibition shall not apply to legitimate undercover activities of
Police Officers which are undertaken in accordance with the direction of the Police Department.
B. When reasonable suspicion exists, the City may require an employee to submit
to a medical examination, including, but not limited to, a substance screening. Substance
screening means the testing of urine or other body fluids as reasonably deemed necessary by a
physician to determine whether an employee has a restricted substance in their system.
1. Reasonable suspicion is cause based upon objective facts sufficient to lead a
reasonably prudent supervisor to suspect that an employee is under the
influence of drugs or alcohol so that the employee's ability to perform the
functions of the job is impaired or so that the employee's ability to perform
his /her job safely is reduced.
2. Post - accident testing under this Article shall be conducted based on
reasonable suspicion as defined in this Section and shall not be automatic,
unless as required by law per Department of Transportation (DOT) Federal
Motor Carrier Safety Administration Regulations (FMCSA) (refer to City of
Downey Controlled Substance and Alcohol Misuse Policy and Procedures
Manual).
C. Any manager or supervisor requesting an employee to submit to a substance
screening shall document in writing the facts constituting reasonable suspicion and shall give
the employee a copy. The employee shall be given an opportunity to provide additional facts.
An employee who is then ordered to submit to a substance abuse screening may request to be
represented. Because time is of the essence in substance screening, a representative must be
available within a reasonable time or the employee will then be ordered to submit to substance
screening. An employee who refuses to submit to a substance screening may be considered
insubordinate and shall be subject to disciplinary action up to and including termination.
D. The supervisor, or designee, shall transport the suspected employee to the
testing facility. Testing shall occur on City time and be paid for by the City. Employee urine
samples, or other body fluids, will be by a certified system which includes methods or
mechanisms designed to assure the integrity of the sample. The facility used for testing shall be
certified by the National Institute on Drug Abuse and comply with established guidelines for
"chain of custody" to insure that identity and integrity of the sample is preserved throughout the
collecting, shipping, testing and storage process.
E. Any positive test for alcohol or drugs will be confirmed by a scientifically sound
method. An employee who tests positive on a confirmatory test will be given the opportunity to
discuss the results with a physician to be designated by the City. The employee should be
prepared at that time to show proof of any valid medical prescription for any detected substance
or to otherwise explain, if he or she so chooses, a positive test result.
30
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. Department of Transportation (DOT) Controlled Substance and Alcohol
Testing Program.
1. Administration. In accordance with City of Downey Resolution No. 5934,
policy and procedures for compliance with the Federal Motor Carrier Safety
Administration (FMCSA) Regulations (49 CFR Parts 40 and 382) shall remain
in effect for those employees who are required to possess and maintain a
commercial driver's license as a condition of employment for the performance
of safety sensitive duties. As applicable, the City's policy and procedures will
be amended to comply with changes in law.
Unless otherwise designated, the Human Resources Director is the
Designated Employer Representative (DER) and shall be responsible for
overseeing compliance and implementation of this City's DOT Controlled
Substance and Alcohol Testing Program.
2. Consequences of a Positive Controlled Substance and /or Alcohol Test.
A covered employee who tests positive for a controlled substance and /or
alcohol may be subject to disciplinary action, up to and including termination
from employment.
As a result of a positive controlled substance and /or alcohol random test, a
temporary non - safety sensitive job assignment for an employee who is
31
removed from the performance of safety sensitive duties or who is restricted
from driving non - commercial City vehicles, may be approved by the
department head based on the availability of meaningful work to meet
operational need.
An employee must use accrued leave time or request personal leave of
absence without pay if time off from work is necessary for any treatment or
rehabilitation program. The costs of rehabilitation or treatment services,
whether or not covered by the employee's medical plan, are the ultimate
responsibility of the employee.
The cost of a split specimen under a random test shall be paid by the City or
reimbursed to the employee on a negative result only. The cost of a
controlled substance and /or alcohol test under follow -up testing is the
responsibility of the employee.
