HomeMy WebLinkAboutResolution No. 21-8011 - Adopting the MOU between the City of Downey and the Downey City Employees' Association Maintenance Unit• 1 11LOUK01mil• •, • r•
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WHEREAS, the City of Downey,- - -r referred to _ • the Downey
RelationsEmployees' Association- Maintenance Unit hereinafter referred to as "MAINT" have met and
conferred in accordance with the requirements of the Meyers-Milias-Brown Act and Employee
• - and
WHEREAS, the City r the MAINT have memorialized the Agreement
Memorandum of Understanding.
"ILOws- - • • • •- • 0 •- -- - _ • -
SECTION 2. The Assistant City Manager and Director of Human Resources arz
authorized • sign the Memorandum of •- • •
APPROVED AND ADOPTED this 23rd day of March, 2021,
IDIA M. FRO TA, Wayor
l_' 9 11 =611
HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a Regular meeting held on the 23rd day of March, 2021 by the following
vote to wit:
AYES: Council Members.; Alvarez, Ashton, Trujillo, Pacheco, Mayor Frometa.
NOES: Council Member: None.
ABSENT: Council Member: None.
ABSTAIN: Council Member: None.
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THE DOWNEY CITY EMPLOYEEVASSOCIATION
► ► ►
fi arar�r�
ARTICLEI........................................................................................
.......... ........ ........> ....,.,.-. 1
RECOGNITION...........................................................................W
....,.... ........:.,......:........ 1
ARTICLEII................................................................................................ ........y .....,..:..,,...,. 1
NON-DISCRIMINATION..............................................................
..a,,.., . ,..,..,......,...... ,...,a,. 1
ARTICLEIII.....................................................................................:
;.,.,,.;....,..,a;........,;. ,......; 2
BASIC COMPENSATION PLAN ..................................................
................ ......,....... .....,.2
Section 1. Salary Increases..........................................................
................... .......a,. 2
Section 2. Plan of Salary Schedules ................................................ ...,.,,......,.,: 2
Section 3. Eligibility for Salary Advancement ............................
.............................. ..... 2
Section 4. Salary Schedule Step Reduction .............................
.......:.: ........:....... „b...,,,. 3
Section5. Longevity Pay ..........................................................
......... ................. ........ 3
Section 6. Mechanic Tools......................................................a
.....................,.:.; ....,... 3
Section7. Out -of -Rank Pay......................................................
...............:.................. 4
Section 8. Safety Work Boots.....................................................
.....................................:4
Section9. Acting Pay...............................................................
µ,...m.;......,,;; ...,.,.:, ......... 4
Section 10. Backflow Certification Pay (Education Incentive) .............:.........
................ 4
Section 11. Bonus Pay for Training .........................................
.....m,........... ..............,, 5
Section12. Bilingual Pay........................................................:........:.........................
5
Section 13. Water System Operator Certificate Pay ................
.................. ......,.,,-0,.,... 5
Section 14. Pesticide Applicator's License Pay .......................
,.,,,..;: .,.....,...,..M..:. 6
Section 15. On -Duty Training for Commercial Driver's License . ......... ......... .. 6
Section 16. Commercial Licensed Driver Pay ............................
......... ,..,.....,.H.....,. 6
Section 17. Calculating the Value of Special Compensation ....:...
.......„: .....-,: ,t .,,.,..,.,.,,,:. 6
Section 18. Uniform & Maintenance Reporting to CalPERS ...............
........... ................ 7
ARTICLEIV............................................................................ .........
.......::.......:,. ...........,..m,,: 8
WORKWEEK..................................................................... ............
..... .......<. ,.......,,..,,..e 8
Section 1. Work Schedule.......................................................
.......:. .......a.......,, 8
Section 2. Voluntary Reduction of Full -Time Hours ..................
........a ,.,.,,.. ,.a....;,..,.....:;8
ARTICLEV............................................................................. .........
........., ... ,..., ...,._...,.,,....,. 9
OVERTIME......................................................................... .......a,
....,..a, ......... .....,..:.,.,....,a 9
Section 1. Overtime Compensation .........................................
.......:........ 9
Section2. No Pyramiding........................................................
......... ........;.,..,,.,,;....,..,.. 9
Section 3. Overtime Policy.........................................................
........ .....y,e,:,.....,,;,9
Section4. Compensatory Time Off ......................................^~~-__-~-°~--,-~^--_~~-8
ARTICLE VI.............................................................................
��-`--a�--�--��°--*~�...... 9
COMPENSATION FOR CALLBACK -----------°
'9
Section 1. Call Back Duty ..................................................
.......... 9
Section2.Hours ..............................................................
.-,............ _1O
Section 3.Emergencies ....................................................
Section 4.Standby Duty ..................................................
._....... '_��_'_....... _���_�_,�O
ARTICLEVIy...................................................................................
_....... _~_°__~_.,_~... 10
HOL|DAYS------------------------'
...1O
ARTICLEVi|8..........................................................................
____ ... __.11
VACATION...........................................................................
_^,°.°-__.~~~~`.°~.......... ^._11
Section 1.Accruals ............................................................
�u����~~__`�_^~__�_�__11
Section 2.Accrual Limits ........................................................
...... ._`_,~______,...... i1
Section 3.Vacation Approval ..........................................
......
Section 4.Vacation Pay -Out ...........................................
,12
Section 5.Accrual Calculation ............................................
-~~-_°,.___°__^_~~___-...... 12
Section 6US�C�V8C8�|mn
� -�'-'---�-�---'--''_�.^�-��--���-_�~�-�`�~^��.
12
ARTICLE|X............................................................................
=_°,_~__^__`......... ...... ,~_~,.'12
NON -PAID LEAVE C}FABSENCE .............................................
__............ _........ ~_.-^-..~12
Section 1.Leave ofAbsence Without Pay .........................
^...... ___~~12
Section 2. Health Insurance Pnmnn|unns ..............................
~,-.-12
Section 3 Written N��|oe of Return
� '-'---'-,-��---_.��-��a_~---,-'"����'_-
12
SecUon4.C>uhaideEnnn|oynnentWh|leonLeave---''.
_°~~^=,_'~°~"13
Section 5. Unpaid Leave and Accumulation OfBenefits ..... 13
ARTICLEX...............................................................................
��---^-`-,^-'-r_----.-~-_-.... .A3
SICKLEAVE .........................................................................
°`~
Section 1.Sick Leave Accruals ........................................
.............. �
Section 2. Use of Protected Sick Leave ............................
--~~~~-_^,_~,^.~~°==`,~^13
ARTICLEXI .............................................................................
5
OTHER USES (]FSICK LEAVE ..........................................
-__ J5
Section 1.Sick Leave Conversion 8kRetirement nr
Death _____............ ,._,�_~,15
Section 2.Sick Leave Conversion toVacation .................
-...... _15
Section 3. Bereavement Leave ...........................................
._-__~_,_.__r=,,_~_°°=_,15
Section 4.Personal Leave ................................................
-~__._.~-_-~°.~_^._..... ..... 15
Section 5. Employee Disability Leave ...............................
_^.�r_._.-....... ,__.,1O
OTHERLEAVES..................................................................................... ......:„.........„...„,.,.17
Section 1. Workers' Compensation - Injury on Duty Leave ...................... ........e.......,.17
Section 2. Military Leave............................................................................:. ,....... ..,.:.18
Section3. Jury Duty.........................................................................................................18
Section 4. "Child -Related Activities" Leave .......................................... .......... „.....,.. .......18
Section 5. Consultation of Human Resources ............................................
ARTICLEXII............................................................................................... ...w.„,.a ...,...,......;.19
FRINGE BENEFIT ADMINISTRATION............................................................... ......: ..........19
Section 1. Administration........................................................................... ... ............... :.19
Section 2. Selection and Funding.................................................................. .........„,. _.19
Section3. Changes...................................................................................„.::..,.„,„,n„.......19
ARTICLEXIV.......................................... ........... ....M.„ ,.......r..„.. „,...„ .. ,.....,,..._:.......;..,.....19
MEDICAL, DENTAL AND OTHER INSURANCE.................................................................19
Section 1. Medical Insurance ........... ................:.................... ............ ......... .....: ,......:.19
Section 2. Dental Insurance.......................................................................... ...................20
Section 3. Life & Accidental Death & Dismemberment (AD&D) Insurance,,,,.,,, ... ____—.20
Section 4. Long Term Disability Insurance .................................................... ........e.„,,.,:,„.21
Section 5. Employee Assistance Program(EAP)...................................... .....:.............. __21
Section 6. IRS Section 125 Benefit (Cafeteria) Plan ..................................... ......„.......... ....21
ARTICLEXV............................................................................................................„...,......_..21
RETIREMENT................................................................................................... ..........,..., P.21
Section 1. California Public Employees' Retirement System Coverage ...,,..,w ...
21
Section 2. First Tier Retirement Formula....................................................::.. .„„.„.,...,.,„ _21
Section 3. Second Tier Retirement Formula.............................................„...:,,.,„......,..,.,,.22
Section 4. Third Tier ("PEPRA" Tier) Retirement Formula ............................. ...............,._23
Section 5. Survivor/Death Benefits...............................................................:.... .„„...........
23
Section 6. City Retiree Medical Contribution ................................................. _...,.......,..23
ARTICLEXVI................................. ................ ........ ........... .....„..,.......... _..... .,... ............ .,.24
TUITION REIMBURSEMENT........................................................................„.; .y.,.....„„,.....24
Section 1. Reimbursement Rates.............................................................................„..„...<.24
ARTICLEXVII..................................................................................................,„.,. ......_.n.24
PROBATIONARY PERIOD .............. ............................„..........,...;........ ................24
ARTICLE XVIII ............................... ........ .......,a ......... ............,.„..;., ...,..:.........:, .,.....„........25
SENIORITY...................................................................................................... .........„....,,,.25
Section 1. Seniority Date........ ....„.,,.....a..., ,....„„,, ..,...,.„ .,„.......................„ .........,....„„.25
Section2. Layoffs.....................................................................................„,..:; .....„,.,....„ti..25
Section 3. Loss of Seniority Rights ...................................................
.... ..................26
Section 4. Re -Employment List .........................................................
........ .......__...< .26
Section 5. Layoff Notice and Severance Pay ...................................
,,.....,...,.,a,.: _.,,,..26
ARTICLEXI....................................................................................
........::...... ........ ...............26
CITYRIGHTS...............................................................................
................... .................26
Section 1. Management Rights .......................................................
...............:a.26
Section 2. Exercise of Management Rights ........................................
..,............,.27
Section 3. Contracting Out ........................................................
....._ _..... ____27
ARTICLEXX ....................................................................................
......... ........: ........:......:.28
EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES.....................
....... ___28
Section 1. New Employee Orientation .............................
....... .........a.,., ..... .................28
Section 2. Dues Deductions ............................................
................... r....... ......, ,... —.28
Section 3. Release Time ....................................................
Error! Bookmark not defined.
Section 4. Maintenance of Membership ................................
..._.28
Section 5. Indemnification...................................................
a,...,.a. ,....§..,......,.28
ARTICLEXXI ..........................................................................
.............a.,:, ..,,__ ..._., ;.,.,._29
NO STRIKE - NO LOCKOUT ..................................................
.®.n..:F......,.,...,...._29
ARTICLEXXII .........................................................................
.............. ... .y....,.. a....,..,,....._29
GRIEVANCE PROCEDURE ....................................................
___ ........ ................. .........:.29
Section 1. Grievance..............................................................
........_. ,...._,..,.,_...,_29
Section 2. Conduct of the Grievance Procedure ............................
.... .......,,..,.. ,,......,....30
Section 3. Grievance Procedure Steps ....................................:.
