HomeMy WebLinkAboutResolution No. 16-7622-Adopting MOU-City of Downey & Downey City Employees Assoc Miscellaneous UnitA RESOLUTION OF • OF OF DOWNEY
2016 ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES' ASSOCIATION —
MISCELLANEOUS UNIT (APRIL 1, 1
WHEREAS, the City of Downey, hereinafter referred to as "City," and the City of Downey
City Employees' Association - Miscellaneous Unit hereinafter referred to as "DCEA -Misc" have
met and conferred in accordance with the requirements of the Meyers- Milias -Brown Act and
Employee Relations Ordinance 1118; and,
WHEREAS, the City and the DCEA- Miscellaneous Unit have memorialized the
Agreement in a written Memorandum of Understanding.
RESOLVE NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
• i
SECTION 1. The Memorandum of Understanding between the City and the DCEA
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 Director of Human Resources 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 22nd day of March, 2016..
AI SAAB, Mayor
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 22nd day of March, 2016 by the following
vote to wit:
April 1, 2014 — March 31, 2016
THE CITY OF DOWNEY
AND
THE DOWNEY CITY EMPLOYEES'ASSOCiATION
MISCELLANEOUS
ARTICLE NO. TITLE OF ARTICLE. PACE NO.
I RECOGNITION
Il NON- DISCRIMINATION 1
III' BASIC COMPENSATION PLAN 2
Seca 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 Redaction
3
Sec. _5 - Merit Longevity
3
Sec. 6 - Eligibility for Promotion Increases
4
Sec. 7 - Acting Pay
4
Sec. 8 - Out-Of-Class Pay
4
Sec. 9 - Bilingual Pay
4
Sec. 10- Supervising Librarian Pay?
4
Sec. 11 -Water Systems Operator Certificate Pay
5
Sec. 12- Hazardous Materials/ Fire Inspector
5
IV WORK WEEK 5
Sec. 1 Work Week 5
Sec. 2 - Voluntary Reduction of Full Time Hours 6
V OVERTIME (COMPENSATORY TIME) 7
Sec. 1 - Compensation for Overtime 7
Sec. 2 - No Pyramiding 7
Sec. 3 Discouragement of Overtime 7
Sec. 4 - When Absent from Duty 7
Sec. -5 - Ineligibility 7
VI COMPENSATION FOR SPECIAL - CALL -IN 7
VII HOLIDAYS 8
VIII VACATION 9
IX LEAVES OF ABSENCE 10
Sec. 1 - Leaves of Absence 10
Sec. 1 - Medical Insurance 15
Sec. 2 - Dental Insurance 17
Sec. 3 -Life Insurance 17
Sec. 4 —Long Term Disability Insurance 17
Sec. 5 — Employee Assistance Program (EAP) 17
XII
RETIREMENT
18
Sec.
2 - Written Notice of Intent to Return
10
Sec.
3 - Outside Employment While on Leave
10
Sec.
4 - Sick Leave
10
Sec.
5 - Emergency Leave
12
Sec.
6 - Personal Leave
12
Sec.
7 - Workers' Compensation Injury on Duty
12
Sec.
8 - Employee Disability Leave
13
Sec.
9 - Military Leave
14
Sec.
10 - Jury Duty
14
Sec.
11 - Maternity Leave
14
Sec.
12 - Family Leave
14
X FRINGE
BENEFIT ADMINISTRATION
14
XI HEALTH, DENTAL AND OTHER INSURANCE
15
Sec. 1 - Medical Insurance 15
Sec. 2 - Dental Insurance 17
Sec. 3 -Life Insurance 17
Sec. 4 —Long Term Disability Insurance 17
Sec. 5 — Employee Assistance Program (EAP) 17
XII
RETIREMENT
18
Sec. 1 - CalPERS Retirement Plan
18
Sec. 2 - First Tier Retirement Formula
18"
Sec. 3 - Second Tier Retirement Formula
18
Seca 4 -Third Tier Retirement Formula
18
Sec. 5 - Survivor /Death Benefits
18
Sec. 6 - CALPERS Employee Contribution First Tier -
18
Retirement Formula
Sec. 7 - Employee (Member) CaIPERS Contribution -
19
2'0 Tier Formula
Sec. 8 - Employee (Member) CalPERS Contribution -
19
V Tier Formula
Sec. 9 - City Contribution to Retiree Retirement Health
19
Health Savings (RHS) Plan
XIII
TUITION REIMBURSEMENT
21
XIV
PROBATIONARY PERIOD
21
XV
SENIORITY
22
XVI
CITY RIGHTS
23
XVII
EMPLOYEE ORGANIZATION RIGHTS AND
24
RESPONSIBILITIES
Sec. 1 -Agency Shop Agreement
24
Sec. 2 - Dues Deductions
27
Sec. 3 - Release Time for Meet and Confer
27
XVIII
NO STRIKE - NO LOCKOUT
28
XIX
GRIEVANCE PROCEDURE
28
Sec. 1 - Grievance
28
Sec. 2 - Conduct of the Grievance Procedure
29
Sec. 3 - Grievance Procedure Steps
29
XX
MISCELLANEOUS
30
Sec. 1 - Substance Abuse Policy
30
Sec. 2 - DOT Controlled Substance and
32
Alcohol Testing Program
Sec. 3 =Labor Management Committee
33
Sec. 4 - Transfer Rights
33
Sec. 5 - Rest Periods /Breaks
33
Sec. 6 - Salary Survey
33
XXI
SOLE AND ENTIRE MEMORANDUM
33
OF UNDERSTANDING
XXII
WAIVER OF BARGAINING DURING TERM OF
34
THIS AGREEMENT
XXIII
EMERGENCY WAIVER PROVISION
34
XXIV
SEPARABILITY
34
XXV
TERM OF MEMORANDUM OF UNDERSTANDING
35
XXVI
RATIFICATION AND EXECUTION
35
Exhibit A
CLASSIFICATIONS REPRESENTED BY ASSOCIATION
36
Exhibit B
JOB FAMILIES
38
MEMORANDUM OF UNDERSTANDING
THE CITY OF DOWNEY
AND
THE DOWNEY CITY EMPLOYEES'ASSOCIATION
MISCELLANEOUS
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 one "grandfathered" part -time employee (who worked an average of 30
hours per week for a period of time) covered in a classification 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
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 disabled.
