HomeMy WebLinkAboutResolution No. 08-7098 - Approve MOU w/ DCEA - Maintenance (11/08 thru 10/09)RESOLUTION NO. 08-7098
I 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/MAINTENANCE UNIT
(November, 2008 to October, 2009).
WHEREAS, the City has met its obligation to meet and confer pursuant to the Myers-
Milias-Brown Act and Employee Relations Ordinance No. 1118; and
WHEREAS, the City and the Association have reached agreement; and
WHEREAS, the City and the Association 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 of Downey and the
Downey City Employees/Maintenance Unit Association, 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.
I SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
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APPROVED AND ADOPTED this 15th day of December, 2008.
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MARIO A. GUERRA, Mayor
ATTEST:
KATHLEEN L. MIDSTOKKE, City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at an adjourned regular meeting held on the 15th day of December, 2008, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN :
Council Members:
Council Members:
Council Member:
Council Member:
Bayer, Brossmer, Gafin, Marquez
Mayor Guerra
None
None
/<MM)/
KATHLEEN L. MIDSTOKKE, City Clerk
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY
AND
THE DOWNEY CITY EMPLOYEES' ASSOCIATION/
MAINTENANCE UNIT
November 1 . 2008 – October 31, 2009
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY AND
THE DOWNEY CITY EMPLOYEES' ASSOCIATION/MAINTENANCE UNIT
ARTICLE NO TITLE OF ARTICLE PAGE NO
RECOGNITION
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111
NON-DISCRIMINATION
BASIC COMPENSATION PLAN 2
Sec
Sec
Sec
Sec
Sec
Sec
Sec
Sec
Sec
Sec
Sec
Sec
Sec
Sec.
1 – Salary Increases/Adjustments
2 – Plan of Salary Schedules
3 – Eligibility for Merit Salary Advancement
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5 – Merit Longevjty
6 – Mechanics’ Tools
7 T Out - of - Rank Pay
8 – Safety Work Boots
9 – Acting Pay
10- Backflow Certification Pay
11- Bonus Pay for Training
13- Wat gr System Operator Certificate Pay
14- Qualified License for Pesticide Pay
IV WORK WEEK
Sec. 1 – Work Schedule
Sec. 2 – Voluntary Reduction of Full-time Hours
V OVERTIME (COMPENSATORY TIME)
Sec. 1 – Compensation for Overtime
Sec. 2 – Overtime Policy
Sec. 3 – Emergency/Disaster Service Condition
Sec. 4 – Overtime
VI
VII
VIII
COMPENSATION FOR SPECIAL CALL-IN
HOLIDAYS 8
9
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VACATION
Sec. 1 – Accruals
Sec. 2 – Accrual Limits
Sec. 3 – Vacation Payoff
Sec. 4 – Accrual Calculation
Sec. 5 – Use of Vacation
IX LEAVES OF ABSENCE 10
Sec. 1 – Leaves of Absence Without Pay
Sec. 2 – Health Insurance Premiums Paid by Employee
Sec. 3 – Notice of Return to Work
Sec. 4 – Outside Employment While on Leave
Sec. 5 – Notification when Accumulated Hours Exhausted
Sec. 6 – Sick Leave
Sec. 7 – Emergency Leave
Sec. 8 – Personal Leave
Sec. 9 – Workers’ Compensation Injury on Duty
Sec. 10–Employee Disability Leave
Sec. 11- Military Leave
Sec.-12- Jury Duty
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X FRINGE BENEFIT ADMINISTRATION 15
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Sec. 1 – Administration
Sec. 2 – Selection and Funding
Sec. 3 – Changes
XI HEALTH, DENTAL AND LIFE INSURANCE
Sec. 1 – Medical Insurance
A. Employee Withdrawal from City Health Plans
Sec. 2 – Dental Insurance
Sec. 3 – Life Insurance
XII RETIREMENT
Sec. 1 – PERS Coverage
Sec. 2 – Employee's PERS Contribution
Sec. 3 – Retiree Medical Annuity
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XIII TUITION REIMBURSEMENT
Sec. 1 – Reimbursement Rates
XIV PROBATIONARY PERIOD 18
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Sec. 1 – Length of Probation/Extensions
Sec. 2 – Process for Retention/Termination
Sec. 3 – First of the Month
Sec. 4 - Rejection Without Right of Appeal
XV SENioRiTr
Sec. 1 – Definition
i
Sec. 2 – Probationary Employees Excluded
Sec. 3 – Layoff and Bumping Rights
Sec. 4 – Loss of Seniority
Sec. 5 - Re-employment List
Sec. 6 - Layoff Notice and Severance Pay
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XVI CITY RIGHTS
Sec. 1 – Management Rights
Sec. 2 – Exercise of Management Rights
Sec. 3 – Contracting Out
XVII EMPLOYEE ORGANIZATION RIGHTS AND
RESPONSIBILITIES 21
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Sec. 1 – Agency Shop Agreement
Sec. 2 – Election
Sec. 3 - Association Dues/Service Fees
Sec. 4 - Religious Exemption
Sec. 5 - Rescission
Sec. 6 - Indemnification
XVIII NO STRIKE – NO LOCKOUT
Prohibited Conduct
Sec. 1 – No Job Action
Sec. 2 – No Lockout
Sec. 3 – Consequence for Prohibited Conduct
Sec. 4 – Suspension of Employee Organization Rights
Association Responsibility
Sec. 1 – Association Responsibility
Sec. 2 – Hold Harmless
XIX GRIEVANCE PROCEDURE 25
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29
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Sec. 1 – Definition of Grievance
Sec. 2 – Conduct of the Grievance Procedure
Sec. 3 – Grievance Steps
XX MISCELLANEOUS
Sec. 1 – Substance Abuse Policy
Sec. 2 – Lateral Transfer Procedure
Sec. 3 – Labor-Management Committee
Sec. 4 - Family Leave
Sec. 5 - Court Referrals
Sec. 6 - Americans with Disability Act (ADA)
Sec. 7 - Reopener
111
XXI SOLE AND ENTIRE MEMORADUM OF UNDERSTANDING
Sec. 1 – Sole Source
Sec. 2 – Inclusion of Other Rules .and Regulations
WAIVER OF BARGAINING DURING TERM OF THIS
AGREEMENT
EMERGENCY WAIVER PROVISION
SEPARABILITY
TERM OF MEMORANDUM OF UNDERSTANDING
RATIFICATION AND EXECUTION
CLASSIFICATIONS REPREENTED BY ASSOCIATION
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XXII
XXIII
XXIV
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XXVI
Exhibit A
IV
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF DOWNEY AND THE
DOWNEY CITY EMPLOYEES' ASSOCIATION/MAINTENANCE UNIT
ARTICLE I
RECOGNITION
Pursuant to the provisions of the Employee Relations Ordinance No. 394 and the Supplemental
Employee Relations Rules and Regulations of the City of Downey, the City of Downey (hereinafter called
the "City") has recognized the Downey City Employees' Association/ Maintenance Unit, (hereinafter
called the Association,) as the exclusive representative of employees in the Maintenance Unit which
includes the classifications described in Exhibit A. The City has recognized the Association for the
purpose of meeting its obligations under the Meyers–Milias-Brown Act, Government Code Section 3500
etc. seq. and the Employee Relations Resolution of the City when City rules, regulations or laws affecting
wages, hours or other terms and conditions of employment are amended or changed.
ARTICLE II
NON-DISCRIMINATION
Section 1. The parties mutually recognize and agree to protect the rights of all employees hereby
to join and/or participate in protected Association activities or to refrain from joining or participating in
protected activities in accordance with the Employee Relations Ordinance and Government Code
Sections 3500 and 3511.
(
Section 2. The Association and the City agree not to discriminate against any employee with
respect to recruiting, hiring and promotion based upon race, sex, religion, color, national origin, ancestry,
age or qualified physical handicap. All decisions with respect to recruiting, hiring and promotion shall be
based upon an individual's qualifications, as related to the requirements of the position being filled. The
Association and the City further agree that other personnel matters, including but not limited to,
compensation, benefits, transfers, layoffs, recall from layoffs, training, education and social and
recreational programs shall be administered without regard to race, sex, religion, color, national origin,
ancestry, age, or qualified physical handicap. The Association further agrees not to discriminate against
any member or applicant for membership on the basis of race, sex, religion, color, national origin,
ancestry, age, or qualified physical handicap.
The City encourages all employees to treat one another with dignity and respect. Harassment of
fellow employees is a violation of City policy. No employment decision may be made based upon an
employee’s submission to or rejection of such conduct. Any employee who believes that he or she is the
victim of such harassment, whether sexual, racial, ethnic or religious, is required immediately to report
the conduct to a supervisor, the department head or the Personnel Director. Any employee who
engages in such conduct is subject to disciplinary action, including immediate discharge.
Section 3. WheneveF the masculine gender is used in this Memorandum of Understanding, it
shall be understood to include the feminine gender.
(
ARTICLE III
BASIC COMPENSATION PLAN
Section 1. Salary Increase/Adjustment.
