HomeMy WebLinkAbout08. Adopt Reso-Adopting MOU w-DCEA Maintenance Unit,R ■
FROM- OFFICE OF
BY: IRMA YOUSSEFIEH, DIRECTOR HUMAN RERCES
DATE- f
ADOPTIONOF •- r OF r r
CITY OF DOWNEY AND THE DOWNEY CITY E M PLOYE•• ;
MAINTENANCE UNIT I
_ •, k►• _ 6
Staff recommends that the City Council adopt the attached Resolution:
RESOLUTION OF COUNCIL OF OF DOWNEY ADOPTING THE
MEMO
r,•-
• r OF i r OF DOWNEY AND THE
DOWNEY CITY E M PLOYE• •N - MAINTENANCE UNIT (APRIL 1, 2018
MARCH 31, 1
At its meeting on November 14, 2017, the City Council authorized John Oskoui, Assistant
City Manager and Irma Youssefieh, Director of Human Resources, as the City's
representatives to begin labor negotiations with the Downey City Employees' Association
(DCEA) - Maintenance Unit for a successor Memorandum of Understanding (MOU). The
MOU was scheduled to expire on March 31, 2018. The first meeting of the City's labor
negotiations process was held on February 27, 2018, a Tentative Agreement was reached
on April 2, 2018, and ratified by the DCEA - Maintenance Unit on April 9, 2018.
17&_1gkR *1Z
An Agreement has been reached between the City and the DCEA - Maintenance Unit on a
successor MOU for the three year term of April 1, 2018 to March 31, 2021. The
Maintenance Unit represents approximately 45 employees in field positions for the Public
Works Department and Transit Drivers in the Parks & Recreation Department. The MOU
includes the following negotiated provisions with substantive economic impact:
Across the board pay increases for all represented classifications: 2% effective May
7, 2018; 2% effective March 25, 2019; and 3% effective March 23, 2020.
• The City shall make a one-time ad hoc lump sum payment (non-CaIPERS) in the
amount of $400 to each member of the Association who is actively employed by the
City on the date the MOU is adopted by the City Council.
ADOPTION OF THE MOU BETWEEN THE CITY OF DOWNEY AND DCEA - MAINT. UNIT
APRIL 24, 2018
PAGE 2
Continuation of 100% City paid medical insurance for employee coverage in the
City's Kaiser Permanente HMO plan through the remainder of 2018 and establishing
the City's medical contribution effective January 1, 2019 as up to the second highest
CalPERS PPO premium rates for the Los Angeles Region.
The MOU contains two new provisions that are cost neutral as follows:
• Increase in the employee ("Classic" members) cost sharing contribution from 4% to
5% of reportable earnings towards City's CalPERS pension costs for the 2.7%o_@
age 55 retirement formula in exchange for the addition of a one-time annual Merit
Longevity Lump Sum Payment (non-CaIPERS) for employees who receive the 10
Year or 20 Year Longevity Pay. In 2018, the Merit Longevity Lump Sum Payment
value is $480 and in 2019 and thereafter, unless otherwise negotiated, the Merit
Longevity Lump Sum Payment value is $750.
In addition to the items above, theattachedsuccessor MOU contains the provisions of the
Side Letter Agreement adopted by the City Council on November 28, 2017. Other revised or
added contract language changes are included based on the need to clarify or update
provisions in accordance with practice or law. There is also one provision to re -open
discussion during the term of the MOU regarding the results of the City's Cafeteria Plan
review to ensure compliance with legal requirements.
The negotiated provisions have been ratified by the' Association membership. This
Memorandum of Understanding is a product of a labor negotiation process involving the
DCEA - Maintenance Unit and City management representatives. Labor negotiations were
completed in accordance with State law and the City's Employer -Employee Relations
Ordinance and personnel rules and regulations.
FISCAL IMPACT
This Agreement represents the following increase in personnel costs:
Year 1 $ 79,092
Year 2 $ 103,163
Year 3 $ 145,305
ATTACHMENTS
Resolution
DCEA - Maintenance Unit MOU (April 1, 2018 -March 31, 2021)
2
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WHEREAS, the City of Downey, hereinafter referred to as"City," and the Downey City
Employees' Association— Maintenance Unit hereinafter referred to as "DCEA — Maintenance
Unit" 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— Maintenance Unit have memorialized the
Agreement in a written Memorandum of Understanding.
RESOLVENOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY • •
SECTION 1. The Memorandum of Understanding between the City and the DCEA
Maintenance 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 24th day of April, 2018.
SEAN ASHTON, Mayor
ATTEST:
MARIA ALICIA DUARTE, CMC
City Clerk
HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 24th day of April, 2018, by the following
vote, to wit:
AYES:
Council Members,
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN':
Council Member:
MARIA ALICIA DUARTE, CMC
City Clerk
T R
THE DOWNEY CITY i 1 . •
MAINTENANCE
1
ARTICLE 8...........................................................................1
RECOGNITION ............................................................................. 1
ARTICLE0|'-.-._,,==....=,=,=',==,,,=,-,==.=-=',==.==-,--=, 1
M[)N-[DSCRIyN|NATION .............................................................
ARTI-- 1
-- CLENV----------_---------------' 2
BASIC COMPENSATION PLAN ................................................. 3
Section ?.Salary Increases ...................................................... ........... ...... _,=^_x~__�_,,2
Section 2.Plan oYSalary Schedules ........................................ ~.,=~°__'~~ 2
Section 3. Eligibility for Salary Advancement ............................ 2
Section 4. Salary Schedule Step Reduction .............................. 3
Section 5.Longevity Pay ............................................................. -~..--" 3
'Section 6.Mechanic Tools ........................................................ ^4
Section 7.[>ut-of-RmnkPay ....................................................... .^-°~,............. __="+.,°^»*`4
Section 8. Safety Work |Boots ..................................................
'Section 9.Acting Pay ............................................................... 5
'Section 1D.Backflow Certification Pay (Ed ucatiOn|n .5
Section 11.Bonus Pay for Training ........ ....................................... 5
Section 12.Bilingual Pay .......................................................... __`~5
Section 13.Water System Operator Certificate Pay ................ ......... 5
Section 14.Pesticide Applicator's License Pay ....................... =nm~~°°-=..°,G
Section 15.On-Duty Training for Commercial Driver's Uoenam~-~~-0
Section 10. Commercial Licensed Driver Pay '-------'__O
Section 17.Calculating the Value ofSpecial CQnlpenSaUQn... 7
Section 18.Uniform &Maintenance Reporting hOC8|PER8.... _....S...._..@........ _...... 7
ARTICLEIV .....................................'............................................,~~^-=`y.,_-,.=°,°.-^=x=`,^-8
WORKWEEK .................~.......-............................................8
Section 1.Work Schedule ......................................................_'8
Section 2.Voluntary Reduction 0fFull-Time Hours .................... 0
ARTICLE .-.-----------'.--'-.------.--'' S
OVERTIME................................................................................. ,...... . ~_`S
Section 1,Overtime Compensation ..........................................
Section 2'NmPyramiding .........................................................
Section 3. Overtime Policy ........................................................ 9
ARTICLEVI..................................................................................
..................... ........ ........10
COMPENSATION FOR CALL BACK...................................
,.,,,, ....,.,.,.,...,.,10
Section 1. Call Back Duty.....................................................
,.,,...,, ....,.;.,,,......10
Section 2. Hours .......... ............_.......,_____ ----„ .
10
Section 3. Emergencies.........................................................n,
., ,.,,,a....,,....: „,.....,.......;10
Section 4. Standby Duty......... ........................... .........
..............m.:..,...,,,. ....,.........,,:10
ARTICLEVII....................... ......... ......._.......... ._.__.............
.4.,..,:.....,,, ,...,,...:; ......,;,...,,,,:11
HOLIDAYS.................... .......__ ..............____ ..........
11
ARTICLEVIII.. ___.............._ ._...... ,.______.......... .....................
12
VACATION..........................................................................
.......m.,,.,, w., ..,,.,,._ ....,.,.......4.:12
Section1. Accruals...... ........................... ..................
.......: ,.,..,a ; ,.,,.,w.; ...,a..,,...m,....12
Section 2. Accrual Limits .......................... ..................
......... .................. ..w...,....,.,,,.12
Section 3. Vacation Approval............_......................._..._...,,,.........,..:...,.......
..a..;.........12
Section 4. Vacation Pay-Out ....__...... ........__ ___..........,
...... .................. . ...........-...12
Section 5. Accrual Calculation.........................................
........................... .................12
Section 6. Use of Vacation ...._ .................. ..................
........:..4,..., .; .,,,..,:;, ., m,,.:;.,......13
ARTICLEIX....,..,.............. ........................... ..................
......... ................. .............—.13
NON-PAID LEAVE OF ABSENCE ................ ..................
.......................:: .........,......13
Section 1. Leave of Absence Without Pay .......................
....... .......... ......... .......:..........13
Section 2. Health Insurance Premiums ............................
................:........ .................13
Section 3. Written Notice of Intent to Return .....................
..... .................. ..a.,.......__13
Section 4. Outside Employment While on Leave ..............,,..:;
. ........: ........ . .............. 13
Section 5. Unpaid Leave and Accumulation of Benefits...
........:. .....w,. ,.,...,..........,..,.M..13
ARTICLEX.............................................................................
.......§, .,.,.,,,,. ,,,,,,. .,..._._,.,...14
SICKLEAVE ................................................. ......... .........
..........,....,.:........ ...,....,.......14
Section 1. Sick Leave Accruals....._.. „----_-. .--__._...........
......:.. ......... ........: .................14
Section 2, Use of Protected Sick Leave ............................
„.,.,.. ........s ....,.... ...,..:...,..... 14
ARTICLE XI..................................................... ................
15
OTHER USES OF SICK LEAVE ............................................
........ „o-,.,,,: .,,...,.,,..,.,...15
Section 1. Sick Leave Conversion at Retirement or Death .................. ........ .................15
Section 2. Sick Leave Conversion to Vacation ..................
.,.,..,....... ,...... ....w .......a........ 16
Section 3, Bereavement Leave...............,,. ..................
.......:, ...,,,.:; .,.,......,,,......__16
Section 4. Personal Leave ............... ...........................
........ .......:......... .............r,16
Section 5. Employee Disability Leave ............................__
.....,.,..,....... ,,,...... .,,..,. ;,.,,,,,. 17
ARTICLEXII...........................................................................
.......................... ....... :.y.,.,.a18
OTHER LEAVES... ........................... .................
.., .,,,,,,18
H/PSNL/LABOR/DCEA-MAI NT. MOU.2018-2021.04, 24.2018
Section 1. Workers' Compensation - Injury on Duty Leave.. ............... .....A..: ,m_.,.., ........18
Section 2. Military Leave..................................................................... ........: ............,.,..19
Section3. Jury Duty .................................................................................. ...:,..........,....,,=19
Section 4. "Child -Related Activities" Leave.......... _.......................... .................d.,......19
Section 5. Consultation of Human Resources ............................................ ...., .......,....,..,19
ARTICLEXII........................................................................___........._ ___....._ ........a ........,...,...19
FRINGE BENEFIT ADMINISTRATION........................................................ ,.,,.,...19
Section 1. Administration ....... ........, .................. .............._............. ........................,.19
Section 2. Selection and Funding ........................................................................ .............19
Section3. Changes............................_........................._.........._......_._. ...,,,,..,
ARTICLEXIV........................................_.........______........_.._____................__....,........,...,.....;..20
MEDICAL, DENTAL AND OTHER INSURANCE .......................................... ..................20
Section 1. Medical Insurance.....__.................................................. .....................a__.20
Section 2. Dental Insurance....,......... ....... ........_ ........................... ............,,....,........21
Section 3. Life& Accidental Death & Dismemberment (AD&D) Insurance. ... ...... .....