.......:. ..,.,.... ....::,...,.y.30
ARTICLEXXIII ...................................................................................
........ .......n..F,.....,.....,.31
MISCELLANEOUS......................................................................
: ........ ................ :.m.,,.,.31
Section 1. Substance Abuse Policy ...................................................
.......... ............ ...31
Section 2. Lateral Transfer and Promotional Recruitment.....,,,.;..
.... ..... ..............:.P,.,,,,.,34
Section 3. Labor -Management Committee .........................................
......o,....,,..,..,.,,.:.35
Section 4. Leave Entitlement.............................................................e
...,,,.,, ...,............,35
Section 5. Court Referrals...................................................r..w
; .,,,.,.:; .,,...,n....,...:,...._.35
Section 6. American with Disabilities Act ...............................
___.....,; ..,....._ .,,......,,,..,,..35
ARTICLEXXIV ...............................................................................:
.......... .....................,..36
REOPENER................................................................................n..........
.....,..;..,.,..:,........36
ARTICLEXXV ................................................................................_
,. ......,,,..,...... .,....,,,., __36
SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING...................r..u..,......,,...,..;:36
ARTICLEXXVI ...............................................................................
a .,...,:,_ ........; ....,,.:..... __.36
WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT... .... .... __36
iv
ARTICLE XXVII ..........................................................................................
.......... .--........... 36
EMERGENCY WAIVER PROVISION...............................................................
......... .....a... 36
ARTICLEXXVII ..........................................................................................
..........................7
SEPARABILITY....................................................................................................
W.....-........ 7
ARTICLEXXIX ............................................................................................................--.......
7
TERM OF THIS MEMORANDUM OF UNDERSTANDING .....................................
....,.. —.,.
ARTICLEXXX .....................................................................................................
...w........,....
RATIFICATION AND EXECUTION.........................................................................
....... --3
EXHIBIT A.......................................................................................................................w........
39
CLASSIFICATIONS REPRESENTED BY THE DOWNEY CITY
EMPLOYEES'
ASSOCIATION - MAINTENANCE UNIT...........
EXHIBITB .................................................................: ......................
..-........;.....a,..;a,,....... 40
PAY SCHEDULE EFFECTIVE MARCH 22, 2021 ..................
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PAY SCHEDULE EFFECTIVE MARCH 21, 2022...., ...e....: .......:..........
....Ax,,; ..,.,. ,..,...,..
Tu
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY AND
THE DOWNEY CITY EMPLOYEEVASSOCIATION - MAINTENANCE UNIT
Pursuant to the provisions of the Employee Relations Ordinance No. 394 and the
Supplemental Employee Relations Rules and Reou|odOno of the City of Downey, the City of
Downey (hereinafter called the "City") has recognized the Downey City Employees' Association -
Maintenance Unit' (hereinafter C8||ed the ASSQCi3UDn.) as the exclusive representative of
employees in the Maintenance Unit which includes the classifications described in Exhibit A.
The City has recognized the Association for the purpose of meeting its obligations under the
W1eyers—&0i|iae-Brown Act, Government Code Section 3500 etc. seq. and the Employee
Relations Resolution of the City when City ru|eS, regulations or laws affecting wages, hours Or
other terms and conditions ofemployment are amended orchanged.
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 35Q0and 3511.
Section 2.The Association and the City agree not todiscriminate against any employee
with respect to ranruding, hiring and promotion based upon race, sex, neUgion, color, national
origin. ancestry, age or qualified physical handicap. All decisions with respect to recruiting,
hiring and prOnn0UOn ShG|| be based upon an individua|'s qualifications, as related to the
requirements of the position being filled. The Association and the City further agree that other
personnel nnattenS, including but not limited to, Sonnpen8ation, benefits, transfers, |ayoffs, r8Ca||
from |ayoffs, training, education and social and recreational programs mhe|| be administered
without regard to raca, man, na|igion, co|or, national or|gin, anceatry, age, or qualified physical
handicap. The Association further agrees not to discriminate against any member or applicant
for membership on the basis of raoe, sex, religion, color, national origin, anceetry, age, or
qualified physical handicap.
The City encourages all employees to treat one another with dignity and respect.
Hmnanonmerd of fellow employees is a violation of City policy. No enno|oynnert decision may be
made based upon an employee's submission to or rejection of such conduct. Any employee
who believes that he is the victim of such harassment, whether sexual, racial, ethnic or religious,
is required immediately to report the conduct to a aupen/isor, the department head or the
Human Resources Director. Any employee who engages in such conduct is subject to
disciplinary action, including immediate discharge.
Section 3. Whenever the masculine gender is used in this Memorandum of
oil' 9101
A. Employees in classifications covered by this Memorandum of Understanding as
referenced in Exhibit A shall receive pay increases based on the following pay range
1. Effective the start ofthe pay period that includes April 1.2O21.atwo percent
(2%) across the board base pay range increase.
2. Effective the start ofthe pay period that includes April 1. 2022. atwx} percent
(2%) across the board base pay range increase.
A. The pay plan consists Ofa set Qfmonthly salary schedules. Each Sfsuch schedules
is designated by m schedule number. Each schedule consists of five (6) steps of monthly
compensation, each of which is designated by step letter.
B. For payroll purposes, the hourly equivalent ofamonthly rate shall becomputed by
dividing twelve (12) times the nnOnthk/ rate by (52) times the number of working hours
per week.
1. Salary step increases shall beconsidered onamerit basis only, and then only at
the following times, and in accordance with subsection B below.
All full time appointments shall be made at the first step of the salary schedule
assigned that deae, unless prior written approval of the City Manager is obtained
for appointments atg higher step |nthe assigned schedule.
3. No em|mry advancements shall be made so as to exceed the mna:Wnnu,n rate
established in the salary schedule for the class to which the employee's position
is allocated.
1i Advancement shall not baautomatic but, shall be based upon merit, dependent
upon increased service value of an employee to the City as exemplified by
recommendations of his supen/ioor, length of eonvioe' performance record,
special training undertaken, and other objective evidence.
Only employees rated as meeting the standard of fully effective work
performance shall be qualified to advance to the salary steps B, C, D and E.
Even/ employee shall receive an obient|wa, written job performance roting, no
sooner than twenty (20) working days before, no later than ban (1[) working days
before the date of eligibility for each salary step, merit longevity or hourly
increaee, and annually theneafter, and upon a change of employment status.
Nothing in this section shall prohibit the department head from authorizing a
supervisor to 0|xe an additional objective rating to an employee between those
periods oftime described inthis section.
2.|tshall 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 eupan/ioor, which
rating shall bereviewed bythe department head.
Section 4. Salary Schedule Step Reduction. Whenever an employee's vvod«
performance falls below the level for which a step increase was granted, on employee's
authorized pay may be reduced to the employee's previous step rate under written procedures
established by the City for demotions and reduction in pay.
A. Eligibility. As eedv on at least July 1. 2011. regular employees who have completed
ten (10) and twenty C20\ years ofservice with the City of Downey have and oheU continue to
receive longevity pay adjustments as follows:
0years 5.500%
Longevity pay is effective the start of the pay period that includes the ten (10) or twenty
(20year anniversary date. Such pay ienot cumulative.
B. Qualification for Merit Longevity Lump Sum Payment. Employees covered under
the First Tier Retirement Formula as outlined in Article %V Section || who receives or will receive
Longevity Pay shall also qualify to nacaiwa a one-time annual Merit Longevity Lump Sum
Payment in connection with their annual evaluation pursuant to Administrative Regulation 436 in
which their performance evaluation rating ie"meets standards" or above. The Merit Longevity
Lump Sum Payment value ieseven hundred fifty dollars ($75Q.00).
Section 6. Mechanic Tools. If tools provided by the Mechanics are lost due kzfire ur
verified burg|ary. Ulan the City ahoA replace said tools. The Police Department would provide
verification of burglary, after review of appropriate evidence.
Each Mechanic aheU be reimbursed for the purchase of tools up to an annual budget
limit. Effective January 1' 2009. the annual budget limit for the purchase of tools nh8U be one
thousand dollars ($1.000.00). A1the earliest possible time after purchone, the employee shall
c|oinn reimbursement for approved tools by submitting an itemized receipt. The department heed
shall expeditiously authorize such reimbursement for approved tools. Approved tools shall baof
3
e high quo|itv, bearing a brand name that is recognized throughout the industry and approved
by the department head (e.g.. 800n*Craftennan. Proto, Snap -On).
Section 7- Out -of -Rank Pay. To aeeuna the orderly performance and continuity of
municipal services, the City may temporarily assign employees to perform certain duties that are
outside of their job description. Such duties are generally associated with the employee's
possession of specific knovv|edge, ability or skill to perform such duties. The selection of an
employee for enout-of-rank assignment shall be atthe discretion ofthe department head orhis
designee. Five and one-half percent (5.596) above the base hourly rate of pay shall be paid to
on employee authorized to receive out of rank pay beginning with the start of the payroll period
that includes the date upon which out of rank duties are assigned. Paid holidays shall be
considered as days actually worked. Other forms of authorized leave such as sick |eave,
emergency leave and vacation shall not be considered medays actually worked. An employee
who receives out -of -rank pay will continue to receive any salary premium amounts (lqngevitv,
certificate poy, etu.), will maintain their existing benefite, and will receive any general salary
adjustments provided toemployees with the same classification.
Section 0. Safety Work Boots. Effective the start of the pay period following City
Council adoption of this Memorandum of Underetending, covered maintenance employees in
the Public Works Department and Community Development C)epartnnento, other than those
onmxxe listed below shall be reimbursed for the purchase of approved safety work boots up to an
annual budget limit of $200.00. Effective the start of the pay period following City Council
adoption of this Memorandum of Understanding, covered employees who work in the park crew,
street orevv, the vvmher distribution opavv, nnenhanioe, and the water supply crew shall be
reimbursed for the purchase of approved safety work boots up to an annual budget limit of
$240.00. Such reimbursement oho|| be made upon presentation by the employee of an itemized
receipt showing that work boots, meeting City safety re4uinennmnta, have been purchased.
Maintenance employees shall wear work boots meeting safety requirements at all times while
on duty. The City agrees to permit a one-year carry over of the boot allowance at the
employee's option to cover the purchase of boob* in excess of the budget limit. Effective
November 10. 2009. an employee may use any unused amount of the annual boot a||ovvencm
towards the purchase of products for the care and maintenance of safety shoes such as
repellent sprays, po|ieh, ohoa|eoea, and insoles.
Section 9. Acting Pay. An employee who has been designated by the City to serve in
an acting assignment shall receive Step A of the range for the classification in which the
employee ieperforming active duties orfive and one-half percent (5.596).whichever iagreater.
An acting assignment in temporary and requires that the assigned employee nnmeto the
qualifications for the classification assigned and performs all duties regularly assigned to the
higher classification. The selection of an employee to serve in an acting assignment shall be
authorized by the department head and nho|| take effect with the start of the payroll period that
includes the dote upon which the acting assignment was authorized by the department head.
Service in an acting assignment shall not be used as o basis for, or in support of, a request for
reclassification. An employee who receives acting pay will continue to receive any salary
pnBnniunn amounts (|0ngevity, certificate pay, etc.), will maintain their existing benefits, and will
receive any general salary adjustments provided to employees with the same classification.
Section 10. Backf1low Certification Pay (Education Incentive). The Director ofPublic
Works shall have the authority and discretion to provide and/or eliminate Education Incentive
(Beckƒ|ovvCertification Pay) to any covered employee up to budget authority for successfully
completing and maintaining the Los Angeles County Certified Baohfom/Tested Certification.
