HomeMy WebLinkAboutResolution No. 22-8122 - Adopting MOU w-DCEA Misc Unit April 1, 2023 - March 31, 2026RESOLUTION NO. 22-8122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF DOWNEY AND THE DOWNEY CITY EMPLOYEES' ASSOCIATION —
MISCELLANEOUS UNIT (APRIL 1, 2023 — MARCH 31, 2026)
WHEREAS, the City of Downey, hereinafter referred to as "City," and the Downey City
Employees' Association- Miscellaneous Unit hereinafter referred to as "MISC" have met and
conferred in accordance with the requirements of the Meyers-Milias-Brown Act and Employee
Relations Ordinance 1118; and
WHEREAS, the City and the MISC have memorialized the Agreement in a written
Memorandum of Understanding.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Memorandum of Understanding between the City and the MISC,
attached hereto, is hereby approved in substantially the form thereof together with any additions
thereto or changes therein deemed necessary or advisable by the City Manager.
SECTION 2. The Director of Human Resources is authorized to sign the Memorandum
of Understanding.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 8th day of December, 2022.
CATHERINE ALVAREZ
Mayor Pro Tern
ATTEST:
41AAA�LxdlC�IADUUR�,MC��
City Clerk
HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the
City of Downey at a Special meeting held on the 8th day of December, 2022, by the following vote,
to wit:
AYES: Council Members: Frometa, Sosa, Trujillo, Alvarez
NOES: Council Members: None,
ABSENT: Council Members: None.
ABSTAIN: Council Members: None.
A IA ALICIA DUAR MC
City Clerk
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THE DOWNEY CITY EMPLOYEEVASSOCIATION
MISCELLANEOUS
VMMLRMr�
ARTICLEI.................................................................................................................................. 1
RECOGNITION......................................................................................... .......:. ......::........:.1
ARTICLEII.................................................................................................... ......... .......o.,...,,,.,,,-1
NON-DISCRIMINATION........................................................................... ........:..............a 1
ARTICLEIII................................................................................................... .......................... 1
BASIC COMPENSATION PLAN......................................................................... ......r,.,,.,.,-1
Section 1. Salary Increases.......................................................................... .........r....,... 1
Section 2. The Plan of Salary Schedules.......................................................................... 2
Section 3. Eligibility for Merit Salary Advancement.....................................a..: n.,......;.a,..... 2
Section 4. Salary Schedule Step Reduction .................................................... ..................3
Section5. Longevity Pay..........................................................................................,........3
Section 6. Eligibility for Promotion Increases.......................................................... ......:: 4
Section7. Acting Pay....................................................................................................... 4
Section 8. Out -Of -Class Pay.........................................................................;; ..,..;:;....E.,ti.-4
Section9. Bilingual Pay.................................................................................:. ........:......:_4
Section 10. Supervising Librarian Assignment Pay (Supervisory Premium) ,a.=. „.............:. 4
Section 11. Water System Operator Certificate Pay...........................................a....w......, 5
Section 12. Hazardous Material/Fire Inspector................................................................ 5
Section 13. Fire Mechanic Pay (Education Incentive) ..................................... ........a,....... 5
Section 14. Pesticide Applicator's License Pay ...........................................- .......--- 6
Section 15. Commercial Licensed Driver Pay .............................................. --, ,,,,..,.....—... 6
Section 16. Safety Shoe Allowance.............................................................. -........ ..........;,, 6
Section 17. Calculating the Value of Special Compensation ............................ ................ 6
Section18. Uniforms.......................................................................................:.......;,..r.:;: 7
ARTICLEIV..................................................................................................................... ........ 7
WORKWEEK.................................................................................................................... 7
Section1. Work Week ....................... ........ .................. ................ ....... :...........s...: 7
Section 2. 4/10 Work Schedule........................................................................................ 8
Section 3. Voluntary Reduction of Full Time Hours .......................................... .. ............. 8
ARTICLEV........................................................................................................ .......,... 8
OVERTIME......................................................................................................t...........,..n., 8
Section 1. Compensation for Overtime..........................................................:...... ........: 8
Section2. No Pyramiding.............................................................................. .. ..............: 9
SeCbOO 3. Discouragement OfOvertime .................................... _...... c_........ �__`__^__~_
B
Section 4.When Absent From Duty ................................................... ~_......... =,___~,~.9
ARTICLE\4.........................................................................................
9
COMPENSATION FOR SPECIAL CALL-BACK DUTY -----'_'9
ARTICLE\4|.......................................................................................
8
HOLIDAYS -.----.---------------'-'---'-_�----_~--~~-.-.--_-^-
S
ARTICLEVU|........................................................................................ __.--__...... __°`_~._10
VACATION......................................................................................... ~^~..^._....-..~^°~°iO
Section 1.Accruals ........................................................................... ~^_,^__,^~_........ ,1O
Section 2.Accrual Limits .......................................................... .._w...........
10
Section 3.Vacation Approval ..................................................... __,~
1
Section 4.Vacation Pay -out. .................................................... ,°....... --``...... .~-~^`-^~,.~,11
Section 5.Accrual Calculation .................................................. ..~.^_~_=~~__._.^~~..-.i1
ARTICLEIX..................................................................................... ...... .........
1
NON -PAID LEAVE C)FABSENCE .................................................. ____ ....... _~._....... .~~i1
Section 1.Leave of Absence .................................................... .............. ......... ,__x�_~__11
Section 2.Written Notice ofIntent toReturn ................................. ~°_°~._~____°_~_,__^
1
Section 3.Outside Employment VVhile(]nLeBve-------
1i
ART|CLEX----------------------------'
12
SICKLEAVE .................................................................................... ~__.~~........ ,~_~~-~....
12
� �---------------'. .�_-
Section 1G�h L88v�A�Cru@|�
12
Section2.UseCfProteCted8iokLeave-----------'`,~'_______°__°^_,__,~,12
Section3. Accrued Sick Leave Benefit ..................................... ....... =13
Section 4.Fitness for Duty .............................................................. ._........ _....... _.13
ARTICLEXI...................................................................................... ~~._~~-_-
3
OTHER USES [)FSICK LEAVE ....................................................
13
Section 1. Sick Leave Conversion OnRetirement orDeath ........ °_,_~__,_,,__,.__~__,.i3
Section 2. Sick Leave Conversion b]Vacation .......................... ~-_~_._=~^_~-... ^.~-.._14
Section 3. Bereavement Leave ...................................................... ........... ~_=~,__^14
Section 4.Personal Leave .......................................................... ~_°...... +°~.~_°_^,^~_°~..°14
Section 5. Employee Disability Leave Benefit .---.--.--'_�~_x_�.~�=_y~^__»__,_,14
ARTICLEXU..................................................................................... ,`_^~^ .15
OTHERLEAVES ........................................................................... ~.-~..--~~..~.~^.^�..~_~15
Section 1.Workers' Compensation Injury C)nDutvU[>C8Leave`_,_____15
Section2. Military Leave ............................................................... '_.=Y0
Section 4. Pregnancy Disability Leave ..............................................................
.~..-...... 16
Section 5.Family Leave ..................................................................................
j0
Section 8. "Chikd-Rela1edActivities" Leave ......................................................
_~°_.___-°10
SeCtion7 �Dn�uK��pD0fHun��n���nur��g
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18
ARTICLEXIU..............................................................................................................
_....... _16
FRINGE BENEFIT ADMINISTRATION ................................................................
..... _..-~j6
Section 1.Administration ....................................................................................
........ 1O
SeCtioO2. SekeCbOnandFunding----------------------'.
......
Section3. Changes ..........................................................................................
ARTICLEXK/.............................................................................................................
___,__,,j7
HEALTH, DENTAL AND OTHER COVERAGE ...................................................
~^~~....... 17
Section 1. Medical Insurance ..........................................................................
....... 7
Section 2. Dental Insurance .............................................................................
...... ___ ~ j8
� ---------------------------°_-�-,_--_
Section Ld�|n�ur�nD�
19
Section 4.Long Term Disability Insurance ..........................................................
_,_.......... 1B
SectioA5. Employee Assistance Program (EAF) ..............................................
.......... .-°18
ARTICLEXV..............................................................................................................
^~_____18
RETIREMENT......................................................................................................
Section 1�o|���� P|�n
�Retirement--------------------'-_`_-'�-~,
19
Section 2.First Tier Retirement Formula .........................................................
-~x�__,~~.19
Section 3. Second Tier Retirement Formula ......................................................
^_._~~_~2O
Section 4.Third Tier ("PEPRA"Tier) Retirement Formula
................................. ,,.__'21
Section 5. Survivor/Death Benefits ..................................................................
._._...... .... 21
� -`Retirement_—��~
Seotion8 Chv�mnthbut�n0O���r��H�o01�ov�oS(F�H50�|an
` -' ~*�_�-�'~ 21
ARTICLEXV|............................................................................................................
~_~_,_._.23
TUITION REIMBURSEMENT ..............................................................................
=_~°~__~23
ARTICLEXV||..........................................................................................................
y__~~___.23
PROBATIONARY PERIOD .................................................................................
........... ~x.23
Section1.Appointment ............................................................................................
..^_^.23
Section 2. G1m1um ofProbation .........................................................................
~^_�___^ ~�3
Section 3. End ofProbation ................................................................................
_.=-_~~-23
Sectkon4. RejectionFollowing Promotion .......................................................
__^_,_23
ARTICLEXV|M........................................................................................................
°_~_~~___24
SENIORITY.........................................................................................................
..._.~°..24
Section1. Definition .........................................................................................
-___...... _,24
Section 3. Loss of Seniority Rights....................................................................................24
Section 4. Re -Employment List.........................................................................................24
Section 5. Layoff Notice and Severance Pay.....................................................................24
ARTICLEXIX............................................................................................................................25
CITYRIGHTS.......................................................................................................................25
ARTICLEXX.............................................................................................................................26
EMPLOYEE ORGANIZATION RIGHTS AND RESPONSIBILITIES......................................26
Section 1. New Employee Orientation...............................................................................26
Section 2. Dues Deductions..............................................................................................26
Section 3. Release Time for Meet and Confer...................................................................26
Section 4. Maintenance of Membership.............................................................................26
Section 5. Indemnification.................................................................................................27
ARTICLEXXI............................................................................................................................27
NO STRIKE - NO LOCKOUT................................................................................................27
ARTICLEXXII...........................................................................................................................28
GRIEVANCE PROCEDURE.................................................................................................28
Section1. Grievance.........................................................................................................28
Section 2. Conduct of the Grievance Procedure................................................................28
Section 3. Grievance Procedure Steps..............................................................................28
ARTICLEXXIII..........................................................................................................................29
MISCELLANEOUS................................................................................................................29
Section 1. Substance Abuse Policy...................................................................................29
Section 2. Department of Transportation (DOT) Controlled Substance and Alcohol Testing
Program............................................................................................................................31
Section 3. Labor -Management Committee........................................................................32
Section 4. Transfer Rights.................................................................................................32
Section 5. Rest Periods/Breaks.........................................................................................32
ARTICLEXXIV..........................................................................................................................32
SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING.............................................32
ARTICLEXXV...........................................................................................................................33
WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT...................................33
ARTICLEXXVI..........................................................................................................................33
RE-OPENER.........................................................................................................................33
ARTICLEXXVII.........................................................................................................................33
EMERGENCY WAIVER PROVISION...................................................................................33
ARTICLEXXVIII........................................................................................................................34
SEPARABILITY.....................................................................................................................34
iv
ARTICLE XXCX .----------------------------------------. 34
TERM (]FTHIS MEMORANDUM C]FUNDERSTANDING .................................................... 34
ARTICLEXXX........................................................................................................................... 35
RATIFICATION AND EXECUTION ....................................................................................... 35
EXHIBITA................................................................................................................................ 38
CLASSIFICATIONS REPRESENTED BY THE D[]WNEYCITY EMPLOYEES ASS[)C|AT|C]yJ
- MISCELLANEOUS UNIT 36
EXHIBITE}................................................................................................................................ 3B
JOBFAMILIES ...................................................................................................................... 38
EXHIBITC................................................................................................................................ 41
PAY SCHEDULE EFFECTIVE MARCH 2O.2023................................................................. *1
PAY SCHEDULE EFFECTIVE APR|L1.2O24..................................................................... 42
ig
MEMORANDUMOF r
THE CITY OF DOWNEY AND
THE DOWNEY CITY EMPLOYEEVASSOCIATIONMISCELLANEOUS
111gefoleulk •
Pursuant to the provisions of the Employee Relations Ordinance of the City of Downey,
the City of Downey (hereinafter called the "City") has recognized the Downey City Employees'
Association (hereinafter called the "Association") as the recognized majority representative of all
full-time employees and one "grandfathered" part-time employee (who worked an average of 30
hours per week for a period of time) covered in a classification listed on Exhibit A. The City has
recognized the Association for the purpose of meeting its obligations under the Meyers-Milias-
Brown Act, Government Code Section 3500 etc. seq. and the Employee Relations Ordinance of
the City when City rules, regulations or laws affecting wages, hours or other terms and conditions
of employment are amended or changed.