A. Salary Increase. All employees covered by this Memorandum of Understanding shall receive
the following salary increases:
1. Effective November 3, 2008, four percent (4%). Employees who are on active payroll
status the date of the adoption of the agreement and employees who have retired after
November 3, 2008 shall be eligible for the retroactive adjustment.
B. Salan/Adjustments.
1. Effective November 3, 2008, the following classifications shall receive salary range
adjustments as indicated:
Maintenance Worker II
Residential Rehabilitation Worker II
Mechanic
Water System Operators II who work in the Water Fund
Water System Leadworkers who work in the Water Fund
3.0c70
3.0cI/o
4.5%
7.Ocyo
7.0%
Section 2. Plan of Salary Schedules.
A. Description of Schedules. The pay plan consists of a set of monthly salary schedules. Each
of such schedules is designated by a schedule number. Each schedule consists of five (5) steps of
monthly compensation, each of which is designated by step letter.
B. Hourly Equivalent Calculation, For payroll purposes, the hourly equivalent of a monthly rate
shall be computed by dividing twelve (12) times the monthly rate by fifty-two (52) times the number of
working hours per week.
Section 3. Eligibility for Merit Salary Advancement.
A. Eligibility for Salary Step Increase.
1. Salary step increases shall be considered on a merit basis only, and then only at the
following times, and in accordance with subsection B below.
2. All full time appointments shall be made at the first step of the salary schedule assigned
that class, unless prior written approval of the City Manager is obtained for appointments at a higher step
in the assigned schedule.
3. No salary advancements shall be made so as to exceed the maximum rate established
in the salary schedule for the class to which the employee's position is allocated.
2
B. Qualification for Salan/ Step Advancement.
r 1. Advancement shall not be automatic but, shall be based upon melt, dependent upon
increased service value of an employee to the City as exemplified by recommendations of his supervisor,
length of service, performance record, special training undertaken, and other objective evidence.
2. Only employees rated as meeting the standard of fully effective work performance shall
be qualified to advance to the salary steps B, C, D and E.
C. Merit Evaluation
1. Every employee shall receive an objective, written job performance rating, no
sooner than twenty (20) working days before, no later than ten (10) working days before the date of
eligibility for each salary step, merit longevity or hourly increase, and annually thereafter, and upon a
change of employment status. Nothing in this section shall prohibit the department head from
authorizing a supervisor to give an additional objective rating to an employee between those periods
of time described in this section,
2. It shall be the duty of the department head to delegate the responsibility of every
employee's rating to that level of supervision having immediate knowledge of the employee's work.
An employee shall be rated by his immediate supervisor, which rating shall be reviewed by the
department head.
Section 4. Salary Schedule.Step Reduction. Whenever an employee's work performance
falls below the level for which a step increase was granted, an employee's authorized pay may be
reduced to the employee's previous step rate under written procedures established by the City for
demotions and reduction in pay.I Section 5. Merit Longevity.
A. Eligibility for Merit Lonqevity. Upon approval of the appointing power, permanent
employees who have completed ten (10) continuous years of service may receive merit longevity
pay provided that:
1 The employee has maintained eligibility for salary Step E; and
2. The employee has been evaluated in the tenth year as "meets standards" as
defined by a comprehensive rating at or above the middle column of the current reporting form, or
the equivalent rating on any revised reporting form. Eligible employees shall be paid, in addition to
their respective regular prescribed salary, a monthly amount equal to the next salary step above
their monthly base rate; and after twenty (20) years, one and one-half (1-1/2) steps above their
monthly base rate.
B. Qualification for Merit Longevity. Merit longevity is to be provided as continuing incentive
to career employees. Such payment shall continue with approval of the City Manager, only during
such period as an eligible employee continues to "meets standards" as defined above, and shall be
terminated at any time by the City Manager when the quality of service, as evidenced by the
performance rating of such employee, does not merit such additional compensation.
Section 6. Mechanics' Tools. If tools provided by the Mechanics are lost due to fire or
verified burglary, then the City shall replace said tools. The Police Department would provide
verification of burglary, after review of appropriate evidence.
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Each Mechanic shall be reimbursed for the purchase of tools up to an annual budget limit of
$300.00. Effective July 1 , 2000, the annual budget limit for the purchase of tools shall be $500.00.
Effective January 1 , 2009, the annual budget limit for the purchase of tools shall be $1,000.00. At
the earliest possible time after purchase, the employee shall claim reimbursement for approved tools
by submitting an itemized receipt, The department head shall expeditiously authorize such
reirnbursernent for approved tools. Approved tools shall be of a high quality, bearing a brand name
that is recognized throughout the industry and approved by the department head (e.g.,
Sears-Craftsman, Proto, Snap -On).
Section 7. Out-of-Rank Pay. To assure the orderly performance and continuity of municipal
services, the City may temporarily assign employees to positions of higher rank on an acting basis.
The selection of an employee for an out-of-rank assignment shall be at the discretion of the
department head or his designee. A temporary out-of-rank pay differential of one step (5.5%) shall
be authorized when an employee has actually worked in a position of higher rank for a period of ten
(10) consecutive work days. Paid holidays shall be considered as days actually worked. Other
forms of authorized leave such as sick leave, emergency leave and vacation shall not be considered
as days actually worked. An employee who receives out-of-rank pay will continue to receive any
salary premium amounts (longevity, certificate pay, etc.), will maintain their existing benefits, and will
receive any general salary adjustments provided to employees with the same classification.
Section 8. Safety Work Boots. Covered maintenance employees in the Public Works
Department and Community Development Departments, other than those crews listed below shall
be reimbursed for the purchase of approved safety work boots up to an annual budget limit of
$120.00. Effective January 1 , 2009, this annual amount shall equal $160.00. Covered employees
who work in the park crew, street crew, the water distribution crew, mechanics, and the water supply
crew shall be reimbursed for the purchase of approved safety work boots up to an annual budget
limit of $160.00. Effective January 1, 2009, this annual amount shall equal $200.00. Such
reimbursement shall be made upon presentation by the employee of an itemized receipt showing
that work boots, meeting City safety requirements, have been purchased. Maintenance employees
shall wear work boots meeting safety requirements at all times while on duty. The City agrees to
permit a one-year carry over of the boot allowance at the employee's option to cover the purchase of
boots in excess of the budget limit.
Section 9. Acting Pay. An employee who has been designated by the City to serve in an
acting capacity for 60 consecutive work days or more shall receive Step A of the range for the
classification in which the employee is performing active duties or 5.5%, whichever is greater.
Service in an acting capacity shall not be used as a basis for, or in support of, a request for
reclassification. An employee who receives acting pay will continue to receive any salary premium
amounts (longevity, certificate pay, etc.), will maintain their existing benefits, and will receive any
general salary adjustments provided to employees with the same classification.
Section 10. Backflow Certification. The Director of Public Works shall have the authority
and discretion to provide and/or eliminate special backflow certification pay to any covered
employee up to budget authority. Employees who are assigned to backflow certification shall receive
a salary additive of 5.5% per month above the employee’s regular rate of pay. The Director of
Public Works has the discretion to establish appropriate selection criteria and job responsibilities
related to this special pay.
Section 11. Bonus Pay for Training. At the department head's discretion, an employee
who is assigned by the department head to train new employees may be paid an amount equal to
two and three-quarters percent (2-3/4%) of the appropriate range in the salary schedule for a
maximum period of twelve (12) months. To be eligible to receive the bonus pay for training, an
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employee must be specifically assigned to a trainee by the department head. A trainer will receive
the extra stipend for hours scheduled and worked in a training capacity.I Section 12. Bilingual Pay. Employees required to speak or translate Spanish as part of
their regular duties will be compensated $23.08 per bi-weekly pay period in addition to their regular
salary. The employee’s department head has the authority and discretion to assign and/or remove
this bonus up to budget authority. To be eligible for this assignment, the employee must pass a
conversational examination administered by a court certified interpreter, or an employee who has
been certified by the Personnel Director to administer such examination. Employee must recertify at
least every eighteen(18) months to maintain the eligibility. Effective October 30, 2000, qualified
employees will be compensated at $46.15 per bi-weekly pay period.
Section 13. Water System Operator Certificate Pay. Effective August 2, 2004 specified
employees, who are assigned to the Water Division, shall receive additional compensation at the
following rates of pay upon attainment of the following California Department of Health Services
Distribution System Classification and Treatment Facility Classification certificate(s). Effective
December 15, 2008, an employee who is not assigned to the Water Division, but is required to
possess and maintain such certification shall receive this pay.
A. Employees who are Qlassified as Water System Operators and who maintain a D1 and/or
T1 certificate shall be eligible for Certificate Level One Pay of $50.00 per month. Effective January
2, 2006, Certificate Level One pay will be $75.00 per month. Effective December 15, 2008,
Certificate Level One pay will equal $115.00 per month.