Approved employees with the Certified Bachfovv Tester Certification shall receive e salary
additive of five and one-half percent (5.596) above the employee's regular rate of pay.
Employees shall |nnmnad|etm|y notify their supervisor if they have |Q8t their certification for any
reason.
Section 11. Bonus Pay for Training. At the department head's discretion, enemployee
who is assigned by the department head to train new employees maybe paid an amount equal
to two and three-quarters percent (2-3/4%)ofthe appropriate range |nthe salary schedule fora
nnaminnumn period of twelve (12) months. To be eligible to receive the bonus pay for training, an
employee must be specifically assigned to m trainee by the department head. A trainer will
receive the extra stipend for hours scheduled and worked in a training capacity.
Section12. Bilingual Pay. Employees required to speak ortranslate Spanish as part of
their regular duties will be compensated seventy dollars ($70.00) per bi-weeklypay period in
addition to their regular salary. The employee's department head has the authority and
discretion to assign and/or nannoxe this bonus up to budget authority. To be eligible for this
ooeignnnent, the employee must pass o conversational examination administered by o court
certified interpreter, or an employee who has been certified by the Human Resources Director to
administer such examination.
Section 13. Water System Operator Certificate Pay. Effective the first pay period
following City Council adoption Of this MC)U' employees who are assigned to the Utilities
Division 8h8|| receive additional compensation atthe following rates of pay upon attainment of
the following California Water R8SOurC8S Control Board and California Water Environment
Association certificate series:
A. Certificate Level | Pay - An employee who obtains and maintains evo|id Distribution
|. Treatment | or o California Water Environment Association (CVVEA) Collection 8votenn
Maintenance | certificate shall be eligible to receive Certificate Pay at the rate of one hundred
and fifteen dollars ($115.0O) per month.
B. Certificate Level KD Pay - An employee who obtains and maintains a valid
Distribution ||. Treatment ||, or 8 California Water Environment Association (CVVEA) Collection
System Maintenance || certificate aho|| be eligible to receive Certificate Pay at the rate of two
hundred and sixty-five dollars ($265.00) per month.
C. Certificate Level |yK Pay - An employee who obtains and maintains a valid
Distribution |||. Treatment |||. or @ California Water Environment Association (CVVEA) Collection
System Maintenance ||| certificate shall be eligible to receive Certificate Pay at the rate of two
hundred and ninety-five dollars ($2S5.00)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 CVVEA Grade || or
higher certificate in a series other than the one compensated in A-C obove, shall receive an
additional thirty dollars ($3D.0O) per month.
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 eswell moadditional appropriate personnel action.
Section 14. Pesticide Applicator's License Pay. Effective January 2. 2006. the
Director of Public Works shall have the authority and discretion to provide and/or eliminate
Pesticide Applicator's License Pay to any m»wenad employee up to budget authority. Employees
who are no assigned and qualified ahe|| receive Pesticide Applicator's License Pay of one
hundred dollars ($100.00) per month above the employee's regular rate of pay. The Director of
Public Works has the discretion to establish appropriate selection criteria and job responsibility
related tothis special pay.
Effective April 24, 2018, this provision shall be clarified to include employees who are so
assigned in the Utilities Division. This provision shall also include reimbursement or payment of
the pesticide applicator's license fee and annual nnmt for membership in the Pesticide
Applicator's Professional Association (PAPA) as authorized by the Director of Public Works.
Section 15. On -Duty Training for Commercial Driver's License. The City shall
continue to provide on -duty training to e non -probationary employee to assist him attain or
maintain the required commercial driver's license and endonaennent(n). Training shall be
scheduled accordingly within the regular schedule of operations and shall be based on the
availability ofresources toconduct the training.
Section 16.Commercial Licensed Driver Pay. Effective the start ofthe first pay period
following City Council adoption of this K8ennon3ndunn of Underatand|nA, an employee who
possesses and maintains a valid Class A or Class B Commercial Driver's License will be
compensated as follows:
ClassA— dollars ($7 .00permonth
Class B — Twenty-five dollars ($25.00) per month
It is the responsibility of the employee to maintain o valid COnnnlerCia| Drivers License
under this provision to qualify for this pay. Should an employee receiving Commercial Driver's
License pay no longer maintain a valid qualifying |ioenee, he must contact Human Resources
immediately to provide notification.
Section 17. Calculating the Value of Special Compensation (Spec Comp).
Beginning or earlier than July 1, 2011, the values of the following special compensation items
are om|ou|atad using a compounding method that cm|ou|oteu them in the following order: (1)
Longevity Pay; (2) Bechf|om/ Certification Pay (Education Incentive). Any other special
compensation items are not included |nthe compounding calculation.
If the employee receives one or more of the special compensation items subject to
compounding referenced above, the one that is highest in the order above is calculated first, as
the applicable percent ofthe base hourly rate ofpay. For each additional special compensation
item onthe 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
A
compensation items already calculated under this method.
An example of the calculation method fora Water Systems Operator U who works eighty
(80) hours in a two week pay period is as follows:
Employee Base Hourly Rate $23.539O Reportable Earnings @O0Hours $1.883.18
1. Longevity Pay (8.4D2O96) Spec Comp Earnings $ 158.22
2. BachOoxvCertification (5.596) Spec Comp Earnings $ 112.28
(Education Incentive)
Section 18. Uniform & Maintenance Reporting to CalPERS.
A. The monetary value for the purchase and/or rental and maintenance of uniforms
through City -contracted uniform providers is reportable to Ca|PERS as "special compensation."
This excludes items that are for penewno| health and safety such as protective garments and
safety shoes. In accordance with the Public Employees' Pension Reform Act (Government
Coda Section 7522 et. seq.) the reporting of uniform and maintenance value as "special
compensation" for CalPERS members hired on or after January 1, 2013 is prohibited.
B. Upon hire the City will provide up to the following number of uniform components to
employees in the following Divisions:
Maintenance & Facilities: 11 Shirts; 11 Pants/Shorts; 1 Rain Jacket 6k Pant Sot;
1 Sweatshirt; 1 Jacket; and, 1 Hat/Bennie
Ub|Ubee: 11 Shirts; 11 Pants; 1 Sweatshirt; 1 Jacket; and, 1 Hat/Beanie
Transit: 5Shirts; 4Pantm/Shorte; 1 Jacket; 1 Hab^Jomr
The City shall provide uniforms for any employee required to wear uniform in the
course of his regular kjob duties. Upon the recommendation of the immediate supervisor, on
employee may be approved for uniform nap|eoenxant of any uniform component(s) based upon
normal wear and tear or if damaged or destroyed in the discharge of the employee's regular job
duties.
C. The parties agree that effective 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(o)(5) of the Ca|PER8 regulations. The amount
reportable for the purchase and/or rental and maintenance of uniforms is based on the average
annual cost paid for by the City for each employee over the previous three fiscal years (FY
2014-2015. FY2015-2010. and FY 2016-2017) and shall not exceed four hundred dollars
($400.00). The annual amount shall be reported on a per bi-weekly pay period basis.
7
A.The ^9/80" schedule provides eighty 00hours of scheduled work in a two -week pay
period. Employees are scheduled to work eight (E) nine (Q) hour shifts and one (1) eight 88 hour
shift in a two week pay period. There is one alternating day off in the work schedule. The
alternating day off is Friday. The work week for FL8A overtime purposes shall start (4) four
hours into the nine (8) hour Friday shift. Management shall maintain the right to schedule
employee's work days, start and end times, establishing FL8Avvorh weeks, etc.
B. Employees with hardships may request to their department head to be assigned the
five (5) eight (8)hour shifts per work week for eighty00houmofocheduledworkin8two (2)
week pay period. The work week for FLSA overtime purposes for this schedule shall start at
12:01 a.m. Monday and end at 12:00 a.m. Sunday. If the request is denied, the Association and
City agree that the only appeal shall be to the Assistant City Manager. The decision of the
Assistant City Manager shall befinal with nofurther appeal.
A.Adepartment head may grant arequest from mfull-time employee to reduce their
work hours below forty (4K) hours in G work mxaeh. Employees may request reductions of up to,
but not to exceed, sixteen (1O) hours in o two (2) week pay period. This Section shall not apply
to employees who request reductions of more than sixteen (16) hours in a pay period.
B. Employees who participate in this voluntary program nheU maintain their status of
"full-time" with all the nomne| rights and privileges that status holds unless specifically altered by
this section.
C. Employees who are granted a reduction shall have salary reduced in proportion to
the reduced hours or shall be paid for the actual hours worked.
D. The City shall continue contributions to medical benefits as outlined in this MOU,
E. Leave time benefits such as vacation, sick leave and ho|idoye, ohoU be reduced in
proportion to the hours worked.
F. All approved programs shall begin on the first Monday in the month that begins a pay
period. Employees approved for this program nhoU be required to remain on the reduced
schedule for a1 least two (2) pay periods. Ennp|oymme ahe|| only make two (2) requests/changes
per fiscal year.
G. Nothing in this 8eCUDn Sh8A diminish nnonGgenngnt rights to schedule working hourS,
starting dnnaa, the number ofhours worked, nor right to refuse requests; nor other rights as
previously reserved.
CTZIR41111140
Section 1' Overtime Compensation. Overtime may be compensated in time off or
money. Employees assigned to vvodx overtime shall have the right to be paid nnoney, unless the
form of compensation time off has been discussed in advance. All approved overtime worked by
an employee in excess of forty (40) hours in the employee's work week shall be paid at the rate
of one and one-half (1.5) the employee's regular hourly rate. All non -statutory overtime ohs|| be
paid at one and one half times the regular rate of pay, as defined in the FL8A, except that cash
received by employees who opt out of health insurance ehe|| not be included in those
calculations. K8gnogennont may inform ennp|oyoee, prior to the performance of the vvurh, that
only "compensatory time" is available. In this inatance, employees nho|| 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 becompensated more than once for the same hours under any provision of
this Agreement.
Section 3. Overtime Policy. It is the policy of the City that overtime work is to be
discouraged. Hwxvever, in ooneo of emergency or whenever public interests or necessity
requ|rem, any department ordivision head may require any employee in such department or
division to perform overtime work. The City shall assign overtime on o fair and equitable basis
and shall establish o system of rotation of overtime. The City agrees to implement and update to
the current Policy to insure that overtime assignments and assignment of the stand-by pager in
the Utilities Division are rotated ennVng qualified penaonne|, provided that such system aho||
guarantee the integrity of the City's ability to perform services with adequate available
manpower. The projects and types of work for which overtime may be authorized shall be
approved in advance by the City K8onager, except in the event of emergency, overtime is
authorized bythe department head orhis designate.
Section 4. Compensatory Time Off. Where e|ected, compensatory time off is provided
at a rote of one and one-half (1.5) hours for each overtime hour worked. The nnoxinnunn
compensatory time off an employee may accrue is two hundred forty (240) hours (up to one
hundred six1y(16O) overtime hours worked) in accordance with the Federal Labor Standards
Act (FL8A). Effective upon oducdiun of this Memorandum of UnderetandinQ, any compensatory
time off hours earned in lieu of overtime pay that are in excess or will exceed the FLSA
maximum, shall be paid out at the overtime rate and an employee shall not be allowed to accrue
compensatory time off until earned compensatory time off hours fall below the FLSA maximum.
Unused compensatory time off hours shall be paid out upon separation from
employment at the higher of (a) the employee's average rate of pay for the final three years of
employment, or (b) at the employee's final regular rate of pay.