F_T;TF WW
Section 1. The parties mutually recognize and agree to protect the rights of all employees
hereby to join and/or participate in protected Association activities or to refrain from joining or
participating in protected activities in accordance with the Employee Relations Ordinance and
Government Code Sections 3500 and 3511.
Section 2. The City and the Association agree that they shall not discriminate against any
employee because of race, color, sex, marital status, age, national origin, political or religious
opinions or affiliations. The City and the Association shall reopen any provision of this Agreement
for the purpose of complying with any final order of a federal or state agency or court of competent
jurisdiction requiring a modification or change in any provision or provisions of this Agreement in
compliance with state or federal anti -discrimination laws.
Section 3. Whenever the masculine gender is used in this Agreement, it shall be
understood to include the feminine gender.
Section 4. The City and the Association agree to comply with applicable federal and state
laws and regulations regarding the employment of the disabled.
Section 1. Salary Increases.
A. Employees in classifications covered by this Memorandum of Understanding as
WINWAI WYNAII
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1. Effective the start of the pay period that includes April 1, 2023, a four percent
(4%) across the board base pay range increase.
2. Effective the start of the pay period that includes April 1, 2024, a four percenI
(4%) across the board base pay range increase.
3. Effective the start of the pay period that includes April 1, 2025, a four percenl
(4%) across the board base pay range increase.
4. Effective the start of the pay period that includes April 1, 2023, the classification
of Administrative Clerk 11, shall receive an additional base salary range
increase of four percent (4%) as a one-time market rate adjustment.
5. The City shall make a one-time ad hoc lump sum payment of twenty-five
hundred dollars ($2,500.00) to each member of the Association covered by this
MOU who are actively employed by the City on the date the MOU is adopted
by the City Council and remain employed at the date of the payment. The
payment shall be made by direct deposit during the workweek beginning April
10, 2023. The one-time ad hoc payment paid is unconnected to performance
and shall not be reflected on any City pay or salary schedule, shall not be the
basis for any future negotiated salary increases, and shall not be reported as
compensation earnable.
B. Hourly Equivalent Calculation. For payroll purposes, the hourly equivalent of a
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ILTNNUMI 11614-mor
1. Salary step increases shall be considered on a merit basis only, and then only
the following times, and in accordance with subsection B below.
2. All full time appointments shall be made at the first step of the salary schedu]3
assigned that class, unless prior written approval of the City Manager is obtain
for appointments at a higher step in the assigned schedule. i
3. No salary advancements shall be made so as to exceed the maximum ra'I
established in the salary schedule for the class to which the employee's position
allocated.
2
1. Advancement shall not be automatic but, shall be based upon merit, dependent
upon increased service value of an employee to the City as exemplified by
recommendations of his supervisor, length of service, performance record, special
training undertaken, and other objective evidence.
2. Only employees rated as meeting the standard of work performance expected of
City employees shall be qualified to advance to the salary steps B, C, D and E.
3. If an employee does not receive a merit increase as a result of the performance
evaluation, the employee may appeal through the grievance procedure.
Every employee shall receive an objective, written job performance rating, no
sooner than three (3) weeks before, no later than five (5) working days before the
date of eligibility for each salary step, merit longevity or hourly increase, and
annually thereafter, and upon a change of employment status. Nothing in this
Section shall prohibit the department head or authorized supervisor from giving an
additional objective rating to an employee between those periods of time described
in this Section.
2. It shall be the duty of the department head to delegate the responsibility of every
employee's rating to that level of supervision having immediate knowledge of the
employee's work. An employee shall be rated by his immediate supervisor and that
rating shall be reviewed by the department head.
Section 4. Salary Schedule Step Reduction. Whenever an employee's work
performance falls below the level for which a step increase was granted, an employee's
authorized pay may be reduced to the employee's previous step rate under written procedures
established by the City for demotions and reduction in pay.
A. Eligibility for Longevity Pay. As early as at least July 1, 2011, regular employees
who have completed ten (10) and twenty (20) years of service with the City of Downey have and
shall continue to receive longevity pay adjustments as follows:
10 years 5.5000%
20 years 8.4020%
Longevity pay is effective the start of the pay period that includes the ten (10) or twenty
(20) year anniversary date. Such pay is not cumulative.
Qualification for Merit Longevity Lump Sin Payrnent, Employees covered under the
First Tier Retirement Formula as outlined in Article XV Section 11 who receives or will receive
Longevity Pay shall also qualify to receive a one-time annual Merit Longevity Lump Sum Payment
3
A. Any employee receiving a promotion shall receive a salary increase equivalent to one
pay step (5.5%), or shall be placed on the first step of the salary schedule for the class to which
he is promoted, whichever is greater.
B. Any employee receiving a promotion who would otherwise have been eligible to
receive a merit increase within sixty (60) days of the effective date of such promotion, shall be
granted the merit increase prior to the application of provision A of this Section.
Section 7. Acting Pay. An employee who has been designated by the Department Head
or his designee to serve in an acting capacity for sixty (60) consecutive work days or more to fill
an authorized budgeted position that is temporarily vacant shall receive Step A of the pay range
for the classification or five and one-half percent (5.5%), whichever is greater. An employee
designated to serve in an acting capacity is deemed qualified to perform the full range of duties
and responsibilities required of the position. Service in an acting capacity shall not be used as a
basis for, or in support of, a request for reclassification.
Section 8. Out -Of -Class Pay. An employee may be assigned by the department head to
of authorized leave such as sick leave, emergency leave, and vacation shall not be considered
as days actually worked.
Section 9. Bilingual Pay. Employees required to speak or translate Spanish as part of
their regular duties will be compensated seventy dollars ($70.00) per bi-weekly pay period. The
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budget authority. To be eligible for this assignment, the employee must pass a conversational
examination administered by a certified interpreter or an employee who has been certified by the
Human Resources Director to administer such examination.
Section 10. Supervising Librarian Assignment Pay (Supervisory Premium). The
Department Head shall have the authority and discretion, up to budget authority, to designate
"Supervising Librarian". The Department Head will have the authority to establish job
requirements and duties for "Supervising Librarian". A Librarian designated and assigned as a
"Supervising Librarian" shall receive eight and one -quarter percent (8.25%) of their base hourly
rate of pay while assigned as a Supervising Librarian. The Association and its members
understand, agree, and acknowledge that should a Librarian transfer and discontinue
..supervising" that the discontinuance of this assignment pay does not constitute a punitive action.
511dil Ut� t�IILILIUU LO YIIUZ'e Me IH FIU 111siance, stiaMe allu
4
Three" of the grievance procedure contained in this Memorandum of Understanding.
Section 11. Water System Operator Certificate Pay. Employees who are assigned to
the Utilities Division shall receive additional compensation at the following rates of pay upon
attainment of the following California Water Resources Control Board and California Water
Environment Association certificate series:
A. Certificate Level I Pay - An employee who obtains and maintains a valid Distribution
I, Treatment I or a California Water Environment Association (CWEA) Collection System
Maintenance I certificate shall be eligible to receive Certificate Pay at the rate of one hundred and
fifteen dollars ($115.00) per month.
B. Certificate Level II Pay - An employee who obtains and maintains a valid Distribution
11, Treatment 11, or a California Water Environment Association (CWEA) Collection System
Maintenance 11 certificate shall be eligible to receive Certificate Pay at the rate of two hundred
and sixty-five dollars ($265.00) per month.
C. Certificate Level III Pay - An employee who obtains and maintains a valid Distribution
111, Treatment III, or a California Water Environment Association (CWEA) Collection System
Maintenance III certificate shall be eligible to receive Certificate Pay at the rate of two hundred
and ninety-five dollars ($295.00) per month.
D. An employee is entitled to receive only one level of Certificate Pay provided under
Sections A, B, and C above.
E. An employee who receives Certificate Pay in accordance with sections A-C above who
obtains and maintains an additional valid Distribution, Treatment, or CWEA Grade 11 or higher
certificate in a series other than the one compensated in A-C above, shall receive an additional
thirty dollars ($30.00) per month.
F. No additional compensation shall be granted for higher level certificates not included
above,
G. An employee shall immediately notify their supervisor if they have lost their certification
for any reason. Failure to maintain the appropriate certificate will result in the loss of certificate
pay as well as additional appropriate personnel action.
Section 12. Hazardous Material/Fire Inspector. Effective July 2, 2007, the pay range
for the position is to be adjusted and maintained at a minimum of five and one-half percent (5.5%)
above top step of the designated pay range for the position of Fire Engineer (40-Hour). In addition
to regular compensation, an employee in the position shall be eligible to receive the following
special compensation: Two hundred dollars ($200.00) each year for uniform purchases and
twenty dollars ($20.00) per month for uniform and accessory maintenance and five and one-half
percent (5.5%) above their regular rate of pay for a valid Fire Inspector certification Level I or 11.
Section 13. Fire Mechanic Pay (Education Incentive). Effective the pay period that
includes August 28, 2001, the Fire Chief has the authority and discretion to designate and/or
remove any covered employee who has obtained the Fire Mechanic II certificate from the
California Fire Mechanic Academy, or equivalent, as a Fire Mechanic II, up to authorized budget.
An employee who is designated Fire Mechanic II shall receive five and one-half percent (5.5%)
per pay period as additional compensation above their hourly base rate of pay. In order to maintain
5
tligibility for Fire Mechanic Pay, employees must satisfactorily complete additional training as
may be required by the Fire Chief.
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Applicator's License Pay of one hundred dollars ($100.00) per month above his regular rate of
pay. This compensation is provided to the Public Works Supervisor who is required to maintain a
Qualified Pesticide Applicator's Certificate.
Lillis - 1162, 0 6 NEW R. ITO 6 6
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immediately to provide notification.
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uch reimbursement shall be made upon presentation by the employee of an itemized receipt
describing the safety shoe purchased.
I- w -III
............
If the employee receives one or more of the special compensation items subject to
compounding referenced above, the one that is highest in the order above is calculated first, as
the applicable percent of the base hourly rate of pay. For each additional special compensation
item on the list above, the value shall be determined by multiplying the next one received in the
above order as a percentage of the base hourly rate of pay plus the value of the special
compensation items already calculated under this method.