B. Employees who are classified as Water System Operators or Water System Lead
Operators and who maintain a D2 and/or T2 certificate or above shall be eligible for Certificate Level
Two Pay of $100.00 per month. Effective January 2, 2006, Certificate Level Two pay will be
$225.00 per month. Effective December 15, 2008, Certificate Level Two pay will equal $265.00 per
month
[
C, Employees are entitled to receive only one level of Certificate Pay.
D. No additional compensation shall be granted for certificates at higher !evels (e.g. D3-D5
and/or T3-T5).
Employees shall immediately notify their supervisor if they have lost their certification for any reason.
Failure to maintain the appropriate certificate will result in the loss of certificate pay as well as
additional appropriate personnel action.
Section 14. Qualified License for Pesticide Pay. Effective January 2, 2006, the Director of
Public Works shall have the authority and discretion to provide and/or eliminate qualified operators
license for pesticide pay to any covered employee up to budget authority. Employees who are so
assigned shall receive Pesticide Pay of $100.00 per month above the employee’s regular rate of
pay. The Director of Public Works has the discretion to establish appropriate selection criteria and
job responsibility related to this special pay.
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ARTICLE IV
WORK WEEK
Section 1. Work Schedule.
A. The 9/80 schedule provides eighty (80) hours scheduled work in a two-week cycle: (1 )
one week the employee works four 9-hour days and one 8-hour day; (2) the other week consists of
four 9-hour work days with one day off. The "work week" for FLSA overtime purposes shall be
established as four hours into the shift of the 8-hour day. Management shall maintain the right to
schedule employee's work days, start and end times, establishing FLSA 'Work weeks," etc.
B. Employees with hardships may request to their department head to stay on the five
eight-hour days. If the request is denied, the association and City agree that the only appeal shall
be to the Assistant City Manager. The decision of the Assistant City Manager shall be final with no
further appeal.
Section 2. Voluntary Reduction of Full-Time Hours.
A. A department head may grant a request from a full-time employee to reduce their work
hours below forty (40) hours in a "work week." Employees may request reductions of up to, but not
to exceed , sixteen (16) hours in a two-week pay period . This section shall not apply to employees
who request reductions of more than sixteen (16) hours in a pay period.
B. Employees who participate in this voluntary program shall maintain their status of
"full-tirne" with all the normal rights and privileges that status holds unless specifically altered by this
section
C. Employees who are granted a reduction shall have salary reduced in proportion to the
reduced hours or shall be paid for the actual hours worked.
D The City shall continue contributions to medical benefits as outlined in this M.O.U.
E. Leave time benefits such as vacation, sick leave and holidays, shall be reduced in
proportion to the hours worked.
F. All approved programs shall begin on the first Monday in the month that begins a pay
period. Employees approved for this program shall be required to remain on the reduced schedule
for at least two pay periods. Employees shall only make two requests/changes per fiscal year.
G. Nothing in this section shall diminish management rights to schedule working hours,
starting times, the number of hours worked, nor right to refuse requests; nor other rights as
previously reserved.
ARTICLE V
OVERTIME (COMPENSATORY TIME)
Section 1. Compensation for Overtime. All approved overtime worked by an employee in
excess of forty (40) hours in the employee's work week shall be paid at the rate of time and one-half
the employee's regular hourly rate.
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Section 2. There shall be no pyramiding of overtime pay.
Section 3. It is the policy of the City that overtime work is to be discouraged. However, in
cases of emergency or whenever public interests or necessity requires, any department or division
head may require any employee in such department or division to perform overtime work. The City
shall assign overtime on a fair and equitable basis and shall establish a system of rotation of
overtime, provided that such system shall guarantee the integrity of the City's ability to perform
services with adequate available manpower. The projects and types of work for which overtime may
be authorized shall be approved in advance by the City Manager, except in the event of emergency,
overtime is authorized by the department head or his designate.
Section 4. Overtime. Overtime may be compensated in time off or money. Employees
assigned to work overtime shall have the right to be paid money, unless the form of compensation
has been discussed in advance. Management may inform employees, prior to the performance of
the work, that only "comp. time" is available. In this instance, employees shall have the right to
refuse the overtime assignment.
ARTICLE VI
COMPENSATION FOR SPECIAL CALL-IN
Section 1 . Employees covered by this Agreement who are called in to perform work at times
other than those normally required for the employee’s employment shall receive and be paid for a
minimum of two and six-tenths (2.6) hours at the overtime rate of time and one-half. Employees
shall be entitled to call-in pay in the event the employee is required to report back to work after
completing his normal work shift, left City premises, and/or the employee work location. Hours
worked in excess of the 2.6 hour guarantee shall be counted toward the computation of overtime
pay
Section 2. If an employee is called in less than four (4) hours before the start of a regular
shift, the employee shall be paid for the hours actually worked. Such hours shall be counted toward
the computation of overtime pay.
Section 3. 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
work at times other than normally required
Section 4. Emergency Call Out. Emergency call outs for employees not on standby shall be
rotated among all qualified unit members. The City may, at its discretion, establish eligibility criteria
based on known skills, classification and distance from the workplace. The City reserves the right to
call the employee nearest the emergency site when time is of the essence.
ARTICLE VII
HOLIDAYS
Section 1. Employees covered by this Agreement shall receive eight (8) hours of pay for
each of the following holidays:
1. New Year's Day
2. Martin Luther King’s Birthday
3. Washington's Birthday (President's Day)
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veterans’ 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. When a holiday falls on a day an employee is
scheduled to work nine (9) hours, and the employee takes the day off, the employee shall be able to
add one hour by choosing vacation, compensatory time, personal leave, or time without pay. Sick
leave, other than personal leave, may not be used to supplement the holiday hours.
Section 2. When a holiday falls on a Saturday, the preceding Friday will be observed as the
holiday. When a holiday falls on a Sunday, the following Monday shall be observed as the holiday.
When Christmas Day falls on a Saturday, the day before Christmas shall be observed on the
previous Thursday. When Christmas Day falls on a Monday, the day before Christmas shall be
observed on the previous Friday.
Section 3. When an employee works on a holiday (the day City Hall observes), the employee
shall receive holiday pay that shall be eight (8) hours of pay at the employee’s regular hourly rate of
pay; together with overtime pay of one and one-half (1-1/2) times the employee's hourly rate of pay
for each hour worked on the holiday. When an employee works on the actual holiday (when the
holiday is observed as City Hall closure on another day), the employee will receive the premium pay
above, unless the employee was paid premium on the day the holiday was observed.
Section 4. Should one of the holidays listed above fall during the employee's vacation period,
the employee shall receive holiday pay and no charge shall be made against the employee's
accumulated vacation.
Section 5. Part-time Employees. Part-time employees who are employed in classifications
listed in Exhibit A and have been employed by the City for three years and are enrolled in the Public
Employees’ Retirement System (PERS) and have a work schedule of over thirty hours per week on
a regular and consistent basis, will receive 75% of this leave benefit (6 hours per holiday). Effective
January 1, 2006 this program will be discontinued and no additional part-timers will be eligible for
this benefit. City agrees to grandfather the two existing part-time employees who are enrolled in
PERS retirement as of January 1 , 2006.
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{
ARTICLE VIII
VACATION
Section 1. Accruals.
A. Employees covered by this Agreement shall accrue vacation leave pay on the following
scheduled basis:
Years of Service
0 - 3
4- 5
6 - 10
11 - 15
16+
Hours Per Year
80
96
120
136
160
Monthly Accrual
6.7 Hrs.
8.0 Hrs
10.0 Hrs
11.3 Hrs
13.4 Hrs.
B. Part-time Employees. Part-time employees who meet the criteria set forth in Article VII,
Section 5, shall accrue vacation leave with pay on the following scheduled basis:
Years of Service
Within Represented Class0- 3
4 - 5
6 -10
11 -15
16+
Hours Per Year
60
72
90
102
120
M)nthly Accrual
5.0 hrs.
6.0 hrs
7.5 hrs
8.5 hrs
10.0 hrs.
Effective January 1, 2006, this program will be discontinued and no additional part-time
employees will be eligible for this benefit. City agrees to grandfather the two existing part-time
employees who are enrolled in PERS retirement as of January 1, 2006.
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 be allowed to accumulate
two(2) years allowance of vacation. If the employee is prohibited by the supervisor from taking the
employee's vacation because of manpower shortages or operational needs, the employee shall be
paid all vacation in excess of two (2) years at the employee’s rate of pay at the time of the pay-off.
Section 3. Vacation Payoff. 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
base hourly rate of pay in effect at the time of separation.
Section 4. Accrual Cplculation. 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 1 above, to
which the employee is eligible to receive based upon the employee's years of service with the City.
Section 5. Use of Vacation. An employee may use vacation hours to avoid the loss of pay
for hours absent from the job, provided the employee has already accrued the vacation hours. This
does not preclude the employee from being disciplined if the absence from the job is not approved,
is unjustified, or otherwise is in violation of City policies and practices.