E&A t I" =VJ
Section 1.Call Back Duty. Employees covered by this Agreement who are called back
9
to duty from off duty to perform work outside their regular work schedule shall receive and be
paid for e nnininnunn of two and six -tenths (2.6) hours at the rate of one and one-half (1.5) the
regular rate of pay. Employees shall be entitled to oa|| book pay in the event the employee is
required to report back to work after completing his regular work nh|ft. left City pnern|neo, and/or
the employee work location. In accordance with FL8A, actual hours worked, including travel
from home to the call back location shall be counted toward the computation of overtime pay. As
approved by the Division Mmneger, an employee who is able to handle the incident by phone or
other electronic means without having to report to duty may be compensated according to the
same call back provisions.
Section 2' Hours. If an employee is ne||ed book in |eea than four (4) hours before the
start of their regular work ahift, the mnnp|nyae shall be paid for the hours actually worked. Such
hours shall becounted toward the computation ofovertime pay.
Section 3. Emergencies. In cases of emergency or whenever public interests or
necessity requires, any Department or Division Head may require an employee in such
department or division to perform work at times other than their regular work schedule.
Section 4. Standby Duty. An employee who is released from active duty but who may
be required by the Division Manager ordesignee to leave notice where they can be reached
and be available to respond to active duty at a time other than their regular work hours shall be
said to be on standby duty. An employee who is assigned standby duty and in called back shall
receive pay in accordance with Article V|, Section 1. Emergency oe|| back for employees not on
standby shall be rotated among all qualified unit members. The City may, at its diocret|on,
establish eligibility criteria based on known ahi||e, classification and distance from the workplace
for standby duty. During standby duty, the employee is expected to beable to respond and
perform assigned duties in a satisfactory manner. The City reserves the right to na|| back an
employee nearest the emergency site when time ieofthe essence.
Section 1.Employees covered bvthis Agreement shall receive eight (B)hours ofpay for
each of the following holidays:
1. New Year's Day
2. Martin Luther King'sBirthday
3. Washington's Birthday (Pnaoident'sDay)
4. Memorial [)ay
5. Independence [}ay
0. Labor [}ey
7. Veteran's Day
8. Thanksgiving Day
3. 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
Utt
eheU receive eight 0B hours of compensatory time at straight time. When a holiday falls on a
day on employee is scheduled to work nine QA hours, and the employee takes the day off. the
employee shall add one (1) hour bvchoosing veoeUon, compensatory time, personal leave, or
time without pay. Sick |oavo, other than personal |eave, may not he used to supplement the
holiday hours.
Section 2' When o holiday falls on o 8e1unday, the preceding Friday will be observed as
the holiday. When a holiday falls on o Sunday. the following Monday shall be observed as the
holiday. When Christmas Day falls on a 8aturdoy, the day before Christmas oho|| be observed
on the previous Thursday. When Christmas Day falls on e K8onday, the day before Chr|etnnoa
shall beobserved onthe previous Friday.
Section 3. When on employee works on m holiday (the day City Hall obsen/en), the
employee shall receive holiday pay that shall be eight (8) hours of pay at the employee's regular
hourly rate of pay; together with overtime pay of one and one-half (1.5) tinnaa the employee's
hourly rate of pay for each hour worked on the holiday. When an employee works on the actual
holiday (when the holiday is obemn/od as City Hall closure on another day), the employee will
receive the premium pay above, unless the employee was paid premium onthe day the holiday
was observed.
Section 4. Should one (1) of the holidays listed above fe|| during the employee's
vacation period, the employee shall receive holiday pay and no charge shall be made against
the employee's accumulated vacation.
A. Employees covered by this Agreement shall accrue vacation leave pay on the
following scheduled basis:
Year of Service Hours Per Year MonthjyAccrual
0-3
80
67 Hno.
4-5
96
8.0 Hrs.
0-10
120
10.0Hro.
11 —15
136
11.3Hro.
Section 2. Accrual Limits. Vacation shall be taken at the convenience of the City with
the approval of the department head. Where poeeib|e, such vacation should be taken annually
and not accumulated from year to year. All eligible ennp|oyaee, hovveVer, ehe|| only be o||ovved to
accumulate vacation in an amount equal to two dnnea their annual accrual rate ("Maximum
Accrual"). Once Maximum Accrual is reached. it is intended that employees not beentitled tn
accrue additional vacation until the amount ofaccumulated vacation is reduced to a level below
K8oxinnunn Accrual. If the employee is prohibited by the supervisor from taking the employee's
vacation because of staffing shortages or operational naed, the employee shall be paid for the
11
period of advance authorized vacation. Such vacation shall be approved by the department
head and paid at the employee's regular hourly rote of pay in effect for the scheduled period of
vacation.
Anemployee will not beallowed toaccrue vacation that exceeds the Maximum Accrual
until the vacation falls below the Maximum Accrual.
Section 3. Vacation Approval. The department head shall make every reasonable
effort to accommodate the employee's request to take vacation and avoid any vacation accrual
that exceeds or continues to exceed K8axinnunn Accrual. Any vacation taken under this Section
shall be on a date mutually agreeable to both the department head and the employee.
Section 4' Vacation Pay -Out. When an employee who has become entitled to receive
vacation under this Article separates from City service, either by retirement, permanent layoff, or
ternn|not|on, the employee ahm|| be entitled to be paid for unused earned vacation at the
employee's regular hourly rate of pay in effect etthe time of separation.
Section 5. Accrual Calculation. Vacation mhm|| be accrued on a monthly basis by
dividing twelve (12) into the number of eligible vacation hours per year, as set forth in Section |
above, to which the employee is eligible to receive based upon the employee's years of service
with the City.
Section 6. Use of Vacation. An employee may use vacation hours to avoid the |oaa of
pay for hours absent from the jnb, provided the employee has already accrued the vacation
hours. This does not preclude the employee from being disciplined if the absence from the job is
not approved. is unjustified, or otherwise is in violation of City policies and practices.
Section 1. Leave of Absence Without Pay. The City Manager may grant e permanent
employee e leave ofabsence for a specific purpose, without pay, fore period not to exceed up
to one (1) year. The City Council may, upon recommendation of the City Manager, grant
permanent employee e leave ofabsence for m specific pu,pose, with pay, not to exceed one (1)
year. No such leave shall begranted except upon written request ofthe employee. Approval
shall beinwriting and ecopy filed with the Human Resources Office of the City. Upon expiration
of regularly approved |emve, the employee oha|l be reinstated in the position held otthe 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 o voluntary resignation. Except as may be provided by |ov*, no employment or fringe
benefits such as, but not limited to, sick leave, veneUon, health ineurance, retirement orany
other benefit shall accrue toany employee during leave ofabsence without pay.
Section 2. Health Insurance Premiums. An employee on approved leave may elect to
pay the premiums due in order to maintain health insurance benefits during the term of such
leave. (Also refer to Family Leave policy.)
12
give the City at least seven (7) days written notice of the employee's intent to return to work.
Section 4. Outside Employment While on Leave. An emp|oyee, who engages in
outside ennp|oymemt, without prior approval of the City K8onoger, during said leave of absence,
ehe|| be subject to termination. Any employee who fo|od5ed o reason for the request for said
leave of absence or any extension of such leave of absence may be terminated for falsifying
such request.
Section 5. Unpaid Leave and Accumulation of Benefits. |nthe event on employee
has exhausted all accumulated benefit hours and has not returned hzwork, the employee must
apply for m leave of absence or be terminated. Employees shall be notified by the City when all
benefit hours have been exhausted. After the employee has been nobfied, he shall have ten
(1D)calendar days tqapply for leave ofabsence.
F-1 1 Z4 NLai 4 = X1
A. Sick leave shall be accrued at the rate of 3.692 hours per biweekly pay period
(ninety-six [96] hours per year) for full-time employees without limit on accumulation. Sick leave
ehgU not be considered to be o privilege which an employee may use at his diooretion, but
rather shall beallowed only for the purposes specified below.
A. Effective the start of the pay period which includes July 1. 2015. the first three CD
shifts or hours equivalent (e.g. twenty-four C24l hours for employees assigned to e 5/8 work
schedule or twenty-seven [27] hours for employees assigned to o S/ODxvorK schedule) of paid
e|ok leave taken each twelve (12) month period, for any authorized purpoae, will be considered
sick leave used pursuant to the Healthy VVorkp|anen, Healthy Families Act of2O14. The twelve
(12) month period is July 1 through June 30 for employees hired prior to July 1, 2015. For
employees hired onorafter July 1'2O15.the twelve (12)month period |athe twelve (12)month
period beginning on the employee's hire date, until the following July 1 at which point the
employee's 12 month period will begin the start of the pay period which includes July 1 to the
pay period that includes June 3O.
B. Effective January 1. 2010. employees can use up to on additional forty-eight (48)
hours of sick leave per year provided by the California Kin Cana law.
C. An employee can use sick hours as protected leave for any of the following reasons:
The diagnoaie, care, ortreatment ofan existing health condition of, or preventative care for, on
employee orthe employee's family member.
D. For purposes of this seoUon, a fmnnik/ member includes employee's parent, child,
spouse, registered domestic partner, 9arent-in-|avv, gnandparent, grandchild, and sibling. Only
the first three (3) ohUte or hours equivalent plus forty-eight (48) hours of sick leave in o twelve
(12)month period can beused osdescribed above.
13
E. Employees can use sick leave for related purposes if they are victims ofdomestic
violence, sexual assault or stalking.
F. In order to receive compensation while absent on protected sick leave, the employee
shall notify a designated supervisor within one (1) hour of the time set for beginning duty, unless
notification is physically impractical then such notification eha|l be waived until n reasonable
period has elapsed.
For any such absence in which protected oiuh leave in utilized, the employee shall
submit a written statement with the department head or designee confirming the use of
protected eioh leave. A physician's statement verifying the absence from work is not required.
When an employee is not utilizing protected oioh leave, the department head or his
designee may require e physician's certificate stating the cause for any subsequent absence
before said leave shall beapproved. Such absence may bafor more than three (3)work days or
ifthere ioreasonable cause toindicate abuse ofsick leave.
G. Accrued Sick Leave Benefit. The rightofanennp|oyeetoancruedeick|aavebenwfita
shall continue only during the period that the employee is on paid status. Accrued sick leave
benefits ohmU not give any employee the right to be retained in the een/|ne of the C|tv, or any
right of claim to sickness disability benefits after separation from the services of the City, except
as required by federal or state |ovv.
H. Notwithstanding anything contained in this Gection, no employee shall baentitled to
receive any payment orother compensation from the City while absent from duty by reason of
injuries or disability received as o result of engaging in employment other than employment by
the City, for monetary gain or other connpenaeUon, or by reason of engaging in business or
activity for monetary gain or other compensation other than business or activity connected with
City employment.
|' Fitness for Duty. At the written request of the appointing euthor|ty, based upon job -
related grounds and consistent with business necessity, the City Manager may require an
employee to submit to an examination by the City's physician to determine fitness for duty. If the
results of the examination indicate the employee is unable to perform his dut|ea, or in the
performance ofhis duties, exposes others to infection, the employee shall be placed on sick
leave without privilege of reinstatement until adequate medical evidence is submitted that the
employee is competent to perform his duties or will not subject others to infection. Any
employee so examined shall have the right to submit the reports of e competent nnadiuo|
authority of his own ee|eotion, and at his own oxpenee, in addition to the report submitted by the
City's physician. In the event of conflict of opinion and/or recommendation of the two (2)
phyeic|one, o third physician shall be selected by the first two (2) physicians and the final
decision shall be made by the City Manager based upon the medical evidence submitted to him.
J. The City will not harass employees for the use of sick leave or industrial injury|aove.
Harassment is the persistent criticism ofemployees who use sick leave or are off because of
industrial injury. Hovveuer, noting the use of oinh leave on employee evaluations is not
considered harassment.