An example of the calculation method for a Librarian who works eighty (80) hours in a
two week pay period is as follows:
1. Longevity Pay (8.4020%) Spec Comp Earnings $ 229.88
2. Supervising Librarian Pay (8.25 %) Spec Comp Earnings $ 244.68
(Supervisory Premium)
R
Section 18. Uniforms. Departments have established uniform standards for designated
classifications that are required to wear uniforms in the performance of essential job duties. Upon
employment, the City shall provide each employee in a classification that is required to wear a
uniform (shirt, skirt, jacket, or trouser) and other uniform gear as required by departmental
guidelines. Thereafter, uniforms shall be replaced on an as needed basis as determined by each
of the departments.
A. The monetary value for the purchase and/or rental and maintenance of uniforms
through City -contracted uniform providers is reportable to CaIPERS as "special compensation."
This excludes items that are for personal health and safety such as protective garments and
safety shoes. In accordance with the Public Employees' Pension Reform Act (Government Code
Section 7522 et. seq.) the reporting of uniform and maintenance value as "special compensation"
for CaIPERS members hired on or after January 1, 2013 is prohibited.
B. The parties agree that effective January 1, 2023, the current average annual cost
incurred by the City for the purchase and/or rental, and maintenance of employee uniforms will
be reported as special compensation pursuant to Section 571(a)(5) of the CalPERS regulations.
The value of the uniform provided is reported to CaIPERS as compensation subject to retirement
contributions for employees in classic retirement tiers (not PEPRA). The amount reportable for
the purchase and/or rental and maintenance of uniforms is based on the current average annual
cost paid for by the City for each employee, and shall not exceed five hundred dollars ($500.00).
The annual amount shall be reported on a per bi-weekly pay period basis
Section 1. Work Week. The regular work week for all employees covered by this
Agreement shall be forty (40) hours per week within a designated seven day work period.
A. 9/80 Work Schedule. The work schedule provides eighty (80) hours of scheduled
work in a two -week pay period: In one week the employee works four nine -hour days and one
eight -hour day; in the other week, the employee works four nine -hour days with one day off. In
this work schedule, the eight -hour work day and the day off is the same day of the week which
normally is a Friday or a Monday. The work week for Federal Labor Standards Act (FLSA)
overtime purposes shall be established as starting four hours into the shift of the eight -hour work
day. Management shall maintain the right to schedule employee's workdays, start and end times,
establishing FLSA work weeks, etc.
B. Employees with hardships may request to their department head to stay on the five
eight -hour work days per week schedule. If the request is denied, the Association and City agree
that the only appeal shall be to the Assistant City Manager. The decision of the Assistant City
Manager shall be final with no further appeal.
C. Management shall retain the right to modify the work schedule, including but not limited
to, returning to a schedule of five eight -hour work days per week (40 hours per week); provided
that the City provides written notice to the Association and employees at least twelve (12) weeks
prior to implementing the change.
7
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B. il• who participate in this voluntary program shall maintain their status • "full
time" with all the normal rights and privileges that status holds unless specifically altered by this
•:
C. Employees who are granted a reduction shall have salary "•:• in proportion to the
reduced hours or shall be paid for the actual hours worked.
D. The City shall continue contributions to medical benefits as outlined in this
Memorandum •1 Understanding.
E. Leave time benefits such as vacation, sick leave, and holidays shall be reduced in
proportion to the hours worked.
F. All approved programs shall begin on the first Monday in the month that begins a two-
P Iq. - -
1:1;u[K 5G[jeull(d ful- at leabi 111ru ]all Pay pelluub. E-ITIA116yeR OR 5my rtiaKfd IWO 1equestsicrianges
per fiscal year.
G. Nothing in this Section shall diminish management rights to schedule working hours,
starting times, the number of hours worked, nor right to refuse requests, nor other rights as
previously reserved.
MOIR =,
discussed in advance. Management may inform employees prior to the performance of the work
that only compensatory time is available. In this instance, employees shall have the right to refuse
the overtime assignment.
Section 2. No Pyramiding. There shall be no "pyramiding" of overtime, which means that
employees shall not be compensated more than once for the same hours under any provision of
this Agreement.
Section 3. Discouragement of Overtime. It is the policy of the City that overtime work is
to be discouraged. However, in cases of emergency or whenever public interests or necessity
requires, any department or division head may require any employee in such department or
division to perform overtime work. The projects and types of work for which overtime may be
authorized shall be approved in advance by the City Manager, except in the event of emergency,
overtime is authorized by the department head or his designate.
Section 4. When Absent From Duty. In the event an employee is absent from duty
whether for vacation, compensatory time, or sick leave for a period exceeding five (5) work days,
overtime during that work cycle will not be paid.
MUR63P l
• • •-
Section 1. Employees covered by this Agreement who are "called back" to perform work
outside of their regular work schedule as Special Call -Back Pay shall be guaranteed three (3)
hours of pay or pay at the rate of one and one-half (1.5) the regular rate of pay for actual hours
worked, whichever is greater. Special Call Back duty shall be granted following an order by the
immediate supervisor for an employee to report back for work in the event of a staffing emergency
or other immediate operational need. Special Call -Back duty requires the employee to return to
work after completing their regular work shift after he has left City premises and/or the employee's
work location. In accordance with FLSA, actual hours worked shall be counted toward the
computation of overtime pay. Those periods of overtime which had been scheduled by the
immediate supervisor or department head prior to the end of the regular work shift shall not be
considered Special Call -Back duty subject to the compensation provisions of this Article.
Section 1. Effective February 10, 2009, employees covered by this Agreement shall be
compensated for the employee's regularly scheduled work shift by receiving holiday pay for the
following City recognized holidays:
1. New Year's Day
2. Martin Luther King's Birthday
3. Washington's Birthday (President's Day)
4. Memorial Day
5. Independence Day
9
6. Labor Day
7. Veteran's Day
8. Thanksgiving Day
9. Day after Thanksgiving
10. Day before Christmas
11. Christmas Day
When a holiday falls on a weekday that is an employee's regular day off, the employee
shall receive eight (8) hours of compensatory time at straight time.
Section 2. When a holiday falls on a Saturday, the Friday preceding will be observed as
the holiday. When a holiday falls on a Sunday, the following Monday shall be observed as the
holiday. When Christmas Day falls on a Saturday, the day before Christmas shall be observed on
the previous Thursday. When Christmas Day falls on a Monday, the day before Christmas shall
be observed on the previous Friday.
Section 3. When an employee works on a holiday, the employee shall receive holiday pay
at eight (8) hours of straight time pay at the regular rate of pay together with pay for each hour
worked on the holiday.
Section 4. Should one of the holidays listed above fall during the employee's vacation
period, the employee shall receive holiday pay and no charge shall be made against tht;
employee's accumulated vacation.
LTI-otef-, V I [!Io
Section 1. Accruals. Full-time employees covered by this Agreement shall accrue paid
vacation leave on the following scheduled basis:
"ear of Service
0-3
4-5
6-10
11-15
16+
Hours Per Year
80
96
120
136
160
MOMOMM
6.7 Hrs.
8.0 Hrs.
10.0 Hrs.
11.3 Hrs.
13.4 Hrs.
Section 2. Accrual Limits. Vacation shall be taken at the convenience of the City with
the approval of the department head. Where possible, such vacation should be taken annually
and not accumulated from year to year. All eligible employees, however, shall only be allowed to
accumulate vacation in an amount equal to two times their annual accrual rate ("Maximum
Accrual"). Once Maximum Accrual is reached, it is intended that employees not be entitled to
accrue additional vacation until the amount of accumulated vacation is reduced to a level below
Maximum Accrual. If the employee is prohibited by the supervisor from taking the employee's
vacation because of staffing shortages or operational need, the employee shall be paid for the
period of advance authorized vacation. Such vacation shall be approved by the Department Head
IN
Starting with January 2018 vacation accruals, the balance of vacation leave earned must
not exceed Maximum Accrual. An employee will not be allowed to accrue vacation that exceeds
the Maximum Accrual until the vacation balance falls below the Maximum Accrual.
Section 3. Vacation Approval. The department head shall make every reasonable effort
to accommodate an employee's request to take vacation in order to reduce or avoid exceeding
the vacation Maximum Accrual. Any vacation taken under this Section shall be on a date mutually
agreeable to both the department head and the employee.
When an employee who has become entitled to receive vacation under this Article
separates from City service, either by retirement, permanent layoff, or termination, the employee
shall be entitled to be paid for unused earned vacation at the employee's regular hourly rate of
pay in effect at the time of separation.
Section 5. Accrual Calculation. Vacation shall be accrued on a monthly basis by dividing
twelve (12) into the number of eligible vacation hours per year, as set forth in Section I above, to
which the employee is eligible to receive based upon the employee's years of service with the
City.
Section 1. Leave of Absence. The City Manager may grant a permanent employee a
leave of absence for a specific purpose, without pay, for a period not to exceed up to one (1) year.
The City Council may grant a permanent employee a leave of absence for a specific purpose,
with pay, not to exceed one (1) year. No such leave shall be granted except upon written request
of the employee. Approval shall be in writing and a copy filed with the Human Resources Office
of the City. Upon expiration of a regularly approved leave, the employee shall be reinstated in the
position held at the time leave was granted. The employee shall report promptly upon the
expiration of any leave granted. Failure to report within a twenty-four (24) hour period after
expiration of leave shall be considered a voluntary resignation. Except as may be provided by
law, no employment or fringe benefits such as, but not limited to, sick leave, vacation, health
insurance, retirement or any other benefit shall accrue to any employee during leave of absence
without pay. An employee on approved leave may elect to pay the premiums due in order to
maintain health insurance benefits during the term of such leave.
Section 2. Written Notice of Intent to Return. An employee on leave of absence must
give the City at least seven (7) days written notice of the employee's intent to return to work.
Section 3. Outside Employment While On Leave. An employee who engages in outside
employment during said leave of absence shall be subject to termination. Any employee who
falsifies a reason for the request for said leave of absence or any extension of such leave of
absence may be terminated for falsifying such request.
11
ARTICLE X
QIQK LEA)L
;M
Section 1. Sick Leave Accruals.
A. Sick leave shall be accrued at the rate of 3.692 hours per biweekly pay period (ninety-
six [96] hours per year) for full-time employees without limit on accumulation. Sick leave shall not
be considered to be a privilege which an employee may use at his discretion, but rather shall be
allowed only for the purposes specified below.
Section 2. Use of Protected Sick Leave.
A. Efflectivethe start ofithe pay period which includes July 1, 2015, the first three (3) shifts
or hours equivalent (e.g. twenty-four [24] hours for employees assigned to a 5/8 work schedule,
twenty-seven [27] hours for employees assigned to a 9/80 work schedule, or thirty [30] hours for
an employee on a 4/10 work schedule) of paid sick leave taken each twelve (12) month period,
for any authorized purpose, will be considered sick leave used pursuant to the Healthy
Workplaces, Healthy Families Act of 2014. This twelve (12) month period is July 1 through June
30 for employees hired prior to July 1, 2015. For employees hired on or after July 1, 2015, the
twelve (12) month period is the twelve (12) month period beginning on the employee's hire date,
until the following July 1 at which point the employee's twelve (12) month period will begin the
start of the pay period which includes July 1 to the pay period that includes June 30.
B. Effective January 1, 2016, employees can use upto an additional forty-eight(48) hours
of sick leave per year provided by the California Kin Care law.
C. An employee can use sick hours as protected sick leave for any of the following
reasons: The dia or treatment of an exwstini health condition of -or ocreventative care
for, an employee or the employee's family member.
D. For purposes of this section, a family member includes employee's parent, child,
so,ouse nistered domestocnartner. arentorandchild and siblin-S. �nl h�
first three (3) shifts or hours equivalent plus forty-eight (48) hours of sick leave in a twelve (12)
month period can be used as described above.
E. Employees can use protected sick leave for related purposes if they are victims of
domestic violence, sexual assault or stalking.
