HomeMy WebLinkAboutResolution No. 18-7798-Adopting MOU w-DCEA Miscellaneous UnitI *Y•7ItI1041
RESOLUTION OF i OF DOWNEY ADOPTING
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY
AND THE DOWNEY CITY EMPLOYEES'i •MISCELLANEOUS
WHEREAS, the City of Downey, hereinafter referred to as "City," and the Downey City
Employees' Association — Miscellaneous Unit hereinafter referred to as "DCEA — Miscellaneous
Unit" have met and conferred in accordance with the requirements of the Meyers -M i I ias- Brown
Act and Employee Relations Ordinance 1118; and
WHEREAS, the City and the DCEA — Miscellaneous Unit have memorialized the
Agreement in a written Memorandum of Understanding.
RESOLVENOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY • •
SECTION 1. The Memorandum of Understanding between the City and the DCEA
Miscellaneous Unit, attached hereto, is hereby approved in substantially the form thereof
together with any additions thereto or changes therein deemed necessary or advisable by the
City Manager.
SECTION 2. The Director of Human Resources is authorized to sign the Memorandum
of Understanding.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 24th day of April, 2018.
zl�- Z�e
SEAN ASHTON, Mayor
ATTEST:
MARk ALICIA DUARTE, C
City Clerk
1 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: Pacheco, Saab, Vasquez, Rodriguez, Mayor Ashton
NOES:
Council Member: None.
ABSENT:
Council Member: None.
ABSTAIN:
Council Member: None.
MARIX ALICIA DUARTE, WC
City Clerk
• � i
THE DOWNEY CITY • • •
MISCELLAVEOUS-WAIT--
Table of Contents
ARTICLEI................................................................................................................. .,.,....,.....
1
RECOGNITION.......................................................................................... ......... .............n,,
1
ARTICLE II............................................................................................................. :.. ,...,,.::..,....
1
NON-DISCRIMINATION.............................................:......................................_..........
1
ARTICLEIII..................___......____.........__•......__...... _........ _.......................... ....,.;....,,............
2
BASIC COMPENSATION PLAN .......__...............................................- ...,......_.,............
2
Section1. Salary Increases........................................................................... ,.;..,.,....,,.,.,,.
2
Section 2. The Plan of Salary Schedules ........................_._ _...___...._ ..._..........................
2
Section 3.- Eligibility for Merit Salary Advancement................................. .........................
2
Section 4. Salary Schedule Step Reduction .. ....._... _............................ ......n................,,
3
Section 5. Longevity Pay ........................................................................
3
Section 6. Eligibility for Promotion Increases.................................._...._.. ........................
4
Section7. Acting Pay............................................................................. -..— ......
4
Section 8. Out-Of-Class Pay................................................................... .......M: ..R,..,:.,..,.
4
Section 9. Bilingual Pay...................................................................... ......... ...
4
Section 10, Supervising Librarian Assignment Pay (Supervisory Premium) o.,,......,..o........
5
Section 11. Water System Operator Certificate Pay ....................___........ ........, ..,.........,..,
5
Section 12. Hazardous Material/Fire Inspector........ ........................... ........e ..,,.., ;,...,,.
6
Section 13. Fire Mechanic Pay (Education Incentive).................................... ...............:
6
Section 14. Pesticide Applicator's License Pay ................................................ ....... ,......d;
6
Section 15. Commercial Licensed Driver Pay .............................................
6
Section 16. Safety Shoe Allowance.............._........._........__ ...........__..... .....,.;..,.,.......,..,
6
Section 17. Calculating the Value of Special Compensation ....................... ,....<.a ,.,.d......,..:.
7
Section18. Uniforms.............................................................................. ........<. ,.,,,..........
7
ARTICLEIV. ...._..................................................................................... ..............W.,........
8
WORKWEEK......... ........, ..................................................................... .........
8
Section1. Work Week ................................................................................ , ,,::.. ,...,.;:..,...a
8
Section 2. 4/10 Work Schedule ............................ ........................... ........ a .,....,:........
8
Section 3. Voluntary Reduction of Full Time Hours .. ........................... ................:......::
8
ARTICLEV...........................................................................................................
OVERTIME...:.......................:..................................
9
Section 1. Compensation for Overtime ............................._........................:..,..,.:;.......
9
Section 2. No Pyramiding ._...._._ _._._._..._...... ..........................................................—
9
Section 3. Discouragement of Overtime ......................................___... ....,.... ,.,....,,,m.,,,.
9
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Section 4. When Absent From Duty ... ................................._......,.::..,.........,,.,, .,.......
ARTICLEVI........................................................................................................
..................1 }'
COMPENSATION FOR SPECIAL CALL-BACK DUTY ..........................
.. ........ ..................1
ARTICLEVII ..................................................... ,----.....................-.....,...............,,.,.....,..1
0'
HOLIDAYS........................................................................................
,.............. ...,........,....1f1
ARTICLEVIII ....................................._._ .........___ ------ ......... ......_......,..::
,.,,,.,;:., ..............11
VACATION...._.................................................................................
11
Section1. Accruals ....................................................................
...................... .......11
Section 2. Accrual Limits..............................................................
......:.......,.......,.4..,..,.,11
Section 3. Vacation Approval _........................................ ..__....
.,....., ........ ................12<
Section 4. Vacation Pay -out .... .................., ........................__.
.......: .,...... ....,.., ....,.,.'12r
Section 5. Accrual Calculation ._...._._.._._._....................._..............,.....
_..... , ....,., ,..,,...12
ARTICLEIX..........................................................................................,......;....,........,,...12'
NON -PAID LEAVE OF ABSENCE.................................................
.................................12
Section 1. Leave of Absence...........................................................
........:........e......,,1
Section 2. Written Notice of Intent to Return ........................................
....,,,.....,.............. 12
Section 3. Outside Employment While On Leave ...................................
....... .................12'
ARTICLEX .................................................................................
.......... .. .
SICKLEAVE................_........_...__._._...._._..............._...._._..............
13
Section 1. Sick Leave Accruals ......................................................
,...... ...,...... ____ ,,,.,.,..13
Section 2. Use of Protected Sick Leave ......................................
...... __.....................,.13
Section 3. Accrued Sick Leave Benefit ......................................
............. ..:..................14`
Section4. fitness for Duty ................ ....................................................:..,.....;..,....,14'
ARTICLEXI ...................._._......._._....._...._......_...._......_........_......_._.
....,,,,.., ........, ..,.,...,.,.....14
OTHER USES OF SICK LEAVE :..........................................__.
..,.,.,:. ,..,...;:,, ...,.......,,..14'
Section 1. Sick Leave Conversion on Retirement or Death........
.......:........................14
Section 2. Sick Leave Conversion to Vacation ................................... .,, .,..........,.....15
Section 3. Bereavement Leave ......................................................
......c:.....m.b.-..,,.,,..15
Section4. Personal Leave............................................_--.........,.......
.........._,..........,....,1
Section 5. Employee Disability Leave Benefit ................................ .. ........ ........11
ARTICLEXII.................................._...._...._........_...._._...._..............._....
..,.,.....,...,.; ,,,.....1'
OTHERLEAVES........................ ........ ......... ........__...... ...... _............... ....:.,.....,.17
Section 1. Workers' Compensation Injury On Duty (IOD) Leave....................................17`
Section 2. Military Leave....................................................................
.......... ......: ........17'
Section3. Jury Duty ........................................................ ..................:..ro
,.,.:.......;.......,.17`
Section 4.Pregnancy Disability Leave ......... .........__......_ .._.---.......,.....,,...,. ; ..,,..,:.,,......1 °''
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Section5. Family Leave ........................................................................................17
Section 6. "Child-Related Activities" Leave............................................................
a,.......... 18
Section 7. Consultation of Human Resources.................... .__........_.........._..........,.....-18
ARTICLEXIII ..... ......... ......................................................................................................18
FRINGE BENEFIT ADMINISTRATION ..__................................................................___.18
Section1. Administration ...............____. __._._..........., ...................................:..............18
Section 2. Selection and Funding.............................................__ __.....__ _____....
18
Section3. Changes.................................................. _..........._................................,.....18
ARTICLEXIV..:.......................................................................................................................19
HEALTH, DENTAL AND OTHER COVERAGE........................................... ____............,;,.....19
Section 1. Medical Insurance ...................................................................................
_19
Section 2. Dental Insurance .._._..........__ _........-_................ ................., ........,
....... ....... 21
Section 3. Life Insurance......................__..........._....._................ ........, ..............,........21
Section 4. Long Term Disability Insurance...............................................................
__...... 21
Section 5. Employee Assistance Program (EAP).............._ _......_. .....................,.........
.21
ARTICLEXV.............................................................................................................,
.,.........22
RETIREMENT...........................................................................................................
.....,,..;.22
Section 1. CaIPERS Retirement Plan ........................................................................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._...................._.................................................,,......23
Section 6. City Contribution to Retiree Retirement Health Savings (RHS) Plan ................23
ARTICLEXVI........................................................................................................................25
TUITION REIMBURSEMENT..........................................................................._._........,
.... _25
ARTICLEXVII.............................................................................................................,.........25
PROBATIONARY PERIOD . __......_ .....___....__........_...................................................:.......25
Section1. Appointment............ ......... ..................................,..........................:.__25
Section 2. Status of Probation.................................. ......... ......... _._.........._..........,..__26
Section 3. End of Probation..................................._........... .._._............, ........................26
Section 4. Rejection Following Promotion ............................................................Aa.....26
ARTICLEXVIII ..................................................................................................................
,.,.,,..26
SENIORITY...................._........... ................., ..................................................
.,....,...26
Section1. Definition....................................._._._...._....._..._...................................;.......26
Section2. Layoffs ....................................................................................................
. ..,....26
Section 3. Loss of Seniority Rights....................................................................
..............27
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Section 4.Re-Employment List----_----_----__------------..27
` Section 5.Layoff Notice and Severance Pay .....................................................................
27
. � ARTICLE XIX ....................................... I.....................................................................................
27
CITYRIGHTS .......................................................................................................................
27�
ARTICLEXX.............................................................................................................................
28'
EMPLOYEE ORGANIZATION RIGHTS AND RESPONSIBILITIES ......................................
29
Section 1.Agency Shop Agreement ..................................................................................
29
Section 2. Dues Deductions ..............................................................................................
32
Section 3.Release Time for Meet and Confer ...................................................................
32
Section 4.Maintenance gfMembership .............................................................................
32
Section 5.Indemnification .................................................................................................
32
ARTICLEXX|............................................................................................................................
33
NOSTRIKE -MOLOCKOUT ................................................................................................
33
ARTICLEXX||...........................................................................................................................
33
GRIEVANCE PROCEDURE .................................................................................................
33
Section1.Grievance .........................................................................................................
33
Section 2. Conduct ofthe Grievance Procedure ................................................................
34
Section 3. Grievance Procedure Steps ..............................................................................
34
z- ^ARTICLE XX|U..........................................................................................................................
35
MISCELLANEOUS....................................... ........................................................................
35
^
Section 1. Substance Abuse Policy ...................................................................................
35
Section 2. Department of Transportation (DOT) Controlled Substance |and Alcohol Testing
Program............................................................................................................................
37
Section 3.Labor-Management Committee ........................................................................
38
Section 4.Transfer Rights .----'..''--'.........'.........'.--........'.....'...-'...—.'...-'....38
Section 5.Rest Periods/Breaks .........................................................................................
30
Section 6. State Disability Insurance .................................................................................
38
ART|CLE}CXIV .----------------------------------------.38
SOLE AND ENTIRE MEMORANDUM [>FUNDERSTANDING .............................................
3S
ARTICLEXX\/...........................................................................................................................
39
WAIVER OFBARGAINING DURING TERM OFTHIS AGREEMENT ...................................
3G
ARTICLEXXVI ~` -_—..''—.''.'--'.—.._..''-'-'.—'.'`--..''---_.—....—....'.----4O
RE-OPENER .=='--------------^----------------------_.
40
/\RT|CLEXXV|L---------------------------------------..
40
EMERGENCY WAIVER PROVISION ...................................................................................
4O
ARTICLEXXV|U........................................................................................................................
4O
-'
SEPARABILITY.....................................................................................................................
4O
iv
��� °^
ARTICLEXXIX.......................................................................................................................... 40
TERM OF THIS MEMORANDUM OF UNDERSTANDING.................................................... 40
ARTICLEXXX...........................................................................................................................41
RATIFICATION AND EXECUTION.......................................................................................41
EXHIBITA......_.._..._......................_._, .... ........._............_................................................,42
CLASSIFICATIONS REPRESENTED BY THE DOWNEY CITY EMPLOYEES ASSOCIATION
- MISCELLANEOUS UNIT................................ .,... ...:....... ......... ... ......__..... .............42
EXHIBITB .....•.................._....._........................