1
ARTICLE III
BASIC COMPENSATION PLAN
Section 1. _ Salary Increases.
A. Effective the beginning of the pay period that includes ;April 1, 2014, a two
percent (2 %) across the board pay range increase shall apply to all classifications represented
by this Agreement.
B. Effective the beginning of the pay period that includes July 1, 2015, a one percent
(1%) across the board pay range increase shall apply to all classifications represented by this
Agreement.
M-110MAM .
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 a 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
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of City employees shall be qualified to advance to the salary steps B, C, D and
E.
3. If an employee does not receive a merit increase as a result of the performance
evaluation, the employee may appeal through the grievance procedure.
C. Merit Evaluation.
1. Every employee shall receive an objective, written job performance rating no
sooner than three (3) weeks before, no later than five (5) working days before
the date of eligibility for each salary step, merit longevity or hourly increase,
and annually thereafter, and upon a change of employment status. Nothing in
this Section shall prohibit the department head or authorized supervisor from
giving an additional objective rating to an employee between those periods of
time described in this Section.
2. It shall be the duty of the department head to delegate the responsibility of
every employee's - rating to that level of supervision having immediate
knowledge of the employee's work. An employee shall be rated by his
immediate supervisor and that rating shall be reviewed by the department
head.
Section 4 Sala 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.
A. Eligibility for Merit Longevity. Upon approval of the appointing power,
regular full- time 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.
3
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 Department
Head or his designee to serve in an acting capacity for sixty (60) consecutive work days or more
to fill an authorized budgeted position that is temporarily vacant shall receive Step A of the pay
range for the classification or five and one -half percent (5.5 %), whichever is - greater. An
employee designated to serve in an acting capacity is deemed qualified to perform the full range
of duties and responsibilities required of the position. 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 Pp L. An employee may be assigned by the department head
to serve temporarily in an out -of -class assignment. An out -of -class assignment is distinguished
from an acting designation by the performance of limited duties and responsibilities that are
above an employee's regular job duties. The selection of an employee for an out-of-
classification assignment shall be 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 bi- weekly 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 Assig,nmentPay. 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
4
B. An employee who obtains and maintains a valid D2 and /or T2 certificate shall be
eligible for Certificate Level Two Pay at the rate of two hundred and sixty -five dollars ($265.00)
per month.
C. An employee who obtains and maintains a valid D3 and /or T3 certificate shall be
eligible for Certificate Level Three Pay at the rate of two hundred and ninety -five dollars
($295 <.00) per month.
D. An employee is entitled to receive only one level of Certificate Pay.
E. No additional compensation shall be granted for higher level certificates
�a
Section 1. Work Week. The regular work week for all employees covered by this
Agreement shall be forty (40) flours per week within a designated seven day work period.
A. 0/80 Work achedule. The work schedule provides eighty (80) hours of scheduled
work in a two- week -pay period: In one week the employee works four nine -hour days and one
eight -hour day; in the other week, the employee works four nine -hour days with one day off. In
this work schedule, the eight -hour work day and the day off is the same day of the week which
5
normally is a Friday or a Monday. The work week for Federal Labor Standards Act (FLSA)
overtime purposes shall ° be established as starting four hours into the shift of the eight -hour
work day. Management shall maintain the right to schedule employee's workdays, start and
end times, establishing FLSA work weeks, etc.
B. Employees with hardships may request to their department head to stay on the
five eight -hour work days per week 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 eight -hour work days per week (40 hours per week);
provided that the City provides written notice to the Association and employees at least twelve
(12) weeks prior to implementing the change.
Section 2. Voluntary Reduction of Full Time Hours.
A. A department head may grant a request from a full time employee to reduce their
work hours below forty (40) hours in a "work week." Employees may request reductions of up
to, but not to exceed sixteen (16) hours in a two -week pay period. This Section shall not apply
to employees who request reductions of more than sixteen (16) hours in a two -week pay period.
B. Employees who participate in this voluntary program shall maintain their status of
"full time" with all the normal rights and privileges that status holds unless specifically_ altered by
this Section.
C. Employees who are granted a reduction shall have salary reduced in proportion
to the reduced hours or shall be paid for the actual hours worked.
D. The City shall continue contributions to medical benefits as outlined in this
Memorandum of Understanding.
E. Leave time benefits such as vacation, sick leave, and holidays shall be reduced
in proportion to the hours worked.
F. All approved programs shall begin on the first Monday in the month that begins a
two -week pay period. Employees approved for this program shall be required to remain on the
reduced work schedule for at least two full pay periods. Employees shall only make two
requests /changes per fiscal year.