F. In order to receive compensation while absent on protected sick leave, the employee
shall notify a designated supervisor within two (2) hours of the time set for beginning duty, if such
notification is physically impractical then such notification shall be waived until a reasonable
period has elapsed.
For any such absence in which protected sick leave is utilized, the employee shall submit
a written statement with the department head confirming the use of protected sick leave. A
physician's statement verifying the absence from work is not required.
G. When an employee is not utilizing protected sick leave, the department head or his
designee may require a physician's certificate stating the cause for any subsequent absence
IVA
before said leave shall be approved. Such absence may be more than one (1) work day or if there
is reasonable cause to indicate abuse of sick leave.
Section 3'Accrued Sick Leave Benefit The right ofenemployee toaccrued sick leave
benefits shall continue only during the period that the employee is on paid status. Accrued sick
leave benefits shall not give any employee the right to be retained in the service of the Citv, or
any right of doinn to sickness disability benefits after separation from the services of the Citw,
except as required by federal or state law.
A. Notwithstanding anything contained in this SmcUon, noemployee shall beentitled to
receive any payment orother compensation from the City while absent from duty by reason of
injuries or d|eeb||Kv received as a result of engaging in employment other than employment by
the City, for monetary gain or other compensation, or by reason of engaging in business or activity
for monetary gain orother compensation other than business or activity connected with City
employment.
Section 4. Fitness for Duty' Upon the written request of the appointing euthoritv, 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'a physician to determine fitness for duty.
Any employee so examined shall have the opportunity to submit the reports of competent
medical authority of his own selection, and at his own expense, in addition to the report submitted
by the Cih/'e physician. In the event of o conflict of opinion and/or recommendation of the two
phyaioionm, a third physician shall be selected bythe first two physicians and the final decision
shall bemade bythe City Manager based upon the medical evidence submitted tmhim.
A. Effective November 15, 2008, one hundred percent (100%) of an employee's unused
accumulated sick leave shall be deposited into the City Retirement Savings Plan to beused for
eligible medical ewpeneea, provided that the nnarinnumn number ofhours that will be deposited is
nineteen hundred (1.SOO).
B.|nthe event of a permanent or indefinite layoff, an employee with ten /10years of
continuous service with the City shall bmentitled bothe above benefit. |fsuch employee resigns
after receiving official notification of his impending layoff, he shall be eligible for the above benefit.
C. Accrued sick leave shall be valued for the purposes of this Section on the following
1. Sick leave earned prior bzJune 3O. 1974shall bacalculated adthe rate prevailing
at the end of the fiscal year in which it was earned.
2.Sick leave taken shall bededucted from the oldest, lowest value accrued sick leave
first, provided, hmvvever, when an employee takes sick |eoxe. the employee shall
receive for each day of sick leave one (1) day's pay at the employee's rate of pay
13
of a violent act, sick leave shall be converte•at the prevailing rate.
Section 2. Sick Leave Conversion to Vacation. Employees who become entitled to
accrue sick leave allowance which has not been used, may convert each two (2) hours of
accumulated sick leave to one (1) hour of vacation, after having accumulated six hundred and
forty (640) hours of sick leave and providing that not more than forty (40) hours of additional
vacation may be so converted in any one (1) fiscal year.
•
B. All such claims for bereavement leave are subject to verification by the department
head or their designee.
Section 4. Personal Leave. With advance approval of the department head, forty-eight
(48) hours per year of an employee's sick leave may be used on personal matters which are of
an unforeseen combination of circumstances which call for immediate action and are not
otherwise covered under protected sick leave. Such matters shall be considered as those events
MEL MUN111611"I
A. An employee that has at least one year of continuous service with the City and who
has exhausted all accrued leave (vacation, sick leave, compensatory time) due to non -industrial
illness or injury can be advanced sick leave time at the rate of seventy-five percent (75%) of the
employee's regular salary according to the following table:
Years of Service Total Hours
1 through 5 360
6 through 10 544
Over 10 720
Willa, M-18110111IN U
ii 11 Ili 1111111 IRIT11111 11 IN ii 11
=.. MGMTTTITISMS��_M_
01
accrual shall be reduced to four (4) hours per month and placed on a reimbursement schedule
with the Payroll Office to reimburse the City the value of the time used for such employee disability
leave. The employee may contribute vacation to accelerate employee's reimbursement to the City
for providing the benefits under this Article.
D. No employee shall receive more than the "Total" set forth above for his length of
service, during his entire employment with the City.
E. Grounds for termination of disability leave by the City Manager or his designee shall
include, but not be limited to, the following:
1. The employee has recovered from his illness or injury
2. The leave is being used as a pre -retirement leave for purpose of postponing
retirement or pension.
3. The disability leave was procured by fraud, misrepresentation or mistake.
4. The employee has not cooperated fully in supplying all information and submitting
to any examination requested by the City to determine the existence or continuing
nature of the employee's disability.
F. In the event an employee becomes ineligible to accrue sick leave or is scheduled to
end employment with the City and has not completed the reimbursement schedule for this benefit,
the balance due shall be handled by payroll deduction or accounts receivable as applicable.
�
A. When an employee is absent from work by reason of an injury or illness covered by
Workers' Compensation, the City will pay the difference between the amount granted pursuant to
the Workers' Compensation Act and the employee's regular rate of pay for up to one year.
Employees who are covered by this Agreement and are hired after May 13, 1997 and are absent
from work by reason of an injury or illness covered by Workers' Compensation, the City will pay
the difference between the amount granted pursuant to the Workers' Compensation Act and
eighty-five percent (85%) of the employee's regular rate of pay for up to six months (twenty-six
weeks). Thereafter, the employee will be paid the amount required by the Workers' Compensation
Act.
B. Reclassification of Injured Worker. If in the opinion of the City, an employee has
been found to be permanently physically incapable of performing the duties of the currently held
position, the City may place the employee into another vacant position of equal level or lower
within the Association, provided such placement is approved by the appointing authority. Nothing
herein shall be construed to prevent such employee from applying for and competing for positions
of a higher class or positions represented by other bargaining units.
15
4 M i W4M VJ I I I k t. I tIM IK:-MvI:-= VI 11111-0 WAM
Mrs 1001 111 1 11 $114 ARM 011-7,"IMMUM -
WIN W-
t-AIAI*FffTWTg p1#111'eT all UAIPU1111111yunnin Me MIMS Ui LU UeLUFFUlne 14711-M S1.11
leave shall be tRkei.
M 01,11 1-110110MAIMI Ila '16,0110 1
Ras pemwritea. —1;7wwes�lrj MUM Yne ernAliojee May recelie Trorn Me coart
shall be remitted to the City.
m6f;1431 11YA [gily'r-I rayaw,11611 11111 614r.14 kTr-MM.:,gIFl MUM11 0 M, 1 Vj 611 Kim I M Mwaill!yAMU-11- a - a - t
Section 5. Family Leave. The City shall comply with all State and Federal family leave
entitlement laws. Administrative Regulation No. 430 is incorporated by reference herein.
"Parent" is defined to include a parent, guardian, stepparent, foster parent, or grandparent of, or
a person who stands in loco parentis to, a child.
B. Except in the case of the need to address a child care provider or school emergency,
the use of such leave can be limited to eight (8) hours per month. An employee can be required
to use any earned compensatory time or vacation hours for any such absences related to child -
related activities.
Section 7. Consultation of Human Resources. To ensure the appropriate application of
all compatible statutorily provided protected leave, it is advised that the employee, department
head, or immediate supervisor consult with the Human Resources Director or designee in
advance on the use of protected leave.
Section 1. Administration. The City reserves the right to select the insurance carrier or
administer any fringe benefit programs that now exist or may exist in the future during the term of
this Agreement.
Section 2. Selection and Funding. In the administration of the fringe benefit programs,
the City shall have the right to select any insurance carrier or other method of providing coverage
to fund the benefits included under the terms of this Agreement, provided that the benefits of the
employees shall be no less than those in existence as of the implementation of this Agreement.
Section 3. Changes. If, during the term of this Agreement, any change of insurance
carrier or method of funding for any benefit provided hereunder occurs, the City shall notify the
Association prior to any change of insurance carrier or health plan administrator or method of
funding the coverage.
Section 1. Medical Insurance. Effective October 1, 2012, the City contracted with the
California Public Employees' Retirement System (CaIPERS) to implement the CaIPERS medical
benefits program governed by the Public Employees' Medical and Hospital Care Act (PEMHCA).
In its implementation, the City and the Association agreed that the mandated employer
contributions for retirees would be structured in a manner to maintain cost savings.
The City and the Association agreed that any necessary and legal modifications to the
retiree medical benefits provisions in this Memorandum of Understanding would be made for
compliance with the CaIPERS PEMHHA program and to maintain the benefit set forth in Article
XV, Section 6, without an increase to the City's minimum mandated contributions for retirees.
Such provisions are updated to include:
A. CaIPERS PEMHCA Program. Employees and retirees have the option of choosing
medical insurance coverage from any of the medical plans offered by CaIPERS.
B. City Contribution Amount. Effective January 1, 2022 and continuing through the
term of this agreement, the City's monthly contribution amount will be 100% of the premium rate
for medical insurance for employees plus their qualified dependent(s) up to the premium rates for
the Los Angeles region Kaiser HMO medical plan offered by CaIPERS.
If an employee enrolls in a plan with higher premiums than the City's contribution, he/she
will be responsible for the payment of the premium amount in excess of the City's contribution.
1' PEMHCA Employer Mandated Contributions. The City shall contribute on behalf
of each employee the mandated minimum sum as required per month toward the
payment of premiums for medical insurance under the PEMHCA program. As the
mandated minimum is increased, the City shall make the appropriate adjustments.
The City is mandated under PEMHCA to make a contribution to retiree medical
premiums. As allowed by the Government Code and the CaIPERS Board, the City
used the Unequal Contribution Method to make City contributions on behalf of
each retiree or annuitant. The 2012 starting year unequal contribution began at
$1.00 per month. The City's mandated contribution for each annuitant shall be
17
541-1 a 0- ME I I on im I I 101114161IN01611 I I [Zia MONIF N
1. For the term of this Agreement, the City's maximum contribution shall be the sum
of the monthly premiums as designated for each of the following categories:
Employee ♦n
Employee +1 Dependent ("EE +1")
Employee +2 or more dependents ("EE +2")
The maximum City contribution shall be based on the employee's enrollment in
each plan. The employer mandated PEMHCA contribution is included in the sum
• the CaIPERS medical • If an employee enrolls in a plan wherein the
costs '• the City's maximum contribution, the employee is responsible for all
additional premiums through pre-tax payroll deductions. An employee is not
entitled to any excess amount of premiums paid by the City on his behalf.
2. The City • to provide other benefits coverage under an Employee
Voluntary Benefits Program fully funded ♦ the employee ♦ a pre-tax basis in
accordance with IRS regulations.
1 . The employee must present written proof to the Human Resources Office that
and his qualified dependent(s) are covered by another non -City -sponsor
• plan for the current plan year;
3. The employee must sign a statement acknowledging his understanding that h
c qualified dependent(s) are not eligible to re -enroll in City sponsored medi I
coverage until the next announced Open Enrollment period or as otherwi
required by law under COBRA provisions.
18
The City agrees that the employee who is qualified to waive coverage shall receive three
hundred dollars ($300.00) per month ifwaiver eligibility iofor "employee only" cmverege, four
hundred fifty dollars ($450.00) per month if waiver eligibility is for "employee plus one" coverage,
or six hundred fifty dollars /$650.00\ per month if waiver eligibility is for "employee plus two or
more dependents" coverage. The e||8|b|e amount will be paid to the employee as taxable
earnings. A nnedioe| opt out election may only be made during an announced open enrollment
period for medical insurance changes effective January 1m.