21
Section 4. Long Term Disability Insurance ........................................... .........: ..................21
Section 5. Employee Assistance Program (EAP) ....................................... .........e.,..,.,.:.21
Section 6. IRS Section 125 Benefit(Cafeteria) Plan................. ...._........._ .w.,.,,.,...,......22
ARTICLEXV ........................._........................... ....._.........__.......... ....................._.,, ,;.e.,.,...:22
RETIREMENT..................................................................................................: ........:......„...22
Section 1. California Public Employees' Retirement System Coverage ....,...b ......... .........22
Section 2. First Tier Retirement Formula .................................................. .......... ........ ....,..22
Section 3. Second Tier Retirement Formula .........._______......................................,.,,,.,:.23
Section 4. Third Tier ("PEPRA" Tier) Retirement Formula ......................... .................23
Section 5. Survivor/Death Benefits ........................................... ...............
24
Section 6. City Retiree Medical Contribution ............................................. _______.__24
ARTICLEXVI ........... .._........_.............._......._.... ........, .................. ............,........,.,,....,......25
TUITION REIMBURSEMENT ......................_ _..........._____.......... ................,, .....,,......,,..25
Section 1. Reimbursement Rates ..............
ARTICLEXVII................................................................................... ...................... ...:........25
PROBATIONARY PERIOD...............................................................................: . .......:.........25
ARTICLE XVIII ............................................... ............
26
SENIORITY.................................................................................................... . ...., ,_....,,,..,.26
Section 1. Seniority Date ...................._..... ................., ......... ............,...,. ..,.,.___...26
Section2. Layoffs...................................................................... ................. .......:.........26
Section 3. Loss of Seniority Rights... ....._....................... __..........___...........: ...............
27
H/PSNL/LABOROCEA-MAINT MOU 2018-2021,04,24.2018
Section 4. Re-Employment List......................................................................::........27
Section 5. Layoff Notice and Severance Pay.,......, ..................
................ ...............:..27
ARTICLEXIX....................................................................................
................. ......:......::.27
CITYRIGHTS......................................................................._.......
..............,,..,...,,, . ,.....; .27
Section 1. Management Rights.................. .............................
................. ........<.,.,.,..27
Section 2. Exercise of Management Rights ....................... ..............
...,: ,.,....;; ______..28
Section 3. Contracting Out .........___.....__.
.........,.......29
ARTICLEXX ...................... ........................... .............................
........ .......: .................29
EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES
....:......... ..„....,;,,a,.,,.29
Section 1., Agency Shop Agreement - Legislative Authority ..............
............:..29
Section2. Election ............................................................................
,.:, ,,..,..;. .......:,........29
Section 3. Association Dues/Service Fees . ..............._...........
........:........ti ..,.............30
Section 4. Religious Exemption................. ...........................
................. ....,.,;.........31
Section5; Rescission................................................................
................ x ......,..........31
Section 6. Maintenance of Membership...... .............................
.......:......... .................32
Section 7. Indemnification ._......._._...._._._..... ._....._.._.._....._._.._._
................... .....„,..,,..;.32
ARTICLEXXI ...............................................................................................
...,..,.;, .,..._..__..32
NO STRIKE - NO LOCKOUT..............................................................
..............32
ARTICLEXXII............................................___....................................,
........, ,,,..,.....,,....33
GRIEVANCE PROCEDURE ........................ ...........................
..................: ....... .........33
Section 1. Grievance ..................____. __....... ._.........................
....,..., ......... ............,....33
Section 2. Conduct of the Grievance Procedure......................
..............._.,_______33
Section 3. Grievance Procedure Steps............................................
........ .................34
ARTICLE XXIIL_........ ..._..................._.... .............
MISCELLANEOUS...............................................................
....,,,.:..,,..,.. ....,.,:....,....35
Section 1. Substance Abuse Policy .................................................
............. .................35
Section 2. Lateral Transfer and Promotional Recruitment .........
........: .......a;. _.___..._.38
Section 3. Labor-Management Committee........................................
.38
Section 4. Leave Entitlement............................................................. ..,,..,.. ..a....w.......:.39
Section 5. Court Referrals ............... ,.......................... .................;
......... ....,.,.....,....39
Section 6. American with Disabilities Act .........................................
.... a..,.......a ....... __39
Section 7. Entry Level Classification. ........................... .................
.....................__40
ARTICLEXXIV............................................................................................
.......... __...... —.40
REOPENER......................................................................................
..,.__ F,......... _.40
ARTICLEXXV.................................... ........................... .............,...
,......., m..............40
SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING...........
.......... ...,...,.....,...40
=iv
H/PSNL/LABOR/DCEA-MAINT.MOU.2018-2021.04.24.2018
ARTICLE XXVI ........................... ........................... ........................... ......... m.................4
WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT..... .......:.
.....4..;...,..,.x40
ARTICLEXXVII......................................................... ............................ ...........
..........ro--41
EMERGENCY WAIVER PROVISION...................._................................ ...............,,-:;.,.,.....41
ARTICLEXXVII .....,..................... ............................................:......... .........
..................41
SEPARABILITY...........................................................................................................
...........41
ARTICLEXXI .............. ......._.. ............................ .....___..............._... ..............—.,..........41
TERM OF THIS MEMORANDUM OF UNDERSTANDING ........................ .........................41'
ARTICLEXXX ............................................................................................ .........
§..,.....,,.,.--42
RATIFICATION AND EXECUTION .....:......... ........, ........................... ..............,........,...
EXHIBITA................................................................................................................
.....:.....,....4
CLASSIFICATIONS REPRESENTED BY THE DOWNEY CITY EMPLOYEES'
ASSOCIATION - MAINTENANCE UNIT............................................................
........4
EXHIBITB ........................................................................:.................. .......:........:..........44
PAY SCHEDULE EFFECTIVE MAY 7, 2018 .........................._...... ___...... .........
,,.,.,...,........44
PAY SCHEDULE EFFECTIVE MARCH 25, 2019 .............................................
PAY SCHEDULE EFFECTIVE MARCH 23, 2020 ..............................................
........... ..... ,.4
v
H/PSNL/LABOR/DCEA-MAI NT. MOU.2018-2021.04.24.2018
MEMORANDUM OF UNDERSTANDING
THE CITY OF DOWNEY AND
THE DOWNEY CITY EMPLOYEEVASSOCIATIONMAINTENANCE
ARTICLE I
Pursuant to the provisions of the Employee Relations Ordinance No. 394 and the
Supplemental Employee Relations Rules and Regulations of the City of Downey, the City of
Downey (hereinafter called the "City") has recognized the Downey City Employees' Association -
Maintenance Unit, (hereinafter called the Association,) as the exclusive representative of
employees in the Maintenance Unit which includes the classifications described in Exhibit A.
The City has recognized the Association for the purpose of meeting its obligations under the
Meyers—M i I ias- Brown Act, Government Code Section 3500 etc. seq. and the Employee
Relations Resolution of the City when City rules, regulations or laws affecting wages, hours or
other terms and conditions of employment are amended or changed.
ARTICLE 11
i i •
Section 1. The parties mutually recognize and agree to protect the rights of all
employees hereby to join and/or participatein 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 Association and the City agree not to discriminate against any employee
with respect to recruiting, hiring and promotion based upon race, sex, religion, color, national
origin, ancestry, age or qualified physical handicap. All decisions with respect to recruiting,
hiring and promotion shall be based upon an individual's qualifications, as related to the
requirements of the position being filled. The Association and the City further agree that other
personnel matters, including but not limited to, compensation, benefits, transfers, layoffs, recall
from layoffs, training, education and social and recreational programs shall be administered
without regard to race, sex, religion, color, national origin,ancestry, age, or qualified physical
handicap. The Association further agrees not to discriminate against any member or applicant
for membership on the basis of race, sex, religion, color, national origin, ancestry, age; or
qualified physical handicap.
The City encourages all employees to treat one another with dignity and respect.
Harassment of fellow employees is a violation of City policy. No employment decision may be
made based upon an employee's submission to or rejection of such conduct. Any employee
who believes that he is the victim of such harassment, whether sexual, racial, ethnic or religious,
is required immediately to report the conduct to a supervisor, the department head or the
Human Resources Director. Any employee who engages in such conduct is subject to
disciplinary action, including immediate discharge.
Section 3. Whenever the masculine gender is used in this Memorandum of
Understanding, (MOU) it shall be understood to include the feminine gender.
1
•
Section 1. Salary Increases.
A. Employees in classifications covered by this Memorandum of Understanding as
referenced in Exhibit A shall receive -pay increases based on the following pay range
adjustments:
1. Effective May 7, 2018, a two percent (2%) across the board pay range increase
[two percent (2%) base salary increase].
a. 1n addition, the City shall make a one-time ad hoc lump sum amount payment
of four hundred dollars ($400.00) to each member of the Association covered
by this Memorandum of Understanding who is actively employed by the City
on April 24, 2018 (date of Council adoption of this Memorandum of
Understanding). The payment shall be made within thirty (30) days of the
adoption of this Memorandum of Understanding The one-time ad hoc
payment paid is unconnected to performance and shall not be reflected on
any City pay or salary schedule, shall not be the basis for any future
negotiated salary increases, and shall not be reported as compensation
earnable.
2. Effective March _ 25, 2019, a two percent (2%) across the board pay range
increase [two percent (2%) base salary increase].
3. Effective March 23, 2020, a three percent (3%) across the board pay range
increase [three percent (3%) base salary increase].
Section 2. Plan of Salary Schedules..
A. The pay plan consists of a set of monthly salary schedules. Each of such schedules
is designated by a schedule number. Each schedule consists of five (5) steps of monthly
compensation, each of which is designated by step letter.
B. For payroll purposes, the hourly equivalent of a monthly rate shall be computed by
dividing twelve (12) times the monthly rate by fifty-two (52) times the number of working hours
per week.
Section 3. Eligibility for Salary Advancement.
A. Eligibility for Salary Step Increase
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.
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H/PSNL/LABOR/DCEA-MAI NT. MOU;2018-2021 04,24.2018
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 fully effective work
performance shall be qualified to advance to the salary steps B, C, D and E.
C. Merit Evaluation.
1. Every employee shall receive an objective, written job performance rating,no
sooner than twenty (20) working days before, no later than ten (10) 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 from authorizing a
supervisor to give 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, which
rating shall be reviewed by the department head.
Section 4. Salary Schedule Step Reduction. Whenever an employee's work
performance falls below the level for which a step increase was granted, an employee's
authorized pay may be reduced to the employee's previous step rate under written procedures
established by the City for demotions and reduction in pay.
Section 5. Longevity Pay.
A. Eligibility. As early as at least July 1, 2011, regular employees who have completed
ten (10) and twenty (20) years of service with the City of Downey have and shall continue to
receive longevity pay adjustments as follows:
10 years 5.5000%
20 years 8.4020%
Longevity pay is effective the start of the pay period that includes the ten (10) or twenty
(20) year anniversary date. Such pay is not cumulative.