JOB FAMILIES ............ ......... ................:: ........ ........... 9 ....,..r ......44
EXHIBITC............................................._._............ ..............._.. ......,,........ .............................. 48
PAY SCHEDULE EFFECTIVE MAY 7, 2018..... ........:.................. ........ .:. ...............48
PAY SCHEDULE EFFECTIVE MARCH 25,2019._.___.___ ........ ........... ......... _ .... _„47
PAY SCHEDULE EFFECTIVE MARCH 23, 2020. ..4
EXHIBITD......................................................... .....,.:......._,_..... ,.........._............, ,.._..49
DESIGNATED ONE-TIME AD HOC LUMP SUM PAYMENT., .A9
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MEMORANDUM OF UNDERSTANDING
THE CITY OF DOWNEY AND
THE DOWNEY CITY EMPLOYEEVASSOCIATIONMISCELLANEOUS
goisiel k, I i•
Pursuant to the provisions of the Employee Relations Ordinance of the City of Downey,
the City of Downey (hereinafter called the "City") has recognized the Downey City Employees'
Association (hereinafter called the "Association") as the recognized majority representative of all
full-time employees and one "grandfathered" part-time employee (who worked an average of 30
hours per week for a period of time) covered in a classification listed on Exhibit A. The City has
recognized the Association for the purpose of meeting its obligations under the Meyers-Milias-
Brown Act, Government Code Section 3500 etc. seq. and the Employee Relations Ordinance of
the City when City rules, regulations or laws affecting wages, hours or other terms and
conditions of employment are amended or changed.
NON-DISCRIMINATION
Section 1. The parties mutually recognize and agree to protect the rights of all
employees hereby to join and/or participate in protected Association activities or to refrain from
joining or participating in protected activities in accordance with the Employee Relations
Ordinance and Government Code Sections 3500 and 3511.
Section 2. The City and the Association agree that they shall not discriminate against
any employee because of race, color, sex, marital status, age, national origin, political or
religious opinions or affiliations. The City and the Association shall reopen any provision of this
Agreement for the purpose of complying with any final order of a federal or state agency or court
of competent jurisdiction requiring a modification or change in any provision or provisions of this
Agreement in compliance with state or federal anti -discrimination laws.
Section 3. Whenever the masculine gender is used in this Agreement, it shall be
understood to include the feminine gender.
Section 4. The City and the Association agree to comply with applicable federal and
state laws and regulations regarding the employment of the disabled.
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H/PSNL/LABOR/DCEA-MISC. MOU.2018-2021.04-24-18
LT: OOTF2 Tfl
0 1
Section 1. Salary Increases.
A. Employees in classifications covered by this Memorandum of Understanding as
referenced in Exhibit A shall receive the following 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. The City and the Association agree that the City shall make a one-time ad
hoc lump sum amount payment to employees listed in Exhibit D. The City and
the Association agree that the employee's eligibility to receive the designated
one-time ad hoc lump sum payment is that he must be actively employed by
the City on April 24, 2018 (date of Council adoption of this Memorandum of
Understanding). The payment shall be made to each employee by the City
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].
Section2. The Plan of Salary Schedules.
A. ;Description of Schedules. The pay plan consists of a set of monthly/hourly pay
schedules. Each schedule is designated by a schedule number. Each schedule consists of five
(5) steps of monthly/hourly compensation, each of which is designated by a step letter.
B. Hourly Equivalent Calculation. For payroll purposes, the hourly equivalent of a
monthly rate shall be computed by dividing the monthly rate by 173.333 hours worked per
month (40 hours per week times 52 weeks in a year divided by 12 months in a year).
A. Eligibility for Salary Step Increases
1. Salary step increases shall be considered on a merit basis only, and then only at
the following times, and in accordance with subsection B below.
2. All full time appointments shall be made at the first step of the salary schedule
assigned that class, unless prior written approval of the City Manager is obtained
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H/ P S N L/ LA B O R/ D C EA -M I S C. M O U .2018-2021, 04-24-18
for appointments ata higher step in the assigned schedule.
3. No salary advancements shall- be made so as to exceed the maximum rate
established in the salary schedule for the class to which the employee's position
is allocated.
1.- Advancement shall not be automatic but, shall be based upon merit, dependent
upon increased service value of an employee to the City as exemplified by
recommendations of his supervisor, length of service, performance record,
special training undertaken, and other objective evidence.
2. Only employees rated as meeting the standard of work performance expected of
City employees shall be qualified to advance to the salary steps B, C,, D and E.
3. If an employee does not receive a merit increase as a result of the performance
evaluation, the employee may appeal through the grievance procedure.
C. Merit Evaluation.
Every employee shall receive an objective, written job performance rating, no
sooner than three (3) weeks before, no later than five (5) working days before the
date of eligibility for each salary step, merit longevity or hourly increase, and
annually thereafter, and upon a change of employment status. Nothing in this
Section shall prohibit the department head or authorized supervisor from giving
an additional objective rating to an employee between those periods of time
described in this Section.
2. It shall be the duty of the department head to delegate the responsibility of every
employee's rating to that level of supervision having immediate knowledge of the
employee's work. An employee shall be rated by his immediate supervisor and
that rating shall be reviewed by the department head.
Section 4. Salary Schedule Step Reduction. Whenever an employee's work
performance falls below the level for which a step increase was granted, an employee's
authorized pay may be reduced to the 'employee's previous step rate under written procedures
established by the City for demotions and reduction in pay.
Section 5. Longevity Pay.
A. Eligibility for Longevity Pay. 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%
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H/PSNL/LABOR/DCEA-MI SC.MOU.2018-2021.04-24-18
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.
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 five hundred
thirty dollars ($530.00) and in 2019 and thereafter, unless otherwise modified via the meet and
confer process, the Merit Longevity Lump Sum Payment value is eight hundred seventy dollars
($870.00).
Section 6. Eligibility for Promotion Increases.
A. Any employee receiving a promotion shall receive a salary increase equivalent to
one pay step (5.5%), or shall be placed on the first step of the salary schedule for the class to
which he is promoted, whichever is greater.
B. Any employee receiving a promotion who would otherwise have been eligible to
receive a merit increase within sixty (60) days of the effective date of such promotion, shall be
granted the merit increase prior to the application of provision A of this Section.
Section 7. Acting Pay. An employee who has been -designated -by the Department
Head or his designee to serve in an acting capacity for sixty (60) consecutive workdays or more
to fill an authorized budgeted position that is temporarily vacant shall receive Step A of the pay
range for the classification or five and one-half percent (5.5%), whichever is greater. An
employee designated to serve in an acting capacity is deemed qualified to perform the full range
of duties and responsibilities required of the position._ Service in an acting capacity shall not be
used as a basis for, or in support of, a request for reclassification.
Section 8. Out -Of -Class Pay. An employee may be assigned by the department head
to serve temporarily in an out -of -class assignment. An out -of -class assignment is distinguished
from an acting designation by the performance of limited duties and responsibilities that are
above an employee's regular job duties. The selection of an employee for an out -of -
classification assignment shall be at the discretion of the Department Head or designee. A
temporary out -of -class pay differential of five and one-half percent (5.5%) shall be authorized
with advance approval by the Department Head when an employee is designated and
scheduled to work in an out -of -class assignment. Paid holidays shall be considered as days
actually worked. Other forms of authorized leave such as sick leave, emergency leave, and
vacation shall not be considered as days actually worked.
Section 9. Bilingual Pay. 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. The
Assistant City Manager has the authority and discretion to assign and/or remove this bonus up
to budget authority. To be eligible for this assignment, the employee must pass a conversational
examination administered by a certified interpreter or an employee who has been certified by
the Human Resources Director to administer such examination.
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Section 10. Supervising Librarian Assignment Pay (Supervisory Premium). The
Department Head shall have the authority and discretion, up to budget authority, to designate
and/or remove any Librarian who is routinely and consistently performing supervisory duties as
a "Supervising Librarian". The Department Head will have the authority to establish job
requirements and duties for "Supervising Librarian". A Librarian designated and assigned as a
"Supervising Librarian" shall receive eight and one-quarter percent (8.25%) of their base hourly
rate of pay while assigned as a Supervising Librarian. The Association and its members
understand, agree, and acknowledge that should a Librarian transfer and discontinue
"supervising that the discontinuance of this assignment pay does not constitute a punitive
action. The City and Association agree that a Librarian who is removed from the supervising
assignment shall be entitled to grieve the removal, but, in no instance shall be allowed to grieve
beyond "Step Three" of the grievance procedure contained in this Memorandum of
Understanding.
Section 11. Water System Operator Certificate Pay. 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 l Pay - An employee who obtains and maintains a valid Distribution
I,_ Treatment I or a California Water Environment Association (CWEA) Collection System
Maintenance I certificate shall be eligible to receive Certificate Pay at the rate of one hundred
and fifteen dollars ($115.00) per month.
B. Certificate Level II Pay An employee who obtains and maintains a valid
Distribution II, Treatment II, or a California Water Environment Association (CWEA) Collection
System Maintenance 11 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 Il 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.
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H/PS N L/LABOR/DCEA-M I SC. MOU.2018-2021.04-24-18
Section 12. Hazardous Material/Fire Inspector. Effective July 2, 2007, the pay range
for the position is to be adjusted and maintained at a minimum of five and one-half percent
(5.5%) above top step of the designated pay range for the position of Fire Engineer (40 -Hour).
In addition to regular compensation, an employee in the position shall be eligible to receive the
following special compensation: Two hundred dollars ($200.00) each year for uniform
purchases and twenty dollars ($20.00) per month for uniform and accessory maintenance and
five and one-half percent (5.5%) above their regular rate of pay for a valid Fire _ Inspector
certification Level i or II.
Section 13. Fire Mechanic Pay (Education Incentive). Effective the pay period that
includes August 28, 2001, the Fire Chief has the authority and discretion to designate and/or
remove any covered employee who has obtained the Fire Mechanic Il certificate from the
California Fire Mechanic Academy, or equivalent, as _a Fire Mechanic II, up to authorized
budget. An employee who is designated Fire Mechanic 11 shall receive five and one-half percent
(5.5%) per pay period as additional compensation above their hourly base rate of pay. In order
to maintain eligibility for Fire Mechanic Pay, employees must satisfactorily completeadditional
training as may be required by the Fire Chief.
Section 14. Pesticide Applicator's License Pay. Effective May 7, 2018, the Director of
Public Works shall have the authority and discretion to provide and/or eliminate Pesticide
Applicator's License Pay to the Public Works Supervisor assigned to the landscape/irrigation
section up to budget authority. The employee who is so assigned and qualified shall receive
Pesticide Applicator's License Pay of one hundred dollars ($100.00) per month above his
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.
Section 15. Commercial Licensed Driver Pay. Effective May 7, 2018, an employee in
the classification of Public Works Supervisor or Assistant Superintendent 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
It 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 16. Safety Shoe Allowance. Effective May 7, 2018, those employees who are
required or may on an occasional basis be required to wear foot protection due to the duties or
assignment of his position, shall be reimbursed based on Department Head approval for the
purchase of approved safety shoes only up to an annual budget limit of two hundred dollars
($200.00). Any unused amount in one fiscal year shall not be carried over to the next fiscal year.
Such reimbursement shall be made upon presentation by the employee of an itemized receipt
describing the safety shoe purchased.
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Section 17. _ Calculatingthe 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) Supervising Librarian Pay (Supervisory Premium); (3) Fire Mechanic 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 itemssubject 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 fora Librarian who works eighty (80) hours in
two week pay period is as follows:
Employee Base Hourly Rate $ 34.1997 Reportable Earnings @ 80 Hours $2,735.98
1. Longevity Pay (8.4020%) Spec Comp Earnings $ 229.88
2. Supervising Librarian Pay (8.25 %) Spec Comp Earnings $ 244.68
(Supervisory Premium)
Section 18. Uniforms. Departments have established uniform standards for designated
classifications that are required to wear uniforms in the performance of essential job duties.
Upon employment, the City shall provide each employee in a classification that is required to
wear a uniform (shirt, skirt, jacket, or trouser) and other uniform gear as required by
departmental guidelines. Thereafter, uniforms shall be replaced on an as needed basis as
determined by each of the departments.
A. The monetary value for the purchase and/or rental and maintenance of uniforms
through City -contracted uniform providers is reportable to CaIPERS 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. The parties agree that effective July 1, 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(x)(5) of the CalPERS 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 fiscal years: FY 2014-2015, FY2015-
2016, and FY 2016-2017, and shall not exceed five hundred dollars ($500.00). The annual
amount shall be reported on a per bi-weekly pay period basis.
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Section 1. Work Week. The regular work week for all employees covered by this
Agreement shall be forty (40) hours per week within a designated seven day work period.