(
9
ARTICLE IX
LEAVES OF ABSENCE
Section 1. Leaves of Absence Without Pay. The City Manager may grant a permanent
employee a leave of absence for a specific purpose, without pay, for a period not to exceed up to
one (1 ) year. The City Council may, upon recommendation of the City Manager, grant a permanent
employee a leave of absence for a specific purpose, with pay, not to exceed one (1 ) year. No such
leave shall be granted except upon written request of the employee. Approval shall be in writing and
a copy filed with the Personnel Office of the City. Upon expiration of a regularly approved leave, the
employee shall be reinstated in the position held at the time leave was granted. The employee shall
report promptly upon the expiration of any leave granted. Failure to report within a twenty-four (24)
hour period after expiration of leave shall be considered a voluntary resignation. Except as may be
provided by law, no employment or fringe benefits such as, but not limited to, sick leave, vacation,
health insurance, retirement or any other benefit shall accrue to any employee during leave of
absence without pay.
Section 2. Health Insurance Premiums. An employee on approved leave may elect to pay
the premiums due in order to maintain health insurance benefits during the term of such leave.
(Also refer to Family Leave policy.)
Section 3. Written Notice of Intent to Return. An employee on leave of absence must give
the City at least seven (7) days written notice of the employee's intent to return to work.
Section 4. Outside Employment While on Leave. An employee who engages in outside
employment, without prior approval of the City Manager, during said leave of absence, shall be
subject to termination. Any employee who falsified a reason for the request for said leave of
absence or any extension of such leave of absence, may be terminated forfalsifying such request.
l
Section 5. Unpaid Leave and Accumulation of Benefits. Clarification of policy on unpaid
leave and accumulation of benefits. In the event an employee has exhausted all accumulated
benefit hours and has not returned to work, the employee must apply for a leave of absence or be
terminated. Employees shall be notified by the City when all benefit hours have been exhausted
After the employee has been notified, he shall have ten (10) calendar days to apply for leave of
absence
Section 6. Sick Leave.
A. Sick leave shall be defined as absence from duty because of illness or off the job injury,
or exposure to contagious diseases as evidenced by certification from an accepted medical
authority.
B. Sick leave shall be accrued by covered employees at the rate of eight (8) hours per
month. Part-time employees who meet the criteria set forth in Article VII, Section 5, shall accrue sick
leave at the rate of six (6) hours per month. Effective January 1, 2006 this program will be
discontinued and no additional part-time employees will be eligible for this benefit. City agrees to
grandfather the two existing part-time employees who are enrolled in PERS retirement as of January
1, 2006. Sick leave shall not be considered as a privilege that an employee may use at his
discretion but shall be allowed only in cases of necessity and actual sickness or disability. Unused
sick leave shall be accumulated without limitation
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(
C. In order to receive compensation while absent on sick leave, the employee shall notify a
designated supervisor prior to or within one (1) hour of the time set for beginning duty, unless
notification is physically impractical. However, in the event the supervisor is unavailable, the
employee must call the Personnel Office by no later than 8:15 a.m. For any such absence, the
employee shall file a written statement with the City Manager stating the cause of the absence.
When the absence is for more than three (3) work days the department head concerned may
require a physician's certificate stating the cause of absence before said leave shall be approved for
compensation by the City Manager.
D. The right to benefits under the sick leave plan shall continue only during the period that
the employee is employed by the City. This plan shall not give any employee the right to be retained
in the service of the City, or any right of claim to sickness disability benefits after separation from the
services of the City.
E. Notwithstanding anything contained in this Section, no employee shall be entitled to
receive any payment or other compensation from the City while absent from duty by reason of
injuries or disability received as a result of engaging in employment other than employment by the
City, for monetary gain or other compensation, or by reason of engaging in business or activity for
monetary gain or other compensation other than business or activity connected with City
employment.
F. At the written request of the appointing authority, the City Manager may require an
employee to submit to an examination by the City’s physician, and if the results of the examination
indicate the employee is unable to perform his duties, or in the performance of his duties, exposes
others to infection, the employee shall be placed on sick leave without privilege of reinstatement
until adequate medical evidence is submitted that the employee is competent to perform his duties
or will not subject others to infection. Any employee so examined shall have the right to submit the
reports of a competent medical authority of his own selection, and at his own expense, in addition to
the report submitted by the City’s physician. In the event of a conflict of opinion and/or
recommendation of the two physicians, a third physician shall be selected by the first two physicians
and the final decision shall be made by the City Manager, who may seek the advice of the Personnel
Advisory Board of the City.
G. Upon retirement of an eligible employee, 90% of an employee’s unused accumulated
sick leave be deposited into the City Retirement Health Savings Plan to be used for eligible medical
expenses. The maximum number of hours that will be deposited is 1,593 hours (90% of 1700).
Effective December 15, 2008, 100% of an employee's unused accumulated sick leave shall be
deposited into the City Retirement Savings Plan to be used for eligible medical expenses, provided
that the maHmurn number of hours that will be deposited is 1,900.
H. In the event of layoff, an employee with ten (10) years of continuous service with the City
shall be entitled to the abo\e benefit.
1.
basis:
Accrued sick leave shall be valued for the purposes of Section G above, on the following
1. Sick leave earned prior to June 30, 1974 shall be costed at salary rates in effect on
June 30, 1974
(
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2. Sick leave earned on or after July 1 , 1974 shall be costed at the rate prevailing at
the end of the fiscal year in which it was earned.
3. Sick leave taken shall be deducted from the oldest, lowest value accrued sick leave
first. provided however, when an employee takes sick leave, the employee shall receive each hour
of sick leave at the employee's hourly rate in effect at the time of taking sick leave.
J. Employees who become entitled to accrue sick leave allowance which has not been
used, may convert each two (2) hours of accumulated sick leave to one (1 ) hour of vacation, after
having accumulated six hundred and forty (640) hours of sick leave and providing that not more than
forty (40) hours of additional vacation may be so converted in any one fiscal year.
K. The City will not harass employees for the use of sick leave or industrial injury leave.
Harassment is the persistent criticism of employees who use sick leave or are off because of
industrial injury. However, noting the use of sick leave on employee evaluations is not considered
harassment.
Section 7. Emergency Leave.
A. Any employee who is absent from work by reason of attendance upon members of the
immediate family whose incapacitation requires the care of such employee, or death in the
immediate family of the employee, may be allowed emergency leave with pay, not to exceed six (6)
work days per incident on the basis of one-half (1/2) work day for each month of regular
employment, which is deducted from accumulated sick leave. Immediate family shall include and be
limited to, mother, father, brother, sister, spouse or child of any eligible employee, or of the spouse
of any employee of the City.
B. For absences under this Section exceeding a total of three (3) working days in any
six-month (6) period, a physician's certificate verifying the leave basis may be required by the City
Manager or department head.
C All such claims for emergency leave are subject to verification by the City Manager.
D. Verified use of emergency leave will not be reflected on the employee's annual
evaluation .
Section 8. Personal Leave. With approval of the department head, an employee may use
up to twenty-four (24) hours of their accrued sick leave per year, on personal matters that are of an
unforeseen combination of circumstances that call for immediate action and are family related; or to
add one additional hour per holiday as covered in Article VII, Section 1. Such matters shall be
considered as those events or occurrences that a reasonable prudent person would not or could not
postpone to a subsequent time. An indication of the reason for personal leave shall be explained to
the immediate supervisor and shall be granted with his approval. Such personal leave shall not be
cumulative from year to yeaF. Personal Leave used as an additional hour of holiday shall not be
included in any calculation of an employee’s use of sick leave for the purposes of performance
evaluation or awards provided by the city,
Section 9. Workers' Compensation - Injury On Duty.
A. Compensation. If an employee is absent from work by reason of illness or injury
determined to be covered by Workers' Compensation, the City shall pay the employee seventy-five
percent (75%) of his/her regular rate of pay for up to ten (10) work days following the illness or injury
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in lieu of temporary disability payments. During the period in which the employee receives 75% of
regular pay, no State or Federal income tax shall be withheld upon timely request by the employee.
If a regular employee is disabled due to an illness or injury covered by Workers' Compensation for a
period beyond ten (10) working days, said employee shall be paid one-hundred percent (100%) of
his/her regular rate of pay.
Any payments made pursuant to this section shall not be charged to the employee’s sick leave
or vacation benefits. All fringe benefits, such as payment of medical and dental insurance premiums
shall continue during such paid industrial disability leave.
B. Duration. Any such paid industrial disability leave, as described in Section A above, shall
extend for a period of up to nine calendar months for each covered injury or illness. Such paid
industrial disability leave shall not be authorized after an employee's separation from City service.
C. Extended Industrial Disability. In the event that an employee's industrial disability or
incapacity extends for a period beyond nine calendar months, the employee shall be entitled to
receive temporary or permanent disability benefits pursuant to State Workers' Compensation laws.
D. The existing language contained in Article IX, Section 1 1, of the Personnel Management
Rules and Regulations, entitled Workers' Compensation, is hereby superseded by the provisions of
this section and effectively deleted in terms of applicability to employees covered by this Agreement.