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H/PSNL/LABOR/DCEA-MAINT.MOU.2018-2021.04.24:2018-
B. Qualification for Merit Longevity Lump Sum Payment. Starting the calendar year
(2018) in which the term of this Agreement begins, an employee who receives or will receive the
Ten (10) Year or Twenty (20) Year Longevity Pay shall also qualify to receive a one-time annual
Merit Longevity Lump Sum Payment if his most recent performance evaluation rating is "meets
standards" or above. In 2018, the Merit Longevity Lump Sum Payment value is four hundred
eighty dollars ($480.00) and in 2019 and thereafter, unless otherwise modified via the meet and
confer process, the Merit Longevity Lump Sum Payment value is seven hundred fifty dollars
($750.00).
Section 6. Mechanic Tools. If tools provided by the Mechanics are lost due to fire or
verified burglary, then the City shall replace said tools. The Police Department would provide
verification of burglary, after review of appropriate evidence.
Each Mechanic shall be reimbursed for the purchase of tools up to an annual budget
limit. Effective January 1, 2009, the annual budget limit for the purchase of tools shall be one
thousand dollars ($1,000.00). At the earliest possible time after purchase, the employee shall
claim reimbursement for approved tools by submitting an itemized receipt. The department head
shall expeditiously authorize such reimbursement for approved tools. Approved tools shall be of
a high quality, bearing a brand name that is recognized throughout the industry and approved
by the department head (e.g., Sears -Craftsman, Proto, Snap -On).
Section 7. Out -of -Rank Pay. To assure the orderly performance and continuity of
municipal services, the City may temporarily assign employees to perform certain duties that are
outside of their job description. Such duties are generally associated with the employee's
possession of specific knowledge, ability or skill to perform such duties. The selection of an
employee for an out -of -rank assignment shall be at the discretion of the department head or his
designee. Five and one-half percent (5.5%) above the base hourly rate of pay shall be paid to
an employee authorized to receive out of rank pay beginning with the start of the payroll period
that includes the date upon which out of rank duties are assigned. 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. An employee
who receives out -of -rank pay will continue to receive any salary premium amounts (longevity,
certificate pay, etc.), will maintain their existing benefits, and will receive any general salary
adjustments provided to employees with the same classification.
Section 8. Safety Work Boots. Effective the start of the pay period following City
Council adoption of this Memorandum of Understanding, covered maintenance employees in
the Public Works Department and Community Development Departments, other than those
crews listed below shall be reimbursed for the purchase of approved safety work boots up to an
annual budget limit of $200.00. Effective the start of the pay period following City Council
adoption of this Memorandum of Understanding, covered employees who work in the park crew,
street crew, the water distribution crew, mechanics, and the water supply crew shall be
reimbursed for the purchase of approved safety work boots up to an annual budget limit of
$240.00. Such reimbursement shall be made upon presentation by the employee of an itemized
receipt showing that work boots, meeting City safety requirements, have been purchased.
Maintenance employees shall wear work boots meeting safety requirements at all times while
on duty. The City agrees to permit a one-year carry over of the boot allowance at the
employee's option to cover the purchase of boots in excess of the budget limit. Effective
November 10, 2009, an employee may use any unused amount of the annual boot allowance
towards the purchase of products for the care_ and maintenance of safety shoes such as
repellent sprays, polish, shoelaces, and insoles.
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H/PSNL/LABOR/DCEA-MAINT. MOU.2018-2021.04.24:2018
Section 9. Acting Pay. An employee who has been designated by the City to serve in
an acting assignment shall receive Step A of the range for the classification in which the
employee is performing active duties or five and one-half percent (5.5%), whichever" is greater.
An acting assignment is temporary and requires that the assigned employee meets the
qualifications for the classification assigned and performsallduties regularly assigned to the
higher classification. The selection of an employee to serve in an acting assignment shall be
authorized by the department head and shall take effect with the start of the payroll period that
includes the date upon which the acting assignment was authorized by the department head.
Service in an acting assignment shall not be used as a basis for, or in support of, a request for
reclassification. An employee who receives acting pay will continue to receive any salary
premium amounts (longevity, certificate pay, etc.), will maintain their existing benefits, and will
receive any general salary adjustments provided to employees with the same classification.
Section 10. Backflow Certification Pay (Education Incentive). The Director of Public
Works shall have the authority and discretion to provide and/or eliminate Education Incentive
(Backflow Certification Pay) to any covered employee up to budget_ authority for successfully
completing and maintaining the Los Angeles County Certified Backflow Tested Certification.
Approved employees with the Certified Backflow Tester Certification shall receive a salary
additive of five and one-half percent (5.5%) above the employee's- regular rate of pay.
Employees shall immediately notify their supervisor if they have lost their certification for any
reason.
Section 11. Bonus Pay for Training. At the department head's discretion, an employee
who is assigned by the department head to train new employees may be paid an amount equal
to two and three-quarters percent (2-3/4%) of the appropriate range in the salary schedule for a
maximum period of twelve (12) months. To be eligible to receive the bonus pay for training, an
employee must be specifically assigned to a trainee by the department head. A trainer will
receive the extra stipend for hours scheduled and worked in a training capacity.
Section 12. Bilingual pay. Employees required to speak or translate Spanish as part of
their regular duties will be compensated seventy dollars ($70.00) per bi-weekly pay period in
addition to their regular salary. The employee's department head has the authority and
discretion to assign and/or remove this bonus up to budget authority. To be eligible for this
assignment, the employee must pass a conversational examination administered by a court
certified interpreter, or an employee who has been certified by the Human Resources Director to
administer such examination.
Section 13. Water System Operator Certificate Pay. Effective the first pay period
following City Council adoption of this MOU, employees who are assigned to the Utilities
Division shall receive additional compensation at the following rates of pay upon attainment of
the following California Water Resources Control Board and California Water Environment
Association certificate series:
A. Certificate Level I Pay - An employee who obtains and maintains a valid Distribution
I, Treatment I or a California Water Environment Association (CWEA) Collection System
Maintenance 1 certificate shall be eligible to receive Certificate Pay at the rate of one hundred
and fifteen dollars ($115.00) per month.
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H/PSNL/LABOR/DCEA-MAINT.MOU,2018-2021,04 24:2018
B. Certificate Level TI Pay An employee who obtains and maintains a valid
Distribution II, Treatment 11, or California Water Environment Association (CWEA) Collection
System Maintenance II certificate shall be eligible to receive Certificate Pay at the rate of two;
hundred and sixty-five dollars ($265.00) per month.
C. Certificate Level III Pay - An employee who obtains and maintains a valid
Distribution III, Treatment III, or a"California Water Environment Association (CWEA) Collection
System Maintenance III certificate shall be eligible to receive Certificate 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 provided under
Sections A, B, and C above.
E. An employee who receives certificate pay in accordance with sections A -C above
who obtains and maintains an additional valid Distribution, Treatment, or CWEA Grade II or
higher certificate in a series other than the one compensated in A -C above, shall receive an
additional thirty dollars ($30.00) per month.
F. No additional compensation shall be granted for higher level certificates not included
above.:
G. An employee shall immediately notify their supervisor if they have lost their
certification for any reason. Failure to maintain the appropriate certificate will result in the loss of
certificate pay as well as additional appropriate personnel action.
Section 14. Pesticide Applicator's License Pay. Effective January 2, 2006, the
Director of Public Works shall have the authority and discretion to provide and/or eliminate
Pesticide Applicator's License Pay to any covered employee up to budget authority. Employees
who are so assigned and qualified shall receive Pesticide Applicator's License Pay of one
hundred dollars ($100.00) per month above the employee's regular rate of pay. The Director of
Public Works has the discretion to establish appropriate selection criteria and job responsibility
related to this special pay.
Effective April 24, 2018, this provision shall be clarified to include employees who are so
assigned in the Utilities Division. This provision shall also include reimbursement or payment of
the pesticide applicator's license fee and annual cost for membership in the Pesticide
Applicator's Professional Association (PAPA) as authorized by the Director of Public Works.
Section 15. On -Duty Training for Commercial Driver's License. The City shall
continue to provide on -duty training to -a non -probationary employee to assist him attain or
maintain the required commercial driver's license and endorsement(s). Training shall be
scheduled accordingly within the regular schedule of operations and shall be based on the
availability of resources to conduct the training.
Section 16. Commercial Licensed Driver Pay. Effective the start of the first pay period
following City Council adoption of this Memorandum of Understanding, an employee who
possesses and maintains a valid Class A or Class B Commercial Driver's License will be
compensated as follows:
Class A — Seventy-five dollars ($75.00) per month
Class B — Twenty-five dollars ($25.00) per month
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H/PSNL/LABORMCEA-MAI NT, MOU.2018-2021.04.24.2018
It is the responsibility of the employee to maintain -a valid Commercial Driver's License
under this provision to qualify for this pay. Should an employee receiving Commercial Driver's
License pay no longer maintain a valid qualifying license, he must contact Human Resources
immediately to provide notification.
Section 17. Calculating the Value of Special Compensation (Spec Comp).
Beginning or earlier than July 1, 2011, the values of the following special compensation items
are calculated using a compounding method that calculates them in the following order: (1)
Longevity Pay; (2) Backflow Certification Pay (Education Incentive). Any other special
compensation items are not included in the compounding calculation.
If the employee receives one or more of the special compensation items subject to
compounding referenced above, the one that is highest in the order above is calculated first, as
the applicable percent of the base hourly rate of pay. For each additional special compensation
item on the list above, the value shall be determined by multiplying the next one received in the
above order as a percentage of the base hourly rate of pay plus the value of the special
compensation items already calculated under this method.
An example of the calculation method for a Water Systems Operator Il who works eighty
(80) hours in a two week pay period is as follows:
Employee Base Hourly Rate $23.5398 Reportable Earnings @ 80 Hours $1,883.18
1. Longevity Pay (8.4020%) Spec Comp Earnings $ 158.22
2. Backflow Certification (5.5 %) Spec Comp Earnings $ 112.28
(Education Incentive)
Section 18. Uniform & Maintenance Reporting to CaIPERS..
A. The monetary value for the purchase and/or rental and maintenance of uniforms
through City -contracted uniform providers is reportable to CalPERS as "special compensation."
This excludes items that are for personal health and safety such as protective garments and
safety shoes. In accordance with the Public Employees' Pension Reform Act (Government
Code Section 7522 et. -seq.) the reporting of uniform and maintenance value as "special
compensation" for CaIPERS members hired on or after January 1, 2013 is prohibited.
B. Upon hire the City will provide up to the following number of uniform components to
employees in the following Divisions:
Maintenance & Facilities: 11 Shirts; 11 Pants/Shorts; 1 Rain Jacket & Pant Set;
1 Sweatshirt; 1 Jacket; and, 1 Hat/Beanie
Utilities: 11 Shirts; 11 Pants; I Sweatshirt; 1 Jacket; and, 1 Hat/Beanie
Transit: 5 Shirts; 4 Pants/Shorts; 1 Jacket; 1 Hat/Visor
7
The City shall provide uniforms for any employee required to wear a uniform in the
course of his regular job duties. Upon the recommendation of the immediate supervisor, an
employee may be approved for uniform replacement of any uniform component(s) based upon
normal wear and tear or if damaged or destroyed in the discharge of the employee's regular job
duties.
C. The parties agree that effective July1, 2011, the average annual cost incurred by the
City for the purchase and/or rental, and maintenance of employee uniforms will be reported as
special compensation pursuant to Section 571(a)(5) of the CaIPERS regulations. The amount
reportable for the purchase and/or rental and maintenance of uniforms is based on the average
annual cost paid for by the City for each employee over the previous three fiscal years (FY
2014-2015, FY2015-2016, and FY 2016-2017) and shall not exceed four hundred dollars
($400.00). The annual amount shall be reported on a per bi-weekly pay period basis.