A. HMO Dental Coverage. For the term of this Agreement, the City shall contribute thirty-
one dollars and ninety-five cents ($31.85) per month tuVvanja e MK8C) dental benefit plan for
employee and his/her qualified deponderd(e). Any amount necessary to cover the monthly
premium in excess of the City's contribution is the responsibility of the employee.
B. Delta Dental Premier Plan. This plan is o self -funded plan administered by Delta
Dental. Premiums are calculated annually based on prior year's claims experience, administrative
feee, and an industry trending projection. For the term of this Agreement, the City agrees to
maintain the employee's contribution rate of fifty-two percent (5296) towards monthly premium
coverage. The City a8naee to evaluate other Delta Dental plan options for implementation to
reduce pnarniunma or employee out ofpocket costs as a result ofchanging to ethree-tier rate
structure (^Emp|oyeeon|y." "Employee plus one dependent," and "Employee plus two or more
dependents").
Section 3. Life Insurance. Each employee covered by this Agreement shall be provided
with afifty thousand do||ar($5O.QOO.00) group term life insurance benefit and Accidental Death
and Dismemberment (AD&D) benefit without evidence of insurability other than evidence of full-
time employment with the City. Under the terms of this policy, benefit provisions are payable and
determined bythe insurance carrier.
' Sectiom4' Long Term Disability Insurance. Effective January 1. 1980. each employee
covered by this Agreement shall be provided long term disability insurance. Under the terms of
this po|ioy, benefit provisions are payable and determined by the insurance carrier.
Section 5. Employee Assistance Program (EAP). The City provides each employee an
EAP benefit that provides emotion a I/wel 1-bei ng, work and life counseling services on a toll free 24
hmur/7days per week.
Section 1.CaUPERS Retirement Plan. Employees covered bvthis Agreement participate
in the California Public Employees Retirement System UCa|PERS0. Employee options are
described in a contract between the City of Downey and the California Public Employees'
Retirement System and are incorporated into this Memorandum ofUnderstanding.
Section 2. First Tier Retirement Formula. Effective August 19. 2002. the City amended
the CalPERS contract to provide the benefit known as 2.7% at 55 retirement formula, as set forth
19
in California Government Code Section 21354.5.
A. In accordance with existing practice and Government Code sections 20636(c)(4) and
20691, the City will pay the employee's statutorily required member contribution of eight percent
(8%) and report this Employer Paid Member Contribution ("EPMC") to CalPERS as special
compensation.
B. Effective the start of the pay period that includes April 1, 2023, employees in the first
tier shall have deducted a total of six percent (6%) of CalPERS reportable compensation, on a
pre-tax basis, pursuant to Government Code Section 20516 (f).
C. Effective the start of the pay period that includes April 1, 2024, employees in the first
tier shall have deducted a total of seven percent (7%) of CaIPERS reportable compensation, on
a pre-tax basis, pursuant to Government Code Section 20516 (f).
D. Effective the start of the pay period that includes April 1, 2025, employees in the first
tier shall have deducted a total of eight percent (8%) of CalPERS reportable compensation, on a
pre-tax basis, pursuant to Government Code Section 20516 (f).
E. Should an employee be mandated by a change in law or other action to contribute any
necessary to reduce the deduction then being made pursuant to California Government Code
Section 20516(f), above, by the amount of the mandated employee contribution.
F. The City has passed a resolution setting forth that all deductions or contributions under
this Section shall be regarded as a pick-up of retirement costs pursuant IRC 414(h)(2).
G. First tier benefits are available only to "Classic" members (i.e. those members that do
Reform act ("PEPRA"), specifically Government Code Section 7522.04 (f) and who were hired
prior to October 10, 2012).
Section 3. Second Tier Retirement Formula. Effective January 11, 2012, the City
formula, as set forth in Government Code Section 21353. This Second Tier Retirement Formula
will not apply to "new members" as that term is defined by the Public Employees' Pension Reform
Act of 2013.
A. Employees covered hereunder shall pay, on a pre-tax basis, the seven percent (7%)
statutorily required member contribution to CalPERS.
Ig 100 N 2 111 161 MUNI In or -A 9:16 K Its MO WM; MORMicl lox*] mrQuy-Al plINA ling
C. Second tier benefits are available only to "classic" members (i.e. those members that
do not meet the statutorily definition of "new member" under the California Public Employees'
Pension Reform Act ("PEPRA"), specifically Government Code Section 7522.04(f) and hired on
or after October 10, 2012, but before January 1, 2013.
W
Section 4. Third Tier ("PEPRA" Tier) Retirement Formula. Employees who meet the
definition of "new member" set forth in Government Code Section 7522.04(f) shall be eligible for
the benefits provided by PEPRA, which include but are not limited to, the following:
A. Retirement formula of 2% @ 62 (Government Code Section 7522.25):
B. Employees covered hereunder shall pay a member contribution of fifty percent (50%)
of normal cost as determined from time to time by CalPERS (employee contribution is six and
one-fourth percent (6.25%) for FY 2022-23).
C. There shall be no Employer Paid Member Contribution ("EPMC") by the City;
D. Retirement benefit calculations shall be based on pensionable compensation, as
defined by Government Code Section 7522.34; and
E. Retirement benefits shall be calculated based on the three (3) year highest average
annual pensionable compensation.
Section 5. Survivor/Death Benefits. Effective July 13, 2009, the City implemented the
PERS contract amendment to include: (a) the Level 4 1959 PERS Survivor's Benefit program
(section 21574) and (b) the Pre -Retirement Optional Settlement 2 Death Benefit (section 21548).
A. Based on eligibility at retirement, the City will contribute $98.00 per month towards a
retiree's RHS account. This contribution is inclusive of the Public Employees' Medical and
Hospital Care Act (PEMHCA) statutory minimum employer contribution as specified in Cal.
Government Code § 22892(c).
As a result of the City contracting for CalPERS medical insurance pursuant to PEMHCA
provisions effective October 1, 2012, the City's previous retiree medical contribution is revised to
a City contribution towards RHS Plan to avoid an increase cost to the City's mandated contribution
for retirees.
B. Eligibility Requirements. Subject to meeting eligibility criteria below, the maximum
ninety-eight dollars ($98.00) per month shall be deposited on a quarterly basis to the retiree's
RHS account for the reimbursement of qualified medical expenditures. To be eligible to enroll in
a CalPERS health plan, pursuant to CalPERS rules and regulations, and receive the monthly City
contribution towards RHS Plan specified in A above, the employee must satisfy the following
eligibility criteria:
1. At the time of retirement the employee has a minimum often (10) years of service,
or is granted a service connected disability retirement; and
2. At the time of retirement the employee is employed by the City; and
3. Effective the day after official separation from the City the employee has been
granted a retirement allowance by the California Public Employees' Retirement
System.
21
C. The City's obligation to deposit up to a maximum of ninety-eight dollars ($98.00) per
A I I r-Kej E I 117-A m I Lonyl I Its
t During any period the retiree is eligible to receive or receives health insurance
coverage at the expense of another employer the payment will be suspended.
"Another employer" as used herein means private employer or public employer or
self-employed or the employer of a spouse. As a condition of being eligible to
receive the RHS contribution set forth above, the City shall have the right to require
any retiree to annually certify that the retiree is not receiving any such paid health
insurance benefits from another employer. If it is later discovered thali
misrepresentation has occurred, the retiree will be responsible for reimbursement
to the City of those amounts inappropriately deposited and the retiree's eligibility
to receive future RHS deposits will cease.
3. Upon the death of the retiree, the City's obligation to deposit into the retiree's RHS
account shall cease. The surviving spouse shall be able to continue CalPERS
medical insurance coverage pursuant to PEMHCA provisions and provided the
surviving spouse pays the appropriate premiums minus the City's mandated retiree
contribution amount.
D. It is understood and agreed that the amount equivalent to the annual amount
contributed by the City to an eligible retiree's RHS account, shall be included as an item of total
compensation in survey comparisons.
E. An eligible retiree covered by this Section who no longer elects coverage under any
City sponsored medical plan, effective at the end of any calendar quarter may present the City
with proof of payment for alternate health insurance coverage and continue to receive the City's
deposit to the retiree's RHS account on a quarterly basis up to the amount to which the retiree is
entitled per Section A above. Once a retiree elects to withdraw from eligibility to participate in a
City sponsored health plan for coverage under an alternate insurance plan, the retiree may not
re-e6mll i6 a City sA1*i9s*re1 meiical i,Ia6 #&ttheFMse_ft?feits the City's RHS ci6tr4Yti#i5 amilvi5t
permanently.
In addition to the conditions specified above, the City's deposit to a retirees RHS account
shall cease upon the occurrence of any of the following:
1 . The retiree fails to submit or respond to the City's request (via certified mail to the
last known mailing address of the retiree) to provide appropriate proof of alternate
health insurance coverage at the end of sixty (60) days from the date of the City's
written request.
2. The death of the retiree.
NN
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 shall be reimbursed for courses as recommended by the department head with job
related justification and approved by the City Manager or their designee. An employee must
receive a passing grade in order to be reimbursed for the course. Reimbursement shall be made
at the rate of tuition charged at California State University, Long Beach for courses on the
semester system. Courses on the quarter system shall be reimbursed at the unit equivalent
California State University, Long Beach tuition amounts.
Section 1. Appointment. An original or promotional appointment will be tentative and
subject to a probationary period of not less than six (6) months, except that the City Manager may
extend the probationary period for a class up to an additional six (6) months or for a marginal
employee who is on probation for up to an additional three (3) months. During the probationary
period an employee may be terminated at any time because of unsatisfactory performance.
During the probationary period the employee's supervisor shall attempt to counsel the
probationary employee on a periodic basis, prior to the end of the probationary period regarding
his performance.
Section 2. Status of Probation. If the service of the probationary employee has been
satisfactory to the appointing authority, then the appointing authority shall file with the personnel
officer a merit rating including a statement, in writing, to such effect and stating that the retention
of such employee in the service of the City is desired. If the services of the employee are deemed
to be unsatisfactory and his employment is to be terminated at or before the expiration of the
probationary period, the appointing authority shall file with the Personnel Officer, a statement in
writing setting forth this action to be taken.
Section 3. End of Probation. All probationary periods shall extend to the first day of the
month following the period of probation.
Section 4. Rejection Following Promotion. Any employee rejected during the
probationary period following a promotional appointment or at the conclusion of the probationary
period by reason of failure of the appointing power to file a statement that his services have been
satisfactory, or at the discretion of the employee, shall be reinstated to the position from which he
was promoted unless charges are filed and he is discharged in the manner provided in the
Personnel Ordinance and the rules for positions in the classified service. If there are no vacancies
in the position from which he was promoted, the provisions of ARTICLE XVIII shall apply.
23
Section 1. Definition. Employee seniority is the length of continuous service of the
employee with the City from his most recent date of hire or rehire.
A. No employee shall acquire any seniority until he has completed his probationary
period.
B. When an employee has completed his probationary period, his seniority shall date
from date of hire.
Section 2. Layoffs.
A. TT,'henever, in the judgment of the City Council, it becomes necessary to layoff
employees, the City may abolish any position covered by this Agreement. Any employee holding
reasons therefore be filed, and shall have no right of appeal or hearing.
B. Seniority shall be observed in affecting layoffs in personnel. The least senior employee
in a classification subject to layoff Will be laid Off first.
C. An employee subject to layoff may exercise his seniority (1) within a job family laterally;
(2) within a job family to a lower classification; or, (3) to a classification previously held by the
employee, provided that the employee meets the current qualifications and requirements of the
position in which he/she seeks to exercise seniority, and provided further that any such exercise
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D. For purpose of this section, job families are established in Exhibit B attached to this
Agreement.