G. Nothing in this Section shall diminish management rights to schedule working
hours, starting times, the number of hours worked, nor right to refuse requests, nor other rights
as previously reserved.
V
VITZTFWN,�W
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 one
and one -half (1.5) 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 Pyramidin . 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_Duly. 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 S. Ineligibility. Employees in the classification of Principal Planner are
ineligible to receive overtime compensation of any type.
Section 1. Employees covered by this Agreement who are "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 one
and one -half (1.5) of their regular rate of pay. Employees shall be entitled to call -in pay in the
event the employee is required to report back to work after completing the employee's normal
work shift, left City premises, and /or the employee's work location. In accordance with FLSA,
actual hours worked, including travel from home to the call back location 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.
7
ARTICLE VII
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. The grandfathered part-time employee who is employed in a classification
listed in Exhibit A and has been employed by the City for more than three years while enrolled in
the California Public Employee's Retirement System, and was previously scheduled to work
over thirty (30) hours per week on a regular and consistent basis, shall continue to receive
seventy -five percent (75 %) of this leave benefit (6 hours per holiday). Effective July 1, 2013, the
grandfathered part-time employee is no longer working a thirty (30) hour work week and is held
to work Jess than thirty (30) hours per week as other temporary/part-time employees in the City.
flf
ARTICLE Vlll
•
Section 1. Accruals. Full -time employees covered by this Agreement shall accrue paid
vacation leave on the following scheduled basis:
Year of Service
Hours Per Year
Monthly Accrual;
0 -3
80
6.7 Hrs
4 - 5
96
8.0 Hrs.
6-10
120
10.0 Hrs.
11 -15
136
11.3 Hrs.
16+
160
13.4 Hrs.
The grandfathered "part -time employee who met the criteria set forth in Article VII.
Section 5 above, shall accrue paid vacation leave on the following scheduled basis:
Years of Service
0- 3
4- 5
6 -10
11-15
16+
Hours Per Year
60
72
90
102
120
5.0 Hrs.
6.0 Hrs.
7.5 Hrs.
8.5 Hrs.
10.0 Hrs.
Section 2. Accrual Limits. 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 only be allowed
to accumulate vacation in an amount equal to two times their annual accrual rate ( "Maximum
Accrual "). Once Maximum Accrual is reached, it is intended that employees not be entitled to
accrue additional vacation until the amount of accumulated vacation is reduced to a level below
Maximum Accrual If the employee is prohibited by the supervisor from taking the employee's
vacation because of staffing shortages or operational need, the employee shall be paid for the
period of advance authorized vacation. Such vacation shall be approved by the Department
Head and paid at the employee's regular hourly rate of pay in effect for the scheduled period of
vacation.
Section 3. Effective the first pay period following adoption of the Memorandum of
Understanding in Fiscal Year 2014 -15, the department head shall make every reasonable effort
to accommodate the employee's request to take vacation in order to reduce vacation accrual if
the employee has reached Maximum Accrual. Any vacation taken under this Section shall be
on a date mutually agreeable to both the department head and the employee.
Section 4. Vacation Pay -out. By no later than June 30, 2017, the balance of vacation
leave earned must fall below Maximum Accrual. To assist in reducing the overage of earned
vacation, a pay out of up to one hundred sixty (160) hours of earned vacation per calendar year
will be allowed with the approval of the department head and the City Manager through June 30,
2017 only. Thereafter,_ an employee who has a balance of accumulated vacation that exceeds
the Maximum Accrual shall not be entitled to accrue vacation until the vacation balance falls
below the Maximum Accrual.
0
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 employee's regular hourly rate of
pay in effect at the time of separation.
Section 5._ Accrual Calculation. 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 I
above, to which the employee is eligible to receive based upon the employee's years of service
with the City.
ARTICLE IX
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 Jaw, no employment or fringe benefits such as, but not limited to, sick leave,
vacation, health insurance, retirement or any other benefit shall accrue to any employee during
leave of absence without pay. An employee on approved leave may elect to pay the premiums
due in order to maintain health insurance benefits during the term of such leave.
Section 2. Written Notice of Intent to Return. An employee on leave of absence
must give the City at least seven (7) days written notice of the employee's intent to return to
work.
Section 3. Outside Employment While On Leave.- An employee who engages in
outside employment during said leave of absence shall be subject to termination. Any
employee who falsifies a reason for the request for said leave of absence or any extension of
such leave of absence may be terminated for falsifying such request.
Section 4. Sick Leave.
A. Sick leave shall be defined as absence from duty because of illness or off the job
injury, or exposure to contagious diseases as evidenced by certification from an accepted
medical authority.
B. Sick leave shall be accrued by covered employees at the rate of eight (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
privilege that an employee may use at his discretion
necessity and actual sickness or disability. Unused
limitation.
10
Sick leave shall not be considered as a
but shall be allowed only in cases of
sick leave shall be accumulated without
C. In order to receive compensation while absent on sick leave, the employee shall
notify a designated supervisor within two (2) hours of the time set for beginning duty, unless
notification is physically impractical. For any such absence, the employee shall file a written
statement with the City Manager stating the cause of the absence. When the absence is for
more than one (1) work day and if there is reasonable cause to indicate abuse of sick leave, the
department head concerned may require a physician's certificate stating the cause of absence
before said leave shall be approved by the City Manager.