E. If an employee with a Workers' Compensation claim files for a permanent disability
rating, he will continue to receive the extended industrial disability wage continuance as detailed in
item C above. In no case will an employee's compensation be reduced to the State minimum in lieu
of his entitlement to the v\age continuance provisions specified above.
F. In the event that the Federal income tax laws are changed to provide that temporary
disability payments are taxable income, the amount of the wage continuance shall revert from 75%
back to 100%.
G. Reclassification of Injured Worker. If, in the opinion of the City, an employee has been
found to be permanently, physically incapable of performing the duties of the currently held position,
the City may place the employee into another vacant position of equal level or lower within the
bargaining unit provided such placement is consistent with the City's affirmative action program, and
is approved by the appointing authority. Nothing herein shall be construed to prevent such
employee from applying for and competing for positions of a higher class or positions represented
by other bargaining units.
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Section 10. Employee Disability Leave.
A. An employee that has at least one year of continuous service with the City and who
has exhausted all accrued leave (vacation, sick-leave, comp time) due to non-industrial illness or
injury can be advanced sick leave time at the rate of 75% of the employee’s regular salary according
to the following table:
Maximum Time Allowance (Hours)
Years of Service Total Hours
1 through 5
6 through 10
Over 10
360
544
720
B. Application for disability leave shall be made by the employee to the City Manager
through the department head, accompanied by full medical justification from a physician chosen
by the City at the direction of the City. Failure to submit to such an examination shall be a basis
for terminating disability leave. If the City Manager approves the application, he shall notify the
employee of such approval in writing.
C. After the employee returns to work, the employee shall reimburse the City for the
value of the advanced sick-leave time by having the employee’s sick leave accrual for sick-leave
reduced by four (4) hours per month and the employee may contribute vacation leave to
accelerate the employee's reimbursement to the City for providing the benefits under this Article.
D. When the "maximum time allowance" has been reimbursed as set forth above. the
employee shall be eligible to apply for additional disability leave; provided that no employee shall
receive more than the "total" set forth above for his length of service, during his entire
employment with the City.
E. Grounds for termination of disability leave by the City Manager shall include, but not
be limited to, the ft)llowing reasons:
1. The employee has recovered from his illness or injury.
2 The leave is being used as a pre-retirement leave for purpose of postponing
retirement or pension.
3. The disability leave was procured by fraud, misrepresentation or mistake.
4. The employee has not cooperated fully in supplying all information-mat 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.I
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Section 11. Military Leave. Military leave shall be granted in accordance with the
provisions of State and/or Federal law. All employees entitled to military leave shall give the
appointing power an opportunity, within the limits of military regulations, to determine when such
leave shall be taken.
Section 12. Jury Duty. Effective August 1 , 1991, the City will not provide any paid release
time for jury duty to employees in classifications represented by the Association. If the State and/or
Federal Court Jury Commissioners rescind their present policy of granting exemptions from jury
service to persons who do not receive paid release time from their employers, so as to require jury
service despite the absence of such pay from their employer, then the Citys practice of providing
paid release time to employees for jury duty shall be reinstated immediately upon the effective date
of such change for the applicable State and/or Federal Court.
A. In the event that an employee is called for jury duty and wishes to serve, accrued
vacation leave, compensatory time or a leave of absence without pay shall be granted subject to the
scheduling requirements of the City.
B. In the event that the court fully reimburses the City for the full salary of an employee on
jury duty, the City will immediately reinstate the practice of providing paid release time to employees
for jury duty.
C. In the event that an employee is called for jury duty and the court does not excuse jury
service based on the non-payment of salary by the employer, the City shall grant said employee paid
release time for the required jury duty.
[ARTICLE X
FRINGE BENEFIT ADMINISTRATION
Section 1. Administration. The City reserves the right to select the insurance carrier or
administer any fringe benefit programs that now exist or may exist in the future during the term of
this Memorandum of Understanding
Section 2. Selection and Funding. In the administration of the fringe benefit programs, the
City shall have the right to select any insurance carrier or other method of providing coverage to
fund the benefits included under the terms of this Memorandum of Understanding, provided that the
benefits of the employees shall be no less than those in existence as of the implementation of this
Agreement.
Section 3. Changes. If, during the term of this Memorandum of Understanding, any change
of insurance carrier or method of funding for any benefit provided hereunder occurs, the City shall
notify the Association prior to any change of insurance carrier or method of funding the coverage.
Section 4. This Agreement is not intended to reduce existing wages, benefits or working
conditions, except as specifically provided in this Agreement.
15
ARTICLE XI
HEALTH. DENTAL AND LIFE INSURANCE
Section 1. The City shall continue to contribute 100% to a medical benefit package for the
employee and his/her dependents for the term of this Agreement. Effective November 1 , 2000, the
City agrees to add to the Kaiser Plan the benefit of eyeglass lenses every twenty-four months with a
$70.00 frame allowance.
A. Employee Withdrawal from City Health Plan. The City agrees to permit an employee to
withdraw from the City health plan as follows:
1. The employee is either enrolled in the Kaiser Plan; or
2. The employee had claims for the year prior to the open enrollment in an amount equal
to or greater than the employee premium rate; and
3. The employee presents written proof that the employee is covered by another health
plan; and
4. The employee notifies the City during the annual open enrollment period.
The City agrees that the employee who is qualified to withdraw shall receive $81.00 per month
if the withdrawal is for employee only coverage, $162.00 per month if the withdrawal is for employee
plus one coverage, or $229.00 per month if the withdrawal is for family coverage, to be added to the
employee's paycheck or to be placed in the Citys deferred compensation plan.
B. Citywide Medical Committee. A Committee, consisting of one representative appointed
from each Employee Association will be created for the purpose of studying the City Medical plans
with the goal of reducing the cost of the plans and developing improved retiree medical benefits. No
changes to the existing health benefits will be made without written approval of both parties.
Section 2. Dental Insurance. The City shall contribute to a dental benefit package for the
employee and dependents at a cost of up to $31,95 per employee per month. Any amounts
necessary to fund existing benefits in excess of the amounts which the City is obligated to contribute
set forth above shall be borne by the employee. Effective January 1, 2009 (start of a new benefit
year), the City agrees to increase the annual maximum benefit amount under the Delta Dental
Premier (PPO) coverage payable from $1,000.00 to $2,000.00 for each enrollee in each calendar
year. Further, it is agreed that the City contribution will increase to cover this benefit while the
employee contribution will remain at $44.45 per year until July 1 , 2011, and in a manner similar to
the process that occurred for the Miscellaneous Unit.
Section 3. Life Insurance. Each employee covered by this agreement shall be provided with
a group term life insurance benefit of $10,000.00.
ARTICLE XII
RETIREMENT
Section 1. PERS Coverage. The City has amended the PERS contract to provide
the benefit known as 2.7% @ age 55 effective August 19, 2002.
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As soon as practicable from the date of City Council adoption of this Memorandum of
Understanding, the City agrees to process the necessary PERS documents to implement the
following: (a) the Level 41959 PERS Survivor’s Benefit program (Section 21574); and, (b) the Pre-
retirement Optional Settlement 2 Death Beneft (Section 21548).
Section 2. Employee's PERS Contribution. In accordance with existing practice and
Government Code Sections 20636 (c) (4), and 20691, the City will pay the employee’s PERS
member contribution (equal to 8%) and report this contribution as compensation earnable (referred
to as reporting the value of Employer Paid Member Contribution (EPMC) as special compensation).
Section 3. Retiree Medical Annuity. An employee who retires from the City of Downey
after January 1 , 1989, shall be entitled to participate in the City-sponsored medical plan and the City
shall contribute up to a maximum of $98.00 per month toward the premium for employee only
coverage under the City-sponsored medical plans, provided
A. At the time of retirement the employee has a minimum of ten (10) years of service,
or is granted a service-connected disability retirement; and
B.At the time of retirement the employee is employed by the City; and
C. Effective the day after official separation from the City the employee has been
granted a retirement allowance by the Public Employees’ Retirement System.
The City's obligation to pay up to a maximum of $98.00 per month towards the premium in the
City plan shall be modified downward or cease during the lifetime of the retiree upon the happening
of any one of the following:
1. During any period the retired employee is eligible to receive or receives health
insurance coverage at the expense of another employer the payment will be suspended. "Another
employer" as used herein means private employer or public employer or self-employed or the
employer of a spouse. As a condition of being eligible to receive the premium contribution set forth
above, the City shall have the right to require any retiree to annually certify that the retiree is not
receiving any such paid health insurance benefits from another employer. If it is later discovered
that misrepresentation has occurred, the retiree will be responsible for reimbursement of those
amounts inappropriately expended and the retiree's eligibility to receive benefits will cease.
2. If the retired employee becomes eligible to enroll, automatically or voluntarily, in
Medical or Medicare, the City's plan shall provide secondary coverage only and the City's
contribution rate set forth above shall be adjusted downward accordingly.