14
A. Effective December 15, 2008, one hundred percent (100%) of an employee's unused
accumulated sick leave ehoM be deposited into the City Retirement Health Savings (RHS) Plan
to be used for eligible medical expenses, provided that the nnaxinnunn number ofhours that will
badeposited ienineteen hundred (1.BOO).
B. In the event of layoff, an employee with ten (10) years of continuous service with the
City shall be entitled to the above benefit.
C. Accrued sick leave shall be valued for the purposes of Geobun G above, on the
following basis:
1. Sick leave earned priorhnJune 3D. 1S74shall be000tedatsalary rates ineffect
onJune 30.1S74.
2. Sick leave earned on or after July 1, 1974 shall be costed at the rate prevailing at
the end of the fiscal year in which it was earned.
3. Sick leave taken ahoU be deducted from the oldest, lowest value accrued sick
leave first, provided however, when an employee takes aidv leave, the employee
shall receive each hour of sick leave at the employee's hourly rate in effect at the
time uftaking sick leave.
Section 2. Sick Leave Conversion tmVacation. 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 (840) hours of sick leave and providing that not more than hzdy (40) hours of additional
vacation may benoconverted inany one fiscal year.
A. Any employee who has suffered a death of an immediate family mennber, may be
allowed bereavement leave with pay, not to exceed mix (5) work days per incident on the basis
of one-half (5) work day for each month of regular 8nnp|Oynnent' which is deducted from
accumulated sick leave. Immediate family shall include and be limited tothe employee's nnothar,
fethmr, brother, o|eter, spouse orchild, grondchi|dren, grandparents and current parent -in-laws.
B. All such dainna for bereavement leave are subject hoverification by the department
head ortheir designee.
Section 4. Personal Leave. With advance approval of the deportment heed, an
employee may use up to twenty-four (24) hours of their accrued sick leave per year, on personal
matters which are of an unforeseen combination of circumstances which oa|| for immediate
action and are not otherwise covered under protected sick leave or to add one additional hour
per holiday as covered in Article V|/, Section 1 Such nnedera shall be considered as those
15
events oroccurrences that a reasonable prudent person vvouk1 not or could not postpone to e
subsequent time. The nature of the matter ahmU be explained to the immediate supervisor and
shall be granted with his approval. Such personal leave shall not be cumulative from year to
year. Personal Leave used on an additional hour of holiday shall not be included in any
og|ou|aUon of an employee's use of sick leave for the purposes of performance evaluation or
awards provided bythe City.
A. An employee that has at least one M> year of continuous service with the City and
who has exhausted all accrued leave (xooation, oich-|eave, comp time) due to non -industrial
illness orinjury canbeadvanceda|nk|eevodnneat the rate ofseventy-five percent (7596)ofthe
employee's regular salary according tothe following table:
Maximum Time Allowance �Hours)
Years of Service Total Hours
1through 5 300
6 thpough10 544
B. Application for disability leave shall be made bvthe employee 0o the City Manager
through the department head, accompanied by full medical justification from a physician chosen
by the City at the direction of the City. Failure to submit to such on examination shall be e basis
for terminating disability leave. If the City K8onegar approves the app|ication, he shall notify the
employee ofsuch approval inwriting.
C. After the employee returns bzwork, the employee shall reimburse the City for the
value of the advanced sick -leave time by having the ennp|oveao aioh leave accrual for sick -
leave reduced bvfour (4) hours per month and the employee may contribute vacation leave to
accelerate the employee's reimbursement to the City for providing the benefits under this Article.
D. When the 1naxnnunn time allowance" has been reimbursed as set forth aboxe, the
employee shall beeligible bo apply for additional disability leave; provided that no employee
shall receive more than the "total" set forth above for his length of aan/iue, during his entire
employment with the City.
E. Grounds for termination of disability leave by the City Manager eho|| inc|ude, but not
be limited to, the following:
1. The employee has recovered from his illness orinjury,
2. The heave is bang used as a pre -retirement leave for purpose of postponing
retirement or pension.
3. The disability leave was procured by fraud, misrepresentation or mistake.
16
4. The employee has not cooperated fully in supplying all information and
submitting to any examination requested by the City to determine the existence
or continuing nature of the employee's disability.
F. In the event an employee becomes ineligible to accrue sick leave or is scheduled to
• employment with the City and has not completed the •' schedule for this
benefit, the balance due shall be handled by payroll deduction or accounts receivable as
applicable.
LPAGMAN
III III III
A. Compensation. If an employee is absent from work by reason of illness or injury
determined to be covered by Workers' Compensation, the City shall pay the employee
seventy-five percent (75%) of his regular rate of pay for up to ten (10) work days following the
illness or injury in lieu • 'li• disability payments. During the period in which the employee
receives seventy-five percent (75%) of regular pay, no State or Federal income tax shall be
withheld upon timely request by the employee. If a regular employee is disabled due to an
illness or injury covered by Workers' Compensation for a period beyond ten (10) working days,
said employee shall be paid one hundred percent (100%) of his regular rate of pay.
Any payments made pursuant to this Section shall not be charged to the employee's sick
leave or vacation benefits. All fringe benefits, such as payment of medical and dental insurance
premiums shall continue during such paid industrial disability leave.
B. Duration. Any such paid industrial disability leave, as described in Section A above,
shall extend for a period of up to nine (9) calendar months for each covered injury or illness.
Such paid industrial disability leave shall not be authorized after an employee's separation from
City service.
C. Extended Industrial Disability. In the event that an employee's industrial disability
•': •. extends for a period beyond nine (9) calendar •i the employee shall be
•' to receive temporary or permanent disability benefits '• to State Workers'
Compensation laws.
D. The existing language contained in Article IX, Section 11, of the Personnel
Management Rules and Regulations, entitled Workers' Compensation, is hereby superseded by
the provisions of this Section and effectively deleted in terms of applicability to employees
covered • this Agreement.
E. If an employee with a Workers' Compensation claim files for a permanent disability
in item C above. In no case will an employee's compensation be reduced to the State minimum
in lieu of his entitlement to the wage continuance provisions specified above.
F. In the event that the Federal income tax laws are changed to provide that temporary
17
dbmb|!Uy payments any taxable inomnle, the amount of the wage continuance shall revert from
seventy-five percent (75%) back to one hundred percent (100%).
G. Reclassification mfInjured Worker. If, inthe opinion ofthe City, anemployee has
been found to be parmanenUy, physically incapable of performing the duties of the currently
held position, the City may place the employee into another vacant position of equal level or
lower within the bargaining unit provided such placement is approved by the appointing
authority. Nothing herein ehe|| 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 betaken.
Section 3. Jury Duty. In the event that on employee is ne|ked 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 dub/ 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 Unneshmetfor the payroll period in which the jury
service was performed. Any fees for jury service that the employee may receive from the court
nhe!| be remitted tothe City.
A. Effective January 1. 2016. on employee is eligible for up to uptoforty (4[) hours per
year (up to eight [8] hours per month) of authorized time off from scheduled vvod« 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,
enro||in0, or naenro||ing e child in school or with a licensed child care provider. Such leave also
includes leave to address e child cane provider orschool ennergency, including a request that
the child be picked up from school/child nana, behavioral/discipline prob|enno, closure or
unexpected unavailability of the school (excluding planned ho|idoya), or e natural dioeotgc
"Perent" in this case is defined to include a parent, guerdian, stepparent, foster panent, or
grandparent of, urmperson who stands inloco panenUoto, achild.
B. Except in the case of the need to address ochild care provider orschool 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 5.Consultation mf Human Resources. Toensure the appropriate application
of all compatible statutorily provided protected |eeve, it is advised that the mnnp|oyee,
department head, or |nnnnmd|aha supervisor consult with the Human Resources Director or
designee inadvance onthe use ofprotected leave.
8R]
F-11 ;4NLai 11 =r1fl I
Section 1. Administration. The City reserves the right to select the insurance carrier or
administer any fringe benefit programs that now exist or may exist in the future during the term
of this Memorandum of Understanding.
Section 2. Selection and Funding. In the administration of the fringe benefit programs,
the City shall have the right to select any insurance carrier or other method of providing
coverage to fund the benefits included under the barnnn of this Memorandum of Undentgnding,
provided that the benefits of the employees ohe|| be no less than those in existence as of the
implementation of this Agreement.
Section 3. Changes. If, during the hemn of this K8enlonmndunn of Underetgnding, any
change of insurance carrier or method of funding for any benefit provided hereunder occurs, the
C|b/ ehe|| notify the Association prior to any change of insurance carrier or method of funding
the coverage.
1. Effective July 1, 2012' the City agrees ho maintain the fully -insured $10 co -pay
plan with Kaiser Penmanente for unit employees without on employee
contribution tovvendo coverage for employee plus qualified dependent(s) through
the term of this K8ennmrendunn of Understanding.
2. Effective July 1. 2012. noother medical insurance coverage options are available
for unit employees except for the Kaiser Permanente HMO plan.
3. For the term of this Memorandum of Understanding, the City agrees to contribute
up to the monthly pnanniunn amount of the employee's eligible coverage level for
the second highest PPC) plan offered bvCa|PERS at the basic pnarniunn rates in
effect and designated for the Los Angeles Area. In the event nned|om| plan
pnenniunnm for the City'a Kaiser Pernnonente HMO plan exceed the Cib/'m
contribution rates during the term of this Agreement, the City agrees to open
discussions at the request of the Association to consider alternate medical plans,
including medical plans offered byCe|PER8.
B. Employee Waiver of Medical Coverage. The City agrees hupermit onemployee ho
waive City -sponsored medical coverage as follows:
We
1.The employee presents written proof to the Human Resources Office that he and
his qualified dependent(s) are covered bvanother non-Citv-aponaored medical
plan for the current plan year;
The employee must sign m statement acknowledging e waiver of City offered
medical insurance coverage and agreement to hold the City harmless for any
oonaequenneo, vvhateoever, that naeu|t from the employee's waiver of City
offered medical insurance coverage for employee and/or qualified dependent(e);
and
The ennokovoe 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 (]pen Enrollment period or as otherwise
required by law under COBRA provisions.
Upon adoption of this Memorandum of Understanding and effective the next second pay
cycle of the month after an employee's compliance with this Section, the City agrees that the
employee who imqualified towaive coverage shall receive three hundred dollars ($300.00) per
month if waiver eligibility is for "annp|oymm On|y" COVeregm' four hundred fifty dollars ($450.00)
per month if waiver eligibility is for "employee plus one" c0xGraga, or six hundred fifty dn||ano
($050.00) per month if waiver eligibility is for "employee plus two or more dependents"
coverage. The eligible amount will be paid to the employee as taxable earnings.
A medical opt out election may only be made by on employee during their time of hire or
during an announced open enrollment period for medical insurance changes effective January 1.
A. Dental HMO Plan. The City eheU continue to make e nnau1nnurn contribution of thirty-
one dollars and ninety-five cents ($31.95) per month to m dental HyW(] benefit package for the
employee and his qualified dependent(a). Any amounts necessary tofund existing benefits in
excess ofthe amounts which the City ieobligated tocontribute set forth above shall beborne bV
the employee.
B. Delta Dental Plan. Effective January 1. 2009 (start of new benefit year), the City
agrees to increase the annual nnaxinnunn benefit amount under the Delta Dental Premier (PP[))
coverage payable from one thousand dollars ($1.0O0.00)twtwo thousand dollars ($2.0OU.0D).
The Delta Dental Plan is a self -funded plan administered by Delta Dental. Premiums are
calculated annually by [Je|1a Dental based on prior year's claims experience, administrative
03eS. and an industry trending projection. For the term of this yNennOrGndunn Of Understanding,
the City ognaee to maintain the employee's contribution rate of 46.496 towards the monthly
pnann|unn established as a composite rate.