D. The right to benefits under the sick leave plan shall continue only during the period
that the employee is employed by the City. This plan shall not give any employee the right to be
retained in the service of the City, or any right of claim to sickness disability benefits after
separation from the services of the City.
E. Notwithstanding anything contained in this Section, no employee shall be entitled
to receive any payment or other compensation from the City while absent from duty by reason
of injuries or disability received as a result of engaging in employment other than employment
by the City, for monetary gain or other compensation, or by reason of engaging in business or
activity for monetary gain or other compensation other than business or activity connected with
City employment.
F. At the written request of the appointing authority, the City Manager may require an
employee to submit to an examination by the City's physician, and if the results of the
examination indicate the employee is unable to perform his duties, or in the performance of his
duties, exposes others to infection, the employee shall be placed on sick leave without privilege
of reinstatement until adequate medical evidence is submitted that the employee is competent
to perform his duties or will not subject others to infection. Any employee so examined shall
have the right to submit the reports of a competent medical authority of his own selection, and at
his own expense, in addition to the report submitted by the City's physician. In the event of a
conflict of opinion and /or recommendation of the two physicians, a third physician shall be
selected by the first two physicians and the final decision shall be made by the City Manager,
who may seek the advice of the Personnel Advisory Board of the City.
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.
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2. Sick leave taken shall be deducted from the oldest, lowest value accrued sick
leave first, provided, however, when an employee takes sick leave, the employee
shall receive for each day of sick leave one (1) day's pay at the employee's rate
of pay in effect at the time of taking sick leave. For covered employees hired
prior to June 30, 1974; and /or retirees with twenty (20) years of City service; or
retirees with a physical disability, or a psychological disability resulting from a
direct consequence of a violent act, sick leave shall be converted at the
prevailing rate.
J Employees who become entitled to accrue sick leave allowance which has not
been used, may convert each two (2) hours of accumulated sick leave to one (1) hour of
vacation, after having accumulated six hundred and forty (640) hours of sick leave and providing
that not more than forty (40) hours of additional vacation may be so converted in any one (1)
fiscal year.
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. 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
unforeseen 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.
.
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
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and eighty -five percent (85 %) of the employee's regular rate of pay for up to six months (twenty-
six weeks). Thereafter, the employee will be paid the amount required by the Workers'
Compensation Act.
B. Reclassification of Injured Worker. If in the opinion of the City, an employee has
been found to be permanently physically incapable of performing the duties of the currently held
position, the City may place the employee into another vacant position of equal level or lower
within the Association, provided such placement is approved by the appointing authority.
Nothing herein shall be construed to prevent such employee from applying for and competing
for positions of a higher class or positions represented by other bargaining units.
Section 8. Employee Disabililtv 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:
"ears 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 byfraud, misrepresentation or mistake.
13
4. The employee has not cooperated fully in supplying all information and
submitting to any examination requested by the City to determine the
existence or continuing nature of the employee's disability.
F. In the event an employee becomes ineligible to accrue sick leave or is scheduled
to end employment with the City and has not completed the reimbursement schedule for this
benefit, the balance due shall be handled by payroll deduction or accounts receivable as
applicable.
Section 9. Military Leave. Military leave shall be granted in accordance with the
provisions of state and /or federal law. All employees entitled to military leave shall give the
appointing power an opportunity within the limits of military regulations, to determine when such
leave shall be taken.
Section. 10 Jury Duty. In the event that an employee is called for jury duty and the
court does not excuse such jury service the City shall grant the employee paid release time for
the required jury duty that is performed within the employee's regular work schedule provided
the employee submits court documentation verifying the dates) and time served for jury
service. Such verification must accompany the payroll timesheet for the payroll period in which
the jury service was performed. Any fees for jury service that the employee may receive from
the court shall be remitted to the City.-
Section 11. Maternity Leave. The City agrees to comply with the State maternity leave
law. Administrative Regulation No. 418 is by reference incorporated herein.
Section 12. Family Leave. The City agrees to comply with the State and Federal
family leave laws. Administrative Regulation No. 430 is by reference incorporated herein.
ARTICLE X
FRINGE BENEFIT ADMINISTRATION
Section 1. Administration. The City reserves the right to select the insurance carrier
or administer any fringe benefit programs that now exist or may exist in the future during the term
of this Agreement.
Section 2. Selection and Fund n a. 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. - Chancge . 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.
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01W STWIT
Section 'I. Medical Insurance. Effective October 1, 2012, the City contracted with the
California Public Employees' Retirement System (CaIPERS) to implement the CalPERS medical
benefits program governed by the Public Employees' Medical and Hospital Care Act
( PEMHCA). In its implementation, the City and the Association agreed that the mandated
employer contributions for retirees would be structured in a manner to maintain cost savings.
The City and the Association agreed that any necessary and legal modifications to the
retiree medical benefits provisions in this Memorandum of Understanding would be made for
compliance with the CalPERS PEMHHA program and to maintain the benefit set forth in Article
XII, Section 7, without an increase to the City's minimum mandated contributions for retirees.
Such provisions are updated to include:
A. CaIPERS PEMHCA ProqLam. Employees and retirees have the option of choosing
medical insurance coverage from any of the medical plans offered by CaIPERS.
B. gtv Contribution Amount For the term of this Agreement, the City's contribution
amount is up to the monthly premium amount of the employee's eligible coverage level for the
second highest PPO plan offered by CalPERS at the basic premium rates designated for the
Los Angeles Area. If an employee enrolls in a plan with higher premiums, he will be responsible
for the payment of any premium amount in excess of the City's contribution.