A. 9180 Work Schedule. The work schedule provides eighty (80) hours of scheduled
work in a two-week pay period: In one week the employee works four nine -hour days and one
eight-hour day; in the other week, the employee works four nine -hour days with one day off. In
this work schedule, the eight-hour work day and the day off is the same day of the week which
normally is a Friday or a Monday. The work week for Federal Labor Standards Act (FLSA)
overtime purposes shall be established as starting four hours into the shift of the eight-hour
work day. Management shall maintain the right to schedule employee's workdays, start and end
times, establishing FLEA work weeks, etc.
B. Employees with hardships may request to their department head to stay on the five
eight-hour work days per week schedule. If the request is denied, the Association and _ City
agree that the only appeal shall be to the Assistant City Manager. The decision of the Assistant
City Manager shall be final with no further appeal.
C. Management shall retain the right to modify the work schedule, including but not
limited to, returning to a schedule of five eight-hour work days per week (40 hours per week);
provided that the City provides written notice to the Association and employees at least twelve
(12) weeks prior to implementing the change.
A. Subject to advance approval by the City Manager, only certain classifications in the
Police Department may be permitted to work a 4/10 work schedule.
1. The 4/10 work schedule consists of four (4) work days of ten (10) hour shifts,
excluding a one hour meal period per shift, within a seven (7) daywork period for
a total of forty (40) hours worked in the designated work week.
A. A department head may grant a request from a full time employee to reduce their
work hours below forty (40) hours in a "work week." Employees may request reductions of up to,
but not to exceed sixteen (16) hours in a two-week pay period. This Section shall not apply to
employees who request reductions of more than sixteen (16) hours in a two-week pay period.
B. Employees who participate in this voluntary program shall maintain their status of
"full time" with all the normal rights and privileges that status holds unless specifically altered by
this Section.
C. Employees who are granted a reduction shall have salary reduced in proportion to
the reduced hours or shall be paid for the actual hours worked.
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D. The City shall continue contributions to medical benefits as outlined in this
Memorandum of Understanding.
E. Leave time benefits such as vacation, sick leave, and holidays shall be reduced in
proportion to the hours worked.
F. All approved programs shall begin on the first Monday in the month that begins a
two-week pay period. Employees approved for this program shall be required to remain on the
reduced work schedule for at least two full pay periods. Employees shall only make two
requests/changes per fiscal year.
G. Nothing in this Section shall diminish management rights to scheduleworking hours,
starting times, the number of hours worked, nor right to refuse requests, nor other rights as
previously reserved.
No
Section 1. Compensation for Overtime. All approved overtime worked by an employee
in excess of forty (40) in the employee's work week shall be paid at the rate of one and one-half
(1,5) the employee's regular hourly rate of pay. Overtime may be compensated in compensatory
time off or money. Employees who are assigned to work overtime shall have the right to be paid
money, unless the form of compensation has been discussed in advance. Management may
inform employees prior to the performance of the work that only compensatory time is available.
In this instance, employees shall have the right to refuse the overtime assignment.
Section 2. No Pyramiding. There shall be no "pyramiding" of overtime, which means
that employees shall not be compensated more than once for the same hours under any
provision of this Agreement.
Section 3. Discouragement of Overtime. It is the policy of the City that overtime work
is to be discouraged. However, in cases of emergency or whenever public interests or necessity
requires, any department or division head may require any employee in such department or
division to perform overtime work. The projects and types of work for which overtime may be
authorized shall be approved in advance by the City Manager, except in the event of
emergency, overtime is authorized by the department head or his designate.
Section 4. When Absent From Duty. In the event an employee is absent from duty
whether for vacation, compensatory time, or sick leave for a period exceeding five (5) work
days, overtime during that work cycle will not be paid.
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Section 1. Employees covered by this Agreement who are "called back" to perform work
outside of their regular work schedule as Special Call -Back Pay shall be guaranteed three (3)
hours of pay or pay at the rate of one and one-half (1:5) the regular rate of pay for actual hours
worked, whichever is greater. Special Call Back duty shall be granted following an order by the
immediate supervisor for an employee to report back for work in the event of a staffing
emergency or other immediate operational need. Special Call -Back duty requires the employee
to return to work after completing their regular work shift after he has left City premises and/or
the employee's work location. In accordance with FLSA, actual hours worked shall be counted
toward the computation of overtime pay. Those periods of overtime which had been scheduled
by the immediate supervisor or department head prior to the end of the regular work shift shall
not be considered Special Call -Back duty subject to the compensation provisions of this Article.
�m
�r r
Section 1. Effective February 10, 2009, employees covered by this Agreement shall be
compensated for the employee's regularly scheduled work shift by receiving holiday pay for the
following City recognized holidays:
1.- New Year's Day
2. Martin Luther King's Birthday
3. Washington's Birthday (President's Day)
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veteran's Day
8. Thanksgiving Day_
9. Day after Thanksgiving
10. Day before Christmas
11. Christmas Day
When a holiday falls on a weekday that is an employee's regular day off, the employee
shall receive eight (8) hours of compensatory time at straight time.
Section 2. When a holiday falls on a Saturday, the Friday preceding will be observed as
the holiday. When a holiday falls on a Sunday, the following Monday shall be observed as the
holiday. When Christmas Day falls on a Saturday, the day before Christmas shall be observed
on the previous Thursday. When Christmas Day falls on a Monday, the day before Christmas
shall be observed on the previous Friday.
Section 3. When an employee works on a holiday, the employee shall receive holiday
pay at eight (8) hours of straight time pay at the regular rate of pay together with pay for each
hour worked on the holiday.
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Section 4. Should one of the holidays listed above fall during the employee's vacation
period, the employee shall receive holiday pay and no _ charge shall be made against the
employee's accumulated vacation.
Section 5. The grandfathered part-time employee who is employed in a classification
listed in Exhibit A and has been employed by the City for more than three years while enrolled in
the California Public Employee's Retirement System, and was previously scheduled to work
over thirty (30) hours per week on a regular and consistent basis, shall continue to receive
seventy-five percent (75%) of this leave benefit (6 hours per holiday). Effective July 1, 2013, the
grandfathered part-time employee is no longer working a thirty (30) hour work week and is held
to work less than thirty (30) hours per week as other temporary/part-time employees in the City.
•
Section 1. Accruals. Full-time employees covered by this Agreement shall accrue paid
vacation leave on the following scheduled basis:
Year of Service
0-3
4-5
6-10
11-15
16+
Hours Per Year
80
96
120
136
160
to thIv Accrual
6.7 Hrs.
8.0 Hrs.
10.0 Hrs.
11.3 Hrs.
13.4 Hrs.
The grandfathered part-time employee who met the criteria set forth in Article VII.
Section 5 above, shall accrue paid vacation leave on the following scheduled basis:
Year of Service
0-3
4-5
6-10
11-15
16+
Hours Per Year
60
72
90
102
120
Monthly Accrual
5.0 Hrs.
6.0 Hrs.
7.5 Hrs.
8.5 Hrs.
10.0 Hrs.
Section 2. Accrual Limits._ Vacation shall be taken at the convenience of the City with
the approval of the department head. Where possible, such vacation should be taken annually
and not accumulated from year to year. All eligible employees, however, shall only be allowed to
accumulate vacation in an amount equal to two times their annual accrual rate ("Maximum
Accrual"). Once Maximum Accrual is reached, it is intended that employees not be entitled to
accrue additional vacation until the amount of accumulated vacation is reduced to a level below
Maximum Accrual. If the employee is prohibited by the supervisor from taking the employee's
vacation because of staffing shortages or operational need, the employee shall be paid for the
period of advance authorized vacation. Such vacation shall be approved by the Department
Head and paid at the employee's regular hourly rate of pay in effect for the scheduled period of
vacation.
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Starting with January 2018 vacation accruals, the balance of vacation leave earned must
not exceed Maximum Accrual. An employee will not be allowed to accrue vacation that exceeds
the Maximum Accrual until the vacation balance falls below the Maximum Accrual
Section 3. Vacation Approval. The department head shall make every reasonable
effort to accommodate an employee's request to take vacation in order to reduce or avoid
exceeding the vacation Maximum Accrual. Any vacation taken under this Section shall be on a
date mutually agreeable to both the department head and the employee.
When an employee who has become entitled to receive vacation under this Article
separates from City service, either by retirement, permanent layoff, or termination, the employee
shall be entitled to be paid for unused earned vacation at the employee's regular hourly rate of
pay in effect at the time of separation.
Section 5. Accrual Calculation. Vacation shall be accrued on a monthly basis by
dividing twelve (12) into the number of eligible vacation hours per year, as set forth in Section I
above, to which the employee is eligible to receive based upon the employee's years of service
with the City.
ARTICLE IX
Section 1. Leave of Absence. The City Manager may grant a permanent employee a
leave of absence for a specific purpose, without pay, fora period not to exceed up to one (1)
year. The City Council may grant a permanent employee a leave of absence for a specific
purpose, with pay, not to exceed one (1) year. No such leave shall be granted except upon
written requestofthe employee. Approval shall be in writing and a copy filed with the Human
Resources Office of the City. Upon expiration of a regularly approved leave, the employee shall
be reinstated in the position held at the time leave was granted. The employee shall report
promptly upon the expiration of any leave granted. Failure to report within a twenty-four (24)
hour period after expiration of leave shall be considered a voluntary resignation. Except as may
be provided by law, no employment or fringe benefits such as, but not limited to, sick leave,
vacation, health insurance, retirement or any other benefit shall accrue to any employee during
leave of absence without pay. An employee on approved leave may elect to pay the premiums
due in order to maintain health insurance benefits during the term of such leave.
Section 2. Written Notice of Intent to Return. An employee on leave of absence must
give the City at least seven (7) days written notice of the employee's intent to return to work.
Section 3. Outside Employment While On Leave. An employee who engages in
outside employment during said leave of absence shall be subject to termination. Any employee
who falsifies a reason for the request for said leave of absence or any extension of such leave
of absence may be terminated for falsifying such request.
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ARTICLE X
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. Part-time
employees who meet the criteria set forth in Article VI, Section 5, shall accrue sick leave at the
rate of 2.769 hours per biweekly payroll (seventy-two [72] hours per year). 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.
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, twenty-seven [27] hours for employees assigned to a 9/80 work schedule, or thirty
[30] hours for an employee on a 4/10 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. This 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 twelve (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 sick 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 protected 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 two (2) hours of the time set for beginning duty, if
such 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 confirming the use of protected sick leave.
A physician's statement verifying the absence from work is not required.
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G. 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 more than one (1) work day or if
there is reasonable cause to indicate abuse of sick leave.
Section 3. 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.
A. 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.
Section 4. Fitness for Duty. Upon 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.
Any employee so examined shall have the opportunity to submit the reports of a competent
medical authority of his own selection, and at his own expense, in addition to the report
submitted by the City's physician. In the event of a conflict of opinion and/or recommendation of
the two physicians, a third physician shall be selected by the first twophysiciansand the final
decision shall be made by the City Manager based upon the medical evidence submitted to him.
ARTICLE XI
• r` _
Section1. Sick Leave Conversion on Retirement or Death.
A. Effective November 15, 2008, one hundred percent (100%) of an employee's unused
accumulated sick leave shall be deposited into the City Retirement Savings Plan to be used for
eligible medical expenses, provided that the maximum number of hours that will be deposited is
nineteen hundred (1,900).
B. In the event of a permanent or indefinite layoff, an employee with ten (10) years of
continuous service with the City shall be entitled to the above benefit. If such employee resigns
after receiving official notification of his impending layoff, he shall be eligible for the above
benefit.
basis:
C. Accrued sick leave shall be valued for the purposes of this Section on the following
1. Sick leave earned prior to June 30, 1974 shall be calculated at the rate prevailing
at the end of the fiscal year in which it was earned.
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2 Sick leave taken shall be deducted from the oldest, lowest value accrued sick
leave first, provided, however, when an employee takes sick leave, the employee
shall receive for each day of sick leave one (1) day's pay at the employee's rate
of pay in effect at the time of taking sick leave. For covered employees hired prior
to June 30, 1974; and/or retirees with twenty (20) years of City service; or
retirees with a physical disability, or a psychological disability resulting from a
direct consequence of a violent act,sick leave shall be converted at the
prevailing rate.
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 (1) 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 of no more than six (6) work days per incident based on
eligibility. An employee shall be eligible for one half (1/2) work day of Bereavement Leave for
each month of regular employment, up to six (6) days, which is deducted from the employee's
accumulated sick leave. For purposes of this Section, "Immediate family" shall include and be
limited to the employee's mother, father, brother, sister, spouse, 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, forty-eight
(48) hours per year of an employee's sick leave may be used on personal matters which are of
an unforeseen combination of circumstances which call for immediate action and are not
otherwise covered under protected sick leave. 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.
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A. An employee that has at least one year of continuous service with the City and who
has exhausted all accrued leave (vacation, sick leave, compensatory time) due to non -industrial
illness or injury can be advanced sick leave time at the rate of seventy-five percent (75%) of the
employee's regular salary according to the following table:
Years of Service Total Hours
1 through 5 360
6 through 10 544
Over 10 720
B. An application for disability leave shall be made by the employee to the City Manager
or his designee through the department head, accompanied by medical certification from a
physician verifying the period of medical disability.