3. In the event the Federal government or State government mandates an
employer-funded health plan dr program for retirees, or mandates that the City make contributions
toward a health plan (either private or public plan) for retirees, the City's contribution rate set forth
above shall be first applied to that plan. If there is any excess, that excess may be applied toward
the City medical plan as supplemental coverage provided the retired employee pays the balance
owing for such coverage if any.
17
4. Upon the death of the retired employee, this benefit shall cease. It is understood
and agreed that the annual amount contributed by the City to fund the Retiree Medical Annuity on
behalf of the employees, shall be included as an item of compensation in total compensation survey
comparISons.
ARTICLE XIII
TUITION REIMBURSEMENT
Section 1 . With prior approval of the City Manager, employees may be reimbursed for tuition
and books for courses taken to improve their value to the City. Tuition shall be reimbursed for
courses as recommended by the department heads with job related justification and approved by
the City Manager, with quarterly reports to the City Council including the names of individuals, their
positions, and the courses taken. Employees must receive a passing grade in order to be
reimbursed for the course. Reimbursement shall be made at the rate of tuition charged at California
State University/Los Angeles for courses on the quarter system, and California State University/
Long Beach for courses on the semester system. The employee will be reimbursed for required
books only,
ARTICLE XIV
PROBATIONARY PERIOD
Section 1. An original or promotional appointment will be tentative and subject to a
probationary period of not less than six (6) months, except that the City Manager may extend the
probationary period for a class up to an additional six (6) months or for a marginal probationer for up
to an additional three (3) months, Should the appointing authority desire to terminate any
probationary employee, the appointing authority shall notify such employee no less than two (2)
weeks prior to termination.
Section 2. If the service of the probationary employee has been satisfactory to the appointing
authority, then the appointing authority shall file with the 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 such a statement is not filed, the employee will be deemed to be unsatisfactory
and his employment terminated at the expiration of the probationary period.
Section 3. All probationary periods shall extend to the first day of the month following the
period of probation.
Section 4. During the probationary period an employee may be rejected at any time by the
appointing power without cause and without the right of appeal.
ARTICLE XV
SENIORITY
Section 1. Employee seniority is the length of continuous service of the employee with the
City from his most recent date of hire or rehire.
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Section 2.
A,No employee shall acquire any seniority until he has completed his probationary period.
B. When an employee has completed his probationary period, his seniority shall date fromdate of hire.
Section 3. Layoffs.
A. Whenever, in the judgment of the City Council, it becomes necessary to lay off
employees, the City may abolish any position covered by this Agreement. Any employee holding an
abolished position will be subject to layoff and have no right to demand that written charges or
reasons therefore be filed, and shall have no right of appeal or hearing.
B. Seniority shall be observed in affecting layoffs in personnel. The least senior employee
in a classification subject to law)ff will be laid off first.
C. An employee subject to layoff may exercise his seniority (1) within a job family laterally, (2)
within a job family to a lower classification, or (3) to a classification previously held by the employee,
provided that the employee meets the current qualifications and requirements of the position in
which he/she seeks to exercise seniority, and provided further that any such exercise in seniority
shall be subject to a thirty (30) day trial period. An employee subject to layoff because of such
exercise of seniority, may, in turn, similarly exercise his/her seniority subject to the same limitations.
If an employee does not successfully complete the thirty (30) day trial period, he/she will be laid off,
provided that the emploYee may grieve such a layoff and be entitled to Skelly rights.
I D.For purposes of this section, job families are established as follows:
1
2.
3.
4.
5.
6.
Physical Services - Maintenance Leadworker
Maintenance Worker II
Maintenance Worker I
Water and Sanitation – Water System Leadworker
Water System Operator
Equipment Maintenance Leadworker
Mechanic
Transit Driver/Dispatcher
Transit Driver
Tree Trimmer Leadworker
Tree Trimmer
Residential Rehabilitation Leadworker
Residential Rehabilitation Worker
Section 4. A separation from service, other than an approved leave of absence or layoff,
shall cause the employee to lose his seniority rights.
Section 5. 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.
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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 employee prior to the effective date of the layoff. An employee laid off
because the City contracts with a private company to perform his duties will receive a severance
payment upon termination equal to three (3) months of the employee's current salary amount.
ARTICLE XVI
CITY RIGHTS
Section 1. Management Rights. The City reserves, retains, and is vested with, solely and
exclusively, all rights of Management which have not been expressly abridged by specific provision
of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to
the execution of this Memorandum of Understanding. The sole and exclusive rights of
Management, as they are not abridged by this Agreement or by law, shall include, but not be limited
to, the following rights:
A To manage the City generally and to determine the issues of policy.
B. To determine the existence or non-existence of facts which are the basis of the
Management decision.
C. To determine the necessity and organization of any service or activity conducted by the
City and expand or diminish services.
D. To determine the nature, manner, means, and technology, and extent of services to be
provided to the public.
E. Methods of financing.
F.Types of equipment or technology to be used
G. To determine and/or change the facilities, methods, technology, means, and size of the
work force by which the City operations are to be conducted.
H. To determine and change the number of locations, relocations, and types of operations,
processes and materials to be used in carrying out all City functions including, but not limited to, the
right to contract for or subcontract any work or operation of the City.
I. To assign work to and schedule employees in accordance with requirements as
determined by the City and to establish and change work schedules and assignments.
J.To relieve employees from duties for lack of work or similar non-disciplinary reasons.
K To establish and modify productivity and performance programs and standards.
L.To discharge, suspend, demote, or otherwise discipline employees for proper cause.
M To determine job classifications and to reclassify employees.
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N. To hire, transfer, promote and demote employees for non-disciplinary reasons in
accordance with this Memorandum of Understanding and applicable Resolutions and Codes of the
City
O. To determine policies, procedures and standards for selection, training and promotion of
employees.
P. To establish employee performance standards including, but not limited to, quality and
quantity standards; and to require compliance therewith.
Q.To maintain order and efficiency in its facilities and operations.
R. To establish and promulgate and/or modify rules and regulations to maintain order and
safety in the City which are not in contravention with this Agreement.
S. To take any and all necessary action to carry out the mission of the Agency in
emergencIes.
Section 2. Exercise of Management Rights. Except in emergencies, or where the City is
required to make changes in its operations because of the requirements of law, whenever the
exercise of management's rights shall impact on employees of the bargaining unit, the City agrees to
meet and confer with representatives of the Association regarding the impact of the exercise of such
rights, unless the matter of the exercise of such rights is provided for in this Memorandum of
Understanding or in Personnel Rules and Salary Resolutions and Administrative Code which are
incorporated in this Agreement. By agreeing to meet and confer with the Association as to the
impact and the exercise of any of the foregoing City rights , management's discretion in the exercise
of these rights shall not be diminished.
Section 3. Contracting Out. The City agrees that it will notify the Association of any known
or anticipated layoff, reduction in class or reclassification of unit members resulting from a decision
to contract work to private sector employees which is ordinarily performed by members of the
bargaining unit. If the Association notifies, in writing, the City will meet and confer upon the impact
of the consequences regarding the decision to contract out the above referenced work. The
Association agrees that the decision to contract any work is the exclusive right of the City. Nothing
herein shall prevent the City from taking all necessary action to carry out its mission during
emergencIes.
B. If the City proposes to contract out services currently performed by unit employees, the
Association shall have the right to submit a bid on the services. The City shall provide employees
with the same bid specifications as those provided to prospective contractors.
ARTICLE XVII
EMPLOYEE O'RGANIZATIONAL RIGHTS AND RESPONSIBILITIES
Section 1. Agency Shop Agreement - Legislative Authority The parties mutually
understiIId and agree that under the Meyers Milias Brown Act (Government Code Section 3500 et
seq.) all employees who are in classifications represented by the Downey City Employees’
Association/Maintenance Unit have the right to join or not join the Association. However, the
enactment of a local “Agency Shop” requires that as a condition of continuing employment,
21
employees in the respective bargaining unit must either join the Association or pay to the
Association a service fee in lieu thereof. Such service fee shall be established by the Association,
and shall not exceed the standard initiation fee, periodic dues and general assessments of the
Association. Employee shall be defined as full time having successfully completed their
probationary period.
Section 2. Election.
A. The agency shop provisions contained in this agreement shall only go into effect if a
simple majority of voting eligible unit members cast votes in favor of agency shop in an election
as provided in this Agreement
B. To determine whether employees in the unit wish to be covered by an agency shop
provision, an election will be conducted by and in accordance with, procedures established by
the California State Mediation and Conciliation Service using a secret ballot. Tbe ballot will
state “Do you wish to be covered by an Agency Shop arrangement, which requires all employees
to either join the employee organization or pay an agency fee for representation?” The cost of
this election shall be borne by the Association.
C. Employees eligible to vote in this election shall be all employees in classifications
represented by the Association on the pawoll for the most recent month for which data is
available.
D. The State Mediation and Conciliation Service shall investigate any objections to the
conduct of the election and decide matters pertaining to any challenged ballots.
Section 3. Association Dues/Service Fees.