1. PEMHCA Employer Mandated Contributions. The City shall contribute on behalf
of each employee the mandated minimum sum as required per month toward the
payment of premiums for medical insurance under the PEMHCA program. As the
mandated minimum is increased, the City shall make the appropriate adjustments.
The City is mandated under PEMHCA to make a contribution to retiree medical
premiums. As allowed by the Government Code and the CalPERS Board, the
City used the Unequal Contribution Method to make City contributions on behalf
of each retiree or annuitant. The 2012 starting year unequal contribution began at
$1.00 per month. The City's mandated contribution for each annuitant shall be
increased annually in compliance with Government Code section 22892(c), until
the contribution for annuitants equals the contribution paid for employees. A
retiree's right to receive a City contribution, and the City's obligation to make a
mandatory contribution on behalf of retirees, shall only exist as long as the City
contracts with CalPERS PEMHCA for medical insurance. In addition, while the
City contracts with CalPERS PEMHCA, its obligation to make mandatory
contributions on behalf of retirees shall be limited to the minimum: contribution
required by law.
C. IRS Section 125 Benefit tCafeteria PIe The City shall continue to provide payment
of benefit premiums for employees covered by this Agreement under an IRS Section 125
Benefit Plan. The current core benefits include medical, dental, life, long -term disability
insurance, and EAP coverage. Medical insurance is a core benefit which a City employee is
required to be enrolled in unless he is covered by another medical insurance plan with
15
comparable coverage and /or meets minimum essential coverage as specified by the Affordable
Care Act.
1. For the term of this Agreement, the City's maximum contribution shall be the sum
of the monthly premiums as designated for each of the following categories:
Employee only ( "EE ")
Employee +1 Dependent ("EE +1 ")
Employee +2 or more dependents ( "EE +2 ")
The maximum City contribution shall be based on the employee's enrollment in
each plan. The employer mandated PEMHCA contribution is included in the sum
of the CalPERS medical premium. If an employee enrolls in a plan wherein the
costs exceed the City's maximum contribution, the employee is responsible for all
additional premiums through pre -tax payroll deductions. An employee is not
entitled to any excess amount of premiums paid by the City on his behalf.
2. In the event that CalPERS medical insurance `< premiums increase above eight
percent (8 %) on average for the 2015 calendar year, the City and the Association'
agree to meet and confer on an employee contribution towards medical
insurance premiums.
3. The City continues to provide other benefits coverage under an Employee
Voluntary Benefits Program fully fundfd by the employee; on a pre -tax basis in
accordance with IRS regulations.
follows: The City agrees to permit an employee to waive City - sponsored medical coverage as
1. The employee presents written proof to the Human Resources Office that he and
his qualified dependent(s) are covered by another non - City - sponsored medical
plan;
2. The employee provides satisfactory written proof that the other medical coverage
meets comparable coverage to that offered; by the City and/or minimum essential
coverage as specified by the Affordable Care Act;
3. Employee -signs a statement acknowledging a waiver of City offered medical
insurance coverage and agreement to hold the City harmless for any
consequences, whatsoever, that result from the employee's waiver of City
offered medical insurance coverage for employee and/or qualified dependent(s),
and
4• Employee signs a statement acknowledging his understanding that his qualified
dependent(s) are not eligible to re- enroll in City sponsored medical coverage until
the next Open Enrollment period or as otherwise required by law under COBRA
provisions.
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A. 1 -11U1O Dental Ccvera e: For the term of this Agreement, the City shall contribute
thirty -one dollars and ninety -five cents ($31.95) per month towards a HMO dental
benefit plan for employee and his /her qualified dependent(s). Any amount necessary
to cover the monthly premium in excess of the City's contribution is the responsibility
of the employee..
B. Delta Dental Premier Plan. This plan is a self - funded plan administered by Delta
Dental Premiums are calculated annually based on prior year's claims experience,
administrative fees, and an industry trending projection. For the term of this
Agreement, the City agrees to maintain the employee's contribution rate of fifty -two
percent (52 %) towards monthly premium coverage. For calendar year 2014, the City
agrees to maintain the $95.86 monthly premium composite rate for the two tier
( "Employee only" and "Employee plus two or more dependents ") coverage structure.
Prior to December 31, 2014, the City agrees to evaluate other Delta Dental plan
options for implementation to reduce premiums or employee out of pocket costs as a
result of changing to a three -tier rate structure ( "Employee only," "Employee plus one
dependent," and "Employee plus two or more dependents ") for monthly premiums
effective January 1, 2015.
Section 3. Life Insurance. Each employee covered by this Agreement shall be
provided with a ten thousand dollars ($10,000.00) group term life insurance benefit and
accidental death and dismemberment- benefit without evidence of insurability other than
evidence of fall- time employment with the City. Under the terms of this policy, benefit provisions
are payable and determined by the insurance carrier.
em
the
Em
Section S. Employee Assistance PrQ ram E,P The City provides each employee
an EAP benefit that provides emotional /well -being work and life counseling services on a toll
free 24 hour /7 days per week.
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ARTICLE X11
RETIREMENT
Section 1. CaIPERR Retirement Plan. Employees covered by this Agreement
participate in the California Public Employees Retirement System (CalPERS). 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.
18
E. Should an employee be mandated by a change in law or other action to contribute
any portion of the required employee (member) contribution to CalPERS, 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.
F. 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).
Section7. Employee Member CalPERS Contribution — Second Tier Formula.