C. After the employee returns to work from disability leave, the employee's sick leave
accrual shall be reduced to four (4) hours per month and placed on a reimbursement schedule
with the Payroll Office to reimburse the City the value of the time used for such employee
disability leave. The employee may contribute vacation to accelerate employee's reimbursement
to the City for providing the benefits under this Article.
D. No employee shall receive more than the `'Total" set forth above for his length of
service, during his entire employment with the City.
E. Grounds for termination of disability leave by the City Manager or his designee shall
include, but not be limited to, the following:
1 The employee has recovered from his illness or injury.
2.- The leave is being used as a pre -retirement leave for purposeof 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 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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n'ara1 M M
A. When an employee is absent from work by reason of an injury or illness covered by
Workers' Compensation, the City will pay the difference between the amount granted pursuant
to the Workers' Compensation Act and the employee's regular rate of pay for up to one year.
Employees who are covered by this Agreement and are hired after May 13, 1997 and are
absent from work by reason of an injury or illness covered by Workers' Compensation, the City
will pay the difference between the amount granted pursuant to the Workers' Compensation Act
and eighty-five percent (85%) of the employee's regular rate of pay for up to six months (twenty-
six weeks). Thereafter, the employee will be paid the amount required by the Workers'
Compensation Act.
B. 'Reclassification of InjuredWorker. If in the opinion of the City, an employee has
been found to be permanently physically incapable of performing the duties of the currently held
position, the City may place the employee into another vacant position of equal level or lower
within the Association, provided such placement is approved by the appointing authority.
Nothing herein shall be construed to prevent such employee from applying for and competing
for positions of a higher class or positions represented by other bargaining units.
Section 2. Military Leave. Military leave shall be granted in accordance with the
provisions of state and/or federal law. All employees entitled to military leave shall give the
appointing power an opportunity within the limits of military regulations, to determine when such
leave shall be taken.
Section 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.
Section 4. Pregnancy Disability Leave. The City shall comply with the State
pregnancy disability leave law. Administrative Regulation No. 418 is incorporated by reference
herein.
Section 5. Family Leave. The City shall comply with all State and Federal family leave
entitlement laws. Administrative Regulation No. 430 is incorporated by reference herein.
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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.
Under this Section, "Parent" is defined to include a 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 7. 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.
inn
Section 1. Administration. The City reserves the right to select the insurance carrier or
administer any fringe benefit programs that now exist or may exist in the future during the term
of this Agreement.
Section 2. Selection and Funding. In the administration of the fringe benefit programs,
the City shall have the right to select any insurance carrier or other method of providing
coverage to fund the benefits included under the terms of this Agreement, provided that the
benefits of the employees shall be no less than those inexistence as of the implementation of
this Agreement.
Section 3. Changes. If, during the term of this Agreement, any change of insurance
carrier or method of funding for any benefit provided hereunder occurs, the City shall notify the
Association prior to any change of insurance carrier or health plan administrator or method of
funding the coverage.
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Section 1. Medical Insurance. Effective October 1, 2012, the City contracted with the
California Public Employees' Retirement System(CaIPERS) to implement the CalPERS medical
benefits program governed by the Public Employees' Medical and Hospital Care Act
(PEMHCA). In its implementation, the City and the Association agreed that the mandated
employer contributions for retirees would be structured in a manner to maintain cost savings.
The City and the Association agreed that any necessary and legal modifications to the
retiree medical benefits provisions in this Memorandum of Understanding would be made for
compliance with the CaIPERS PEMCHA program and to maintain the benefit set forth in Article
XV, Section 6, without an increase to the City's minimum mandated contributions for retirees.
Such provisions are updated to include:
A.-CaIPERS PEMHCA Program. Employees and retirees have the option of choosing
medical insurance coverage from any of the medical plans offered by CalPERS.
B. City Contribution Amount. For the period from June 1, 2018 through December 31,
2018, the City's contributionamountis up to the monthly premium amount of the employee's
eligible coverage level for the Kaiser Permanente HMO plan offered by CaIPERS at the basic
premium rates designated for the Los Angeles Area. Thereafter, starting January 1, 2019, the
City's contribution amount will return to the monthly premium amount of the employee's eligible
coverage level for the second highest PPO plan offered by CalPERS at the basic premium rates
designated for the Los Angeles Area.
During the term of this Memorandum of Understanding, if an employee enrolls in a plan
with higher premiums than the City's contribution, he will be responsible for the payment of any
premium amount in excess of the City's contribution.
1. PEMHCA Employer Mandated Contributions. The City shall contribute on behalf
of each employee the mandated minimum sum as required per month toward the
payment of premiums for medical insurance under the PEMHCA program. As the
mandated minimum is increased, the City shall make the appropriate
adjustments.
The City is mandated under PEMHCA to make a contribution to retiree medical
premiums. As allowed by the Government Code and the CalPERS Board, the
City used the Unequal Contribution Method to make City contributions on behalf
of each retiree or annuitant. The 2012 starting year unequal contribution began at
$1.00 per month. The City's mandated contribution for each annuitant shall be
increased annually in compliance with Government Code section 22892(c), until
the contribution for annuitants equals the contribution paid for employees. A
retiree's right to receive a City contribution, and the City's obligation to make a
mandatory contribution on behalf of retirees, shall only exist as long as the City
contracts with CaIPERS PEMHCA for medical insurance. In addition, while the
City contracts with CaIPERS PEMHCA, its obligation to make mandatory
contributions on behalf of retirees shall be limited to the minimum contribution
required by law.
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C. 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, long-term disability
insurance, and EAP coverage. Medical insurance is a core benefit which a City employee is
required to be enrolled in unless he is covered by another medical insurance plan with
comparable coverage and/or meets minimum essential coverage as specified by the Affordable
Care Act.
1. For the term of this Agreement, the City's maximum contribution shall be the sum
of the monthly premiums as designated for each of the following categories:
Employee only ("EE")
Employee +1 Dependent ("EE +1")
Employee +2 or more dependents ("EE +2")
The maximum City contribution shall be based on the employee's enrollment in
each plan. The employer mandated PEMHCA contribution is included in the sum
of the CaIPERS medical premium. If an employee enrolls in a plan wherein the
costs exceed the City's maximum contribution, the employee is responsible for all
additional premiums through pre-tax payroll deductions. An employee is not
entitled to any excess amount of premiums paid by the City on his behalf.
2. In the event that'CaIPERS medical insurance premiums increase above eight
percent (8%) on average for the 2018 calendar year, the City and the Association
agree to meet and - confer - on an employee contribution towards medical
insurance premiums.
3. The City continues to provide other benefits coverage under an Employee
Voluntary Benefits Program fully funded by the employee on a pre-tax basis in
accordance with IRS regulations.
D. Employee Waiver of Medical Coverage.
The City agrees to permit an employee to waive City -sponsored medical coverage as
follows:
1. The employee must present 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.
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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
during an announced open enrollment period for medical insurance changes effective January
1
Section 2. Dental Insurance.
A. HMO Dental Coverage. For the term of this Agreement, the City shall contribute
thirty-one dollars and ninety-five cents ($31.95) per month towards a HMO dental benefit plan
for employee and his/her qualified dependent(s). Any amount necessary to cover the monthly
premium in excess of the City's contribution is the responsibility of the employee.
B. Delta Dental Premier Plan. Thisplanis a self-funded plan administered by Delta
Dental. Premiums are calculated annually_ based on prior year's claims experience,
administrative fees, and an industry trending projection. For the term of this Agreement, the City
agrees to maintain the employee's contribution rate of fifty-two percent (52%) towards monthly
premium coverage. The City agrees to evaluate other Delta Dental plan options for
implementation to reduce premiums or employee out of pocket costs as a result of changing to
a three-tier rate structure ("Employee only," "Employee plus one dependent," and "Employee
plus two or more dependents").
Section 3. Life Insurance. As soon as practicable but by no later than July 1, 2016, the
City will implement an increase to the current basic life 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 (AD&D) 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, 1990, each employee
covered by this Agreement shall be provided long term disability insurance. 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.
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RETIREMENT
Section 1. CaIPERS Retirement Plan. Employees covered by this Agreement
participate in the California Public Employees Retirement System (CalPERS). Employee options
are described in a contract between the City of Downey and the California Public Employees'
Retirement System and are incorporated into this Memorandum of Understanding.
Section 2. first Tier Retirement Formula. Effective August 19, 2002, the City
amended the CalPERS contract to provide the benefit known as 2.7% at 55 retirement formula,
as set forth in California Government Code Section 21354.5.
A. In accordance with existing practice and Government Code sections 20636(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 CaIPERS reportable compensation, pursuant
to California Government Code Section 20516(f).
C. Effective the pay period that includes July 1, 2013, employees shall have deducted
an additional two percent (2%) of 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 Code Section 7522.04 (f) and who
were hired prior to October 10, 2012).
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Section 3. Second TierRetirement Formula. Effective January 11, 2012, the City
amended the CalPERS contract to provide the benefit known as 2% at 60 second tier retirement
formula, as set forth in Government Code Section 21353. This Second Tier Retirement Formula
will not apply to "new members" as that term 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. This 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 statutorily 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).
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
PERS contract amendment to include: (a) the Level 4 1959 PERS Survivor's Benefit program
(section 21574) and (b) the Pre -Retirement Optional Settlement 2 Death Benefit (section
21548).
A. Based on eligibility at retirement, the City will contribute $98.00 per month towards a
retiree's RHS account. This contribution is inclusive of the Public Employees' Medical and
Hospital Care Act (PEMHCA) statutory minimum employer contribution as specified in Cal.
Government Code § 22892(c).
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As a result of the City contracting for CaIPERS medical insurance pursuant to PEMHCA
provisions effective October 1, 2012, the City's previous retiree medical contribution is revised
to a City contribution towards RHS Plan to avoid an increase cost to the City's mandated
contribution for retirees.
B. Eligibility Requirements. Subject to meeting eligibility criteria below, the maximum
ninety-eight dollars ($98.00) per month shall be deposited on a quarterly basis to the retiree's
RHS account for the reimbursement of qualified medical expenditures. To be eligible to enroll in
a CalPERS health plan, pursuant to CalPERS rules and regulations, and receive the monthly
City contribution towards RHS Plan _specified in A above, the employee must satisfy the
following eligibility criteria:
1. At the time of retirement the employee has a minimum of ten (10) years of
service, or is granted a service connected disability retirement; and
2. At the time of retirement the employee is employed by the City; and
3. Effective the day after official separation from the City the employee has been
granted a retirement allowance by the California Public Employees' Retirement
System.
C. The City's obligation to deposit up to`a maximum of ninety-eight dollars ($98.00) per
monthtoward the retiree's RHS account shall be modified downward or cease during the
lifetime of the retiree upon the occurrence of any one of the following:
1. During any period the retiree is eligible to receive or receives health insurance
coverage at the expense of another employer the payment will be suspended.
"Another employer" as used herein means private employer or public employer
or self-employed or the employer of a spouse. As a condition of being eligible to
receive the RHS contribution set forth above, the City shall have the right to
require any retiree to annually certify that the retiree is not receiving any such
paid health insurance benefits from another employer. if it is later discovered that
misrepresentation has occurred, the retiree will be responsible for reimbursement
to the City of those amounts inappropriately deposited and the retiree's eligibility
to receive future RHS deposits will cease.
2. In the event the Federal government or State government mandates an
employer -funded health plan or program for retirees, or mandates that the City
make contributions toward a health plan (either private or public plan) for retirees,
the City's rate set forth above shall be converted from a RHS deposit and applied
to that plan. If there _ is any excess, that excess may be applied toward the
retiree's RHS account provided the retiree pays the balance owing for any such
coverage.
3. Upon the death of the retiree, the City's obligation to deposit into the retiree's
RHS account shall cease. The surviving spouse shall be able to continue
CalPERS medical insurance coverage pursuant to PEMHCA provisions and
provided the surviving spouse pays the appropriate premiums minus the City's
mandated retiree contribution amount.
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D. It is understood and agreed that the amount equivalent to the annual amount
contributed by the City to an eligible retiree's RHS account, shall be included as an item of total
compensation in survey comparisons.
E. An eligible retiree covered by this Section who no longer elects coverage under any
City sponsored medical plan, effective at the end of any calendar quarter may present the City
with proof of payment for alternate health insurance coverage and continue to receive the City's
deposit to the retiree's RHS account on a quarterly basis up to the amount to which the retiree is
entitled per Section A above. Once a retiree elects to withdraw from eligibility to participate in a
City sponsored health plan for coverage under an alternate insurance plan, the retiree may not
re -enroll in a City sponsored medical plan or otherwise forfeits the City's RHS contribution
amount permanently.