Section 3. Labor - Management Committee. Representatives of the Association and
management shall meet on a quarterly basis for purposes of improving communication and
resolving labor relations matters. Agendas shall be agreed upon in advance, with both parties
having equal opportunity to submit items. Any matter agreed upon by both parties may be
discussed; but discussion does not constitute waiver of access to the grievance process.
Chairmanship of the committee shall be alternated among the parties.
Section 4. Transfer Rights. The City agrees that if an employee's current supervisor
or department head does not approve an employee's transfer to another department who has
offered that employee a position, the employee may appeal the decision to the Personnel
Director.
Section 5. Rest Periods /Breaks. The City Manager hereby authorizes department
heads to permit their employees to take brief rest periods during any working day at such times
and of such duration as will result in an increase in their work output and thus promote
efficiency. Rest periods shall not exceed fifteen minutes per break and nor shall exceed two
breaks per workday. No such rest period shall be taken during the first or last hour of any
employee's working period. The taking of rest periods is hereby declared to be a matter of
privilege and not of right. Supervisors shall have the right to schedule rest periods to maximize
the efficiency of their operations. Any rest period not taken at the time permitted shall be
deemed waived and shall not be accumulated or carried over from one work period to any
subsequent work period, or compensated in any form.
ARTICLE XXI
SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING
Section 1. It is the intent of the parties hereto that the provisions of this Agreement shall
supersede all prior agreements and Memoranda of Understanding, or memoranda of
agreement, or contrary salary and /or personnel resolutions and ordinances of the City, oral or
written, expressed or implied, agreements between the parties or understandings between the
parties, and shall govern their entire relationship and shall be the sole source of any and all
32
rights which may be asserted hereunder. This Agreement is not intended to conflict with federal
or state law.
Section 2. Notwithstanding the provisions of Section 1 in this Article, there exists within
the City of Downey, certain personnel resolutions, ordinances and departmental rules and
regulations. To the extent that this Agreement does not specifically contravene provisions of
these personnel resolutions, ordinances, departmental rules and regulations; such personnel
resolutions, ordinances and departmental rules and regulations are specifically incorporated
herein.
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. 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.
33
ARTICLE XXV
TERM OF THIS MEMORANDUM OF UNDERSTANDING
The term of this Agreement shall commence on April 1, 2012 and shall continue in full
force and effect until March 31, 2014.
UNIT
Approved as to form:
Yvette Abich Garcia, City Attorney
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 24 day of July, 2012.
CITY OF DOWNEY: THE DOWNEY CITY EMPLOYEES'
ASSOCIATION - MISCELLANEOUS
By: By:
Irma Youssefieh, Human Resources Director Rebecca Guerrero, President
By:
Tony Vasquez, Team Member
34
By:
Lynette Williams, Team Member
By:
Paul Bechely, Representative
EXHIBIT "A"
CLASSIFICATIONS REPRESENTED BY
THE DOWNEY CITY EMPLOYEES ASSOCIATION - MISCELLANEOUS UNIT
Accountant
Account Clerk I
Account Clerk 11
Administrative Assistant
Administrative Clerk 1
Administrative Clerk 11
Assistant Civil Engineer
Assistant Planner
Assistant Planner 11
Assistant Superintendent of Physical
Services
Assistant Superintendent of Utilities System
Associate Civil Engineer
Associate Planner
Budget Analyst
Building Inspector
Building Permit Technician
Center Supervisor
Computer Operator 1
Computer Operator 11
Computer Operator III
Construction Inspector
Equipment Maintenance Supervisor
Executive Secretary
Fire Communications Center Supervisor