A. All eligible employees hired on or after January 1, 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.
A. All "new members," as that term is defined by the Public Employees' Pension
Reform Act of 2013, hired on or after January 1, 2013 will be enrolled in the third tier 2% @ age
62 retirement formula and will be required to pay fifty percent (50 %) of the total normal cost as
set by CalPERS incompliance with the requirements of the Public Employees' Pension Reform
Act of 2013. Additionally, the City is prohibited from paying any portion of the member
contribution under the Public Employees' Pension Reform Act of 2013.
Section 9,, Cit Contribution to Retiree Retirement Health Savings RHS Plana 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. As a result of the City_ contracting for CalPERS medical
insurance pursuant to PEMHCA provisions effective October 1, 2012, the following revisions are
in effect to avoid an increase cost to the City's mandated contribution for retirees:
A. Subject to meeting eligibility criteria below, the maximum ninety -eight dollars
($98.00) per month shall 'be deposited on a quarterly basis to the retiree's RHS account;
for the reimbursement of qualified medical expenditures.
B. 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
C. At the time of retirement the employee is employed by the City; and
D. Effective the day after official separation from the City the employee has been
granted a retirement allowance by the California Public Employees' Retirement System.
E. The City's obligation to deposit up to a maximum of ninety -eight dollars ($98.00)
per month toward the retiree's RHS account shall be modified downward or cease during
the lifetime of the retiree upon the occurrence of any one of the following:
1. During any period the retiree is eligible to receive or receives health
19
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
RHS 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 to the City of those amounts inappropriately
deposited and the retiree's eligibility to receive future RHS deposits will cease.
2. 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
rate set forth above shall be converted from a RHS deposit and applied to that plan. If
there is any excess,_ that excess may be applied toward the retiree's RHS account
provided the retiree pays the balance owing for any such coverage.
3. Upon the death of the retiree, the City's obligation to deposit into the retiree's
RHS account shall cease. The surviving spouse shall be able to continue CalPERS
medical insurance coverage pursuant to PEMHCA provisions and provided the surviving
spouse pays the appropriate premiums minus the City's mandated retiree contribution
amount.
F. It is understood and agreed that the amount equivalent to the annual amount
contributed by the City to an eligible retiree's RHS account, shall be included as an item
of total compensation in survey comparisons.
G. An eligible retiree covered by this Section who no longer elects coverage under
any City sponsored medical plan, effective at the end of any calendar quarter may
present the City with proof of payment for alternate health insurance coverage and
continue to receive the City's deposit to the retiree's RHS account on a quarterly basis
up to the amount to which the retiree is entitled in Section 9 above. Once a retiree
elects to withdraw 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 or otherwise forfeits the City's RHS contribution amount
permanently.
In addition to the condition specified in G above, the City's deposit to a retirees
RHS account shall cease upon the occurrence of any of the following:
1. The retiree fails to submit or respond to the City's request (via certified mail
to the last known mailing address of the retiree) to provide appropriate proof of alternate
health insurance coverage at the end of sixty (60) days from the date of the City's written
request.
2. The death of the retiree.
20'
ARTICLE XIII
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
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 betaken.
Section 3. All probationary periods shall extend to the first day of the month following
the period of probation.
Section 4., Rejection Following Promotion. Any employee rejected during the
probationary period following -a promotional appointment or at the conclusion of the probationary
period by reason of failure of the appointing power to file a statement that his services have
been satisfactory , - or at the discretion of the employee, shall be reinstated to the position from
which he was promoted unless charges are filed and he is discharged in the manner provided in
the Personnel Ordinance and the rules for positions in the classified service. If there are no
vacancies in the position from which he was promoted, the provisions of ARTICLE XV shall
apply.
21
ARTICLE XV
SENIORITY
Section 1. Employee seniority is the length of continuous service of the employee with
the City from his most recent date of hire or rehire.
Section 2.
A. No employee shall acquire any seniority until he has completed his probationary
period.
B. When an employee has completed his probationary period, his seniority shall
date from date of hire.
Section 3. _ Layoffs.
A. Whenever, in the judgment of the City Council, it becomes necessary to layoff
employees, the City may abolish any position covered by this Agreement. Any employee
holding an abolished position will be subject to layoff and have no right to demand that written
charges or reasons therefore be filed, and shall have no right of appeal or hearing.
B. Seniority shall be observed in affecting layoffs in personnel. The least Senior
employee in a classification subject to layoff will be laid off first.
C. An employee subject to layoff may exercise his seniority (1) 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 6. Names of employees laid off shall be placed on re- employment list in order
of their seniority and shall remain on such list for a period of two years. During this time, the
City will use this list to rehire employees in order of seniority, provided that the employee held
the classification being filled or held a classification in the same job family.
Section 6. Layoff Notice and Severance _Pay In the event the City decides to
contract for work provided by an employee covered by this Agreement, the City will provide at
22
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.
ARTICLE XVI
rarrOMM
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.
1. To assign work to and schedule employees in accordance with requirements as
determined by the City and to establish and change work schedules and assignments.
J. To relieve employees from duties for lack of work or similar non - disciplinary
reasons.
K. To establish and modify productivity and performance programs and standards
including, but not limited to, quality and quantity standards; and to require compliance therewith:
cause..
L. To discharge, suspend, demote, or otherwise discipline employees for proper
23
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
• •
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 {4Agency
Shop" requires that as a condition of continuing employment, employees in the respective
bargaining unit must either join; the Association or pay to the Association a service fee in lieu
thereof. Such service fee shall be established by the Association, and shall not exceed the
standard initiation fee, periodic dues and general assessments of the Association.