Section 1. Work Schedule.
A. The "9/80" schedule provides eighty (80) hours of scheduled work in a two-week pay
period. Employees are scheduled to work eight (8) nine (9) hour shifts and one (1) eight (8) hour
shift in a two week pay period. There is one alternating day off in the work schedule. The
alternating day off is Friday. The work week for FLSA. overtime purposes shall start (4) four
hours into the nine (9) hour Friday shift. Management shall maintain the right to schedule
employee's work days, start and end times, establishing FLSA work weeks, etc.
B. Employees with hardships may request to their department head to be assigned the
five (5) eight (8) hour shifts per work week for eighty (80) hours of scheduled work in a two (2)
week pay period. The work week for FLSA overtime purposes for this schedule shall start at
12:01 a.m. Monday and end at 12:00 a.m. Sunday. 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.
Section 2. Voluntary Reduction of Full -Time Hours.
A. A departmenthead 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 (2) week pay period. This Section shall not apply
to employees who request reductions of more than sixteen (16) hours in a pay period.
B. Employees who participate in this voluntary program shall maintain their status of
"full-time" with all the normal rights and privileges that status holds unless specifically altered by
this section.
C. Employees who are granted a reduction shall have salary reduced in proportion to
the reduced hours or shall be paid for the actual hours worked.
D. The City shall continue contributions to medical benefits as outlined in this MOU
E3
R11052 M1.
E. Leave time benefits such as vacation, sick leave and holidays, shall be reduced in
proportion to the hours worked.
F. All approved programs shall begin on the first Monday in the month that begins a pay
period. Employees approved for this program shall be required to remain on the reduced
schedule for at least two (2) pay periods. Employees shall only make two (2) requests/changes
per fiscal year.
G. Nothing in this Section shall diminish management rights to scheduleworking hours,
starting times, the number of hours worked, nor right to refuse requests; nor other rights as
previously reserved.
Section 1. Overtime Compensation. Overtime may be compensated in time off or
money. Employees assigned to work overtime shall have the right to be paid money, unless the
form of compensation time off has been discussed in advance. All approved overtime worked by
an employee in excess of forty (40) hours in the employee's work week shall be paid at the rate
of one and one-half (1.5) the employee's regular hourly rate. Management may inform
employees, prior to the performance of the work, that only "compensatory time" is available. In
this instance, employees shall have the right to refuse the overtime assignment.
Section 2. No Pyramiding. There shall be no pyramiding of overtime, which means that
employees shall not be compensated more than once for the same hours under any provision of
this Agreement.
Section 3. Overtime Policy. 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 City shall assign overtime on a fair and equitable basis
and shall establish a system of rotation of overtime. The City agrees to implement and update to
the current Policy to insure that overtime assignments and assignment of the stand-by pager in
the Utilities Division are rotated among qualified personnel, provided that such system shall
guarantee the integrity of the City's ability to perform services with adequate available
manpower. 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. Compensatory Time Off. Where elected, compensatory time off is provided
at a rate of one and one-half (1.5) hours for each overtime hour worked. The maximum
compensatory time off an employee may accrue is two hundred forty (240) hours (up to one
hundred sixty (160) overtime hours worked) in accordance with the Federal Labor Standards
Act (FLSA). Effective upon adoption of this Memorandum of Understanding, any compensatory
time off hours earned in lieu of overtime pay that are in excess or will exceed the FLSA
maximum, shall be paid out at the overtime rate and an employee shall not be allowed to accrue
compensatory time off until earned compensatory time off hours fall below the FLSA maximum.
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H/PSNL/LABOROCEA-MAI NT. MOU.2018-2021.04.24.2018
Unused compensatory time off hours shall be paid out Upon separation from
employmentatthe higher of (a) the employee's average rate of pay for the final three years of
employment, or (b) at the employee's final regular rate of pay.
I -iii CSR
•il , - 91011"41161:41
Section
0 6 -
Section 1. Call Back Duty. Employees covered by this Agreement who are called back
to duty from off duty to perform work outside their regular work schedule shall receive and be
paid for a minimum of two and six -tenths (2.6) hours attherate of one and one-half (1.5) the
regular rate of pay. Employees shall be entitled to call back -pay -in the event the employee is
required to report back to work after completing his regular work shift, left City premises, and/or
the employee 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. As
approved by the Division Manager, an employee who is able to handle the incident by phone or
other electronic means without having to report to duty may be compensated according to the
same call back provisions.
Section 2. Hours. If an employee is called back in less than four (4) hours before the
start of their regular work shift, the employee shall be paid for the hours actually worked. Such
hours shall be counted toward the computation of overtime pay.
Section 3. Emergencies. In cases of emergency or whenever public interests or
necessity requires, any Department or Division Head may require an employee in such
department or division to perform work at times other than their regular work schedule.
Section 4. Standby Duty. An employee who is released from active duty but who may
be required by the Division Manager or designee to leave notice where they can be reached
and be available to respond to active duty at a time other than their regular work hours shall be
said to be on standby duty. An employee who is assigned standby duty and is called back shall
receive pay in accordance with Article VI, Section 1. Emergency call back for employees not on
standby shall be rotated among all qualified unit members. The City may, at its discretion,
establish eligibility criteria based on known skills, classification and distance from the workplace
for standby duty. During standby duty, the employee is expected to be able to respond and
perform assigned duties in a satisfactory manner. The City reserves the right to call back an
employee nearest the emergency site when time is of the essence._
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it . . ff f { 04 018
Section 1. Employees covered by this Agreement shall receive eight (8) hours of pay for
each of the following holidays:
1 New Year's Day
2. Martin Luther King's Birthday
3. Washington's Birthday (President's Day)
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veteran's Day
8. Thanksgiving Day
9. bay after Thanksgiving
10. Day before Christmas
11. Christmas Day
When a holiday falls on a weekday that is an employee's regular day off, the employee
shall receive eight (8) hours of compensatory time at straight time. When a holiday falls on a
day an employee is scheduled to work nine (9) hours, and the employee takes the day off, the
employee shall add one (1) hour by choosing vacation, compensatory time, personal leave, or
time without pay. Sick leave, other than personal leave, may not be used to supplement the
holiday hours.
Section 2. When a'holiday falls on a Saturday, the preceding Friday 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 day City Hall observes), the
employee shall receive holiday pay that shall be eight (8) hours of pay at the employee's regular
hourly rate of pay; together with overtime pay of one and one-half (1.5) times the employee's
hourly rate of pay for each hour worked on the holiday. When an employee works on the actual
holiday (when the holiday is observed as City Hall closure onanotherday), the employee will
receive the premium pay above, unless the employee was paid premium on the day the holiday
was observed.
Section 4. Should one (1) 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.
11
ARTICLE VIII
Section 1. Accruals.
A. Employees covered by this Agreement shall accrue vacation leave pay on the
following scheduled basis:
Year of Service Hours Per Year Monthly Accrual
0-3
80
6.7 Hrs.
4-5
96
8.0 Hrs.
6-10
120
10.0 Hrs.
11-15
136
11.3 Hrs.
16+
160
13.4 Hrs.
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.
Starting with ;January 2018 vacation accruals, the balance of vacation leave earned must
fall below Maximum Accrual. An employee will not be allowed to accrue vacation that exceeds
the Maximum Accrual until the vacation falls below the Maximum Accrual
Section 3. Vacation Approval. The department head shall make every reasonable
effort to accommodate the employee's request to take vacation and avoid any vacation accrual
that exceeds or continues to exceed 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. 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.
12
Section 6. Use of Vacation. An employee may use vacation hours to avoid the loss of
pay for hours absent from the job, provided the employee has already accrued the vacation
hours. This does not preclude the employee from being disciplined if the absence from the job is
not approved, is unjustified, or otherwise is in violation of City policies and practices.
• 1 f
Section 1. Leave of Absence Without Pay. 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, upon recommendation of the City Manager, grant a
permanent employee a leave of absence for a specific purpose, with pay, not to exceed one (1)
year. No such leave shall be granted except upon written request of the employee. Approval
shall be in writing and a copy filed with the Human Resources Office of the City. Upon expiration
of a regularly approved leave, the employee shall be reinstated in the position held at the time
leave was granted. The employee shall report promptly upon the expiration of any leave
granted. Failure to report within a twenty-four (24) hour period after expiration of leave shall be
considered a voluntary resignation. Except as may be provided by law, no employment or fringe
benefits such as, but not limited to, sick leave, vacation, health insurance, retirement or any
other benefit shall accrue to any employee during leave of absence without pay.
Section 2. Health Insurance Premiums. 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. (Also refer to Family Leave policy.)
Section 3. 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 4. Outside Employment While on Leave. An employee, who engages in
outside employment, without prior approval of the City Manager, during said leave of absence,
shall be subject to termination. Any employee who falsified a reason for the request for said
leave of absence or any extension of such leave ofabsencemay be terminated for falsifying
such request.
Section 5. Unpaid Leave and Accumulation of Benefits. In the event an employee
has exhausted all accumulated benefit hours and has not returned to work, the employee must
apply for a leave of absence or be terminated. Employees shall be notified by the City when all
benefit hours have been exhausted. After the employee has been notified, he shall have ten
(10) calendar days to apply for leave of absence.
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H/PSNULABOROCEA-MAINT. MOU.2018-2021.04.24.2018
ARTICLE X
SICK LEAVE
Section 1. Sick Leave Accruals.
A. Sick leave shall be accrued at the rate of 3.692 hours per biweekly pay period
(ninety-six [96] hours per year) for full-time employees without limit on accumulation. Sick leave
shall not be considered to be a privilege which an employee may use at his discretion, but
rather shall be allowed only for the purposes specified below.
Section 2. Use of Protected Sick Leave.
A. Effective the start of the pay period which includes July 1, 2015, the first three (3)
shifts or hours equivalent (e.g. twenty-four [24] hours for employees assigned to a 5/8 work -
schedule or twenty-seven [27] hours for employees assigned to a 9/80 work schedule) of paid
sick leave taken each twelve (12) month period, for any authorized purpose, will be considered
sick leave used pursuant to the Healthy Workplaces, Healthy Families Act of 2014. The twelve
(12) month period is July 1 through June 30 for employees hired prior to July 1, 2015. For
employees hired on or after July 1, 2015, the twelve (12) month period is the twelve (12) month
period beginning on the employee's hire date, until the following July 1 at which point the
employee's 12 month period will begin the start of the pay period which includes July 1 to the
pay period that includes June 30.
B. Effective January 1, 2016, employees can use up to an additional forty-eight (48)
hours of sick leave per year provided by the California Kin Care law.
C. An employee can use sick hours as protected leave for any of the following reasons:
The diagnosis, care, or treatment of an existing health condition of, or preventative care for, an
employee or the employee's family member.
D. for purposes of this section, a family member includes employee's parent, child,
spouse, registered domestic partner, parent -in-law, grandparent, grandchild, and sibling. Only
the first three (3) shifts or hours equivalent plus forty-eight (48) hours of sick leave in a twelve
(12) month period can be used as described above.
E. Employees can use sick leave for related purposes if they are victims of domestic
violence, sexual assault or stalking.
F. In order to receive compensation while absent on protected sick leave, the employee
shall notify a designated supervisor within one (1) hour of the time set for beginning duty, unless
notification is physically impractical then such notification shall be waived until a reasonable
period has elapsed.