Section 3. Loss of Seniority Rights. A separation from service, other than an approved
leave of absence or layoff, shall cause the employee to lose his seniority rights.
Section 4. Re -Employment List. Names of employees laid off shall be placed on a re-
employment list in order of their seniority and shall remain on such list for a period of two years.
During this time, the City will use this list to rehire employees in order of seniority, provided that
the employee held the classification being filled or held a classification in the same job family.
Section 6. Layoff Notice and Severance Pay. In the event the City decides to contract
for work provided by an employee covered by this Agreement, the City will provide at least one
month's notice to the affected emvloyee gior to the effective date of the lavAoff. An em"-pee laid
off because the City contracts with a private company to perform his duties will receive a
severance payment upon termination equal to three (3) months of the employee's current salary
amount.
M.
Section 1'The City rmeenaam, retaina, and ievested with, solely and mxn|ueivek/, all rights
of Management which have not been expressly abridged by specific provision of this Agreement
or by law to manage the City, as such rights existed prior to the execution of this Agreement. The
sole and exclusive rights ofManagement, agthey are not abridged bythis Agreement orhy |exv,
mhe|| ino|ude, but not be limited to, the following rights:
A. Tomanage the City generally and 10determine the issues ofpolicy.
B. To determine the existence or non-existence of facts that are the basis of the
Management decision.
C. To determine the neoasedu and organization of any service or activity conducted by
the City and expand or diminish services.
D. To determine the natune, manner, nnemna, and tenhno|oQy, and extent of services to
be provided to the public.
E. Methods offinancing.
F. Types of equipment or technology to be used.
G. To determine and/or change the facilities, nnethode, tmchno|ogy, nneone, and size of
the work force by which the City operations are to be conducted.
H. To determine and change the number of |ocetone, ne|ocatone, and bxoea of
operations, processes and materials to be used in carrying out all City functions including, but not
limited to, the right to contract for or subcontract any work or operation of the City.
i To assign xvod« to and schedule employees in accordance with requirements as
determined by the City and to establish and change work schedules and assignments.
J.To relieve employees from duties for lack of work or similar non -disciplinary reasons.
K. To establish and modify productivity and performance programs and standards
including, but not limited to, quality and quantity standards; and to require compliance therewith.
L. To discharge,euemand.dannote.mrotherwieadianip|ineenno|oyeaahzrpnopercause.
M. Todetermine job classifications and toreclassify employees.
N. To hke, transfer, promote and demote employees for non -disciplinary reasons in
accordance with this Memorandum of Understanding and applicable Resolutions and Codes of
the City.
0. Todetermine policies, proceduresand standards for selection, training and promotion
of employees.
25
WINTMOOM
0. To establish and promulgate and/or modify rules and regulations to maintain order and
safety in the City which are not in contravention with this Memorandum of Understanding.
R. • take any and all necessary action to carry •'. the mission • the Agency in
•
Management's discretion in the exercise of these rights shall not be diminished. The City shall not
exercise the foregoing • in an arbitrary • capricious • invidiously • discriminatory manner
or in such a manner as to imperil the health and/or safety of the employees.
Section 1. New Employee Orientation. In accordance with AB 119, the City shall notify the
Board when a 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 • 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 in
�he Association.
:• 3. Release Time for Meet and Confer. The Association may select a maximum of
three (3) members to attend scheduled meetings with the Human Resources Director or other
hours. In addition, they may meet for a maximum of one (1) hour per meet and confer session for
the purpose of preparation •'.: such sessions.
Section 4. Maintenance of Membership. Unless prohibited by law, any employee in the
Association who has authorized Association dues deductions on April 24, 2018 (the effective
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employee in the Association may terminate such dues during the period of October 1 through
October 10 of each year of the Memorandum of Understanding by notifying the Association in
writing ofhis election Uzterminate dues deduction. Such notification ahe|| be delivered in person
or by U. S. Mail and should be in the form of letter containing the following information:
employee name, employee number, jobclassification, department name, and name mf
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 (110) business days after the close of the withdrawal period.
Section 6. 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.
A. PROHIBITED CONDUCT
Section 1.The Association, its officers, agents, representatives and/or members agree
that during the term of this Agreement they will not cause or condone any strike, moa|kout.
slowdown, sick-out, or any other job action by withholding or refusing to perform services.
Section 2. The City agrees that itshall not lockout its employees during the term of this
Agreement. The term "|oohouy'inhereby defined eoaanot toinclude the discharge, suspension,
bnmn|nsdion. lay off, failure to neoe|| or failure to return to work of ennp|mymea of the City in the
exercise ofits rights aaset forth in any ofthe provisions ofthis Agreement orapplicable 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 fai|e, in good fadh, to perform all responsibilities listed bm|ovv in B. Section
1, the City may suspend any and all of the rights and privileges accorded to the Association under
the Employee Relations Ordinance and this Agreement inc|udinQ, but not limited to, right of
access, check-off.the use ofthe City'ebulletin boards and facilities.
B. ASSOCIATION RESPONSIBILITY
Section 1. In the event that the Association, its officers, agents, representatives, or
members engage in any of the conduct prohibited in A. Section 1 above, the Association shall
immediately instruct any persons engaging in such conduct that their conduct is in violation of this
Agreement and unlawful and they must immediately cease engaging in conduct prohibited in A.
Section 1 aboxe, and return towork.
Section 2. If the Association performs all of the responsibilities set forth in A. Section 1
above, its ofOcera, egents, representatives shall not be liable for damages for prohibited conduct
performed by employees who are covered by this Agreement in violation of A. Section 1 above.
27
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Section 1. Grievance. Grievance shall be defined as a dispute between the Association,
of this Agreement, Personnel Rules, or Departmental Rules and Regulations, or suspensions of
one day or more, demotions, or terminations from employment.
procedure nor suspend the operation thereof.
A. Any retroactivity on monetary grievances shall be limited to the date that the grievance
was filed, in writing, except in cases where it was impossible for the employee to have had prior
knowledge of an accounting error.
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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.
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Step One. Informal Procedure. An employee must attempt first to resolve a grievance
through discussion with his immediate supervisor within ten (10) working days from
the date of the alleged incident or action giving rise to the grievance on an informal
basis. If, after such discussion, the employee does not believe the problem has been
satisfactorily resolved, he shall have the right and obligation to discuss it with his
supervisor's immediate supervisor, if any, and his department head, if necessary.
Every effort shall be made to find an acceptable solution by these informal means at
the most immediate level of supervision. At no time may an informal process go
beyond the department head concerned. In order that this informal procedure may be
responsive, all parties involved shall expedite this process. In no case may more than
thirty (30) days elapse from the date of the alleged incident or action giving rise to the
grievance, and the filing of a written grievance in Step Two, or the grievance shall be
barred and waived.
Step lWo. Department Head Response. If the non -disciplinary grievance is not resolv-'"'
in Step One, or if no answer has been received within five (5) working days from t
presentation of the oral grievance, the employee may, within thirty (30) working da
from the date of the incident giving rise to the grievance, present the grievance
writing to his department head. Failure of the employee to take this action
constitute termination of the grievance. The department head shall further review a
28 1]
discuss the grievance with the employee and shall render its decision and comments,
inwriting, and return them tmthe employee within ten (10working days after receiving
the grievance.
§122 Three. Management Representative. Ifthe grievance kanot resolved |nStep Two,
or if no answer has been received within time limits established in Step Two, the
employee may within ten (10) working days, present the grievance in writing to the
designated management representative for processing. Failure of the employee to
take this action will constitute termination of the grievance. In the event the employee
is not being represented by e recognized employee onQan|zation, the designated
management representative shall attempt 10resolve the grievance. |fthe employee is
being represented by a recognized employee mrganizobon, the designated
management representative shall convene a joint meeting of the recognized employee
orQon|oebVn and hinnee|f, within five (5) working daya, in an attempt to resolve the
grievance. In the event the grievance is not satisfactorily adjusted or settled through
d|ooueo|on at this |oVe|, management shall advise the employee and/or employee
organization, in writing, within ten (10) working days as to its position on the grievance.
Step Four. Grievance Hearing. If the grievance isnot resolved inStep Three, the
employee may, within ten M0working days ofthe receipt ofthe written position from
management re9raeentgtiwes, present a "request for hearing" in writing to the Human
Resources Director. However, the only grievances which may be submitted for review
are nnmttane which have resulted in e suspension without pay. reduction in pay,
demotion, 1armina1ion, or otherwise have monetary value tothe employee. Failure of
the employee to take this action will constitute termination of the grievance. With the
approval of the Personnel Advisory Board, the Human Resources Director eho||
request from the State Mediation and Conciliation Sen/ioe, or mutually agreed upon
alternative organization, e 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
geven, the parties shall alternately strike names from the ||ot, with the City striking the
first name. The identity of the last remaining individual on the |ia1 will be selected as
the hearing officer. The hearing officer shall preside over afull and fair evidentiary
hearing and, within thirty (30) calendar days of its conclusion, render a written decision
that includes findings of fact and a recommendation to the City Manager. That decision
shall beserved jointly upon the grieving party and the City Manager.
§je Five. City MaDecision. Within thirty 80calendar days ofreceipt ofthe
decision of the hearing officer, the City Manager shall, in writing, adopt, modify or reject
that decision. The decision of the City Manager ohe|| be the final administrative
decision.
Section 1' Substance Abuse Policy. The City ofDowney and the Association have
vital interest in maintaining eofe, healthful and efficient working conditions. Being under the
influence of a drug or alcohol on the job may pose serious safety and health risks not only tothe
user but to co-workers and the citizens of Downey. The possession, use or sale of an illegal drug
29
'Iff FIFF101 e MY I o ns.
"On the job" means while on City premises, at work locations, or while on duty or being
compensated on an "on call status."
The City of Downey and the Association recognize that their future is dependent on the
physical and psychological well-being of all employees. The City and the Association mutually
acknowledge that a drug and alcohol -free work environment benefits Downey's employees and
citizens.
The purpose of this section is to define the City's drug and alcohol policy as well as the
possible consequences of policy violation.
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B. When reasonable suspicion exists, the City may require an employee to submit to a
medical examination, including, but not limited to, a substance screening. Substance screening
means the testing of urine or other body fluids as reasonably deemed necessary by a physician
to determine whether an employee has a restricted substance in their system.
2. Post -accident testing under this Article shall be conducted based on reasonable
suspicion as defined in this Section and shall not be automatic, unless as required
by law per Department of Transportation (DOT) Federal Motor Carrier Safety
Administration Regulations (FMCSA) (refer to City of Downey Controlled
Substance and Alcohol Misuse Policy and Procedures Manual).
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D. The supervisor, or designee, shall transport the suspected employee to the testing
facility. Testing shall occur on City time and be paid for by the City. Employee urine samples, or
other body fluids, will be by a certified system which includes methods or mechanisms designed
to assure the integrity of the sample. The facility used for testing shall be certified by the
Substance Abuse and Mental Health Services Administration of the Department of Health and
Human Services and comply with established guidelines for "chain of custody" to insure that
identity and integrity of the sample is preserved throughout the collecting, shipping, testing and
storage process.
E. Any positive test for alcohol or drugs will be confirmed by a scientifically sound method.
An employee who tests positive on a confirmatory test will be given the opportunity to discuss the
results with a physician to be designated by the City. The employee should be prepared at that
time to show proof of any valid medical prescription for any detected substance or to otherwise
explain, if he or she so chooses, a positive test result.
F. While use of medically prescribed medications and drugs is not per se a violation of
this policy, this policy shall establish that no employee shall operate a City vehicle or dangerous
machinery or equipment while taking any kind of medication or drugs which are clearly marked
that they may cause significant drowsiness or impair an employee's performance. An employee
shall notify his/her supervisor, before beginning work, when taking such medications or drugs. In
the event there is a question regarding an employee's ability to safely and effectively perform
assigned duties while using such medications or drugs, clearance from a physician designated
by the City may be required. The City reserves the right to send an employee home on sick leave
under these circumstances.