# iMPR_O
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.
24
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 establishers 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.
Agency Shop as used in this Article means an organizational security
arrangement as defined in Government Code Section 3502.5 and applicable
law.
2. Commencing within thirty (30) days of the State Mediation and Conciliation
Service's certification of approval of the agency shop election results, the
Personnel Office shall provide all current employees and any employees
hired thereafter, with an authorization notice advising them that Agency Shop
for the Association has been enacted pursuant to state law and an agreement'
exists with the Association, and that all employees subject to the Agreement
must either join the Association, pay a service fee to the Association, or
provide proof of membership in a religious organization which holds historic
opposition to membership in a labor organization. Such notice shall include a
form for the employee's signature authorizing a payroll deduction of
Association dues, a service fee or a charitable contribution equal to the
service fee. Said employees shall have fourteen (14) calendar days from the
date they receive the form to fully execute it and return it to the Personnel
Office.
3. if the form is not completed properly or returned within fourteen (14) calendar
days, the City shall commence and continue a monthly payroll deduction of
service fees from the first regular biweekly paychecks of such employee each
month. The effective date of Association dues, service fee, or charitable
contribution shall begin no later than the beginning of the first regular
biweekly paycheck of the month commencing fourteen (14) calendar days
after receipt of the authorization form by the employee.
4. AS t0 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 Jaw, shall not
25
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 such religion, body, or sect, not be required to join or financially support
any public employee organization as a condition of employment. The
employee may be required, in lieu of periodic dues, initiation fees or agency
shop fees, to pay sums equal to the dues, initiation fees or agency shop fees
to a nonreligious, non - labor charitable fund exempt from taxation under
Section 501(c)(3) of the Internal Revenue Code, chosen by the employee
from a list of at least three of these funds, designated in a Memorandum of
Understanding between the City and the Association, or if the Memorandum
of Understanding fails to designate the funds, then to any such fund chosen
by the employee. Proof of the payments shall be made on monthly basis to
the City as -a condition of continued exemption from the requirement of
financial support to the Association LQovt. Code Section 3502.5(c)].
26
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.
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(4)].
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 shalt 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 [Oovt. 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 regular payroll basis
from the pay of all employees in the classifications and positions recognized to be represented
by the Association. Such deductions shall be authorized in writing on a form approved and
provided by the Association for this purpose. The City shall remit such funds to the Association
within thirty (30) days following their deduction.
Section 3. Release Time for Meet and Confer. The Association may select a
maximum of three members to attend scheduled meetings with the Personnel Officer or other
management representatives on subjects within the scope of representation during regular work
27
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
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.
• •; . •
Section 1. In the event that the Association, its officers, agents, representatives, or
members engage in any of the conduct prohibited in A. Section 1 above, the Association shall
immediately instruct any persons engaging in such conduct that their conduct is in violation of
this Agreement and unlawful and they must immediately cease engaging in conduct prohibited
in A. Section 1 above, and return to work.
Section 2. If the Association performs all of the responsibilities set forth in A. Section 1
above, its officers, agents, representatives shall not be liable for damages for prohibited conduct
performed by employees who are covered by this Agreement in violation of A. Section 1 above.
ARTICLE XIX
• r
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.
28
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
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.
Ste 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
29
9
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.
ARTICLE XX
MISCELLANEOUS
Section 1.__ Substance Abuse Polc The City of Downey and the Association have a
vital interest in maintaining safe, healthful and efficient working conditions. Being under the
influence of a drug or alcohol on the job may pose serious safety and health risks not only to the
user but to co- workers and the citizens of Downey. The possession, use or sale of an illegal
drug or of alcohol on the job also poses unacceptable risks for safe, healthful and efficient
operations. "On the job" means while on City premises, at work locations, or while on duty or
being compensated on an "on call status."
The City of Downey and the Association recognize that their future is dependent on the
physical and psychological well being of all employees. The City and the Association mutually
acknowledge that a drug and alcohol -free work environment benefits Downey's employees and
citizens.
The purpose of this section is to define the City's drug and alcohol policy as well as the
possible consequences of policy violation.
30
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 emptoyee to submit
to a medical examination, including, but not limited to, a substance screening. Substance
screening means the testing of urine or other body fluids as reasonably deemed necessary by a
physician to determine whether an employee has a restricted' substance in their system.
1. Reasonable suspicion is cause based upon objective facts sufficient to lead a
reasonably prudent supervisor to suspect that an employee is under the
influence of drugs or alcohol so that the employee's ability to perform the
functions of the job is impaired or so that the employee's ability to perform
his /her job safely is reduced.
C. Any manager or supervisor requesting an employee to submit to a substance
screening shall document in writing the facts constituting reasonable suspicion and shall give
the employee a copy. The employee shall be given an opportunity to provide additional facts.
An employee who is then ordered to submit to a substance abuse screening may request to be
represented. Because time is of the essence in 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.
E. Any positive test for alcohol or drugs will be confirmed by e 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.
31
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.
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.
1. Administration. In accordance with City of Downey Resolution No. 5934,
policy and procedures for compliance with the Federal Motor Carrier Safety
Administration (FMSA) Regulations (49 CFR Parts 40 and 382) shall remain
in effect for those employees who are required to possess and maintain a
commercial driver's license as a condition of employment for the performance
of safety sensitive duties. As applicable, the City's policy and procedures will
be amended to comply with changes in law.