For any such absence in which protected sick leave is utilized, the employee shall
submit a written statement with the department head or designee confirming the use of
protected sick leave. A physician's statement verifying the absence from work is not required.
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H/PSNULABORMCEA-MAI NT. MOU.2018-2021.04.24.2018
When an employee is not utilizing protected sick leave, the department head or his
designee may require a physician's certificate stating the cause for any subsequent absence
before said leave shall be approved. Such absence may be for more than three (3) work days or
if there is reasonable cause to indicate abuse of sick leave.
G. Accrued Sick Leave Benefit. The right of an employee to accrued sick leave benefits
shall continue only during the period that the employee is on paid status. Accrued sick leave
benefits 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, except
as required by federal or state law.
H. 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.
1. Fitness for Duty. At the written request of the appointing authority, based upon job-
related grounds and consistent with business necessity, the City Manager may require an
employee to submit to an examination by the City's physician to determine fitness for duty. If the
results of the examination indicate the employee is unable to performhisduties, 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 (2)
physicians, a third physician shall be selected by the first two (2) physicians and the final
decision shall be made by the City Manager based upon the medical evidence submitted to him.
J. The City will not harass employees for the use of sick leave or industrial injury leave.
Harassment is the persistent criticism of employees who use sick leave or are off because of
industrial injury. However, noting the use of sick leave on employee evaluations is not
considered harassment.
Section 1. Sick Leave Conversion at Retirement or Death.
A. Effective December 15, 2008, one hundred percent (100%) of an employee's unused
accumulated sick leave shall be deposited into the City Retirement Health Savings (RHS) Plan
to be used for eligible medical expenses, provided that the maximum number of hours that will
be deposited is nineteen hundred (1,900).
B. In the event of layoff, an employee with ten (10) years of continuous service with the
City shall be entitled to the above benefit.
15
C. 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 costed at salary rates in effect
on June 30, 1974.
2. Sick leave earned on or after July 1, 1974 shall be costed at the rate prevailing at
the end of the fiscal year in which it was earned.
3. Sick leave taken shall be deducted from the oldest, lowest value accrued sick
leave first,: provided however, when an employee takes sick leave, the employee
shall receive each hour of sick leave at the employee's hourly rate in effect at the
time of taking sick leave.
Section 2. Sick Leave Conversion to Vacation. Employees who become entitled to
accrue sick leave allowance which has not been used, may convert each two (2) hours of
accumulated sick leave to one (1) hour of vacation, after having accumulated six hundred and
forty (640) hours of sick leave and providing that not more than forty (40) hours of additional
vacation may be so converted in any one fiscal year.
Section 3. Bereavement Leave.
A. Any employee who has suffered a death of an immediate family member, may be
allowed bereavement leave with pay, not to exceed six (6) work days per incident on the basis
of one-half (5) work day for each month of regular employment, which is deducted from
accumulated sick leave._ Immediate family shall include and be limited to the employee's mother,
father, brother, sister, spouse or child, grandchildren, grandparents and current parent -in-laws.
B. All such claims for bereavement leave are subject to verification by the department
head or their designee.
Section 4. Personal Leave. With advance approval of the department head, an
employee may use up to twenty-four (24) hours of their accrued sick leave per year, on personal
matters which are of an unforeseen combination of circumstances which call for immediate
action and are not otherwise covered under_ protected sick leave or to add one additional hour
per holiday as covered in Article VII, Section 1. Such matters shall be considered as those
events or occurrences 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. Personal Leave used as an additional hour of holiday shall not be included in any
calculation of an employee's use of sick leave for the purposes of performance evaluation or
awards provided by the City.
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Section 5. Employee Disability Leave.
A. An employee that has at least one (1) year of continuous service with the City and
who has exhausted all accrued leave (vacation, sick -leave, comp time) due to non -industrial
illness or injury can be advanced sick leave time at the rate of seventy-five percent (75%) of the
employee's regular salary according to the following table:
Maximum Time Allowance (Hours)
Years of Service Total Hours
1 through 5 360
6 through 10 544
Over 10 720
B. Application for disability leave shall be made by the employee to the City Manager
through the department head, accompanied by full medical justification from a physician chosen
by the City at the direction of the City. Failure to submit to such an examination shall be a basis
for terminating disability leave. If the City Manager approves the application, he shall notify the
employee of such approval in writing.
C. After the employee returns to work, the employee shall reimburse the City for the
value of the advanced sick -leave time by having the employee's sick leave accrual for sick -
leave reduced by four (4) hours per month and the employee may contribute vacation leave to
accelerate the employee's reimbursement to the City for providing the benefits under this Article.
D. When the "maximum time allowance has been reimbursed as set forth above, the
employeeshallbe eligible to apply for additional disability leave; provided that no employee
shall receive more than the "total" set forth above for his length of service, during his entire
employment with the City.
E. Grounds for termination of disability leave by the City Manager shall include, but not
be limited to, the following:
1. The employee has recovered from his illness or injury.
2. The leave is being used as a pre -retirement leave for purpose of postponing
retirement or pension.
3. The disability leave was procured by fraud, misrepresentation or mistake.
4. The employee has not cooperated fully in supplying all information and
submitting to any examination requested by the City to determine the existence
or continuing nature of the employee's disability.
F. In the event an employee becomes ineligible to accrue sick leave or is scheduled to
end employment with the City and has not completed the reimbursement schedule for this
benefit, the balance due shall be handled by payroll deduction or accounts receivable as
applicable.
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ARTICLE XII
OTHER LEAVES
Section 1. Workers' Compensation -Injury on Duty Leave.
A. Compensation. If an employee is absent from work by reason of illness or injury
determined to be covered by Workers' Compensation, the City shall pay the employee
seventy-five percent (75%) of his regular rate of pay for up to ten (10) work days following the
illness or injury in lieu of temporary disability payments. During the period in which the employee
receives seventy-five percent (75%) of regular pay, no State or Federal income tax shall be
withheld upon timely request by the employee. If a regular employee is disabled due to an
illness or injury covered by Workers' Compensation for a period beyond ten (10) working days,
said employee shall be paid one hundred percent (100%) of his regular rate of pay.
Any payments made pursuant to this Section shall not be charged to the employee's sick
leave or vacation benefits. All fringe benefits, such as payment of medical and dental insurance
premiums shall continue during such paid industrial disability leave.
B. Duration. Any such paid industrial disability leave, as described in Section A above,
shall extend for a period of up to nine (9) calendar months for each covered injury or illness.
Such paid industrial disability leave shall not be authorized after an employee's separation from
City service.
C. Extended Industrial Disability. In the event that an employee's industrial disability
or incapacity extends for a period beyond nine (9) calendar months, the employee shall be
entitled to receive temporary or permanent disability benefits pursuant to State Workers'
Compensation laws.
D. The existing language contained in Article IX, Section 11, of the Personnel
Management Rules and Regulations, entitled Workers' Compensation, is hereby superseded by
the provisions of this Section and effectively deleted in terms of applicability to employees
covered by this Agreement.
E. If an employee with a Workers' Compensation claim files for a permanent disability
rating, he will continue to receive the extended industrial disability wage continuance as detailed
in item C above. In no case will an employee's compensation be reduced to the State minimum
in lieu of his entitlement to the wage continuance provisions specified above.
F. In the event that the Federal income tax laws are changed to provide that temporary
disability payments are taxable income, the amount of the wage continuance shall revert from
seventy-five percent (75%) back to one hundred percent (100%).
G. Reclassification of Injured Worker. If, in the opinion of the City, an employee has
been found to be permanently, physically incapable of performing the duties of the currently
held position, the City may place the employee into another vacant position of equal level or
lower within the bargaining unit provided such placement is 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.
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Section 2. Military Leave. Military leave shall be granted in accordancewith 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 3. 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 date(s) 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.
A. Effective January 1, 2016, an employee is eligible for up to up to forty (40) hours per
year (up to eight [8] hours per month) of authorized time off from scheduled work for "child -
related activities" if the employee is a parent with one or more children attending kindergarten,
grades 1 to 12, or is at a licensed child care provider. "Child -Related Activities" includes finding,
enrolling, or reenrolling a child in school or with a licensed child care provider. Such leave also
includes leave to address a child care provider or school emergency, including_a request that
the child be picked up from school/child care, behavioral/discipline problems, closure or
unexpected unavailability of the school (excluding planned holidays), or a natural disaster.
"Parent" in this case is defined toincludea_parent, guardian, stepparent, foster parent, or
grandparent of, or a person who stands in loco parentis to, a child.
B. Except in the case of the need to address a child care provider or school emergency,
the use of such leave can be limited to eight (8) hours per month. An employee can be required
to use any earned compensatory time or vacation hours for any such absences related to child -
related activities.
Section 6. Consultation of Human Resources. To ensure the appropriate application
of all compatible statutorily provided protected leave, it is advised that the employee,
department head, or immediate supervisor consult with the Human Resources Director or
designee in advance on the use of protected leave.
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 Memorandum of Understanding.
Section 2. Selection and Funding. In the administration of the fringe benefit programs,
the City shall have the right to select any insurance carrier or other method of providing
coverage to fund the benefits included under the terms of this Memorandum of Understanding,
provided that the benefits of the employees shall be no less than those in -existence -as of the
implementation of this Agreement.
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Section 3. Changes. If, during the term of this Memorandum of Understanding, 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 method of funding
the coverage.
Section 1. Medical Insurance.
A. Kaiser Permanente Health Maintenance Organization (HMO).
1. Effective July 1, 2012,_ the City agrees to maintain the fully -insured $10 co -pay
plan with Kaiser Permanente for unit employees without an employee
contribution towards coverage for employee plus qualified dependent(s) through
December 31, 2018.
2. Effective July 1, 2012, no other medical insurance coverage options are available
for unit employees except for the Kaiser Permanente HMO plan.
3. Effective May 1, 2018, and for the term of this Memorandum of Understanding,
the City agrees to contribute up to the monthly premium amount of the
employee's eligible coverage level for the second highest PPO plan offered by
CaIPERS at the basic premium rates in effect and designated for the Los
Angeles Area. In the event medical plan premiums for the City's Kaiser
Permanente HMO plan exceed the City's contribution rates starting with plan
year 2019 and thereafter during the term of this Agreement, the City agrees to
open discussions at the request of the Association to consider alternate medical
plans, including medical plans offered by CaIPERS.
B. Employee Waiver of Medical Coverage. The City agrees to permit an employee to
waive City -sponsored medical coverage as follows:
1. The employee presents written proof to the Human Resources Office that he and
his qualified dependent(s) are covered by another non -City -sponsored medical
plan for the current plan year;
2. The employee must sign 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
3. The employee must sign a statement acknowledging his understanding that his
qualified dependent(s) are not eligible to re -enroll in City sponsored medical
coverage until the next announced Open Enrollment period or as otherwise
required by law under COBRA provisions.
20
Upon adoption of this Memorandum of Understanding and effective the next second pay
cycle of the month after an employee's compliance with this Section, the City agrees that the
employee who is qualified to waive coverage shall receive three hundred dollars ($300.00) per
month if waiver eligibility is for "employee only" coverage, four hundred fifty dollars ($450.00)
per month if waiver eligibility is for "employee plus one" coverage, or six hundred fifty dollars
($650.00)_ per month if waiver eligibility is for "employee plus two or more dependents"
coverage. The eligible amount will be added to the employee's paycheck or will be placed in the
employee's deferred compensation plan account. Effective the medical opt out plan year
starting January 1, 2019, the employee's eligible amount will be deposited in the employee's
deferred compensation plan account.