A. Agency Shop as used in this Article means an organizational security arrangement as
defined in Government Code Section 3502.5 and applicable law.
B. Commencing within thirty days of the State Mediation and Conciliation Service’s
certification of approval of the agency shop election results, the Personnel Office shall provide all
current employees and any employees hired thereafter, with an authorization notice advising them
that Agency Shop for the Association has been enacted pursuant to state law and an agreement
exists with the Association, and that all employees subject to the Agreement must either join the
Association, pay a service fee to the Association, or provide proof of membership in a religious
organization which holds historic opposition to membership in a labor organization. Such notice shall
include a form for the employee's signature authorizing a payroll deduction of Association dues, a
service fee or a charitable contribution equal to the service fee. Said employees shall have 14
calendar days from the date they receive the form to fully execute it and return it to the Personnel
Office
C. If the form is not completed properly or returned within 14 calendar days, the City shall
commence and continue a monthly payroll deduction of service fees from the first regular biweekly
paychecks of such employee each month. The effective date of Association dues, service fee, or
charitable contribution shall begin no later than the beginning of the first regular biweekly paycheck
of the month commencing 14 calendar days after receipt of the authorization form by the employee.
D. As to non-members objecting to the Association spending theiragency fee on
matters unrelated to collective bargaining and contract administration, the amount of the agency
fee charged shall not reflect expenditures which the courts have determined to be non-
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chargeable, including political contributions to candidates and parties, members only benefits,
charitable contributions and ideological expenditures and, to the extent prohibited by law, shall
not reflect expenditures for certain aspects of lobbying, ballot measures, publications, organizing
and litigation.
E. The Association shall comply with applicable law regarding disclosure and allocation
of its expenses, notice to providers of their right to object, provision for agency fee payers to
challenge the Association's determinations of amounts chargeable to the objecting non-
members, and appropriate escrow provisions to hold contested amounts Mile the challenges
are underway.
F. The Association shall make available, at its expense, an expeditious administrative
appeals procedure to unit members who object to the pawnent of any portion of the
representation service fee. Such procedure shall provide for a prompt decision to be made by
an impartial decision-maker jointly selected by the Association and the objecting provider(s). A
copy of such procedure shall be made available upon request by the Association to non-
members and the City.
G. The foregoing description of permissible agency fee charges and related procedures
is included herein for informational purposes and is not intended to change applicable law.
H. The employee’s earnings must be sufficient after the other legal and required deductions
are made to cover the amount of the dues or fees authorized. When an employee is in a non-pay
status for an entire pay period, no withholding will be made to cover the pay period from future
earnings. In the case of an employee in a non-pay status only during part of the pay period, whose
salary is not sufficient to cover the full withholding, no deduction shall be made. In the case of an
employee who is receiving short term disability pay (75% pay) during a pay period, no deduction
shall be made. In this connection, all other legal and required deductions (including health care and
insurance deductions) have priority over Association dues and service fees.
I
Section 4. Religious Exenption.
A. Any employee who is a member of a bona fide religion, body or sect that has historically
held conscientious objections to joining or financially supporting public employee organizations shall
upon presentation of active membership in such religion, body, or sect, not be required to join or
financially support any public employee organization as a condition of employment. The employee
may be required, in lieu of periodic dues, initiation fees or agency shop fees, to pay sums equal to
the dues, initiation fees or agency shop fees to a nonreligious, non-labor charitable fund exempt
from taxation under Section 501 (c)(3) of the Internal Revenue Code, chosen by the employee from a
list of at least three of these funds, designated in a memorandum of understanding between the City
and the Association, or if the memorandum of understanding fails to designate the funds, then to
any such fund chosen by the employee. Proof of the payments shall be made on a monthly basis to
the City as a condition of continued exemption from the requirement of financial support to the
Association [Govt. Code SeCtion 3502.5(c)].
B. Declarations of, or applications for, religious exemption and any other supporting
documentation shall be forwarded to the Association within 14 calendar days of receipt by the City.
The Association shall have 14 calendar days after receipt of a request for religious exemption to
challenge any exemption granted by the City. If challenged, the deduction to the charity of the
employee’s choice shall commence but shall be held in escrow pending resolution of the challenge.
Charitable contributions shall be made by regular payroll deductions only.
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Section 5. Rescission. The agency shop provision in this memorandum of understanding
may be rescinded by a majority vote of all the employees in the unit covered by the memorandum of
understanding, provided that:
A. A request for such a vote is supported by a petition containing the signatures at least
thirty per cent (30%) of the employees in the unit;
B. The vote is by secret ballot;
C. The vote may be taken at any time during the term of the memorandum of
understanding, but in no event shall there be more than one rescission vote taken during that term.
Notwithstanding the above, the City and the Association may negotiate, and by mutual agreement
provide for, an alternative procedure or procedures regarding a vote on an agency shop agreement
[Govt. Code Section 3502.5(d)]
D. If a “rescission vote” is approved by unit members during the term of a current
memorandum of understanding, the Association agrees not to petition for or seek Agency Shop
status for the duration of the current memorandum of understanding.
Section 6. Indemnification. The Association shall indemnify, defend, and hold the City
harmless against any liability arising from any claims, demands, or other action relating to the City’s
compliance with the agency fee obligation including claims relating to the Associations use of
monies collected under these provisions [Govt. Code Section 3502.5(b)]. The City reserves the
right to select and direct legal counsel in the case of any challenge to the City’s compliance with the
agency fee obligation, and the Association agrees to pay any attorney, arbitrator or court fees
related thereto.
ARTICLE XVIII
NO STRIKE - NO LOCKOUT
PROHIBITED CONDUCT
Section 1. The Association, its officers, agents, representatives and/or members agree that
during the term of this Agreement they will not cause or condone any strike, walkout, slowdown,
sick-out, or any other job action withholding or refusing to perform services.
Section 2. The City agrees that it shall not lockout its employees during the term of this
Agreement. The term "lockout" is hereby defined so as not to include the discharge, suspension,
termination, layoff, failure to recall or failure to return to work of employees of the City in the exercise
of its rights as set forth in any of the provisions of this Agreement or applicable ordinance or law.
Section 3. Any employee who participates in any conduct prohibited in Section 1 above, shall
be subject to termination by the City,
Section 4. In addition to any other lawful remedies or disciplinary actions available to the City,
if the Association fails, in good faith, to perform all responsibilities listed below in B, Section 1, the
City may suspend any and all of the rights, privileges, accorded to the Association under the
Employee Relations Resolution in this Memorandum of Understanding including, but not limited to,
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suspension of recognition of the Association, grievance procedure, right of access, check-off, the
use of the City's bulletin boards and facilities.
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 Memorandum
of Understanding and unlawful and they must immediately cease engaging in conduct prohibited in
A, Section 1, above, and return to work.
Section 2. If the Association performs all of the responsibilities set forth in Section 1 above,
its officers, agents, representatives shall not be liable for damages for prohibited conduct performed
by employees who are covered by this Agreement in violation of Section 1 above
ARTICLE XIX
GRIEVANCE PROCEDURE
Section 1. Grievance. Grievance shall be defined as a dispute between the Association,
employee or employees and the City, regarding interpretation or application of specific provisions of
this Agreement, personnel rules, or departmental rules and regulations.i Section 2. Conduct of the Grievance Procedure
A. An employee rnay request the assistance of another person of his own choosing, who is
not a representative of another recognized bargaining organization, in preparing and presenting his
grievance at any level of review, or may be represented by the Association, or may represent
himself. The employee shall not suffer any reprisal from management for utilizing the grievance
procedure set forth herein.
B. Any retroactivity on monetary grievances shall be limited to the date that the grievance
was filed, in writing, except in cases where it was impossible for the employee to have had prior
knowledge of an accounting error.
C. All time limits specified may be extended to a definite date by mutual agreement of the
employee or his Association representative, and the decision making management representative
involved at each step of the grievance procedure. Such mutual agreement shall be evidenced in
writing and signed by the employee or Association representative and management representative.
Section 3. Grievance procedure shall provide for the following steps; except for grievances
which are a result of disciplinary action, which shall begin at Step Two.
Step One. 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
25
to discuss it with his supervisor's immediate supervisor, if any, and his department head, if
necessary. Every effort shall be made to find an acceptable solution by these informal means at the
most immediate level of supervision. At no time may an informal process go beyond the department
head concerned. In order that this informal procedure may be responsive, all parties involved shall
expedite this process. In no case may more than thirty (30) calendar days elapse from the date of
the alleged incident or action giving rise to the grievance, and the filing of a written grievance in Step
Two, or the grievance shall be barred and waived.
Step Two. Department Head Response. If the grievance is a result of disciplinary action
which has been processed through the “Skellv Process," the employee may, within thirty (30)
calendar days from the date of the incident giving rise to the grievance, present the grievance in
writing to his department head. Failure of the employee to take this action will constitute termination
of the grievance. The department head shall further review and discuss the grievance with the
employee and shall render its decision and comments, in writing, and return them to the employee
within ten (10) working days after receiving the grievance.