Unless otherwise designated, the Human Resources Director is the
Designated Employer Representative (DER) and shall be responsible for
overseeing compliance and implementation of this City's DOT Controlled
Substance and Alcohol Testing Program.
2. Consequences of a Positive Controlled Substance and /or Alcohol Test.
A_ covered employee who tests positive for a controlled substance and /or
alcohol may be subject to disciplinary action, up to and including termination
from employment.
As a result of a positive controlled substance and /or alcohol random test, a
temporary non- safety sensitive job assignment for an employee who is
removed from the performance of safety sensitive duties or who is restricted
from driving non- commercial -City vehicles, may be approved by the
department head based on the availability of meaningful work to meet
operational need.
An employee must use accrued leave time or request personal leave of
32
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.
Sectiara Traerr alts. 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.
s 1 ► +!1 1 • •
33
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.
ARTICLE XXII
WAIVER OF BARGAINING
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.
e►
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
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.
34
I I I
ARTICLE XXV
The term of this Agreement shall commence on April 1, 2014 and shall continue in full
force and effect until March 31, 2016.
ARTICLE XXVI
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 12th day of August, 2014.
CITY OF li DOWNEY CITY EMPLOYEES'
ASSOCIATION MISCELLANEOUS
J. 0 1 ^
Pskoui,, s istant City Manage
uss h, Director of
Human Resources
Approved as to form:
t4Ab - Ga rcia, City Attorney
Paul Bechley, Represenative
35
EXHIBIT "A
CLASSIFICATIONS REPRESENTED BY
THE DOWNEY CITY EMPLOYEES ASSOCIATION - MISCELLANEOUS UNIT
Accountant
Account Clerk l
Account Clerk 11
Administrative Aide
Administrative Assistant
Administrative Clerk
Administrative Clerk 11
Assistant Civil Engineer l
Assistant Civil Engineer II
Assistant Planner
Assistant Planner II
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 l
Housing Specialist 11
Human Resources Technician
Integrated Waste Coordinator
Junior Accountant
KDB Coordinator
Librarian
Library Assistant
Neighborhood Watch Coordinator
Plan Checker /Inspector
Police Records Supervisor
Principal Building Inspector
Principal Planner
Program Coordinator
Program Supervisor
Public Works Supervisor l
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 11
EXHIBIT "A"
CLASSIFICATIONS REPRESENTED BY
THE DOWNEY CITY EMPLOYEES • MISCELLANEOUS
Historical
Assistant Civil Engineer
Automation Circulation Systems Operator
Civil Engineer
Data Entry Operator
Engineering Aide
Fire Education Specialist
Junior Engineering Aide
Junior Civil Engineer
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
37
38
JOB FAMILIES
1.
Account Clerk I /Admin Clerk l
8. Public Works Supervisory
Account Clerk II /Admin Clerk 11
Public Works Supervisor 11
Senior Account Clerk
Assistant Superintendent of Physical
Junior Accountant
Services
Revenue Supervisor
Accountant
9. Water Construction Specialist
Senior Accountant
Water Quality Contract Administrator
Supervising Accountant
Water Systems Supervisor II
Water Systems Technical Supervisory
2.
Junior Engineering Aide
Assistant Superintendent of Utilities
Engineering Aide
System
Senior Engineering Aide
Junior Civil Engineer
10 Building Permit Technician
Assistant Civil Engineer 1 /I1
Senior Building Permit Technician
Associate Civil Engineer
Civil Engineer
11,; Recreation Coordinator
Recreation Supervisor
3
Library Assistant
Senior Library Assistant
12, Housing Specialist I
Automation Circulation Systems
Housing Specialist II
Operator
Housing Planner
Library Associate
Senior Library Associate
13,- Program Coordinator
Librarian
Program Supervisor
Senior Librarian
Neighborhood Watch Coordinator
4:
Planning Technician
14. Center Supervisor
Assistant Planner
Special Program Coordinator
Assistant Planner Il
Associate Planner
15. Residential Rehabilitation Supervisor I
Senior Planner
Residential Rehabilitation Supervisor ll
Principal Planner
The ollo+arir Classifications Have'
5.
Building Inspector
No Job Farnj:
Plan Checker
Senior Building Inspector
Administrative Assistant
Plan Checker/ Inspector
Budget Analyst
Plan Check Engineer
Construction Inspector
Principal Building Inspector
Equipment Maintenance Supervisor
Fire Communications Center Supervisor
6.
Data Entry Operator
Fire Education Specialist
Computer Operator I
Fire Mechanic
Computer Operator II
Fire Network Administrator
Computer Operator III
Fire Prevention Technician
Programmer
Hazardous Material /Fire Inspector
Programmer /Analyst11
Human Resources Technician
Senior Programmer Analyst
Integrated Waste Coordinator
Network Administrator
KDB Coordinator
PABX Operator /Receptionist
7.
Administrative Clerk l
Parking Permit Inspector
Administrative Clerk II
Personnel Analyst
Secretary
Police Records Supervisor
Executive Secretary
Project Assistant
Secretary to the City Clerk/City Attorney
Public Works Technician
Administrative Aide
38
Real Estate Officer
Reprographics Specialist
Senior Code Enforcement Officer
Special Projects Coordinator
Teohnioa|Courdinaton7heoter
Theatre Supervisor
Transit Coordinator
�ItIatillwim
39