A medical opt out election may only be made by an employee during their time of hire or
during an announced open enrollment period for medical insurance changes effective January
1.
Section 2. Dental Insurance.
A. Dental HMO Plan. The City shall continue to make a maximum contribution of thirty-
one dollars and ninety-five cents ($31.95) per month to a dental HMO benefit package for the
employee and his qualified dependent(s). Any amounts necessary to fund existing benefits in
excess of the amounts which the City is obligated to contribute set forth above shall be borne by
the employee.
B. Delta Dental Plan. Effective January 1, 2009 (start of a new benefit year), the City
agrees to increase the annual maximum benefit amount under the Delta Dental Premier (PPO)
coverage payable from one thousand dollars ($1,000.00) to two thousand dollars ($2,000.00).
The Delta Dental Plan is a self-funded plan administered by Delta Dental. Premiums are
calculated annually by Delta Dental based on prior year's claims experience, administrative
fees, and an industry trending projection. For the term of this Memorandum of Understanding,
the City agrees to maintain the employee's contribution rate of 46.4% towards the monthly
premium established as a composite rate. For the 2016 calendar year, the monthly premium
(composite rate) is one hundred nine dollars and twelve cents ($109.12) and the employee
contribution is fifty dollars and sixty-three cents ($50.63) per month.
Section 3. Life & Accidental Death & Dismemberment (AD&D) Insurance. AS soon
as practicable but by no later than July 1, 2016, the City will implement an increase to the
,currentbasiclife insurance policy coverage. Each employee covered by this Agreement shall be
provided with a fifty thousand dollar ($50,000.00) group term life insurance benefit and
accidental death and dismemberment benefit without evidence of insurability other than
evidence of full-time employment with the City. Under the terms of this policy, benefit provisions
are payable and determined by the insurance carrier.
Section 4. Long Term Disability Insurance. Effective January 1, 2015, the City
enrolled Association employees in the City's Long -Term Disability Insurance program. Under
the terms of this policy, benefit provisions are payable and determined by the insurance carrier.
Section 5. Employee Assistance Program (EAP). 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 assistance.
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H/PSN L/LABOR/DCEA-MAI NT. MOU2018-2021„04.24:2018
Section 6. IRS Section 125 Benefit (Cafeteria) Plan. 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, AD&D and 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 iscoveredby another medical insurance plan
with comparable coverage and/or meets minimum essential coverage as specified by the
Affordable Care Act.
1. The City's maximum contribution shall be the sum of the monthly designated
premiums paid by the City for core benefits in 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. 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. The City continues to provide other benefits coverage under an Employee
Voluntary Benefits Program fully funded by the employee on a pre-tax basis in
accordance with IRS regulations.
Section 1. California Public Employees' Retirement System (CalPERS) Coverage.
Employees covered by this Memorandum of Understanding participate in CalPERS. Employee
options are described in a contract between the City of Downey and CalPERS and are
incorporated into this Memorandum of Understanding.
Section 2. First Tier Retirement Formula. Effective- August 19, 2002, the City
amended the CalPERS contract to provide the benefit known as 2.7% @ age 55 retirement
formula, asset forth in California Government Code Section 21354.5.
A. In accordance with existing practice and Government Code Sections 2O636(c)(4),
and 20691, the City will pay the employee's statutorily required member contribution of eight
percent (8%) and report this Employer Paid Member Contribution ("EPMC") to CalPERS as
special compensation.
B. Effective the pay period that includes July 1, 2012, employees shall begin to have
deducted, on a pre-tax basis, two percent (2%) of CalPERS reportable compensation, pursuant
to California Government Code Section 2O516(f).
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H/PSNULABORMCEA-MAI NT, MOU.2018-2021.04.24.2018
C. Effective the pay period that includes July 1, 2013, employees shall have deducted
an additional two percent (2%) of CalPERS reportable compensation, for a total of four percent
(4%), on a pre-tax basis, pursuant to Government Code Section 20516(f).
D. Effective the pay period that includes July 1, 2015, the four percent (4%) employee
cost sharing referenced in C. above shall be reduced to three percent (3%) through the pay
period that includes March 31, 2016; thereafter, the four percent (4%) cost sharing amount shall
apply unless otherwise negotiated sooner in a successor Memorandum of Understanding.
E. Effective May 7, 2018, the four percent (4%) employee cost sharing referenced in D
above shall be increased to five percent (5%).
F. 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.
G. The City has passed 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).
H. First tier benefits are available only to "Classic" members (i.e. those members that do
not meet the statutory definition of "New Member" under the California Public Employees'
Pension Reform Act ("PEPRA"), specifically Government Codes Section 7522.04(f) and were
hired prior to October 10, 2012.
Section 3. Second Tier Retirement Formula. Effective January 11, 2012, the City
amended its CalPERS contract to implement the 2% @ age 60 second tier retirement formula,
as set forth in Government Code Section 21353. This Second Tier Retirement Formula will not
apply to "new members" asthatterm is defined by the Public Employees' Pension Reform Act
of 2013.
A. Employees covered hereunder shall pay,on a pre-tax basis, the seven percent (7%)
statutorily required member contribution to CalPERS.
B. The City has passed a resolution setting forth that all deductions or contributions
under this Section shall be regarded as a pick-up of retirement costs pursuant to IRC 414(h)(2).
C. Second tier benefits are available only to "Classic" members (i.e. those members
that do not meet the statutory definition of "New Member" under the California Public
Employees' Pension Reform Act ("PEPRA"), specifically Government Code Section 7522.04(f)
and hired on or after October 10, 2012, but before January 1, 2013).
Section 4. Third Tier ("PEPRA" Tier) Retirement Formula. Employees who meet the
definition of "New Member" set forth in Government Code Section 7522.04(f) shall be eligible for
the benefits provided by PEPRA, which include but are not limited to, the following:
A. Retirement formula of 2% @'62 (Government Code Section 7522.25):'
B. Employees covered hereunder shall pay a member contribution of fifty percent (50%)
of normal cost as determined from time to time by CalPERS (employee contribution is six and
one-fourth percent [6.25%] for FY 2016-17).
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H/PSNL/LABOR/DCEA-MAINT.MOU.2018-2021.04.24.2018
C. There shall be no Employer Paid Member Contribution (°EPMC") by the City;
D. Retirement benefit calculations shall be based on pensionable compensation, as
defined by Government Code Section 7522.34; and
E. Retirement benefits shall be calculated based on the three (3) year highest average
annual pensionable compensation.
Section 5. Survivor/Death Benefits. Effective July 13, 2009, the City implemented the
CalPERS contract amendment to include: (a) the Level 4 1959 PERS Survivor's Benefit
program (Section 21574) and (b) the Pre -Retirement Optional Settlement 2 Death Benefit
(Section 21548).
Section 6. City Retiree Medical Contribution. An employee who retires from the City
of Downey on or after July 1, 2012, shall be entitled to participate in the City -sponsored medical
plan under the Kaiser Permanente HMO plan or the Kaiser Permanente Senior Advantage 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,_ provided:
A. At the time of retirement the employee has a minimum of ten (10) years of service, or
is granted a service -connected disability retirement;
B. At the time of retirement the employee is employed by the City; and
C. Effective the day after official separation from the City the employee has been
granted a retirement allowance by the CalPERS.
D. The City's obligation to pay up to a maximum of ninety-eight dollars ($98.00) per
month towards the premium in the City plan shall be modified downward or cease during the
lifetime of the retiree upon the happening of any one of the following:
1. During any period the retiree is eligible to receive or receives health insurance
coverage at the expense of another employer the payment will be suspended.
"Another employer" as used herein means private employer or public employer
or self-employed or the employer of a spouse. As a condition of being eligible to
receive the premium contribution set forth above, the City shall have the right to
require any retiree to annually certify that the retiree is not receiving any such
paid health insurance benefits from another employer._ If it is later discovered that
misrepresentation has occurred, the retiree will be responsible for reimbursement
of those amounts inappropriately expended and the retiree's eligibility to receive
benefits will cease.
2. if the retiree becomes eligible to enroll, automatically or voluntarily, in Medi -Cal
or Medicare, the City's plan shall provide secondary coverage only and the City's
contribution rate set forth above shall be adjusted downward accordingly.
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3. In the event the Federal government or State government mandates an
employer -funded health plan or program for retirees, or mandates that the City
make contributions toward a health plan (either private or public plan) for retirees,
the City's contribution rate set forth above shall be first applied to that plan. If
there is any excess, that excess may be applied toward the City medical plan as
supplemental coverage provided the retiree pays the balance owing for such
coverage if any.
4. Upon the death of the retiree, this benefit shall cease.
E. It is understood and agreed that the annual amount contributed by the City to fund
the Retiree Medical Annuity on behalf of the employees, shall be included as an item of
compensation in total compensation survey comparisons.
TUITION REIMBURSEMENT
Section 1. Reimbursement Rates. 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 head with job
related justification and approved by the City Manager or their designee. An employee must
receive a passing grade in order to be reimbursed for the course. Reimbursement shallbe
made at the rate of tuition charged at California State University, San Bernardino for courses on
the quarter system and California State University, Long Beach for courses on the semester
system. The employee will be reimbursed for required books only.
i :1 • 6 'r
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
probationer for up to an additional three (3) months. Should the appointing authority desire to
terminate any probationary employee, the appointing authority shall notify such employee no
less than two (2) weeks prior to termination.
Section 2. If the service of the probationary employee has been satisfactory to the
appointing authority, then the appointing authority shall file with the Human Resources Director
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 such a statement is not filed, the
employee will be deemed tobeunsatisfactory and his employment terminated at the expiration
of the probationary period.
Section 3. All probationary periods shall extend to the first day of the month following
the period of probation.
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H/PSNL/LABOR/DCEA MAI NT. MOU.2018-2021.04.24"2018
Section 4 During the probationary period an employee may be rejected at any time by
the appointing power without cause and without the right of appeal.
Section 1. Seniority Date. Employee seniority is the length of continuous service of the
employee with the City from his most recent date of hire or rehire.
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 2. Layoffs.
A. Whenever, in the judgment of the City Council, it becomes necessary to lay off
employees, the City may abolish any _position covered by this Agreement. Any employee
holding an abolished position will be subject to layoff and have no right to demand that written
charges or reasons therefore be filed, and shall have no right of appeal or hearing.
B. Seniority shall be observed in affecting layoffs in personnel The least senior'
employee in a classification subject to layoff will be laid off first.
C. An employee subject to layoff may exercise his seniority (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 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 seniority subject
to the same limitations. If an employee does not successfully complete the thirty (30) day trial
period, he will be laid off, provided that the employee may grieve such a layoff and be entitled to
Skelly rights.
D. For purposes of this section, job families are established as follows:
1 Facilities & Maintenance Services = Maintenance Lead Worker
Maintenance Worker III
Maintenance Worker 11
Maintenance Worker I
2. Water and Sanitation — Water System Lead Worker
Water System Operator II
3. Equipment Maintenance Lead Worker
Mechanic
26
4. Transit Driver/Dispatcher
Transit Driver
5. Tree Trimmer Lead Worker
Tree Trimmer
6. Residential Rehabilitation Lead Worker
Residential Rehabilitation Worker
Section 3. Loss of Seniority Rights. A- "separation from service, other than an
approved leave of absence or layoff, shall cause the employee to lose his seniority rights.