In addition to the conditions specified above, the City's deposit to a retirees RHS
account shall cease upon the occurrence of any of the following:
1. The retiree fails to submit or respond to the City's request (via certified mail to the
last known mailing address of the retiree) to provide appropriate proof of
alternate health insurance coverage at the end of sixty (60) days from the date of
the City's written request.
2. The death of the retiree.
Section 1. With prior approval of the City Manager, employees may be reimbursed for
tuition and books for courses taken to improve their value to the City. Tuition shall be
reimbursed for courses as recommended by the department 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 shall be 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.
ARTICLE XVII
Section 1. Appointment. An original or promotional appointment will be tentative and
subject to a probationary period of not less than six (6) months, except that the City Manager
may extend the probationary period for a class up to an additional six (6) months or for a
marginal employee who is on probation for up to an additional three (3) months. During the
probationary period an employee may be terminated at any time because of unsatisfactory
performance. During the probationary period the employee's supervisor shall attempt to counsel
the probationary employee on a periodic basis, prior to the end of the probationary period
regarding his performance.
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Section 2. Status of Probation. If the service of the probationary employee has been
satisfactory to the appointing authority, then the appointing authority shall file with the personnel
officer a merit rating including a statement, in writing, to such effect and stating that the retention
of such employee in the service of the City is desired. If the services of the employee are
deemed to be unsatisfactory and his employment is to be terminated at or before the expiration
of the probationary period, the appointing authority shall file with the Personnel Officer, a
statement in writing setting forth this action to be taken.
Section 3. End of Probation. All probationary periods shall extend to the first day of the
month following the period of probation.
Section 4. Rejection Following Promotion. Any employee rejected during the
probationary period following a promotional appointment or at the conclusion of the probationary
period by reason of failure of the appointing power to file a statement that his services have
been satisfactory, or at the discretion of the employee, shall be reinstated to the position from
which he was promoted unless charges are filed and he is discharged in the manner provided in
the Personnel Ordinance and the rules for positions in the classified service. If there are no
vacancies in the position from which he was promoted, the provisions of ARTICLE XV shall
apply.
Section 1. Definition. 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.
A. Whenever, in the judgment of the City Council, it becomes necessary to layoff
employees, the City may abolish any position covered by this Agreement. Any employee
holding an abolished position will be subject to layoff and have no right to demand that written
charges or reasons therefore be filed, and shall have no right of appeal or hearing.
B. Seniority shall be observed in affecting layoffs in personnel. The least senior
employee in a classification subject to layoff will be laid off first.
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C. An employee subject to layoff may exercise his seniority (1) within a job family
laterally; (2) within a job family to a lower classification; or, (3) to a classification previously held
by the employee, provided that the employee meets the current qualifications and requirements
of the position in which he/she seeks to exercise seniority, and provided further that any such
exercise in seniority shall be subject to a thirty (30) day trial period. An employeesubject to
layoff because of such exercise of seniority, may, in turn, similarly exercise his/her seniority
subject to the same limitations. If an employee does not successfully complete the thirty (30)
day trial period, he/she will be laid off, provided that the employee may grieve such a layoff and
be entitled to Skelly rights.
D. For purpose of this section, job families are established in Exhibit B attached to this
Agreement.
Section 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.
Section 1. The City reserves, retains, and is vested with, solely and exclusively, all
rights of Management which have not been expressly abridged by specific provision of this
Agreement or by law to manage the City, as such rights existed prior to the execution of this
Agreement. The sole and exclusive rights of Management, as they are not abridged by this
Agreement or by Jaw, shall include, but not be limited to, the following rights:
A. To manage the City generally and to determine the issues of policy.
B. To determine the existence or non-existence of facts that are the basis of the
Management decision.
C. To determine the necessity and organization of any service or activity conducted by
the City and expand or diminish services.
D. To determine the nature, manner, means, and technology, and extent of services to
be provided to the public.
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E. Methods of financing.
F. Types of equipment or technology to be used.
G. To determine and/or change the facilities, methods, technology, means, and size of
the work force by which the City operations are to be conducted.
H. To -determine and change the number of locations, relocations, and types of
operations, processes and materials to be used in carrying out all City functions including, but
not limited to, the right to contract for or subcontract any work or operation of the City.
1. To assign work to and schedule employees in accordance with requirements as
determined by the City and to establish and change work schedules and assignments.
J. To relieve employees from duties for lack of work or similar non -disciplinary reasons.
K. To establish _ and modify productivity and performance programs and standards
including, but not limited to, quality and quantity standards; and to require compliance therewith.
L. To discharge, suspend, demote, or otherwise discipline employees for proper cause.
M. To determine job classifications and to reclassify employees_
N. To hire, transfer, promote and demote employees for non -disciplinary reasons in
accordance with this Memorandum of Understanding and applicable Resolutions and Codes of
the City.
O. To determine policies, procedures and standards for selection, training and
promotion of employees.
P. _ To maintain order and efficiency in its facilities and operations.
Q. To establish and promulgate and/or modify rules and regulations to maintain order
and safety in the City which are not in contravention with this Memorandum of Understanding.
R. To take any and all necessary action to carry out the mission of the Agency in
emergencies.
Section 2. Except in emergencies, as defined in Article XXIII, or where the City is
required to make changes in its operations because of the requirements of law, whenever the
exercise of Management's rights shall impact employees of the bargaining unit, the City agrees
to meet and confer with representatives of the Association regarding the impact of the exercise
of such rights, unless the matter of the exercise of such rights is provided for in this Agreement
or in the Personnel or departmental rules and regulations and salary resolutions. By agreeing to
meet and confer with the Association as to the impact and the exercise of any of the foregoing
City rights, Management's discretion in the exercise of these rights shall not be diminished. The
City shall not exercise the foregoing rights in an arbitrary or capricious or invidiously or
discriminatory manner or in such a manner as to imperil the health and/or safety of the
employees.
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i i ' iMEMO ME
Section 1. Agency Shop `Agreement.
-
A. Legislative Authority. The parties mutually understand and agree that under the
Meyers Milias Brown Act (Government Code Section 3500 et seq.)" all employees who are in
classifications represented by the Downey City Employees' Association/Miscellaneous Unit
have the right to join or not join the Association. However, the enactment of a local "Agency
Shop" requires that as a condition of continuing employment, employees in the respective
bargaining unit must either join the Association or pay to the Association a service fee in lieu
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.
1. The agencyshop provisions contained in this agreement shall only go into effect
if a simple majority of voting eligible unit members cast votes in favor of agency
shop in an election as provided in this Agreement.
2. To determine whether employees in the unit wish to be covered by an agency
shop provision, an election will be conducted by and in accordance with,
procedures established by the California State Mediation and Conciliation
Service using a secret ballot. The ballot will state "Do you wish to be covered by
an Agency Shop arrangement, which requires all employees to either join the
employee organization or pay an agency fee for representation?" The cost of this
election shall be borne by the Association.
3. Employees eligible to vote in this election shall be all employees in classifications
represented by the Association on the payroll for the most recent month for which
data is available.
4. The State Mediation and Conciliation Service shall investigate any objections to
the conduct of the election and decide matters pertaining to any challenged
ballots.
C. Association Dues/Service Fees.
Agency Shop as used in this Article means an organizational security
arrangement as defined in Government Code Section 3502.5 and applicable law.
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2. Commencing within thirty (30) days Of the State Mediation and Conciliation
Service's certification of approval of the agency shop election results, the
Personnel Office shall provide all current employees and any employees hired
thereafter, with an authorization notice advising them that Agency Shop for the
Association_ has been enacted pursuant to state law and an agreement exists
with the Association, and that all employees subject to the Agreement must
either join the Association, pay a service fee to the Association, or provide proof
of membership in a religious organization which holds historic opposition to
membership in a labor organization. Such notice shall include a form for the
employee's signature authorizing a payroll deduction of Association dues, a"
service fee or a charitable contribution equal to the service fee. Said employees
shall have fourteen (14) calendar days from the date they receive the form to fully
execute it and return it to the Personnel Office.
3. If the form is not completed properly or returned within fourteen (14) calendar
days, the City shall commence and continue a monthly payroll deduction of
service fees from the first regular biweekly paychecks of such employee each
month. The effective date of Association dues, service fee, or charitable
contribution shall begin no later than the beginning of the first regular biweekly
paycheck of the month commencing fourteen (14) calendar days after receipt of
the authorization form by the employee.
4. As 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 Yee charged shall not reflect expenditures which the courts
have determined to be non -chargeable, including political contributions to
candidates and parties, members only benefits, charitable contributions and
ideological expenditures and, to the extent prohibited by law, shall not reflect
expenditures for certain aspects of lobbying, ballot measures, publications,
organizing and litigation.
5. The Association shall comply with applicable law regarding disclosure and
allocation of its expenses, notice to providers of their right to object, provision for
agency fee payers to challenge the Association's determinations of amounts
chargeable to the objecting non-members, and appropriate escrow provisions to
hold contested amounts while the challenges are underway.
6. The Association shall make available, at its expense, an expeditious
administrative appeals procedure to unit members who object to the payment of
any portion of the representation service fee. Such procedure shall provide for a
prompt decision to be made by an impartial decision -maker jointly selected by
the Association and the objecting provider(s). A copy of such procedure shall be
made available upon request by the Association to non-members and the City.
7. The foregoing description of permissible agency fee charges and -related
procedures is included herein for informational purposes and is not intended to
change applicable law.
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8. The employee's earnings must be sufficient after the other legal and required
deductions are made to cover the amount of the dues or fees authorized. When
an employee is in a non -pay status for an entire pay period, no withholding will
be made to cover the pay period from future earnings. In the case of an
employee in a non -pay status only during part of the pay period, whose salary is
not sufficient to cover the full withholding, no deduction shall be made. In the
case of an employee who is receiving short term disability pay (75% pay) during
a pay period, no deduction shall be made. In this connection, all other legal and
required deductions (including health care and insurance deductions) have
priority over Association dues and service fees.
1. Any employee who is a member of a bona fide religion, body or sect that has
historically held conscientious objections to joining or financially supporting public
employee organizations shall upon presentation of active membership in such
religion, body, or sect, not be required to join or financially support any public
employee organization as a condition of employment. The employee may be
required, in lieu of periodic dues, initiation fees or agency shop fees, to pay sums
equal to the dues, initiation fees or agency shop fees to a nonreligious, non -labor
charitable_ fund exempt from taxation under Section 5O1(c)(3) of the Internal
Revenue Code, chosen by the employee from a list of at least three of these
funds, designated in a Memorandum of Understanding between the City and the
Association, or if the Memorandum of Understanding fails to designate the funds,
then to any such fund chosen by the employee. Proof of the payments shall be
made on a monthly basis to the City as a condition of continued exemption from
the requirement of financial support to the Association [Govt. Code Section
35O2.5(c)].
2. Declarations of, or applications for, religious exemption and any othersupporting
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.
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:
iA request for such a vote is supported by a petition containing the signatures
at least thirty percent (30%) of the employees in the unit;
ii. The vote is by secret ballot;
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iii. The vote may be taken at any time during the term of the Memorandum of
Understandings but in no event shall there be more than one rescission vote
taken during that term. Notwithstanding the above, the City and the
Association may negotiate, and by mutual agreement provide for, an
alternative procedure or procedures regarding a vote on an agency shop
agreement [Govt. Code Section 3502.5(d)].
2. If a "rescission vote" is approved by unit members during the term of a current
Memorandum of Understanding, the Association agrees not to petition for or
seek Agency Shop status for the duration of the current Memorandum of
Understanding.
Section 2. Dues Deductions. The City shall deduct dues on regular payroll basis from
the pay of all employees in the classifications and positions recognized to be represented by the
Association. Such deductions shall be authorized in writing on a form approved and provided by
the Association for this purpose. The City shall remit such funds to the Association within thirty
(30) days following their deduction.
Section 3. Release Time for Meet and Confer. The Association may select a
maximum of three (3) members to attend scheduled meetings with the Human Resources
Director or other management representatives on subjects withinthe scope of representation
during regular work hours. In addition, they may meet for a maximum of one (1) hour per meet
and confer session for the purpose of preparation of such sessions.
Section 4. 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 anytime 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 October 1 through
October 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 5. 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.
32
H/PSNL/LABOR/DCEA-MISC. MOU.2018-2021.04-24-18
i i i
A. PROHIBITED CONDUCT
Section 1. The Association, its officers, agents, representatives and/or members agree
that during the term of this Agreement they will not cause or condone any strike, walkout,
slowdown, sick-out, or any other job action by withholding or refusing to perform services.
Section 2. The City agrees that it shall not lockout its employees during the term of this
Agreement. The term "lockout" is hereby defined so as not to include the discharge,
suspension, termination, lay off, failure to recall or failure to return to work of employees of the
City in the exercise, of its rights as set forth in any of the provisions, of this Agreement or
applicable ordinance or law.
Section 3. Any employee who participates in any conduct prohibited in Section 1 above,
shall be subject to termination by the City.