Section 3' Life & Accidental Death & Dismmernbermment(AD&O) 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 bythis Agreement shall be
provided with a fifty thousand dollar ($50.000.00) group term life insurance benefit and
accidental death and dinnnennbarnnant benefit without evidence of insurability other than
evidence of full-time employment with the City. Under the terms of this policy, benefit provisions
20
are payable and determined by the insurance carrier.
Section 4. Long Term Disability Insurance. Effective January 1. 2015. the City
enrolled Association employees in theCit/a Long -Tenn Disability Insurance program. Under
the terms ofthis po|icy, benefit provisions are payable and determined by the insurance carrier.
Section 6' Employee Assistance Program (EAP). The City provides each employee
an EAP benefit that provides ennoUono|/mxa||-being, work and life counseling services on a toll
free 24houn7days per week assistance.
Section 6. IRS Section 125 Benefit (Cafeteria) Plan. The City shall continue to provide
payment of benefit premiums for employees covered bythis Agreement under an IRS Section
125 Benefit Plan. The current core benefits include medical, dental, |ife. A[}8^C) and long-term
disability insurance, and EAP coverage. W1mdioo| insurance is o none benefit which a City
employee is required to be enrolled in unless he is covered byanother medical insurance plan
with comparable coverage end/or nnmata nninirnunn essential coverage as specified by the
Affordable Care Act.
1. The Cdv's nlaxinounn contribution shall be the Sunn of the nn0nthk/ designated
premiums paid by the City for core benefits in each of the following categories:
Employee only (^EEl
Emcloyea+1 Dependent ("EE+1")
Employee +2 or more dependents ("EE +2")
The maximum City contribution shall be based onthe employee's ennd|mentin
each plan. If an employee enrolls in o plan wherein the nmato exceed the C|h/'e
nnao|rnunn contribubQn, the employee is responsible for all additional pnenniunno
through pre-tax payroll deductions. An employee is not entitled to any excess
amount ofpremiums paid bythe City onhis behalf.
2. The City continues to provide other benefits coverage under an Employee
Voluntary Benefits Program fully funded by the employee on a pre-tax basis in
accordance with IRS regulations.
Section Y.Cm|ifornLa Public Employees' Retirement System (Ca| Coverage.
Employees covered by this Memorandum of Understanding participate in Ce|pERS. Employee
options are described in a contract between the City of Downey and Ca|PERS and are
incorporated into this Memorandum of Understanding.
Section 2. First Tier Retirement Formula. Effective August 19. 2002. the City
amended the Ce|PER8 contract to provide the benefit known an 2.796 @ age 55 retirement
formula, as set forth in California Government Code Section 21354.5.
21
A. In accordance with existing practice and Government Code Sections .
and 20691. the City will pay the employee's statutorily required member contribution of eight
percent (896) and report this Employer Paid Member Contribution (^EPMC^) to Ca!PER8 as
special compensation.
B. Effective the pay period that includes July 1. 2012, employees shall begin to have
deducted, on o pre-tax bmnis, two percent (296) ofCm|PEF(8 reportable oomnponnet|on, pursuant
toCalifornia Government Code Section 2U516(f).
C. Effective the pay period that includes July 1. 2013. employees ohe|| have deducted
an additional two percent (2%) of CalPERS reportable compensation, for a total of four percent
(496), on a pre-tax baeie, pursuant to Government Code Section 20516(f).
D. Effective the pay period that includes July 1. 2015. the four percent (496) employee
cost sharing referenced in C. above shall be reduced tothree percent (396)through the pay
period that includes March 31.2O15; thereafter, the four percent (496)cost sharing amount shall
apply unless otherwise negotiated sooner in a successor Memorandum of Understanding.
E. Effective K8ay7. 2818, the four percent (496) employee cost sharing referenced in [)
above shall beincreased tofive percent (596).
F. Should on employee be mandated by change in law orother action to contribute
any portion ofthe required employee (rnmmbmh contribution toCo|PER8. 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 naen|uUon 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 ^C|annio^ members (i.e. those members that dn
not meet the statutory definition of ''hJevv Member" under the California Public Employees'
Pension Reform Act (''PEPRA^). specifically Government Codes Section 7522.04(f) and were
hired prior tnOctober 1O. 2012.
Section 3. Second Tier Retirement Formula. Effective January 11. 2012. the City
onnandeU its Co|PERS contract to implement the 296 8D age 50 second tier retirement formula,
as set forth in Government Code Section 21353. This Second Tier Retirement Formula will not
apply to "new nnennbern" on that term is defined by the Public Employees' Pension Reform Act
of2O13.
A. Employees covered hereunder shall pay, on a pre-tax besin, the seven percent(796)
statutorily required member contribution toCa|PEFl8.
B. The City has passed a resolution setting forth that all deductions orcontributions
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 ''C|oee|o" members (i.e. those nnennbena
that do not meet the statutory definition of ''Nexv K8mnnber' under the California Public
Employees' Pension Reform Act (''PEPRA^). specifically Government Code Section 7522.04(f)
and hired onurafter October 1D.2U12.but before January 1.2O13).
22
Section 4. Third Tier("PEPRA" Tier) Retirement Formula. Employees who meet the
definition of"New Member" set forth inGovernment Code Section 7522.U4Ulshall beeligible for
the benefits provided by PEPRA, which include but are not limited to, the following:
A. Retirement formula of3% @ 62 Code Section752225)~
B. Employees covered hereunder shall pay amember contribution offifty percent (5O%)
of normal cost an determined from time totime bvCa|PERS (employee contribution is six and
C. There shall be no Employer Paid Member Contribution ("EPMC") by the City;
D. Retirement benefit calculations shall be based on pensionable oonnpenaoton, as
defined by Government Code Section 7522.34;and
E. Retirement benefits shall be calculated based onthe three (3) year highest average
annual pensionable compensation.
Section 5. Survivor/Death Benefits' Effective July 13. 2000. the City implemented the
Ca|PERS contract amendment to include: (a) the Level 4 1959 PER8 Survivor's Benefit
program (Section 21574) and (b) the Pre -Retirement Optional Settlement 2 Death Benefit
(Section 21548).
Section 6' City Retiree Medical Contribution. An employee who retires from the City
of Downey on or after July 1, 2012, shall be entitled to participate in the City -sponsored medical
plan under the Kaiser PenmanenteHMO plan orthe Kaiser PennanenteSenior Advantage plan
and the City shall contribute up to a maximum ofninety-eight dollars ($98.00) per month toward
the premium for employee only coverage, provided:
A. At the time of retirement the employee has a minimum of ten (10) years of service, or
is granted a service -connected disability retirement;
B. Atthe time ofretirement the employee hs employed bvthe City; and
C. Effective the day after nff|oia| separation from the City the employee has been
granted aretirement allowance bythe Ca|PERS.
D. The City'sobligation hopay uptoamaximum ofninety-eight do|lars ($9 .00per
month towards the premium inthe City plan shall be modified d0vvnvv9nd Orcease during the
lifetime of the retiree upon the happening of any one of the following:
During any period the retiree ioeligible to receive orreceives health insurance
coverage at the expense ofanother employer the payment will be suspended.
"Another employer" an used herein nneono private employer or public employer
or self-employed or the employer ofa spouse. An a condition of being eligible to
receive the premium contribution set forth above, the City Sh8|| 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. |f|t|nlater discovered that
misrepresentation has occurred, the retiree will be responsible for reimbursement
23
of those amounts inappropriately and the retiree's eligibility to receive
benefits will cease.
2. If the retiree beoVnnem eligible to enroU, automatically or voluntarily, in K8edi-Cal
or Medicare, the City's plan shall provide secondary coverage only and the City's
contribution rate set forth above shall be adjusted downward accordingly.
3. In the event the Federal government or State government mandates an
employer -funded health plan or program for retireea, or mandates that the City
make contributions toward a health plan (either private or public plan) for retirees,
the City'e contribution rate set forth above shall be first applied to that plan. If
there iaany excess, that excess may be applied toward the City medical plan as
supplemental coverage provided the retiree pays the balance owing for such
coverage ifany.
4. Upon the death ofthe retiree, this benefit shall cease.
E. It is understood and agreed that the annual amount contributed by the City bafund
the Retiree Medical Annuity on behalf of the ennp|oyeeo, shall be included as an item of
compensation intotal compensation survey comparisons.
Section 1. Reimbursement Rates. With prior approval of the City Manager, employees
may be reimbursed for tuition and required books for courses taken to improve their value to the
City. Tuition ahm|| be reimbursed for courses as recommended bvthe department head with job
related justification and approved by the City Manager ortheir designee. An employee must
receive e passing grade in order to be reimbursed for the course. Reimbursement shall be
made at the rate of tuition charged at California State Uniueroity, Long Beach for courses on the
semester system. Courses on the quarter system ehm|| be reimbursed at the unit equivalent
California State Univereib/, Long Beach tuition amounts.
Section 1' An original or promotional appointment will be tentative and subject to a
probationary period of not less than six 80 months, except that the City Manager may extend
the probationary period for o o|aao up to an additional six (0) months or for a marginal
probationer for up to an additional three (3) months. Should the appointing authority desire to
terminate any probationary employee, the appointing authority shall notify such employee no
less than two (2)weeks prior totermination.
Section 2. If the service of the probationary employee has been satisfactory to the
appointing authority, then the appointing authority shall file with the Human Resources Director
a merit rating including a statement, in writing, to such effect and stating that the retention of
24
such employee in the service of the City is desired. If such a statement is not filed, the
employee will be deemed to be unsatisfactory and his employment terminated at the expiration
of the probationary period.
Section 3. All probationary periods shall extend to the first day of the month following
the period of probation.
Section 4. During the probationary period an employee may be rejected at any time by
the appointing power without cause and without the right of appeal.
Section 1. Seniority Date. Employee seniority is the length of continuous service of the
employee with the City from his most recent date of hire or rehire.
A. No employee shall acquire any seniority until he has completed his probationary
period.
B. When an employee has completed his probationary period, his seniority shall date
from date of hire.
PVTO-TIVATTro"
A. Whenever, in the judgment of the City Council, it becomes necessary to lay off
employees, the City may abolish any position covered by this Agreement. Any employee
holding an abolished position will be subject to layoff and have no right to demand that written
charges or reasons therefore be filed, and shall have no right of appeal or hearing.
B. Seniority shall be observed in affecting layoffs in personnel. The least senior
employee in a classification subject to layoff will be laid off first.
C. An employee subject to layoff may exercise his seniority (1) within a job family
laterally, (2) within a job family to a lower classification, or (3) to a classification previously held
by the employee, provided that the employee meets the current qualifications and requirements
of the position in which he seeks to exercise seniority, and provided further that any such
exercise in seniority shall be subject to a thirty (30) day trial period. An employee subject to
layoff because of such exercise of seniority, may, in turn, similarly exercise his seniority subject
to the same limitations. If an employee does not successfully complete the thirty (30) day trial
period, he will be laid off, provided that the employee may grieve such a layoff and be entitled to
Skelly rights.
D. For purposes of this section, job families are established as follows:
1. Facilities & Maintenance Services - Maintenance Lead Worker
Maintenance Worker III
Maintenance Worker II
Maintenance Worker I
25
2. Water and Sanitation —Water System Lead Worker
Water System Operator 11
3. Equipment Maintenance Lead Worker
Mechanic
Section 3. Loss of Seniority Rights' A separation from senwioe, 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 SeniOritv,
provided that the employee held the classification being filled or held a classification in the same
job family.
Sectimm5' Layoff Notice and Severance Pay. |nthe event the City decides tocontract
for work provided by an employee covered by this Agreement, the City will provide at least one
month'o 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 @
severance payment upon termination equal to three (3) months of the employee's current salary
amount.