Section 4. Re -Employment List. Names of employees laid off shall be placed on a
re -employment -list in order of their seniority and shall remain on such list for a period of two
years. During this time, the City will use this list to rehire employees in order of seniority,
provided that the employee held the classification being filled or held a classification in the same
job family.
Section 5. Layoff Notice and Severance Pay. In the event the City decides to contract
for work provided by an employee covered by this Agreement, the City will provide at least one
month's notice to the affected employee prior to the effective date of the layoff. An employee
laid off because the City contracts with a private company to perform his duties will receive a
severance payment upon termination equal to three (3) months of the employee's current salary
amount.
CITY RIGHTS,
Section 1. Management Rights. 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 Memorandum of Understanding or by law to manage the City, as such rights
existed prior to the execution of this Memorandum of Understanding. 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 which 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,
27
G. To determine and/or change the facilities, methods, technology, means, and size of
the work force by which the City operations are to be conducted.
H. To determine and -change the number of locations, relocations, and types_ of
operations, processes and materials to be used in carrying out all City functions including, but
not limited to, the right to contract for or subcontract any work or operation of the City.
I. To assign work to and schedule employees in accordance with requirements as
determined by the City and to establish and change work schedules and assignments.
J. To relieve employees from duties for lack of work or similar non -disciplinary reasons.
K. To establish and modify productivity and performance programs and standards.
L. To discharge, suspend, demote, or otherwise discipline employees for proper cause.
M To determine job classifications and to reclassify employees.
N. To hire, transfer,- promote and demote employees for non -disciplinary reasonsin
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. Toestablishemployee performance standards including, but not limited to, quality
and quantity standards; and to require compliance therewith.
Q. To maintain order and efficiency in its facilities and operations.
R. 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 Agreement.
S. To take any and all necessary action to carry out the mission of the Agency in
emergencies.
Section 2. Exercise of Management Rights. Except in emergencies, or where the City
is required to make changes in its operations because of the requirements of law, whenever the
exercise of management's rights shall impact on employees of the bargaining unit, the City
agrees to meet and confer with representatives of the Association regarding the impact of the
exerciseofsuch rights, unless the matter of the exercise of such rights is provided for in this
Memorandum of Understanding or in Personnel Rules and Salary Resolutions and
Administrative Regulations which are incorporated in this Agreement. 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.
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Section 3. Contracting Out. The City agrees that it will notify the Association of any
known or anticipated layoff, reduction in class or reclassification of unit members resulting from
a decision to contract work to private sector employees which is ordinarily performed by
members of the bargaining unit. The City will meet and confer upon the impact of the
consequences regarding the decision to _contract out the above referenced work. The
Association agrees that the decision to contract any work is the exclusive right of the City.
Nothing herein shall prevent the City from taking all necessary action to carry out its mission
during emergencies.
A. If the City proposes to contract out services currently performed by unit employees,
the- Association shall have the right to submit a bid on the services. The City shall provide
employees with the same bid specifications as those provided to prospective contractors.
Section 1. Agency Shop Agreement - 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 - Maintenance Unit have the right to join or not join the Association. However, the
enactment of a local "Agency Shop" requires that as a condition of continuing employment,
employees in the respective bargaining unit must either join the Association or pay to the
Association a service fee in lieu 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. Employee shall be defined as full time having successfully
completed their probationary period.
A. 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.
B. To determine whether employees in the unit wish to be covered by an agency shop
provision, an election will be conducted by and in accordance with, procedures established by
the California State Mediation and Conciliation Service using a secret ballot. The ballot will state
"Do you wish to be covered by an Agency Shop arrangement, which requires all employees to
either join the employee organization or pay an agency fee for representation?" The cost of this
election shall be borne by the Association.
C. 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.
D. The State Mediation and Conciliation Service shall investigate any objections to the
conduct of the election and decide matters pertaining to any challenged ballots.
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Section 3. Association Dues/Service Fees.
A. Agency Shop as used in this Article means an organizational security arrangement
as defined in Government Code Section 3502.5 and applicable law.
B. Commencing within thirty (30) days of the State Mediation and Conciliation Service's
certification of approval of the agency shop election results, the Human Resources 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 Human Resources Office.
C. 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.
D. As to non-members objecting to the Association spending their agency fee on
matters unrelated to collective bargaining and contract administration, the amount of the agency
fee charged shall not reflect expenditures which the courts have determined to be non -
chargeable, including political contributions to candidates and parties, members only benefits,
charitable contributions and ideological expenditures and, to the extent prohibited by law, shall
not reflect expenditures for certain aspects of lobbying, ballot measures, publications,
organizing and litigation.
E. 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.
F. The Associationshall 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.
G. 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.
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H. 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 "isnot 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.
Section 4. Religious Exemption.
A. 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 employeefroma list of at least three of these funds, designated in a
memorandum of understanding between the City and the Association, or if the memorandum of
understanding fails to _designate the funds, then to any such fund chosen by the employee.
Proof of the payments shall be made on a monthly basis to the City as a condition of continued
exemption from the requirement of financial support to the Association [Govt. Code Section
3502.5(c)].
B. 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.
Section 5. Rescission. 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:
A. A request for such a vote is supported by petition containing the signatures at least
thirty percent (30%) of the employees in the unit;
B. The vote is by secret ballot;
C. 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)],
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D. 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.
Section 6. Maintenance of Membership. Unless prohibited by law, any employee in
the Association who has authorized Association dues deductions on April 24,-2018, the effective
date of this Memorandum of Understanding or at any time subsequent to the effective date of
this Memorandum of Understanding, shall continue to have such dues deductions made by the
City during the term of this Memorandum of Understanding; provided however, that any
employee in the Association may terminate such dues during the period of June 1 through June
10 of each year of the Memorandum of Understanding by notifying the Association in writing of
his election to terminate dues deduction. Such notification shall be delivered in person or by U.
S. Mail and should be in the form of a letter containing the following information: employee
name, employee number, job classification, department name, and name of Association from
which dues_ deductions are to be canceled. The Association will provide the City's Human
Resources Office with the appropriate documentation to process dues cancelations within ten
(10) business days after the close of the withdrawal period.
Section 7. Indemnification. The Association shall indemnify, defend, and hold the City
harmless against any liability arising from any claims, demands, or other action relating to the
City's compliance with the terms of this Article, including its agency fee obligations, the
deduction of dues and fees, and claims relating to the Association's use of monies collected
under these provisions [Govt. Code Section 3502.5(b)]. The City reserves the right to select and
direct legal counsel in the case of any challenge to the City's compliance with its obligations
under this Article, and the Association agrees to pay any attorney, arbitrator, or court fees
related thereto.
A. PROHIBITED CONDUCT
Section 1. The Association, its officers, agents, representatives and/or members agree
that during the term of this Agreement they will not cause or condone any strike, walkout,
slowdown, sick-out, or any other job action withholding or refusing to perform services.
Section 2. The City agrees that it shall not lockout its employees during the term of this
Agreement. The term "lockout" is hereby defined so as not to include the discharge,
suspension, termination, layoff, failure to recall or failure to return to work of employees of the
City in the exercise of its rights as set forth in any of the provisions of this Agreement or
applicable ordinance or law.
Section; 3. Any employee, who participates in any conduct prohibited in Section 1
above, shall be subject to termination by the City.
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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 Section 1 above,
the City may suspend any and all of the rights, privileges, accorded to the Association under the
Employee Relations Resolution in this Memorandum of Understanding including, but not limited
to, suspension of recognition of the Association, grievance procedure, right of access, check -off,
the use of the City's bulletin boards and facilities.
B. ASSOCIATION RESPONSIBILITY
Section 1. In the event that the Association, its officers, agents, representatives, or
members engage in any of the conduct prohibited in Prohibited Conduct, Section 1 above, the
Association shall immediately instruct any persons engaging in such conduct that their conduct
is in violation of this Memorandum of Understanding_ and unlawful and they must immediately
cease engaging in conduct prohibited and return to work.
Section 2. If the Association performs all of the responsibilities set forth in Association
Responsibility, Section 1 above, its officers, agents and representatives shall not be liable for
damages for prohibited conduct performed by employees who are covered by this Agreement.
ARTICLE XXII
•
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, or
suspensions of one day or more, demotions, or terminations from employment.
Section 2. Conduct of the Grievance Procedure
A. An employee may request the assistance of another person of his own choosing,
who is not a representative of another recognized bargaining organization, in preparing and
presenting his grievance at any level of review, or may be represented by the Association, or
may represent himself. 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
The employee shall not suffer any reprisal from management for utilizing the grievance
procedure set forth herein.
B. 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.
33
C. All time limits specified maybe 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 which are a result of finalized disci ling action which
shall berg at Sterni Four.
§Leg One. An employee must attempt first to resolve a grievance on an informal basis
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. If, after such
discussion, the employee does not believe the problem has been satisfactorily
resolved, he shall have the rightandobligation 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) calendar 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 non -disciplinary grievance is not
resolved in Step One, of if no answer has been received within five (5) working
days from the presentation of the oral grievance, the employee may, within thirty
(30) calendar days from the date of the incident giving rise to the grievance,
present the grievance in writing to his department head. Failure of the employee to
take this action will constitute termination of the grievance. The department head
shall further review and discuss the grievance with the employee and shall render
its decision and comments, in writing, and return them to the employee within ten
(10) working days after receiving the grievance.
Step Three. Management Representative. If the grievance is not resolved in Step Two,
the employee may within ten (10) working days after receiving the department
head's decision, present the grievance in writing to the designated management
representative for processing. Failure of the employee to take this action will
constitute termination of the grievance. In the event the employee is not being
represented by the Association, the designated management representative shall
attempt to resolve the grievance. If the employee is being represented by the
Association the designated management representative shall convene a joint
meeting of the Association 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 Association, in writing, within ten (10) working days as to its
position on the grievance.
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Steffi 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
Human Resources 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. The Human Resources Director shall request from the State Mediation
and Conciliation Service, or mutually agreed upon alternative organization, a fist 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.
Steyr 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 XXIII
Section 1. Substance Abuse Policy. The City of Downey and the Association have a
vital interest in maintaining safe, healthful and efficient working conditions. Being under the
influence of a drug or alcohol on the job may pose serious safety and health risks not only to the
user but to co-workers andthecitizens of Downey. The possession, use or sale of an illegal
drug or of alcohol on the job also poses unacceptable risks for safe, healthful and efficient
operations. "On the job" means while on City premises, at work locations, or while on duty or
being compensated on an "on call status."
The City of Downey and the Association recognize that their future is dependent on the
physical and psychological well-being of all employees. The City and the Association mutually
acknowledge that a drug and alcohol -free work environment benefits Downey's employees and
citizens.
The purpose of this section is to define the City's drug and alcohol policy as well as the
possible consequences of policy violation.
A. Possession, sale, use or being under the influence of drugs or alcohol while on the
job is strictly prohibited. This prohibition shall not apply to legitimate undercover activities of
Police Officers which are undertaken in accordance with the direction of the Police Department.
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B. When reasonable suspicion exists, the City may require an employee to submit to`a
medical examination, including, but not limited to, a substance screening. Substance screening
means the testing of urine or other body fluids as reasonably deemed necessary by a physician
to determine whether an employee has a restricted substance in their system.
1. Reasonable suspicion is cause based upon objective facts sufficient to lead a
reasonably prudent supervisor to suspect that an employee is under the
influence of drugs or alcohol so that the employee's ability to perform the
functions of the job is impaired or so that the employee's ability to perform his/her
job safely is reduced.