Section 4. In addition to any other lawful remedies or disciplinary actions available to the
City if the Association fails, in good faith, to perform all responsibilities listed below in B, Section'
1, the City may suspend any and all of the rights and privileges accorded to the Association
under the Employee Relations Ordinance and this Agreement including, but not limited to, right
of access, check -off, the use of the City's bulletin boards and facilities.
B. ASSOCIATION RESPONSIBILITY
Section 1. In the event that the Association, its officers, agents, representatives, or
members engage in any of the conduct prohibited in A. Section 1 above, the Association shall
immediately instruct any persons engaging in such conduct that their conduct is in violation of
this Agreement and unlawful and they must immediately cease engaging in conduct prohibited
in A. Section 1 above, and return to work.
Section 2.- If the Association performs all of the responsibilities set forth in A. Section 1
above, its officers, agents, representatives shall not be liable for damages for prohibited conduct
performed by employees who are covered by this Agreement in violation of A. Section 1 above.
i
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.
33
H/PSNL/LABOR/DCEA-MISC. MOU.2018-2021:04-24-18
Section 2. Conduct of the Grievance Procedure. An employee may request the
assistance of another person of his own choosing in preparing and presenting his grievance at
any level of review, or may be represented by a recognized employee organization or may
represent himself. The employee shall not suffer any reprisal from management for utilizing the
grievance procedure set forth herein. Any pending disciplinary action shall not affect the
grievance procedure nor suspend the operation thereof.
A. Any retroactivity on monetary grievances shall be limited to the date that the
grievance was filed, in writing, except in cases where it was impossible for the employee to
have had prior knowledge of an accounting error.
B. All time limits specified may be extended to a definite date by mutual agreement of
the employee or his Association representative, and the decision making management
representative involved at each step of the grievance procedure. Such mutual agreement shall
be evidenced in writing and signed by the employee or Association representative and
management representative.
Section 3. Grievance Procedure Steps. The grievance procedure shall provide for the
following steps; except for grievances that are a result of disci2linafy. action which shall be in at
Step Four:
Steer One. Informal Procedure. An employee must attempt first to resolve a grievance
through discussion with his immediate supervisor within ten (10) working days from
the date of the alleged incident or action giving rise to the grievance on an informal
basis. If, after such discussion, the employee does not believe the problem has been
satisfactorily resolved, he shall have the right and obligation to discuss it with his
supervisor's immediate supervisor, if any, andhisdepartment head, if necessary.
Every effort shall be made to find an acceptable solution by these informal means at
the most immediate level of supervision. At no time may an informal process go
beyond the department head concerned. In order that this informal procedure may
be responsive, all parties involved shall expedite this process. In no case may more
than thirty (30) days elapse from the date of the alleged incident or action giving rise
to the grievance, and the filing of a written grievance in Step Two, or the grievance
shall be barred and waived.
fteg Two. Department Head Response. If the non -disciplinary grievance is not
resolved in Step One, or if no answer has been received within five (5) working days
from the presentation of the oral grievance, the employee may, within thirty (30)
working days from the date of the incident giving rise to the grievance, present the
grievance in writing to his department head. Failure of the employee to take this
action will constitute termination of the grievance. The department head shall further
review and discuss the grievance with the employee and shall render its decision
and comments, in writing, and return them to the employee within ten (10) working
days after receiving the grievance.
34
H/PSNL/LABOR/DCEA' MISC.MOU.2018-2021.04-24-18
§1V Three. Management Representative. If the grievance is not resolved in Step Two,
or if no answer has been received within time limits established in Step Two, the
employee may within ten (10) working days, present the grievance in writing to the
designated management representative for processing. Failure of the employee to
take this action will constitute termination of the grievance. In the event the employee
is not being represented by a recognized employee_ organization,, the designated
management representative shall attempt to resolve the grievance. If the employee
is being represented by a recognized employee organization, the designated
management representative shall convene a joint meeting of the recognized
employee organization and himself, within five (5) working days, in an attempt to
resolve the grievance. In the event the grievance is not satisfactorily adjusted or
settled through discussion at this level, management shall advise the employee
and/or employee organization, in writing, within ten (10) working days as to its
position on the grievance.
Sten Four Grievance Hearing. if the grievance is not resolved in Step Three, the
employee may, within ten (10) working days of the receipt of the written position from
management representatives, present a "request for hearing" in writing to the
Personnel Director. However, the only grievances which may be submitted for review
are matters which have resulted in a suspension without pay, reduction in pay,
demotion, termination, or otherwise have monetary value to the employee. Failure of
the employee to take this action will constitute termination of the grievance. With the
approval of the Personnel Advisory Board, the Personnel Director shall request from
the State Mediation and Conciliation Service, or mutually agreed upon alternative
organization, a list of seven (7) neutral hearing officers. In the event that the parties
cannot agree upon a mutually acceptable hearing officer from the list of seven, the
parties shall alternately strike names from the list, with the City striking the first
name. The identity of the last remaining individual on the list will be selected as the
hearing officer. The hearing officer shall preside over a full and fair evidentiary
hearing and, within thirty (30) calendar days of its conclusion, render a written
decision that includes findings of fact and a recommendation to the City Manager.
That decision shall be served jointly upon the grieving party and the City Manager.
Stec 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
1116IM03MMOR Sul
Section 1. Substance Abuse Policy. The City of Downey and the Association have a
vital interest in maintaining safe, healthful and efficient working conditions. Being under the
influence of a drug or alcohol on the job may pose serious safety and health risks not only to the
user but to co-workers and the citizens of Downey. The possession, use or sale of an illegal
drug or of alcohol on the job also poses unacceptable risks for safe, healthful and efficient
operations. "On the job" means while on City premises, at work locations, or while on duty or
being compensated on an "on call status."
35
H/ P S N L/ LA B O R/ D C EA- M I S C. M O U. 2018-2021.04-24-18
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, useor being under the influence of drugs or alcohol while on the
job is strictly prohibited. This prohibition shall not apply to legitimate undercover activities of
Police Officers which are undertaken in accordance with the direction of the Police Department.
B. When reasonable suspicion exists, the City may require an employee to submit to a
medical examination, including, but not limited to, a substance screening. Substance screening
means the testing of urine or other body fluids as reasonably deemed necessary by a physician
to determine whether an employee has a restricted substance in their system.
1. Reasonable suspicion is cause based upon objective facts sufficient to lead a
reasonably prudent supervisor to suspect that an employee is under the
influence of drugs or alcohol so that the employee's ability to perform the
functions of the job is impaired or so that the employee's ability to perform his/her
job safely is reduced.
2. Post -accident testing under this Article shall be conducted based on reasonable
suspicion as defined in this Section and shall not be automatic, unless as
required by law per Department of Transportation (DOT) Federal Motor Carrier
Safety Administration Regulations (FMCSA) (refer to City of Downey Controlled
Substance and Alcohol Misuse Policy and Procedures Manual).
C. Any manager or supervisor requesting an employee to submit to a substance
screening shall document in writing the facts constituting reasonable suspicion and shall give
the employee a copy. The employee shall be given an opportunity to provide additional facts. An
employee who is then ordered to submit to a substance abuse screening may request to be
represented. Because time is of the essence in substance screening, a representative must be
available within a reasonable time or the employee will then be ordered to submit to substance
screening. An employee whorefusesto submit to a substance screening maybe 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.
36
H /PS N L/LAB OR/DC EA -M I SC . MO U, 2018-2021.04-24-18
E. Any positive test for alcohol- or drugs will be confirmed by a scientifically sound
method. An employee who tests positive on a confirmatory test will be given the opportunity to
discuss the results with a physician to be designated by the City. The employee should be
prepared at that time to show proof of any valid medical prescription for any detected substance
or to otherwise explain, if he or she so chooses,_a positive test result.
F. While use of medically prescribed medications and drugs is not per se a violation of
this policy, this policy shall establish that no employee shall operate a City vehicle or dangerous
machinery or equipment while taking any kind of medication or drugs which are clearly marked
that they may cause significant drowsiness or impair an employee's performance. An employee
shall notify his/her supervisor, before beginning work, when taking such medications or drugs. In
the event there is a question regarding an employee's ability to safely and effectively perform
assigned duties while using such medications or drugs, clearance from a physician designated
by the City may be required. The City reserves the right to send an employee home on sick
leave under these circumstances.
G. Employees with substance abuse problems are encouraged to participate voluntarily
in the City -sponsored Employee Assistance Program (EAP). Assistance through the EAP may
be sought by an employee with complete confidentiality and without adverse consequences to
his/her employment. Employees should be aware, however, that'a request for assistance
through the EAP will not insulate the employee from disciplinary action already contemplated.
Depending upon the facts surrounding the reasonable suspicion determination, positive test
result, and/or other violation of this policy or other City/department rules and regulations, the
City may refer an employee to the EAP. Such referral could, at the discretion of the City, be
made available to the employee as an alternative to disciplinary action. Referral would be
subject to agreement by the employee to enroll, participate in and successfully complete a
rehabilitation and/or counseling program and other terms and conditions in a "Last Chance
Agreement."
1. It is the City's intent to use the EAP option for first offenders except the City
reserves the right to discipline for those offenses which area significant violation
of City/department rules and regulations or where violation did or could have
resulted in serious injury or property damage.
Section 2. Departmentof •,• • D•T) Controlled Substance and Alcohol
Testing Program.
1. Administration. In accordance with City of Downey Resolution No. 5934, policy
and procedures for compliance with the Federal Motor Carrier Safety
Administration (FMCSA) Regulations (49 CFR Parts 40 and 382) shall remain in
effect for those employees who are required to possess and maintain a
commercial driver's license as a condition of employment for the performance of
safety sensitive duties. As applicable, the _City's policy and procedures will be
amended to comply with changes in law.
2. 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.
37
H/PSNULABOR/DCEA-MISC. MOU.2018-2021,.04-24-18
3. 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.
4. 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.
5. 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.
6. The cost of a split specimen under a random test shall be paid by the City or
reimbursed to the employee on a negative result only. The cost of a controlled
substance and/or alcohol test under follow-up testing is the responsibility of the
employee.
Section 3. Labor -Management Committee. Representatives of the Association and
management shall meet on a quarterly basis for purposes of improving communication" and
resolving labor relations matters. Agendas shall be agreed upon in advance, with both parties
having equal opportunity to submit items. Any matter agreed upon by both parties may be
discussed; but discussion does not constitute waiver of access to the grievance process.
Chairmanship of the committee shall be alternated among the parties.
During the term of this Agreement, the City agrees to discuss with the Association the
following items:
a. The feasibility of implementing a "4/10" work schedule.
b. No -cost employee wellness ideas.
Section 4. Transfer Rights. The City agrees that if an employee's current supervisor or
department head does not approve an employee's transfer to another department who has
offered thatemployeea position, the employee may appeal the decision to the Personnel
Director.
Section 5. Rest Periods/Breaks. The City Manager hereby authorizes department
heads to permit their employees to take brief rest periods during any working day at such times
and of such duration as will result in an increase in their work output and thus promote
efficiency. Rest periods shall not exceed fifteen minutes per break and nor shall exceed two
breaks per workday. No such rest period shall be taken during the first or last hour of any
employee's working period. The taking of rest periods is hereby declared to be_a matter of
privilege and not of right. Supervisors shall have the right to schedule rest periods to maximize
the efficiency of their operations. Any rest period not taken at the time permitted shall be
deemed waived and shall not be accumulated or carried over from one work period to any
subsequent work period, or compensated in any form.
38
H/PSNL/LABOR/DCEA MISC.MOU.2018-2021.04-24-18
Section 6. State Disability Insurance. As "soon as practicable, the 'City agrees to
provide the Association with information regarding the cost and steps to implement employee
paid State Disability Insurance Coverage. The City and the Association agree that the City is not
obligated to implement such coverage.
ARTICLE XXIV
• •- r •1 r Zr
Section 1. It is the intent of the parties hereto that the provisions of this Agreement shall
supersede all prior agreements and Memoranda of Understanding, or memoranda of
agreement, or contrary salary and/or personnel resolutions and ordinances of the City, oral or
written, expressed or implied, agreements between the parties or understandings between the
parties, and shall govern their entire relationship and shall be the sole source of any and all
rights which may be asserted hereunder. This Agreement is not intended to conflict with federal
or state law.
Section 2. Notwithstanding the provisions of Section 1 in this Article, there exists within
the City of Downey, certain personnel resolutions, ordinances and departmental rules and
regulations. To the extent that this Agreement does not specifically contravene provisions of
these personnel resolutions, ordinances, departmental rules and regulations; such personnel
resolutions, ordinances and departmental_ rules and regulations are specifically incorporated
herein.