RPM
Section 1' Management Rights. The City reoerves, retaino, and is vested with, solely
and exclusively, all rights of Management which have not been expressly abridged by specific
provision of this Memorandum of Understanding or by law to manage the Citv, as such rights
existed prior to the execution of this Memorandum of Understanding. The sole and exclusive
rights of Management, asthey are not abridged bVthis Agreement or by |evv' shall include, but
not be limited to, the following rights:
A.Tomanage the City generally and to determine the issues of policy.
B. To determine the existence or non-existence of facts which are the basis of the
management decision.
C. To determine the necessity and organization ofany service or activity conducted by
the City and expand or diminish services.
D. To determine the nature, manner, nneens, and technology, and extent ofservices to
beprovided hothe public.
E. Methods of financing.
F. Types of equipment or technology to be used.
G. To determine and/or change the facilities, nnethods, technn/ogy, nneeno, and size of
99
the work force by which the City operations are to be conducted.
H. To determine and change the number of |ocatione, ny|000Uone, and types of
operatiune, 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.
U. To assign work to and schedule mnno|oyeee in accordance with requirements as
determined bvthe City and Uoestablish and change work schedules and assignments.
J. To relieve employees from duties for lack of work or similar non -disciplinary reasons.
K. To establish and modify productivity and performance programs and standards.
L. To discharge, suspend, demote, or otherwise discipline employees for proper cause.
M. Todetermine job classifications and horeclassify employees.
N. To hina, tranefer, promote and demote employees for non -disciplinary reasons in
accordance with this Memorandum of Understanding and applicable Resolutions and Codes of
the City.
0' To determine po|iciae, procedures and standards for ee|ecUon, training and
promotion of employees.
P. To establish employee performance standards inoud|ng, but not limited to. quality
and quantity standards; and to require compliance therewith.
Q. Tomaintain order and efficiency inits facilities and operations,
R. To establish and promulgate and/or modify rules and regulations to maintain order
and safety in the City which are not in contravention with this Agreement.
S. To take any and all necessary action to carry out the mission of the Agency in
emergencies.
Section 2. Exercise of Management Rights. Except in emorgenoiea, 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 eho|| impact on employees of the bargaining unit. the City
agrees to meet and confer with representatives of the Association regarding the impact of the
exercise of such righta, unless the matter of the exercise of such rights is provided for in this
Memorandum of Understanding or in Personnel Rules and 8o|ory Resolutions and
Administrative Regulations which are incorporated in this Agreement. By agreeing to meet and
confer with the Association as to the impact and the exercise of any of the foregoing City rights,
management's discretion in the exercise of these rights shall not be diminished.
Section 3. Contracting Out. The City agrees that it will notify the Association of any
known or anticipated |ayoff, reduction in daeo or reclassification of unit members resulting from
a decision to contract work to private sector employees which is ordinarily performed by
members of the bargaining unit. The City will meet and confer upon the impact of the
consequences regarding the decision to contract out the above referenced work. The
Association o0peea that the decision to contract any work is the exclusive right of the City.
27
Nothing herein shall prevent the City from taking all necessary action to carry out its mission
during emergencies.
A. If the City proposes to contract out services currently performed by unit employees.
the Association shall have the hQh1 to submit e bid on the services. The City shall provide
employees with the same bid specifications as those provided to prospective contractors.
Section 1.New Employee Orientation. |naccordance with AB119.the City shall notify the
Board when e new employee is hired into the bargaining unit. The Board will notify the City
when a new employee has signed a membership card authorizing membership dues deduction
and when such deductions shall begin. The City shall also upon request provide the Board lists
of employees in the bargaining unit. The City shall also provide reasonable paid release time
for one Board member to meet with a new employee for the purpose of discussing membership
inthe Association.
Section 2.Dues Deductions. The City shall deduct dues onaregular payroll basis from the
pay of all Association members. Such deductions shall be authorized in writing on a form
approved and provided by the Association for this purpose. The membership cards shall be
retained bythe Association. The City shall rely on e certification from the Association for the
outhorioGbon, nnQdifiC8tion, or cancellation ofmnv/a|| dues deductions. The City Sh@|| 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 amaximum of
three (3)members toattend scheduled meetings with the Human Resources Director mrother
management representatives on subjects within the scope of representation during regular work
hours. In addibon, they may meet for o nnex|mnunn of one (1) hour per meet and confer session
for the purpose ofpreparation ofsuch sessions.
Section 4. Maintenance of Membership. Unless prohibited by law, any employee inthe
Association who has authorized Association dues deductions on April 24, 2018 (the effective
date of this Memorandum of Understanding) or at any time subsequent to the effective date of
this Memorandum of Understanding, shall continue to have such dues deductions made by the
City during the term of this Memorandum of Understanding; provided hovvmuer, that any
employee in the Association may terminate such dues during the period of October 1 through
October 1Uofeach year Of the Memorandum OfUnderstanding bynotifying the Association in
writing of his election tOterminate dues deduction. Such notification shall be delivered in person
or by U. S. K8m|| and should be in the form of letter containing the following information:
employee name, employee number, jobclassification, 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. In accordance with SB 866, 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.
Section 1. The Association, its officers, agents, representatives and/or members agree
that during the term of this Agreement they will not cause or condone any strike, walkout,
slowdown, sick-out, or any other job action withholding or refusing to perform services.
Section 2. The City agrees that it shall not lockout its employees during the term of this
Agreement. The term "lockout" is hereby defined so as not to include the discharge,
suspension, termination, layoff, failure to recall or failure to return to work of employees of the
City in the exercise of its rights as set forth in any of the provisions of this Agreement or
applicable ordinance or law.
Section 3. Any employee, who participates in any conduct prohibited in Section 1
above, shall be subject to termination by the City.
Section 4. In addition to any other lawful remedies or disciplinary actions available to the
City, if the Association fails, in good faith, to perform all responsibilities listed Section 1 above,
the City may suspend any and all of the rights, privileges, accorded to the Association under the
to, suspension of recognition of the Association, grievance procedure, right of access, check -off,
the use of the City's bulletin boards and facilities.
Section 1. In the event that the Association, its officers, agents, representatives, or
members engage in any of the conduct prohibited in Prohibited Conduct, Section 1 above, the
Association shall immediately instruct any persons engaging in such conduct that their conduct
is in violation of this Memorandum of Understanding and unlawful and they must immediately
cease engaging in conduct prohibited and return to work.
Section 1. Grievance. Grievance shall be defined as e dispute between the
Association, employee Or employees and the Chv, regarding interpretation or application of
Sp8Chi3 provisions ofthis Agreement, personnel ru|es, or departmental rules and nagu|EdiOne. or
RRI
A. An employee may request the assistance of another person of his own choosing,
who is not a representative of another recognized bargaining organization, in preparing and
presenting his grievance at any level of review, or may be represented by the Association, or
may represent himself.
The employee shall not suffer any reprisal from management for utilizing the grievance
procedure set forth herein.
B. Any retroactivity on monetary grievances shall be limited to the date that the
grievance was filed, in writing, except in cases where it was impossible for the employee to
have had prior knowledge of an accounting error.
C. 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; exceptf6r grievances which are a result of finajjzed disci linary action. which
shall begin at 81612- Eom
through discussion with his immediate supervisor within ten (10) working days fro
the date of the alleged incident or action giving rise to the grievance. If, after su
discussion, the employee does not believe the problem has been satisfactori
resolved, he shall have the right and obligation to discuss it with his supervisor
immediate supervisor, if any, and his department head, if necessary. Every e
shall be made to find an acceptable solution by these informal means at the mo
ff
no
immediate level of supervision. At no time may an informal process go beyond t
department head concerned. In order that this informal procedure may
responsive, all parties involved shall expedite this process. In no case may mo
than thirty (30) calendar days elapse from the date of the alleged incident or acti
giving rise to the grievance, and the filing of a written grievance in Step Two, or t -
grievance shall be barred and waived.
Step Two. Department Head Response. |fthe non -disciplinary grievance is not
resolved in Step One, o{ifno answer has been received within five (5)xvorking
days from the presentation of the oral Ohex8nD8. the employee may, within Ul|dv
(30) calendar days from the date of the incident giving rise to the grievenco,
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 nOnnnnentS, in writing, and return them tothe employee within ten
(1D)working days after receiving the grievance.
ME
head's decision, present the grievance in writing tothe 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 bythe Association, the designated management representative shall
attempt to resolve the grievance. If the employee is being represented by the
Association the designated nnmno0enmant representative ahe|| convene a joint
meeting ofthe Association and himself, within five (5)vxorking deya, in an attempt
toresolve the grievance. |nthe event the grievance ianot satisfactorily adjusted nr
settled through discussion at this |eve|, management shall advise the employee
and/or employee Association, in vvr|t|Dg' within ten (18) working days as to its
position onthe grievance.
§Iqp Four, Grievance Hearing. If the grievance is not resolved in Step Three, the
employee may, within ten M[A working days of the receipt Of the written position
from management nepreeentaUvea, present o "request for hearing" in m/r|UnQ to the
Human Resources Director. Homayver, the only grievances which may besubmitted
for review are matters which have resulted in m suspension without poy, reduction
in pay, dennoUon, tarnninabon, or otherwise have monetary value tothe employee.
Failure of the employee to take this eot|om will constitute termination of the
grievance. The Human Resources Director shall request from the State Mediation
and Conciliation 8an/iom. ormutually 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 aeven, the parties shall
alternately strike nennea from the |i*t, 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 written decision that
includes findings of fact and a recommendation to the City Manager. That decision
shall beserved jointly upon the grieving party and the City Manager.
Stop Five. City Manager's Decision. Within thirty (30) calendar days of receipt of the
decision of the hearing officer, the City Manager eheU, in vvh#ng, edupt, modify or
reject that decision. The decision of the City Manager oheU be the final
administrative decision.
Section 1.Substance Abuse Policy. The City of Downey and the Association have a
vho| interest in maintaining nafe, healthful and efficient working conditions. Being under the
influence ufadrug oralcohol onthe job may pose serious safety and health risks not only tothe
user but to co-workers and the citizens of Downey. The poeoenoion, use or oa|m of an illegal
drug orofalcohol on the job also poses unacceptable risks for safe, healthful and efficient
operations. "On the job" means vvhi|a on City premises, at work |oC8tiona, or while on duty or
being compensated onen"on call etatue."
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
31
acknowledge that o drug and alcohol -free work environment benefits s employees and
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. Poauesaion, ee|e, use or being under the influence of drugs or alcohol mHhika on the
job is sthodv prohibited. This prohibition mheU not apply to legitimate undercover activities Of
Police Officers which are undertaken in accordance with the direction of the Police Department.
B. When reasonable suspicionexists, the City may require enemployee to submit to a
medical examination, |ndud|nQ, 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 tolead a
reasonably prudent supervisor to suspect that an employee is under the
influence of drugs or alcohol so that the onno|owee'a ability to perform the
functions of the job is impaired or so that the employee's ability to perform his/her
job safely iereduced.
2. testing under this Article shall be conducted based on reasonable
suspicion as defined in this Section and shall not be automnadc, unless as
required by |evv per Department of Transportation (C}{]T) Federal Motor Carrier
Safety Administration Regulations (FMC8A) (no0*r to City of Downey Controlled
Substance and Alcohol Misuse Policy and Procedures K8anue|).
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 acnaening, a representative must be
available within a reasonable time or the employee will then be ordered to submit to substance
screening. An employee who refuses to submit to e substance screening may be considered
insubordinate and shall be subject to disciplinary action up to and including termination.