2. Post -accident testing under this Article shall be conducted based on reasonable
suspicion as defined in this Section and shall not be automatic, unless as
required by law per Department of Transportation (DOT) Federal Motor Carrier
Safety Administration Regulations (FMCSA) (refer to City of Downey Controlled
Substance and Alcohol Misuse Policy and Procedures Manual).
C. Any manager or supervisor requesting an employee to submit to a substance
screening shall document in writing the facts constituting reasonable suspicion and shall give
the employee a copy. The employee shall be given an opportunity to provide additional facts. An
employee who is then ordered to submit to a substance abuse screening may request to be
represented. Because time is of the essence in substance screening, a representative must be
available within a reasonable time or the employee will then be ordered to submit to substance
screening. An employee who refuses to submit to a substance screening may be considered
insubordinate and shall be subject to disciplinary action up to and including termination.
D. The supervisor, or designee, shall transport the suspected employee to the testing
facility. Testing shall occur on City time and be paid for by the City. Employee urine samples, or
other body fluids, will be by a certified system which includes methods or mechanisms designed
to assure the integrity of the sample. The facility used for testing shall be certified by the
Substance Abuse and Mental Health Services Administration of the Department of Health and
Human Services and comply with established guidelines for "chain of custody" to insure that
identity and integrity of the sample is preserved throughout the collecting, shipping, testing and
storage process.
E. Any positive test for alcohol or drugs will be confirmed by a scientifically sound
method. An employee who tests positive on a confirmatory test will be given the opportunity to
discuss the results with a physician to be designated by the City. The employee should be
prepared at that time to show proof of any valid medical prescription for any detected substance
or to otherwise explain, if he so chooses, a positive test result.
F. While use of medically prescribed medications and drugs is not per se a violation of
this policy, this policy shall establish that no employee shall operate a City vehicle or dangerous
machinery or equipment while taking any kind of medication or drugs which are clearly marked
that they may cause significant drowsiness or impair an employee's performance. An employee
shall notify his/her supervisor, before beginning work, when taking such medications or drugs. In
the event there is -a question regarding an employee's ability to safely and effectively perform
assigned duties while using such medications or drugs; clearance from a physician designated
by the City may be required. The City reserves the right to send an employee home on sick
leave under this circumstance.
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G. Employees with substance abuse problems are encouraged to participate voluntarily
in the City -sponsored Employee Assistance Program (EAP). Assistance through the EAP may
be sought by an employee with complete confidentiality and without adverse consequences to
his/her employment. Employees should be aware, however, that a request for assistance
through the EAP will not insulate the employee from disciplinary action already contemplated.
Depending upon the facts surrounding the reasonable suspicion determination, positive test
result, and/or other violation of this policy or other City/department rules and regulations, the
City may refer an employee to the EAP. Such referral could, at the discretion of the City, be
made available to the employee as an alternative to disciplinary action. Referral would be
subject to agreement by the employee to enroll, participate in and successfully complete
rehabilitation and/or counseling program and other terms and conditions in a "Last Chance
Agreement."
1. It is the City's intent to use the EAP option for first offenders except the City
reserves the right to discipline for those offenses which are a significant violation
of City/department rules and regulations or where violation did or could have
resulted in serious injury or property damage.
H. Department of Transportation (DOT) Controlled Substance and Alcohol Testing
Program
1. Administration. In accordance with City of Downey Resolution No. 5934, policy
and procedures for compliance with the Federal Motor Carrier Safety
Administration (FMCSA) Regulations (49 CFR Parts 40 and 382) shall remain in
effect_ for those employees who are required to possess and maintain a
commercial driver's license as a condition of employment for the performance of
safety sensitive duties. This program is documented in the City of Downey
Controlled Substance and Alcohol Misuse Policy and Procedures Manual which
is incorporated by reference in this Agreement. 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 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.
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The cost of a split specimen under a random test shall be paid by the City or reimbursed
to the employee on a negative result only. The cost of a controlled substance and/or alcohol test
under follow-up testing is the responsibility of the employee.
Section 2. Lateral Transfer and Promotional Recruitment.
A. Announcement of Vacant Position. Prior to the initiation of an open -competitive or
closed promotional examination to fill a vacant position, notice of the vacancy shall be posted
for a period of five (5) working days at the worksite of all employees in thesameclassification
who potentially may be interested in a lateral transfer. The announcement shall specify the
position title, the nature of the work to be performed, the name of the official to contact to
express interest, and the final filing date.
1. ADolication for Transfer. Employees interested in making lateral transfer into a
vacant position within their classification shall express their interest in writing to
the official indicated in the announcement prior to the end of the work shift on the
final filing date.
2. Examination .for Transfer.: All employees who have expressed an interest in a
lateral transfer shall be given due consideration by the official responsible for
filling the vacancy by virtue of a personal interview or other examination deemed
appropriate by the department head and the Human Resources Director.
3. Selection for Transfer. Among the factors to be considered by management in
the selection of employees for lateral transfers are seniority, skills, knowledge,
abilities, work record and job performance.
B. Closed Promotional Recruitment. If there are three (3) or more regular full-time
employees assessed as meeting the qualifications for the position and who have expressed
interest in writing to fill an authorized vacancy in the capacity of Lead Worker or a higher paid
position represented by the Association, the City agrees to conduct a closed promotional
recruitment. Written interest must be provided in the same manner as specified in A above
within an announced five (5) working day period. if there are less than three (3) qualified internal
applicants per vacant position, the City will proceed to conduct an open/competitive recruitment.
C. Water Operator Il Closed Promotional Recruitment. If there are two (2) or more
regular full-time employees assessed as meeting the qualifications for the position and who
have expressed interest in writing to fill an authorized vacancy in the capacity of the Water
Operator II position represented by the Association, the City agrees to conduct a closed
promotional recruitment. Written interest must be provided in the same manner as specified in A
above within an announced five (5) working day period. If there are less than two (2) qualified
internal: applicants per vacant position, the City will proceed to conduct an open competitive
recruitment.
Section 3. Labor -Management Committee. Representatives of the Association and
management shall meet on a quarterly basis for purposes of improving communication and
resolving labor relations matters. Agendas shall be agreed upon in advance, with both parties
having equal opportunity to submit items. Any matter agreed upon by both parties may be
discussed; but discussion does not constitute waiver of access to the grievance process.
Chairmanship of the committee shall be alternated among the parties.
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1. The City agrees to form an ongoing Safety Committee to target goals for
injury/illness review and prevention, development of safety procedures, and job-
related safety training.
2. During the term of this Agreement, the City agrees to discuss the Association on
the following items`
a. The feasibility of implementing a "4/10" work schedule. The results of the
Committee work may be included in the negotiations for a successor
Memorandum of Understanding.
b. A standby policy and procedure that first considers volunteers before standby
duty is assigned by seniority.
c. A procedure for employees in the Utilities Division to accurately track hours
worked as required for water/sewer and distribution certifications.
d. Removal of the blanket Class A license requirement and base requirements
on the sorts of vehicles a job class may be required to drive.
3. The Labor -Management Committee shall be comprised of at least two (2)
Association members from the Utilities Division, two (2) members from the
Maintenance Services Division, and at least three (3) supervisor/management
representatives.
Section 4. Leave Entitlement. The City will comply with State and Federal laws with
regard to family leave. The City has issued Administrative Regulation 430 to implement
compliance and by reference becomes part of this Agreement.
Section 5. Court Referrals. The City will assign referrals to help Cityemployees with
their routine job assignments. A Public Works Supervisor will assign court referrals as best suits
the City and the abilities of the court referral The supervisor will provide assignments and any
necessary guidelines to City employees who are assigned a court referral.
City employees who are assigned court referrals will follow the supervisor's guidelines.
City employees may be required to provide instructions to the court referrals in order to
implement the supervisor's assignments. At the end of the work day, the City employees will
report to the supervisor the work completed by the court referrals.
Court referrals are to be treated with respect, but any court referral that is threatening,
disruptive, or refuses to work should bereturnedto the yard and sent home. Court referrals
should wear orange mesh shirts over their regular clothes. Court referrals may not operate City
vehicles or motorized equipment.
Records will be kept of the hours worked by court referrals and will be forwarded to the
Downey Municipal Court on a regular basis. The Division will maintain these records.
Section 6. American with Disabilities Act. The City shall comply with the Americans
with Disabilities Act (ADA).
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Section 7. Entry Level Classification. The City agrees to review and discuss with
Public Works management the implementation of an entry level classification which meets the
operational needs of the Utilities Division. This provision does not constitute a waiver of
management's right to create classifications.
ARTICLE XXIV
Section 1. The City and the Association agree to reopen discussion during the 2017-18
Fiscal Year regarding changes to the City's Cafeteria Plan to ensure compliance with legal
requirements.
Section 1. It the intent of the parties hereto that the provisions of this Memorandum of
Understanding shall supersede all prior Agreements and Memoranda of Understanding, or
Memorandums of Agreement, or contrary salary and/or personnel resolutions and ordinances of
the City, oral or written, expressed or implied, agreements between the parties or
understandings between the parties, and shall govern their entire relationship and shall be the
sole source of any and all rights which may be asserted hereunder. This Memorandum of
Understanding is not intended to conflict with Federal or State law.
Section 2. Notwithstanding the provisions of Section 1 -above, there existswithin 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.
During the term of this Memorandum of Understanding, 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 Memorandum 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 Memorandum.
Regardless of the waiver contained in this Article, the parties may, however, by mutual
agreement, in writing, agree to meet and confer about any matter during the term of this
Memorandum.
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ARTICLE XXVII
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 Memorandum of Understanding 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 Memorandum of Understanding and any Personnel Rules and policies.
ARTICLE XXVII
SEPARABILITY
Should any provision of this Memorandum of Understanding be found to be inoperative,
void, or invalid by a court of competent jurisdiction, all other provisions of this Memorandum of
Understanding shall remain in full force and effect for the duration of this Memorandum of
Understanding.
ARTICLE XXIX
The term of this Memorandum of Understanding shall commence on April 1, 2018 and
shall continue in full force and effect until March 31, 2021.
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i r i
The City and the Association acknowledge that this Memorandum of Understanding
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 Memorandum of Understanding is
hereby executed by the authorized representatives of the City and the Association and entered
into this 24th day of April, 2018.
• ri
By:
John Oskoui, Assistant City Manager
By:
Shane Ellison, President
By: By:
Irma Youssefieh, Human Resources Director John Arens, Vice President
By:
Kenny Soto, Secretary
By:
Chris Mataalii, Treasurer
APPROVED AS TO R
7
Y tte M. Abich Garcia, City Attorney
42
H/PSNL/LABOR/DCEA-MAINT.MOU.2018-2021.04.24.2018
ASSOCIATION
Equipment Maintenance Lead Worker
Maintenance Worker I
Maintenance Worker 11
Maintenance Worker III
Maintenance Lead Worker
Mechanic
Residential Rehabilitation Worker 11
Residential Rehabilitation Lead Worker
Transit Driver
Transit Driver/Dispatcher
Tree Trimmer
Tree Trimmer Lead Worker
Water System Lead Worker
Water System Operator 11
Water System Operator III
43
H/PS N L/LABOR/DCEA-MAI NT. MOU.2018-2021.04.24.2018
44
H/PSN L/LABOR/DC EA -MAI NT. MO U, 2018-2021.04.24.2018
saffimmNERA4
45