ARTICLE XXV
During the term of this Agreement, the parties mutually agree that they will not seek to
negotiate or bargain with -regard -to wages, hours, and terms and conditions of employment,
whether or not covered by this Agreement or in the negotiations leading thereto and irrespective
of whether or not such matters were discussed or were even within the contemplation of the
parties hereto during the negotiations leading to this Agreement. Regardless of the waiver
contained in this Article, the parties may:
1. By mutual agreement, in writing, agree to meet and confer about any matter
during the term of this Agreement.
2. Meet and confer in accordance with Article XVI, Section 2.
39
H/PSNUUaBOR/DCEA-M ISC. MOU.2018-2021.04-24-18
ARTICLE XXVI
•
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. During the Cafeteria Plan review, but by no later than December 31, 2018, the
City agrees to explore other employee voluntary benefit coverage options for medical opt out
deposit.
In the event of circumstances beyond the control of the City, such as acts of God, fire,
flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of
this Agreement or the Personnel Rules or Resolutions of the City, which restrict the City's ability
to respond to these emergencies, shall be suspended for the duration of such emergency. After
the emergency is over, the Association shall have the right to meet and confer with the City
regarding the impact on employees of the suspension of these provisions in the Agreement and
any Personnel Rules and Policies.
ARTICLE_XXVIII
SEPARABILITY
Should any provision of this Agreement be found to be inoperative, void, or invalid by a
court of competent jurisdiction, all other provisions of this Agreement shall remain in full force
and effect for the duration of this Agreement.
ARTICLE XXIX
TERM OF THIS MEMORANDUM OF UNDERSTANDING
The term of this Agreement shall commence on April 1, 2018 and shall continue in full
force and effect until March 31, 2021.
40
H/PS N L/LABOR/DCEA-M I SC. M OU.2018-2021.04-24-18
n---.UrqwxTU
rzrq =a— W Ilia 0 MIN
CITY OF DOWNEY
6�f G4��
Jbhn Oskoui, Assistant City%16no
N
ger—
B y. �& V/,k ...,
Irma "Asefi6 ",uman Resources Director
APPROVED AS TO FOR . A
Vit M. Abich Garcia, City Attorney
H/PSNULABOROCEA-M ISC. MOU, 2018-2021.04-24-18
DOWNEY CITY EMPLOYEES'
A-•&- T. kl F. V . I � f R% r, EJ - L A V FUJ
41
E
Accountant
Accounting Coordinator
Administrative Aide
Administrative Assistant -
Administrative Clerk I
Administrative Clerk 11
Ambulance Operator Coordinator
Assistant Civil Engineer I
Assistant Civil Engineer II
Assistant Planner
Assistant Planner II
Assistant Superintendent of Facilities &
Maintenance
Assistant Superintendent of Utilities System
Associate Civil Engineer
Associate Planner
Building Inspector
Building Permit Technician
Center Supervisor
Executive Secretary
Fire Communications Center Supervisor
Fire Mechanic
Fire Prevention Technician
Hazardous Materials/Fire Inspector
Junior Accountant
KD
B/Recycleng &Waste Coordinator
42
H/PSNULABOR/DCEA-MISC. MOU.2018-2021.04-24-18 -
Librarian
Library Assistant
Neighborhood Watch Coordinator
Plan Checker/Inspector
Police Records Supervisor
Principal Building Inspector
Principal Planner
Program Coordinator
Program Supervisor
Public Works Supervisor II
Recreation Coordinator
Recreation Supervisor
Secretary
Senior Account Clerk
Senior Building Inspector
Senior Code Enforcement Officer
Senior Librarian
Senior Library Assistant
Senior Planner
Supervising Library Assistant
Transit Coordinator
Water Systems Supervisor 11
Water Quality & Environmental Specialist
Historical
Account Clerk l
Account Clerk II
Assistant Civil Engineer
Automation Circulation Systems Operator
Budget Analyst
Civil Engineer
Computer Operator l
Computer Operator II
Computer Operator I I I
Construction Inspector
Data Entry Operator
Engineering Aide
Equipment Maintenance Supervisor
Fire Education Specialist
Fire Network Administrator
Housing Planner
Housing Specialist I
Housing Specialist II
Human Resources Technician
Integrated Waste Coordinator
Junior Engineering Aide
Junior Civil Engineer
Library Associate
Network Administrator
PABX Operator/Receptionist
Parking Permit Inspector
Personnel Analyst
Plan Check Engineer
43
Plan Checker
Planning Technician
Programmer
Programmer/Analyst 11
Project Assistant
Public Works Supervisor I
Public Works Technician
Real Estate Officer
Reprographics Specialist
Residential Rehabilitation Supervisor I
Residential Rehabilitation Supervisor Il
Revenue Supervisor
Secretary to the City Clerk/CityAttorney
Senior Accountant
Senior Building Permit Technician
Senior Engineering Aide
Senior Library Associate
Senior Programmer/Analyst
Special Program Coordinator
Special Projects Coordinator
Supervising Accountant
Technical Coordinator/Theater
Theater Supervisor
Water Construction Specialist
Water Systems Technical Supervisor 11
Water Quality Contract Administrator
EXHIBIT B
1.
Account Clerk I/Admin Clerk`1
7. Administrative Clerk l
Account Clerk 11/Admin Clerk 11
Administrative Clerk 11
Senior Account Clerk
Secretary
Junior Accountant
Executive Secretary
Accounting Coordinator
Secretary to the City Clerk/City Attorney
Revenue Supervisor
Administrative Aide
Accountant
Senior Accountant
8. Public Works Supervisor l
Supervising Accountant
Public Works Supervisor II
Assistant Superintendent of Facilities &
2.
Junior Engineering Aide
Maintenance
Engineering Aide
Senior Engineering Aide
9. Water Construction Specialist
Junior Civil Engineer
Water Quality Contract Administrator
Assistant Civil Engineer 1/II
Water Quality & Environmental Specialist
Associate Civil Engineer
Water Systems Supervisor II
Civil Engineer
Water Systems Technical Supervisor II
Assistant Superintendent of Utilities
3.
Library Assistant
Senior Library Assistant
10. Building Permit Technician
Automation Circulation Systems Operator
Senior Building Permit Technician
Library Associate
Senior Library Associate
11. Recreation Coordinator
Librarian
Recreation Supervisor
Senior Librarian
12. Housing Specialist 1
4.__
Planning Technician
Housing Specialist 11
Assistant Planner
Housing Planner
Assistant Planner II
Associate Planner
13. Program Coordinator
Senior Planner
Program Supervisor
Principal Planner
Neighborhood Watch Coordinator
5.
Building Inspector
14. Center Supervisor
Plan Checker
Special Program Coordinator
Senior Building Inspector
Plan Checker/ Inspector
15. Residential Rehabilitation Supervisor l
Plan Check Engineer
Residential Rehabilitation Supervisor If
Principal Building Inspector
6. Data Entry Operator
Computer Operator I
Computer Operator II
Computer Operator III
Programmer
Programmer/Analyst 11
Senior Programmer Analyst
Network Administrator
44
Administrative Assistant
Budget Analyst
Construction Inspector
Equipment Maintenance Supervisor
Fire Communications Center Supervisor
Fire Education Specialist
Fire Mechanic
Fire Network Administrator
Fire Prevention Technician
Hazardous Material/Fire Inspector
Human Resources Technician
Integrated Waste Coordinator
KDB/Recycling & Waste Coordinator
PABX Operator/Receptionist
Parking Permit Inspector
Personnel Analyst
Police Records Supervisor
Project Assistant
Public Works Technician
Real Estate Officer
Reprographics Specialist
Senior Code Enforcement Officer
Special Projects Coordinator
Technical Coordinator/Theater
Theatre Supervisor
Transit Coordinator
45
Position Title
A
l3
C
D
24.7089
Accountant
22.9068
24.1666
25.4959
26.8981
28,3773
Accounting Coordinator
20.3738
21.4944
22.6766
23.9239
25.2397
Administrative Aide
28.1708
29.7201
31.3547
33.0793
34.8984
Administrative Assistant
22.4622
23.6979
25.0010
26.3760
27.8271
Administrative Clerk I
15.8663
16.7391
17.6599
18.6308
19.6552
Administrative Clerk II
17.6599
18.6308
19.6552
20.7370
21.8766
Ambulance Operator Coordinator
28.3684
29.9287
31.5749
33.3116
- 35.1155
Assistant Civil Engineer 1
31.5682
33.3040
35.1361
37.0685
39.1076
Assistant Civil Engineer II
33.7465
35.6027
37.5607
39.6267
41.8062
Assistant Planner
27.1736
28.6682
30.2447
31.9083
33.6632`
Assistant Planner II
29.0548
30.6527
32.3388
34.1172
35.9939
Assistant Superintendent of Facilities &Maintenance
34.6219
36.5261
38.5349
40.6544
42.8902
Assistant Superintendent of utilities
34.6219
36.5261
38.5349
40.6544
42.8902
Associate Civil Engineer
36.0913
38.0765
40.1706
42.3800
44.7109
Associate Civil Engineer- utilities
36.0913
38.0765
40.1706
42.3800
44.7109
Associate Planner
31.9199
33.6755
35.5278
37.48161
39.5421
Building Inspector
26.6665
28.1332
29.6807
31.3132
33.0355
Building Permit Technician
19.6890
20.7719
21.9148
23.1201
24.3916
Center Supervisor
30.0377
31.6898
33.4324
35.2714
37.2111'
Executive Secretary
21.2913
22.4622
23.6979
25.0010
26.3760
Fire Communications Center Supervisor
32.4853
34.2720
36.1571
38.1453
40.2436'
Fire Mechanic
27.6651
29.1867
30.7913
32.4854
34.2720'
Fire Prevention Technician
19.6890
20.7719
21.9148
23.1201
24.3916
Hazardous Materials/Fire Inspector
40.5011
42.7288
45.0790
47.5582
50.1739
Junior Accountant
18.5220
19.5410
20.6153
21.7495
22.9456`
KDB Recycle & Waste Coordinator
24.7393
26.0999
27.5354
29.0498
30.6476
Librarian
28.1634
29.7123
31.3467
33.0704
34.8837.
Library Assistant
v _ .. a
17.6544
_., .__
18.6256
19.6502
20.7310
21.8712-
_..
Neighborhood Watch Coordinator
. , .
.:
20.2590
21.3732
22.5487
23.7890
---
25.0973-
Plan Checker/Inspector
31.3232
.. ..
33.0458
34.8637
36.7804
38.8043
Police Records Supervisor
28.3684
29.9287
31.5749
33.3116
35.1155 `
Principal Building Inspector
37.5970
39.6648
41.8463
44.1479
46.5657'
Principal Planner
38.4914
40.6085
42.8420
45.1983
47.68591
Program Coordinator
19.4930
20.5652
21.6964
22.8898
24.1484
Program Supervisor
32.4853
34.2720
36.1571
38.1453
40.2436'
Public Works Supervisor II
30.2510
31.9152
33.6702
35.5226
37.4761
Recreation Coordinator
19&0292
19.0175
20.0635
21.1671
22.3311-
Recreation Supervisor
29.9292
31.6385
33.3792
35.2140
37.1519
Secretary
18.131919.1290
20.1815
a
21.2913`
22.4622`
Senior Account Clerk
21.3434 u '
22.5177 4
3 , . _
23.7560
�..