G. Employees with substance abuse problems are encouraged to participate voluntarily
in the City -sponsored Employee Assistance Program (EAP). Assistance through the EAP may be
sought by an employee with complete confidentiality and without adverse consequences to
his/her employment. Employees should be aware, however, that a request for assistance through
the EAP will not insulate the employee from disciplinary action already contemplated. Depending
upon the facts surrounding the reasonable suspicion determination, positive test result, and/or
other violation of this policy or other City/department rules and regulations, the City may refer an
employee to the EAP. Such referral could, at the discretion of the City, be made available to the
employee as an alternative to disciplinary action. Referral would be subject to agreement by the
employee to enroll, participate in and successfully complete a rehabilitation and/or counseling
program and other terms and conditions in a "Last Chance Agreement."
It is the City's intent to use the EAP option for first offenders except the City
reserves the right to discipline for those offenses which are a significant violation
of City/department rules and regulations or where violation did or could have
resulted in serious injury or property damage.
Section 2. Department of • • • i •T) 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. As applicable, the City's policy and procedures will be amended to comply
with changes in law.
2. Unless otherwise designated, the Human Resources Director is the Designated
Employer Representative (DER) and shall be responsible for overseeing
compliance and implementation of this City's DOT Controlled Substance and
Alcohol Testing Program.
3. Consequences of a Positive Controlled Substance and/or Alcohol Test. A covered
employee who tests positive for a controlled substance and/or alcohol may be
31
=10% MMOMs
4. As a result of a positive controlled substance and/or alcohol random test--:!
temporary non -safety sensitive job assignment for an employee who is removed
from the performance of safety sensitive duties or who is restricted from driving
non-commercial City vehicles, may be approved by the department head based
on the availability of meaningful work to meet operational need.
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6. The cost of a split specimen under a random test shall be paid by the City or
reimbursed to the employee on a negative result only. The cost of a controlled
substance and/or alcohol test under follow-up testing is the responsibility of the
employee.
Section 3. Labor -Management Committee. Representatives of the Association and
management shall meet on a quarterly basis for purposes of improving communication and
resolving labor relations matters. Agendas shall be agreed upon in advance, with both parties
having equal opportunity to submit items. Any matter agreed upon by both parties may bG
iiscussed; but discussion does not constitute waiver of access to the grievance process.
Chairmanship of the committee shall be alternated among the parties.
Section 4. Transfer Rights. The City agrees that if an employee's current supervisor or
that employee a position, the employee may appeal the decision to the Human Resources
Director.
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The taking of rest periods is hereby declared to be a matter of privilege and not of right.
Supervisors shall have the right to schedule rest periods to maximize the efficiency of their
operations. Any rest period not taken at the time permitted shall be deemed waived and shall not
be accumulated or carried over from one work period to any subsequent work period, or
compensated in any form.
ARTICLE XXIV
ENAA=� ol ill � � � I;l ;ll III I ; � 11 �I i � ;�Ill I ill I ill i � 11 1• a Z
Section 1. It is the intent of the parties hereto that the provisions of this Agreement shall
supersede all prior agreements and Memoranda of Understanding, or memoranda of agreement,
or contrary salary and/or personnel resolutions and ordinances of the City, oral or written,
expressed or implied, agreements between the parties or understandings between the parties,
and shall govern their entire relationship and shall be the sole source of any and all rights which
32
may be asserted hereunder. This Agreement is not intended to conflict with federal or state |ovv
Section 2. Notwithstanding the provisions of Section 1 in this Article. there exists within
the City of Doxvney, certain personnel reem|uUono, ordinances and departmental rules and
regulations. To the extent that this Agreement does not specifically contravene provisions of these
personnel rmeo|utimno, ondinanoee, departmental rules and regulations; such personnel
reeo|ut|one, ordinances and departmental rules and regulations are specifically incorporated
herein.
During the term of this Agreement, the parties mutually agree that they will not seek to
negotiate or bargain with regard to vvo0ea, hmune, and terms and conditions of employment,
whether urnot covered by this Agreement or in the negotiations leading thereto and irrespective
of whether or not such matters were discussed or were even within the contemplation of the
ped|ee hereto during the negotiations leading to this Agreement. ReQand|moo of the waiver
contained inthis Article, the parties may:
1. Bvmutual agreement, inwriting, agree to meet and confer about any matter during
the term of this Agreement.
2. Meet and confer |naccordance with Article XViSection 2~
ARTICLE XXVI
Section 1-The parties agree that the City can re -open negotiations toachieve labor cost
savings during the term of this Agreement, however, Ulena eheU be no changes unless nnutue|k/
agreed to in writing.
Sectiom1. The pates agree that in 2026 priorto the expiration of this agreement the
City shall complete a compensation survey utilizing the City's established survey agencies. The
Association shall have the ability to select up to five (5) additional classifications in addition to
the benchmark classifications identified bythe City.
ARTICLE XXVII
In the event of circumstances beyond the control of the City, such as acts ofGod, fire,
33
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the impact on employees of the suspension of these provisions in the Agreement and any
Personnel Rules and Policies.
ARTICLE XXVIII
SEPARABILITY
Should any provision of this Agreement be found to be inoperative, void, or invalid by 2
46,
ARTICLE XXIX
The term of this Agreement shall commence on April 1, 2023 and shall continue in full
is and effect until March 31, 2026.
03
The City and the Association acknowledge that this Agreement shall not be in full force and
effect until ratified by the Association and adopted by the City Council of the City of Downey.
Subject to the foregoing, this Agreement is hereby executed by the authorized representatives of
the City and the Association and entered into this 8'" day of December, 2022.
DOWNEY CITY EMPLOYEES'
CITY OF DOW ASSO 'ATION —MISCELLANEOUS UNIT
B. By,
James c ueen, Human Resources Director J on Riddle, Preso ent
By:
.r
APPRO AS TO FORM:
.... ..... . ..
35
Kathleen J,n Raay, i President
a Koapquez, ;secretary
Tina Ybarra-Galvez, Treasurer
�j.
*�11:1i1:111 i_1
ASSOCIATION
Accountant
Administrative Aide
Administrative Assistant
Administrative Clerk I
Administrative Clerk II
Ambulance Operator Coordinator
Assistant Civil Engineer I
Assistant Civil Engineer I - Utilities
Assistant Civil Engineer 11
Assistant Civil Engineer II - Utilities
Assistant Planner
Assistant Planner 11
Assistant Superintendent of Facilities &
Maintenance
Assistant Superintendent of Utilities System
Associate Civil Engineer
Associate Planner
Associate Utility Engineer
Building Inspector
Building Permit Technician
Center Supervisor
Code Enforcement Supervisor
Executive Secretary
Fire Communications Center Supervisor
Fire Mechanic
Fire Prevention Technician
GIS Technician
Hazardous Materials/Fire Inspector
Junior Accountant
36
KDB/Recycling & Waste Coordinator
Librarian
Library Administrator
Library Assistant
Neighborhood Watch/Social Media
Coordinator
Plan Checker/Inspector
Police Records Supervisor
Principal Building Inspector
Principal Planner
Program Coordinator
Program Supervisor
Public Works Supervisor II
Purchasing Coordinator
Recreation Coordinator
Recreation Supervisor
Secretary
Senior Account Clerk
Senior Building Inspector
Senior Code Enforcement Officer
Senior Librarian
Senior Library Assistant
Senior Planner
Social Media Coordinator
Supervising Library Assistant
Transit Coordinator
Utilities Inspector
Water Systems Supervisor II
Water Quality & Environmental Specialist
'i F III I , I'l 1! 6304 NO AAENI
MISCELLANEOUS UNIT
Account Clerk I
Account Clerk 11
Accounting Coordinator
Assistant Civil Engineer
Budget Analyst
Civil Engineer
Computer Operator I
Computer Operator 11
Computer Operator III
Construction Inspector
Data Entry Operator
Engineering Aide
Equipment Maintenance Supervisor
Fire Education Specialist
Fire Network Administrator
Housing Planner
Housing Specialist I
Housing Specialist 11
Human Resources Technician
Integrated Waste Coordinator
Junior Engineering Aide
Junior Civil Engineer
Library Associate
Network Administrator
PABX Operator/Receptionist
Parking Permit Inspector
Personnel Analyst
37
Plan Check Engineer
Plan Checker
Planning Technician
Programmer
Programmer/Analyst 11
Project Assistant
Public Works Supervisor I
Public Works Technician
Real Estate Officer
Reprographics Specialist
Residential Rehabilitation Supervisor I
Residential Rehabilitation Supervisor 11
Revenue Superviso• r
A
•
Senior Accountant
Senior Building Permit Technician
Senior Engineering Aide
Senior Library Associate
Senior Programmer/Analyst
Special Program Coordinator
Special Projects Coordinator
Supervising Accountant
Technical Coordinator/Theater
Theater Supervisor
Water Construction Specialist
Water Systems Technical Supervisor 11
Water Quality Contract Administrator
Account Clerk kY\dnnin Clerk |
Account Clerk H/Adnm|n Clerk U
Senior Account Clerk
Junior Accountant
Purchasing Coordinator
Revenue Supervisor
Accountant
Senior Accountant
Supervising Accountant
2. Junior Engineering Aide
Engineering Aide
Senior Engineering Aide
Junior Civil Engineer
Assistant Civil Engineer|/U
Associate Civil Engineer
Civil Engineer
3. Library Assistant
Senior Library Assistant
Automation Circulation Systems Operator
Library Associate
Senior Library Associate
Librarian
Senior Librarian
Library Administrator
4. Planning Technician
Assistant Planner
Assistant Planner ||
Associate Planner
Senior Planner
Principal Planner
5. Building Inspector
Plan Checker
Senior Building Inspector
P|anChecher Inspector
Plan Check Engineer
Principal Building Inspector
0. Data Entry Operator
Computer Operator |
Computer Operator ||
Computer Operator III
Programmer
Programmer/Analyst ||
38
Senior Programmer Analyst
Network Administrator
7. Administrative Clerk I
Administrative Clerk 11
Secretary
Executive Secretary
Secretary to the City Clerk/City Attorney
Administrative Aide
8. Public Works Supervisor I
Public Works Supervisor 11
Assistant Superintendent of Facilities & Maintenance
9. Water Construction Specialist
Water Quality Contract Administrator
Water Quality & • Specialist
Water Systems Supervisor 11
Water Systems Technical Supervisor 11
Assistant Superintendent • Utilities
10. Building Permit Technician
Senior Building Permit Technician
11. Recreation Coordinator
Recreation Supervisor
12. Housing Specialist I
Housing Specialist 11
Housing Planner
13. Program Coordinator
Program Supervisor
Neighborhood Watch Coordinator
14. Center Supervisor
Special Program Coordinator
15. Residential Rehabilitation Supervisor I
Residential Rehabilitation Supervisor 11
16. Assistant Civil Engineer 1/11 - Utilities
Associate Utility Engineer
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The Following Classifications Have No Job Family:
Administrative Assistant
Budget Analyst
Code Enforcement Supervisor
Construction Inspector
Equipment Maintenance Supervisor
Fire Communications Center Supervisor
Fine Education Specialist
Fire Mechanic
Fire Network Administrator
Fire Prevention Technician
G|GTeohnioion
Hazardous Material/Fire Inspector
Human Resources Technician
Integrated Waste Coordinator
PCDBKReoyo|ing&Waste Coordinator
Neighborhood Watch/Social Media Coordinator
PABXOpera1or/RecepUonist
Parking Permit Inspector
Personnel Analyst
Police Records Supervisor
Project Assistant
Public Works Technician
Real Estate Officer
Reprographics Specialist
Senior Code Enforcement Officer
Special Projects Coordina1or
Social K8adie Coordinator
Techn|ca|Coordinatmnr7heater
Theatre Supervisor
Transit Coordinator
Utilities Inspector
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�Executive Secretary
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41
MR
EXHIBIT
- ®_---------- .........