D. The supervisor,ordesignee, shall transport the suspected employee to the testing
facility. Testing shall occur on City time and be paid for by the City. Employee urine oannp|ea, or
other body fluids, will be by a certified system which includes methods or mechanisms designed
to assure the integrity of the eonnp|a The facility used for testing shall be certified by the
Substance Abuse and Mental Health Services Administration of the Department ofHealth 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 oo||ecting, ahipping, testing and
storage process.
E. Any pOSUUw8 test for alcohol or drugs will be confirmed by 8 scientifically sound
method. An employee who tests positive on G confirmatory test will be given the opportunity to
discuss the nyauka with a physician to be designated by the City. The employee should be
prepared at that time to show proof ofany valid medical prescription for any detected substance
or to otherwise exp|gin, if he so chouoeo, a positive teat result.
32
F. While use of medically prescribed medications and drugs is not per se a violation of
this policy, this policy shall establish that no employee shall operate a City vehicle or dangerous
machinery or equipment while taking any kind of medication or drugs which are clearly marked
that they may cause significant drowsiness or impair an employee's performance. An employee
shall notify his/her supervisor, before beginning work, when taking such medications or drugs. In
the event there is a question regarding an employee's ability to safely and effectively perform
assigned duties while using such medications or drugs, clearance from a physician designated
by the City may be required. The City reserves the right to send an employee home on sick
leave under this circumstance.
G. Employees with substance abuse problems are encouraged to participate voluntarily
in the City -sponsored Employee Assistance Program (EAP). Assistance through the EAP may
be sought by an employee with complete confidentiality and without adverse consequences to
his/her employment. Employees should be aware, however, that a request for assistance
through the EAP will not insulate the employee from disciplinary action already contemplated.
Depending upon the facts surrounding the reasonable suspicion determination, positive test
result, and/or other violation of this policy or other City/department rules and regulations, the
City may refer an employee to the EAP. Such referral could, at the discretion of the City, be
made available to the employee as an alternative to disciplinary action. Referral would be
subject to agreement by the employee to enroll, participate in and successfully complete
rehabilitation and/or counseling program and other terms and conditions in a "Last Chance
Agreement."
1, It is the City's intent to use the EAP option for first offenders except the City
reserves the right to discipline for those offenses which are a significant violation
of City/department rules and regulations or where violation did or could have
resulted in serious injury or property damage.
H. Department of Transportation (DOT) Controlled Substance and Alcohol Testing
Program
Administration. In accordance with City of Downey Resolution No. 5934, policy
and procedures for compliance with the Federal Motor Carrier Safety
Administration (FMCSA) Regulations (49 CFR Parts 40 and 382) shall remain in
effect for those employees who are required to possess and maintain a
commercial driver's license as a condition of employment for the performance of
safety sensitive duties. This program is documented in the City of Downey
Controlled Substance and Alcohol Misuse Policy and Procedures Manual which
is incorporated by reference in this Agreement. As applicable, the City's policy
and procedures will be amended to comply with changes in law.
Unless otherwise designated, the Human Resources Director is the Designated
Employer Representative (DER) and shall be responsible for overseeing
compliance and implementation of this City's DOT Controlled Substance and
Alcohol Testing Program.
2. Consequences of a Positive Controlled Substance and/or Alcohol Test. A
covered employee who tests positive for a controlled substance and/or alcohol
may be subject to disciplinary action, up to and including termination from
33
employment.
, As o result ofm positive controlled substance and/or alcohol random teat, otennporary
non sensitive job assignment for an employee who is removed from the performance of
safety eeneiUma duties or who is restricted from driving non-commercial City uehideo, may be
approved by the department head based on the oVo||ebi||ty of meaningful work to meet
operational need.
An employee must use accrued leave time or request personal leave of absence without
pay if time off from work is necessary for any treatment or rehabilitation program. The costs of
rehabilitation ortreatment services, whether or not covered by the employee's medicol p|an, are
the ultimate responsibility ofthe employee.
The cost of asplit specimen underorandom test shall bepaid 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.
A. Announcement of Vacant Position. Prior bothe initiation ofonopen-competitive or
closed promotional examination to fill a vacant poedion, notice of the vacancy shall be posted
for a period of five (5) xvorK|nQ days at the vvorknite of all employees in the same classification
who potentially may be interested in o lateral transfer. The announcement shall specify the
position tiUe, the nature of the work to be perfornned, the name of the official to contact to
express intenaet, and the final filing date.
1. Al2plication for Transfer. Enno|oymee interested in making G lateral transfer into o
v8CGnk position within their classification ShGU express their interest in vvhbng to
the official indicated in the announcement prior to the end of the work shift on the
final filing dote.
2. Examination for Transfer. All employees who have expressed an interest in a
lateral transfer ehoU be given due consideration by the official responsible for
filling the vacancy byvirtue ofa personal interview orother examination deemed
appropriate bythe department head and the Human Resources Director.
3. Selection for Transfer. Among the factors to be considered by management in
the selection ofemployees for |afana| transfers are saniorkv, okiUa. knqvvh*d0e.
abilities, work record and job performance.
B. Closed Promotional Recruitment. If there are three (3) or more regular full-time
employees eeeeeaed as meeting the qualifications for the position and who have expressed
interest in writing to fill an authorized vacancy in the capacity ofLead Worker oro higher paid
position represented by the Association, the City egnaee to conduct a closed promotional
recruitment. Written interest must be provided in the same manner as specified inAabove
within an announced five (5) working day period. If there are less than three (3) qualified internal
applicants per vacant position, the City will proceed to conduct an open/competitive recruitment.
C. Water Operator U Closed Promotional Recruitment. If there are two CD or more
regular full-time employees aaaaeeed as meeting the qualifications for the position and who
10
have expressed interest in writing to fill an authorized vacancy in the capacity ofthe Water
Operator || position represented by the Association, the City agrees to conduct o closed
promotional recruitment. Written interest must beprovided inthe same manner Baspecified inA
above within an announced five (5) working day period. If there one less than two (2) qualified
internal applicants per vacant pOSiUOn. the City will proceed to conduct an open competitive
recruitment.
Section 3' Labor -Management Committee. Representatives of the Association and
management shall meet on e quarterly basis for purposes of improving onmnnnun|oabnn and
resolving labor relations matters. Agendas shall be agreed upon in advmnma, 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 mcneaa to the grievance process.
Chairmanship ofthe committee shall bealternated among the parties.
The City agrees to form an ongoing Safety Committee to target goals for
injury/illness review and prevendon, development of safety procedureo, and job-
related
2. The LabopManagementCommittee shall be comprised of at least twoCQ
ASSOci@b8n members from the UU|UUee Division, two (2) rnmnnbgrS from the
Maintenance 8en/imee C}ivioion, and at least three (3) supervisor/management
representatives.
Section 4. Leave Entitlement. The City will comply with State and Federal laws with
regard to family |8@v8. The City has issued Administrative Regulation 430 AO innp|ennerd
compliance and byreference becomes part ofthis Agreement.
Section 5. Court Referrals. The City will assign rehana|a to help City employees with
their routine job assignments. A Public Works Supervisor will assign court referrals as best suits
the City and the abilities of the court referral. The supervisor will provide assignments and any
necessary guidelines to City employees who are assigned a court referral.
City employees who are assigned court referrals will follow the supervisor's guidelines.
City employees may be required to provide instructions to the court referrals in order to
implement the supervisor's assignments. At the end of the vvOrh day, the City employees will
report tothe supervisor the work completed bVthe court referrals.
Court nefenm|a are to be treated with neepeot, but any court referral that is threateninA,
dierupbve, or refuses to xvnrh should be returned to the yard and sent home. Court referrals
should wear orange nnaeh shirts over their regular clothes. Court referrals may not operate City
vehicles ormotorized equipment.
Records will be kept of the hours worked by court referrals and will be forwarded to the
Downey Municipal Court on 8 regular basis. The Division will maintain these records.
Section 6. American with Disabilities Act' The City shall comply with the Americans
with Disabilities Act (ADA).
35
ARTICLE XXIV
WEN
Section 1. The parties agree that the City can re -open negotiations to achieve labor cc64
savings during the term of this Agreement, however, there shall be no changes unless mutually
agreed to in writing.
Section 1. It is the intent of the parties hereto that the provisions of this Memorandum of
Understanding shall supersede all prior Agreements and Memoranda of Understanding, or
Memorandums of Agreement, or contrary salary and/or personnel resolutions and ordinances of
the City, oral or written, expressed or implied, agreements between the parties or
understandings between the parties, and shall govern their entire relationship and shall be the
sole source of any and all rights which may be asserted hereunder. This Memorandum of
Understanding is not intended to conflict with Federal or State law.
Section 2. Notwithstanding the provisions of Section 1 above, there 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
ARTICLE XXVI
CNhnQ the hamn of this Memorandum Of Underetanding, the parties mutually agree that
they will not seek to negotiate or beq]o|n with regard to wages, hQurS. and terms and conditions
of employment, whether or not covered by this K85nnOr8ndumn 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 K8ennnrmndurn.
Regardless of the waiver contained in this Artide, the parties may, hovvever, by mutual
agreement, in vvr|t|ng, agree to meet and confer about any matter during the term of this
Memorandum.
ARTICLE XXVII
In the event of circumstances beyond the control of the City, such as acts ofGod, fire,
flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of
9.1
this Memorandum of Understanding Or the Personnel F|u|ee or Resolutions Of the Citv, which
restrict the City's ability to respond to these emergencies, shall be suspended for the duration of
such emergency. After the emergency is over. the Association shall have the right to meet and
confer with the City regarding the impact on employees of the suspension of these provisions in
the Memorandum ofUnderstanding and any Personnel Rules and policies.
ARTICLE XXVII
Should any provision of this Memorandum of Understanding be found to be inoperative,
Vgid, or invalid by a court of competent jurisdiction, all other provisions of this Memorandum of
Understanding shall remain in full force and effect for the duration of this Memorandum of
Understanding.
The term of this Memorandum Of Understanding shall oonnnlance on April 1. 2021 and
shall continue in full force and effect until March 31, 2023.
37
r1z"r•1 sM
The City and the Association ackn. edge that this Memorandumof r- . r
Councilshall not be in full force and effect until ratified by the Association and adopted by the City
of - City of Downey. r - to the foregoing, this Memorandumof r- r
hereby iexecuted by the authorized representatives of the City and the Association and entered
into this 23d day of t
N
Byi
en, Human Resources Director
011
APPRr. ED AS TO FORM:
m
•
ASSOCIATION
Equipment Maintenance Lead Worker
Maintenance Worker I
Maintenance Worker II
Maintenance Worker III
Maintenance Lead Worker
Mechanic
Water System Lead Worker
Water System Operator II
Water System Operator III
0
PAY SCHEDULE
Effective March 21, 2022
Equipment Maintenance Lead Worker
28.8136 1. 30 3984 32 0702
; 33.8340 35.6950
Maintenance Lead Worker
25.2292 26 6173 , 28.0809
29.6256 31.2550 i
I Maintenance Worker 1
r
16.2883 17.1841 18.1289
19.1264 20.1784
Maintenance Worker II
20.4220 [ 21.5452 1 22.7304
23.9804 25.2990
{ Maintenance Worker 111
22.4640 23 6994 25.0029
26 3780 .................
, ,
Mechanic
4 25.0474 C 26.4252 27 8790
} 29.4120 31.0296 {
Water Systems Lead Worker
26 9273 28.4087 29.9708
31.6196 33.3589
Water Systems Operator II
21.1854 '' 22.3504 { 23.5801
24 8768 26.2446
Water Systems Operator III
24.0455 1 25.3680 1 26.7632
.......
28 2352 29.7847
all