25.0621
.... 0
26.4407:
Senior Building Inspector
31.3232
33.0458
34.8637
36.7804
38.8043
Senior Code Enforcement Officer 28.4718
Senior Librarian _ 33.0684
Senior Library Assistant 19.1378
30.0377 31.6898 33.4324 35.2714
34.8871 36.8060 38.8304 40.9659
20.1901
Senior Planner
35.5260 «i__
37.4801
_39.5414
Supervising Library Assistant
24.7089
26.0678
27.5016
Transit Coordinator
21.1671 '
22.3314
23.5596
Water Systems Supervisor 11
30.2510
31.9152
33.6702
Water Quality & Environmental Specialist
30.2510
31.9152
33.6702
ER
22.4
23.7086:
44.0051w
30.6098=
24.8553 26.2228;
35.5226 37.4761=
35.5226 37.4761
1; t
sii ill
C
D
E
Accountant
23.3649
24.6500
26.0059
27.4360
28.9449
Accounting Coordinator
243.7813
21..9242
23.1301
24.4024
25.7445
Administrative Aide
28.7342
30.3145
31.9818
33.7409
35.5964
Administrative Assistant
22.9115
24.1719
25.5010
26.9035
28.3836
Administrative Clerk 1
16.1836
17.0739
18.0131
19.0034
20.0483
Administrative Clerk 11
18.0131
19.0034
20.0483
21.1518
22.3141'
Ambulance Operator Coordinator
28.9358
30.5273
32.2064
33.9778
35.8179
Assistant Civil Engineer 1
32.1996
33.9701
35.8388
37.8099
39.8897
Assistant Civil Engineer II
34.4214
36.3148
38.3119
40.4192
42.6423
Assistant Planner
27.7171
29.2416
30.8496
32.5465
34.3364
Assistant Planner II
29.6359
31.2657
32.9855
34.7996
36.7138
Assistant Superintendent of Facilities & Maintenance
35.3143
37.2566
39.3056
41.4674
43.7480
Assistant Superintendent of Utilities
35.3143
37.2566
39.3056
41.4674
43.7480
Associate Civil Engineer
36.8131
38.8380
40.9740
43.2276
45.6051
Associate Civil Engineer- Utilities
36.8131
38.8380
40.9740
43.2276
45.6051 -
Associate Planner
32.5583
34.3490
36.2383
38.2312
40.3329`
Building Inspector
27.1998
28.6959
30.2744
31.9395
33.6962
Building Permit Technician
20.0828
21.1873
22.3531
23.5825
24.8794
Center Supervisor
30.6385
32.3235
34.1011
35.9769
37.9553
Executive Secretary
21.7171
22.9115
24.1719
25.5010
26.9035
Fire Communications Centerapervisor
33.1351
34.9575
36.8803
38.9082
41.0485'
Fire Mechanic
28.2184
29.7704
31.4071
33.13_51
34.9574
Fire Prevention Technician
20.0828 ,
21.1873
22.3531
23.5825
24.8794
Hazardous Materials/Eire Inspector
41.311143.5834
_
45.9806
48.5094
51.1774
Junior Accountant
18.8925
19.9318
21.0276
22.1844
23.4045
KDB Recycle & Waste Coordinator
25.2340
26.6219
28.0861
29.6308
31.2605
Librarian
28.7267
30.3065
31.9737
33.7318
35.5813
Library Assistant
18.0075
18.9981
20.0432
21.1456
22.3086
Neighborhood Watch Coordinator
20.6642
21.8007
22.9997
24.2647
25.5992
Plan Checker/Inspector
31.9497
33.7067
35.5610
37.5160
39.5804
Police Records Supervisor
X28.9358
30.5273
32.2064
33.9778
35.8179
Principal Building Inspector
38.3490
40.4581
42.6833
45.0309
47.4970
Principal Planner
39.2612
41.4206
43.6988
46.1023
48.6396`
Program Coordinator �
19.8829
20.9765
22.1303
23.3476
24.6314
Program Supervisor
33.1351
34.9575
36.8803
38.9082
41.0485
Public Works Supervisor II
30.8560
32.5535
34.3436
36.2330
38.2257
Recreation Coordinator
18.3867
19.3978
20.4648
21.5905
22.7778
Recreation Supervisor
30.5890
32.2712
34.0467
35.9183
37.8949
Secretary
18.4945
19.5116
20.5851
21.7171
22.9115
Senior Account Clerk
21.7703
22.9677
24.2311
25.5633
26.9695
Senior Building Inspector
31.9497
33.7067
35.5610
37.5160
39.5804
Senior Code Enforcement Officer
29.0412
30.6384
32.3236
._
34.1011
35.9768`-
a
SeniorUbrariara
33.7298.
_ ..
35.5848
37.5421
39.6070
41.7852
Senior Library Assistant
19.5205
20.5939
21.7272
22.9215
24.1827
Senior Planner
36.2365
38.2297
40.3323
42.55_04
44.8852
Supervising Library Assistant
25.2031
26.5892
28.0517
29.5946
31.2220 -
Transit Coordinator
21.5905
22.7780
24.0307
25.3524
26.7472
Water Systems Supervisor II
30.8560
32.5535
34.3436
36.2330
38.2257
Water Quality & Environmental Specialist
30.8560
32.5535
34.3436
36.2330
38.2257
Position Title
A
B
C
p
E
Accountant
24.0659
25.3895
26.7860
28.2591
29.8132
Accounting Coordinator
21.4048
22.5820
23.8240
25.1344
26.5168
Administrative Aide
29.5962
31.2239
32.9413
34.7531
36.6643
Administrative Assistant
2.5988
24.8970
26.2661
27.7106
29.2351
Administrative Clerk 1
16.6691
17.5861
18.5534
19.5735
20.6498
Administrative Clerk II
18.5534
19.5735
20.6498
21.7863
22.9836
Ambulance Operator Coordinator
29.8039
31.4431
33.1726
34.9971
36.8924
Assistant Civil Engineer l
33.1656
34.9892
36.9140
38.9442
41,0864
Assistant Civil Engineer 11
35.4541
37.4042
39.4613
41.6318
43.9216
Assistant Planner
28.5486
30.1188
31.7751
33.5229
35.3665
Assistant Planner II
30.5250
32.2037
33.9751
35.8435
37.8152
Assistant Superintendent of Facilities & Maintenance
M
36.3738
38.3743
40.4847
42.7115
45.0604
Assistant Superintendent of Utilities
36.3738
38.3743
40.4847
42.7115
45.0604
Associate CivilEngineer37.9175
40.0031
42.2032
44.5244
46.9732
Associate Civil Engineer- Utilities
37.9175
40.0031
42.2032
44.5244
46.9732
Associate Planner
33.5350
35.3794
37.3255
39.3781
41.5429
Building Inspector
28.0158
29.5568
31.1826
32.8977
34.7071
Building Permit Technician
20.6853
21.8230
23.0237
24.2900
25.6258
Center Supervisor
31.5576
33.2933
35.1241
37.0562
39.0939
Executive Secretary
22.3686
23.5988
24.8970
26.2661
27.7106`
Fire Communications Center Supervisor
34.1291
36.0062
37.9867
40.0755
42.2799
Fire Mechanic
29.0649
30.6635
32.3493
34.1291
36.0062'
Fire Prevention Technician
20.6853
21.8230
23.0237
24.2900
25.6258
Hazardous Materials/Fire Inspector
42.5505
44.8909
47.3600
49.9647
52.7127
Junior Accountant
19.4592
20.5298
21.6585
22.8500
24.1067
KDB Recycle & Waste Coordinator
25.9911
27.4205
28.9287
30.5198
32.1984
Librarian
29.5885
31.2157
32.9329
34.7437
36.6488+
Library Assistant
18.5478
19.5680
20.6445
217800
22.9779
Neighborhood Watch Coordinator
21.2841
22.4547
23.6897
24.9927
26.3672
Plan Checker/Inspector
32.9082
34.7179
36.6278
38.6415
40.7678'
Police Records Supervisor
29.8039
-31.4431
33.1726
34.9971
36.8924:
Principal Building Inspector
_ 39.499441.6719
43.9638
46.3818
48.9219
,Principal Planner
40.4390
42.6633
45.0098
47.4853
50.0988'
Program Coordinator -
.---- - --------
20,4794
21.6058
22.7942
24:0481
25.3703
Program Supervisor
34.1291
36.0062
37.9867
40.0755
42.2799
Public Works Supervisor 11
31.7817
33.5301
35,3739
37-3200
39.3724
Recreation Coordinator
18.9383
19.9798
21.0787
22.2382
23.4611
Recreation Supervisor
31.5067
33.2394
35.0681
36.9958
39.0317
Secretary
19.0494
20.0969
21.2027
22.3686
23.5988
Senior Account Clerk
22.4234
23.6568
24.9580
26.3302
27.7786
Senior Building Inspector
32.9082
34.7179
36.6278
38.6415
40.7678
Senior Code Enforcement Officer
29.9124
31.5576
33.2933
35.1241
37.0561
Senior Librarian
34.7417
36.6523
38.6684
40.7952
43.0387
Senior Library Assistant
20.1061
21.2117
22.3790
23.6091
24.9082
Senior Planner
37.3236
39.3765
41.5422
43.8269
46.2317`
Supervising Library Assistant
25.9592
27.3869
28.8932
30.4824
32.1586
Transit Coordinator
22.2382
23.4613
24.7517
26.1129
27.5496
Water Systems Supervisor II
31.7817
33.5301
35.3739
37.3200
39.3724
Water Quality & Environmental Specialist
31.7817
33.5301
35.3739
37.3200
39.3724
DESIGNATED -TI AD HOC LUMP SUM PAYMENT
LAST NAME
FIRST NAME
POSITION
AMOUNT '
AGUIRRE
JENNY
NEIGHBORHOOD WATCH COORDINATOR
$ 250.00 '
ALEMAN
BRIAN
ASSISTANT CIVIL ENGR 1
$ 391.53
ALLEN
SHANNON
ACCOUNTANT
$ 250.00
ALONZO
BELEN
JUNIOR ACCOUNTANT_
$391.53
ANDERSON
CHRISTINA
SECRETARY
$391.53
ARREOLA
GUILLERMO
PRINCIPAL PLANNER
$ 391.53
BARAHONA
CINDI
ADMINISTRATIVE ASSISTANT
$ 95.00
BENSCHOP-GONZALES
'TRACY
FIRE COMMUNICATIONS CENTER SUP
$ 391.53
BOLAND"
TIMOTHY
BUILDING INSPECTOR
$ 391.53
BRACY
BIBIANA
PROGRAM COORDINATOR
$ 250.00
BRYAN
ROBERT
PUBLIC WOR KS SUPERVISOR II
$ 95.00
BURKHARDT
JENNIFER
POLICE RECORDS SUPERVISOR
$ 391.53
CATIG
CALVI N
ASSOCIATE CIVIL ENGINEER
$ 391.53
CERVANTES
MOMI
EXECUTIVE SECRETARY
$ 391.53
CIFUENTES
MONICA
BUILDING PERMIT TECHNICIAN
$ 391.53
COKKINOS
PHILIP
PUBLIC WORKS SUPERVISOR II
$ 95.00
DAILEY-
CLAUDIA
ADMINISTRATIVE ASSISTANT
$250.00
DELGADILLO
MONICA
EXECUTIVE SECRETARY
$391.53
ESPARZA
MONICA
SENIOR PLANNER
$ 391.53
GARCIA
ALEJANDRA
RECREATION SUPERVISOR
$ 391.53
GOMEZ
GERALD
PW SUP 11 / WATER SYS SUP II
$391.53
GONZALEZJR
JAVIER
LIBRARY ASSISTANT
$ 95.00
GUERRA
CARLOS
AMBULANCE OPERATOR COORDINATOR
$ 391.53
HERNANDEZ
ALFONSO
ASSOCIATE PLANNER
$ 250.00
JENNEY -
MICHELLE____
PROGRAM SUPERVISOR
$-250.00
JOHNSTON
DENISE
ADMINISTRATIVE CLERK II
$ 391.53
KIRBY
LEE
HAZARDOUS MATERIALS/Fl RE INS
$ 391.53
KORANDO
MARK
PLAN CHECKER/INSPECTOR
$ 391.53
LARNARD
MICHAEL
PRINCIPAL BUILDING INSPECTOR
'-Si250.00
LEE
SEOUNGSHIN
LIBRARY ASSISTANT
$ 95.00
LOCKWOOD
HEIDI
RECREATION SUPERVISOR
$ 95.00
MARTINEZ
SULEMA
JUNIOR ACCOUNTANT
$ 391.53
MEDINA
SARAH -
LEARNING CENTER SUPERVISOR
$ 95.00
MERCURIO
TIFFANY
ADMINISTRATIVE CLERK 11
$391.53
NGUYEN
KEVIN
ASSISTANT PLANNER
$ 391.53
NICHOLS
HEATHER
ADMINISTRATIVE ASSISTANT
$ 391.53
OCHOA
MAYRA
LIBRARIAN
$391.53
OKORO
AMAKA
ASSISTANT CIVIL ENGR 1
$ 391.53 'I
PETERSON
CHARITYE
FIRE PREVENTION TECHNICIAN
$391.53
RIDDLE
JASON
ASSISTANT SUPERINTENDENT OF FA
$ 391.53
RIVAS
LINDA
LIBRARIAN
$ 250.00
RIVAS
MARIA
ADMINISTRATIVE AIDE
$391.53
ROBERTSON
MATTHEW
WATER SYSTEM SUPERVISOR II
$ 391.53
RODRIGUEZ
GIGI
SECRETARY
$ 95.00
RODRIGUEZ
PAUL
BUILDING PERMIT TECHNICIAN
$ 391.53
ROWLAND
CAROL
KDBI RECYCLE & WASTE C00RDINA
$ 95.00
SALAS
DANNY
ASSISTANT SUPERINTENDENT OF UT
$ 391.53
SANATHARA
GAYATRI
LIBRARY ASSISTANT
$250.00
SODETANI
KIMBERLY
EXECUTIVE SECRETARY
$ 391.53
'THEDERAN
ASHLEY
PROGRAM COORDINATOR.
$250.00 -
'VALENCIA
SANDRA
LEARNING CENTER SUPERVISOR
$ 391.53
VAN RAAY
KATHLEEN
ACCOUNTING COORDINATOR
$391.53
WAGNER
SANDRA
!SENIOR ACCOUNT CLERK
$ 95.00
WILLIAMS
LYNETTE -__:SECRETARY
$ 95.00
WITHROW
KRIS
SECRETARY
$ 95.00
m