Effective April 1 2024
e���`Y �� �:tsi„2k.`w d4 $��'.$ ".. "fiRii. .. 1 �'�1..5 Zf" � r..P �'�` �\ S"�`��t iF�y ,. *?^kl �1. � C°��'(Oc..iti`1\31ii�a`1t}^t�e �'ti��s§?'�»•\1 �� l',. .�..
�b.�, ",2 T��ia
'
c <
iAccountant
27 0812 28 5708 30.142 31.7999 33 5487
Al
Admmistratnre Aide
33.3045 35.1362 37 0687 39.1076 41.2583 1
Admmistratrve Assistant
J 26 5557 i 28 0165 29.5571 i 31.1826 32,8982
Administrative Clerk 1
? 18.7578 1 19.7896 20.8781 22.0261 23.2372
Administrative Clerk II
mro
21.68111 22.8731 24.1309 25 4589 1 26.8582
(Ambulance Operator Coordinator
33.5382 35.3828 1 37.3290 39.3820 41.5149
lAssistant Civil Engineer 1
37.3211 39.3733 t 41.5393 43.8238 46.2345
Assistant Civil Engmeer I Utilities
37 3211 134 3733 t 41.5393 43.8238 46 2345
Assistant Civil Engineer II
39.8965 42.0909 44 40561 46.8482 1 49.4248
�.. .... _ ..
Assistant Civil Engineer II -Utilities
_
39 8965 r 42.0909 44 4056 46 8482 49.4248
_
lAssistant Planner
32.1257 33.8926 135 7565 37.7233 ' 39 7978
rAlsistant Planner II
34 3496 36 2388 ' 38.2321 40.3346 42.5533
}Assistant Superintendent of Facilities & Maintenance
1 409313 4 3 1825 45.5573 ' 48.0631 150.7062
(Assistant Superintendent of Utilities
40.9313 43.1825 45.5573 48.0631 50.7062 1
JAssociate Civil Engineer
x
42.6685 45.01551 47.4912 1 50.1031 i 52.8588
;Associate Civil Engineer- Utilities
42.6685 45.0155 47.4912 50.1031 52.8588
;Associate Planner
37.7,668-1, 39.8123 ' 42.0022 i 44.3121 46.74821
Building Inspector
31.5260 1 33.2601 , 35.0897 37.0197 39.0557
Building Permit Technician
23.27711 24.5574 25.9086 27.3335 28.8366 4
Center Supervisor
35.5117 37.4649 39.5250 1 416992 1 43 9422
Code Enforcement Supervisor
38.4053 40 5176 ; 42.7463 45.0968 47.54
-.
Executive Secretary
a. a
[ 25.1713 j 26.5557 28.0165 29.5571 31.1826
�.
Fire Communications Center Supervisor
40.584442.81661 45.1717 47.6555 50.2770
_...
Fire Mechanic
32.70671 34.5055 36.40261 38.4053 40.5176
Fire Prevention Technician
,
23.2771 24.5574 25.9086 27.3335 2883E
�30.77311
IGISTechnician
3 50
29.1688 32.4657 1 �34.2513 36 1350
Hazardous Materials/Fire Inspector **
47.8819 50.5156 ( 53.2940 56.2251 59.3174
Junior
21.8974 i 23.1021 24.3722 25 7130 27.1272 ,
_
KDB Recycle & Waste Coordi nator
...
�, ..........®� ..... -
29.2476 ' 30.8562 32 5535 34 3438 1 36.2329 m
__...
Librarian
33.2959 35.1269 37.0593 39.0970 r 41.2408
Administrator
44.1887 46 6191 49 1831 51 8882 54.742f
0Library
.,...,... _.. ..__..
Library Assistant
_................... _. _.................. ...._. .......
20.8719 . 22.0198 ; 23.2312 24.5090 x 25.8571
'Neighborhood Watch/Social Media Coordinator
23.9510 25.2683 1 26.6580 ; 28.1243 1 29.6709
_._ 4 .e..... ...,...
_... _
Plan Checker/Inspector
37.0315 ' 39.06801 41.2172 43,48311 45.8760
;Police Records Supervisor
33.5382 ' 35.3828 37.3290' 39.3820 41.5149
1Principal Building Inspector
44.44861 46.8932 ; 49.4724 52.19321 55.0516'
_ ..
'Principal Planner
45.5059 48.0089 j 50.6494, 53.4351' 56.3760
Program Coordinator
23.0455 , 24.3130 a, 25.6503 , 27.0613 28.5491
Program Supervisor
38.4053 40.5176 , 42.7463 45.0968 47.5774
Public Works Supervisor II
35.7638 " 37.7313 ' 39.8061 , 41.9960 44.3057
IPurchasingCoordinator
®..e
24.0868 254115 26.8091 28.2836 29.8392
Recreation Supervisor
35.4543 37.4042 39.4621 41.6312 : 43.9222
Secretary �w
21.4363 22.6150 23.8594 , 25.1713 26.5557
_ . ..._ ... .. _.. e........_ ,
Senior Account Clerk
„
25.2330 26.620428.0852 ; 29.6293 . 31.2592
Senior Building Inspector
_...__
37.0315 39.0680 , 41.2172 43.4831 45.8760
... ,. ., .. k
Senior Code Enforcement Officer
33.6603 35.5117 , 37.4649 39.5250 41.6990
Senior Librarian
39.0946 , 41.2447 43.5134 45.9066 48.4313 `I
Senior Library Assistant
22.6353 23.8694 25.1830 26.5672 ; 28.0291
Senior Planner
42.0002 44.3103 46.7473 49.3183. 52.0243
Social Media Coordinator
23.9510 25.2683 26.6580 28.1243 29.6709 :
Supervising LibraryAssistant
29.2118 30.8183 32.5134 34.3018 36.1879
Uti I ities $nspector
31.5260 33.2601 35.0897 37.0197 39.0557 °
WdterSystms Supervisor 11
35.7638 37.7313 39.8061 41.9960 44.3057
Water Quality & Environmental Specialist
35.7638 ' 37.7313 39.8061 41.9960 , 44.3057
**Effective the start of the pay period that includes January 1, 2024, December 25, 2023; in accordance with Article III, Section 12.
42
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-Effie
Effective March 31, 2025
1
'N 10
lAccountant
1.3
,;Administrative
38.5515
,Administrative Assistant
27.6179
29.1372 1 30 7394 32.4294i34.2141
(Aclministrative Clerk 1
19.5081
20.5812 21.7132 1 22.9071
Administrative
d inistrative Clerk 11
------ - --------------
22.54831
23.7880, 25.0961 26.4773 27.9325
Ambulance Operator Coordinator
34.8797
36.7981 38.8222, 40.9573 43.1755
Assistant Civil Engineer 1
38.8139
40.9482 j 43.2009 45.5768 48.0839
;Assistant Civil Engineer I - Utilities
t.re
38.8139
40.9482 43.20091 45.5768 4&0839
- - - ------- .. . .... . ........... - ---- - ----------------
jAssistant Civil Engineer 11
41.4924
43.7745 46.1818 i 48.7221 51.4018
;Assistant Civil Engineer 11 - Utilities
41.4924
43-7745, 46 1818 48.7221 51.4018
'Assistant "Planner
....... . ..
33.4107
35.244 33 37.1868 i 39.2322 41.3897
l(Assistant Planner 11
35.7236
37.68841 39.7614 41.9480 44.2554
'Assistant Superintendent of Facilities& Maintenance
42.5686
44.90981 473796 49.9856 52.7345
JAssistant Superintendent of Utilities
42.5686
44.9098 47.3796 49.98561 52.7345
,Associate Civil Engineer
1 44.3752
. ...........
46.8161 49.3909 52.1072 54.9732
iAssociate Civil Engineer- Utilities
- --------- ---- ------- -------
44.3752
46.8161 49.3909 52.1072 54.9732
'Associate Planner
39.2463
- - - - ------
41.4048 43.6823 46.0846 = 48.6181
Building Inspector
1 32.7870,
34.5905 36.4933 38.5005 40.617 9
Building Permit Technician
24.2082
....... - -------------- - --
25.5397 26.9449 28.42681 29.9901
�Center Supervisor
36.9322
38.9635 41.1060 43.36721 45.7519:
I Code Enforcement Supevisor
39.9415
42.1383 44.4562 46.90071 49.4805
. . .... ......... ..... ... .
lExecutive Secretary
26.1782
. ..... ..
27.6179 29.1372 30.7394 32.4299
Fire Communications Center Supervisor
42.2078
44.5293 46.9786 49.5617 52.2881
Fire Mechanic
34.01501
35.8857 37.8587 39.9415 42.1383
,Fire Prevention Technician
24.2082
25.5397 26.9449 28.4268 29.9901
,GIS Technician
30.3356
32.0040 33.7643 35.6214 37.5804
'Hazardous Materials/Fire Inspector***
49.7972
52.5362 55.4258 58.4741 61.6901
!Junior Accountant
22.7733
24.0262 25.3471 26.7415 28.2123
iKDB Recycle & Waste Coordinator
30.4175
32.09051 33.8556 35.7176 37.6822
'Librarian
34.6277
.............. ..
36.5320 = 38.5417 40.6609 42.8904,
,Library Administrator
45.9563
48.4839 51.1504 53.9637 56.9317
Library Assistant
21.7068
22.9006 24.1605 25.48941 26.8914
lNeighborhood Watch/Social Media Coordinator
24.9090
26.2790 27.7243 29.2493 30.8577 1
!Plan Checker/Inspector
38.5128
40.6307 42.8659 45.2224 47.7110
:Police Records Supervisor
34.8797
36.7981 38.8222 40.9573 43.1755
!Principal Building Inspector
46.2265
48.7689 51.4513 54.2809 57.2537
Principal Planner
47.3261
.................. .
49.9293 52.6754 55.5725 58.6310
�;Program Coordinator
23.9673
25.2855 i 26.6763 28.1438 29.6911
!Program Supervisor
-----------------
39.9415
42.1383 44.4562 46.9007 f 49.4805
,Public Works Supervisor 11
37.1944
39.2406 41.3983 43.6758 46.0779
�Purchasing Coordinator
1 25.0503
26.4280 27.8815 29.4149 31.0328
'Recreation Supervisor
3 6.8725
i
38.9004 41.0406 43.2965 45.6791
:Secretary
22.2938
23.5196 24,8138 26.1782 27.6179
Senior Account Clerk
26.2423
27.6857 29.2086 30.8145 32.5096
'Senior Building Inspector
38.5128
40.6307 42.8659 45.2224 47.7110
Senior Code Enforcement Officer
35.0067
36.9322 38.9635 41.10601 43.3670
Senior Librarian
40.6584
42.8945 45.2539 47.7429 50.3686
Senior Library Assistant
23.5303
24.8242 26.1903 27.6299 29.1503
Senior Planner
43.6802
46.0827 48.6172 51.2910 54.1053
Social Media Coordinator
24.9090
26.2790 27.7243 29.2493 30.8577
Supervising Library Assistant
30.3803
32.0510 33.8139 35.6739 37.6354
Utilities Inspector
32.7870
34.5905 36.4933 38.5005 40,6179
Water Systems Supervisorli
37.1944
39.2406 413983 43.6758 46,0779
Water Quality & Environmental Specialist
37.1944
39.2406 41.3983 43.6758 46.0779
ctive the start of the pay period that includes January 1, 2025, December 23, 2024; in accordance with Article III, Secti
43