Fire Mechanic
Fire Network Administrator
Fire Prevention Technician
Hazardous Materials /Fire Inspector
Housing Planner
Housing Specialist 1
Housing Specialist 11
Integrated Waste Coordinator
Junior Accountant
Junior Civil Engineer
KDB Coordinator
Librarian
Library Assistant
Human Resources Technician
Plan Checker /Inspector
Police Records Supervisor
Principal Building Inspector
Principal Planner
Program Coordinator
Program Supervisor
Public Works Supervisor I
Public Works Supervisor II
Public Works Technician
Recreation Coordinator
Recreation Supervisor
Reprographics Specialist
Residential Rehabilitation Supervisor I
Residential Rehabilitation Supervisor II
Revenue Supervisor
Secretary
Secretary to the City Clerk/City Attorney
Senior Accountant
Senior Account Clerk
Senior Building Inspector
Senior Building Permit Technician
Senior Code Enforcement Officer
Senior Librarian
Senior Library Assistant
Senior Planner
Senior Programmer /Analyst
Special Program Coordinator
Special Projects Coordinator
Theater Supervisor
Transit Coordinator
Water Systems Supervisor II
Water Systems Technical Supervisor II
Historical
EXHIBIT "A"
CLASSIFICATIONS REPRESENTED BY
THE DOWNEY CITY EMPLOYEES ASSOCIATION - MISCELLANEOUS UNIT
Automation Circulation Systems Operator
Civil Engineer
Data Entry Operator
Engineering Aide
Fire Education Specialist
Junior Engineering Aide
Library Associate
Network Administrator
PABX Operator /Receptionist
Parking Permit Inspector
Personnel Analyst
Plan Check Engineer
Plan Checker
Planning Technician
Programmer
Programmer /Analyst II
Project Assistant
Real Estate Officer
Senior Engineering Aide
Senior Library Associate
Supervising Accountant
Technical Coordinator /Theater
Water Construction Specialist
Water Quality Contract Administrator
36
1. Account Clerk I /Admin Clerk I
Account Clerk II /Admin Clerk 11
Senior Account Clerk
Junior Accountant
Revenue Supervisor
Accountant
Senior Accountant
Supervising 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
Library Associate
Senior Library Associate
Librarian
Senior Librarian
4. Planning Technician
Assistant Planner
Assistant Planner II
Associate Planner
Senior Planner
Principal Planner
5. Building Inspector
Plan Checker
Senior Building Inspector
Plan Checker/ Inspector
Plan Check Engineer
Principal Building Inspector
6. Data Entry Operator
Computer Operator I
Computer Operator I I
Computer Operator III
Programmer
Programmer /Analyst II
Senior Programmer Analyst
Network Administrator
7. Administrative Clerk I
Administrative Clerk II
Secretary
Executive Secretary
Secretary to the City Clerk/City Attorney
EXHIBIT "B"
JOB FAMILIES
37
8. Public Works Supervisor I
Public Works Supervisor II
Assistant Superintendent of Physical
Services
9. Water Construction Specialist
Water Quality Contract Administrator
Water Systems Supervisor II
Water Systems Technical Supervisor II
Assistant Superintendent of Utilities
System
10. Building Permit Technician
Senior Building Permit Technician
11. Recreation Coordinator
Recreation Supervisor
12. Housing Specialist I
Housing Specialist II
Housing Planner
13. Program Coordinator
Program Supervisor
14. Center Supervisor
Special Program Coordinator
15. Residential Rehabilitation Supervisor I
Residential Rehabilitation Supervisor II
The Following Classifications Have
No Job Family:
Administrative Assistant
Budget Analyst
Construction Inspector
Equipment Maintenance Supervisor
Fire Communications Center Supervisor
Fire Education Specialist
Fire Mechanic
Fire Network Administrator
Fire Prevention Technician
Hazardous Material /Fire Inspector
Human Resources Technician
Integrated Waste Coordinator
KDB Coordinator
PABX Operator /Receptionist
Parking Permit Inspector
Personnel Analyst
Police Records Supervisor
Project Assistant
Public Works Technician
The Following Classifications Have
No Job Family (cont'd):
Real Estate Officer
Reprographics Specialist
Senior Code Enforcement Officer
Special Projects Coordinator
Technical Coordinator /Theater
Theatre Supervisor
Transit Coordinator
EXHIBIT "B"
JOB FAMILIES
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