Step Three. Employee Relations - Personnel. If the grievance is not resolved in Step
Two, the employee may within ten (10) working days after receiving the department head's
decision, present the grievance in writing to the designated management representative for
processing. Failure of the employee to take this action will constitute termination of the grievance.
In the event the employee is not being represented by the Association, the designated management
representative shall attempt to resolve the grievance. If the employee is being represented by the
Association the designated management representative shall convene a joint meeting of the
Association and himself, within five (5) working days, in an attempt to resolve the grievance. In the
event the grievance is not satisfactorily adjusted or settled through discussion at this level,
management shall advise the employee and/or employee Association, in writing, within ten (10)
working days as to its position on the ghevance.
Step Four. Grievance Hearing. if the grievance is not resolved in Step Three, the
employee may, within ten (10) working days of the receipt of the written position from rnanagernent
representatives, present a “request for hearing” in writing to the Personnel Director. However, the
only grievances which may be submitted for review are matters which have resulted in a suspension
without pay, reduction in pay, demotion, termination, or otherwise have monetary value to the
employee. Failure of the employee to take this action WII constitute termination of the grievance.
The Personnel Director shall request from the State Mediation and Conciliation Service, or mutually
agreed upon alternative organization, a list of seven (7) neutral hearing officers. In the event that
the parties cannot agree upon a mutually acceptable hearing officer from the list of seven, the
parties shall alternately strike names from the list, with the City striking the first name. The identity of
the last remaining individual on the list will be selected as the hearing officer. The hearing officer
shall preside over a full and fair evidentiary hearing and, within thirty (30) calendar days of its
conclusion, render a written decision that includes findings of fact and a recommendation to the City
Manager. That decision shall be served jointly upon the grieving party and the City Manager
Step Five. City Manager’s Decision. Within thirty (30) calendar days of receipt of
the decision of the hearing officer, the City Manager shall, in writing, adopt, modify or reject that
decision. The decision of the City Manager shall be the fInal administrative decision.
ARTICLE XX
MISCELLANEOUS
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Section 1. Substance Abuse Policy. The City of Downey and the Association have a vital
interest in maintaining safe, healthful and efficient working conditions. Being under the influence of
a drug or alcohol on the job may pose serious safety and health risks not only to the user but to
co-workers and the citizens of Downey. The possession, use or sale of an illegal drug or of alcohol
on the job also poses unacceptable risks for safe, healthful and efficient operations. "On the job"
means while on City premises, at work locations, or while on duty or being compensated on an "on
call status."
(
The City of Downey and the Association recognize that their future is dependent on the
physical and psychological well being of all employees. The City and the Association mutually
acknowledge that a drug and alcohol-free work environment benefits Downey's employees and
citizens
The purpose of this section is to define the City's drug and alcohol policy as well as the
possible consequences of policy violation.
A. Possession, sale, use or being under the influence of drugs or alcohol while on the job is
strictly prohibited. This prohibition shall not apply to legitimate undercover activities of Police
Officers which are undertaken in accordance with the direction of the Police Department.
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.
i 1. Reasonable suspicion is cause based upon objective facts sufficient to lead a
reasonably prudent supervisor to suspect that an employee is under the influence of drugs or
alcohol so that the employee's ability to perform the functions of the job is impaired or so that the
employee’s ability to perform his/her job safely is reduced .
2. Post-accident testing under this Article shall be conducted based on reasonable
suspicion as defined in this Section and shall not be automatic, unless as required by law per
Department of Transportation (DOT) Federal Motor Carrier Safety Administration Regulations
(FMCSA) (refer to City of Downey Controlled Substance and Alcohol Misuse Policy and Procedures
Manual)
C. Any manager or supervisor requesting an employee to submit to a substance screening
shall document in writing the facts constituting reasonable suspicion and shall give the employee a
copy. The employee shall be given an opportunity to provide additional facts. An employee who is
then ordered to submit to a substance abuse screening may request to be represented. Because
time is of the essence in substance screening, a representative must be available within a
reasonable time or the employee will then be ordered to submit to substance screening. An
employee who refuses to submit to a substance screening may be considered insubordinate and
shall be subject to disciplinary action up to and including termination.
D. The supervisor, or designee, shall transport the suspected employee to the testing
facility. Testing shall occur on City time and be paid for by the City. Employee urine samples, or
other body fluids, will be by a certified system which includes methods or mechanisms designed to
assure the integrity of the sample. The facility used for testing shall be certified by the National
institute on Drug Abuse and comply with established guidelines for "chain of custody" to insure thati27
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
circumstance
G. Employees with substance abuse problems are encouraged to par+icipate voluntarily in
the City-sponsored Employee Assistance Program (EAP). Assistance through the EAP may be
sought by an employee with complete confidentiality and without adverse consequences to his/her
employment. Employees should be aware, however, that a request for assistance through the EAP
will not insulate the employee from disciplinary action already contemplated. Depending upon the
facts surrounding the reasonable suspicion determination, positive test result, and/or other violation
of this policy or other City/department rules and regulations, the City may refer an employee to the
EAP. Such referral could, at the discretion of the City, be made available to the employee as an
alternative to disciplinary action. Referral would be subject to agreement by the employee to enroll,
participate in and successfully complete a rehabilitation and/or counseling program and other terms
and conditions in a "Last Chance Agreement."
1. It is the City's intent to use the EAP option for first offenders except the City
reserves the right to discipline for those offenses which are a significant violation of City/department
rules and regulations or where violation did or could have resulted in serious injury or property
damage
H. Department of Transportation (DOT) Controlled Substance and Alcohol Testing
Program
1. Administration. In accordance with City of Downey Resolution No. 5934, policy
and procedures for compliance with the Federal Motor Carrier Safety Administration
(FMCSA) Regulations (49 CFR Parts 40 and 382) shall remain in effect for those employees
who are required to possess and maintain a commercial driver’s license as a condition of
employment for the performance of safety sensitive duties. This program is documented in
the City of Downey Controlled Substance and Alcoh61 Misuse Policy and Procedures Manual
which is incorporated by reference in this Agreement. As applicable, the Citys policy and
procedures will be amended to comply with changes in law.
Unless otherwise designated, the Human Resources Director is the Designated Employer
Representative (DER) and shall be responsible for overseeing compliance and implementation of
this City’s DOT Controlled Substance and Alcohol Testing Program.
28
{
2. Consequences of a Positive Controlled Substance and/or Alcohol Test
A covered employee who tests positive for a controlled substance and/or alcohol may be
subject to disciplinary action, up to and including termination from employment.
As a result of a positive controlled substance and/or alcohol random test, a temporary
non-safety sensitive job assignment for an employee who is removed from the performance of
safety sensitive duties or who is restricted from driving non-commercial City vehicles, may be
approved by the department head based on the availability of rneaningful work to meet operational
need
An employee must use accrued leave time or request personal leave of absence without pay
if time off from work is necessary for any treatment or rehabilitation program. The costs of
rehabilitation or treatment services, whether or not covered by the employee's medical plan, are the
ultimate responsibility of the employee.
The cost of a split specimen under a random test shall be paid by the City or reimbursed to
the employee on a negative result only. The cost of a controlled substance and/or alcohol test
under follow-up testing is the responsibility of the employee.
Section 2. Lateral Transfer Procedures
A. Announcement of Vacant Position. Prior to the initiation of an open-competitive or
promotional examination to fill a vacant position, notice of the vacancy shall be posted for a period of
five (5) working days at the worksite of all employees in the same classification who potentially may
be interested in a lateral transfer. The announcement shall specify the position title, the nature of
the work to be performed, the name of the official to contact to express interest, and the final filingdate
B. Application for Transfer. Employees interested in making a lateral transfer into a vacant
position within their classification shall express their interest in writing to the official indicated in the
announcement prior to the end of the work shift on the final filing date.
C. Examination for Transfer. All employees who have expressed an interest in a lateral
transfer shall be given due consideration by the official responsible for filling the vacancy by virtue of
a personal interview or other examination deemed appropriate by the department head and the
Personnel Director.
D. Selection for Transfer. Among the factors to be considered by management in the
selection of employees for lateral transfers are seniority, skills, knowledge, abilities, work record and
job performance.
Section 3. Labor-Management Committee. Representatives of the Association and
management shall meet on a quarterly basis for purposes of improving communication and
resolving labor relations matters. Agendas shall be agreed upon in advance, with both parties
having equal opportunity to submit items. Any matter agreed upon by both parties may be
discussed; but discussion does not constitute waiver of access to the grievance process.
Chairmanship of the committee shall be alternated among the parties.
29
Section 4. Family Leave. The City will comply with State and Federal laws with regard to
family leave. The City has issued Administrative Regulation 430 to implement compliance and by
reference becomes part of this Agreement.
Section 5. Court Referrals. The City will assign referrals to help City employees with their
routine job assignments. A Public Works Supervisor will assign court referrals as best suits the City
and the abilities of the court referral. The supervisor will provide assignments and any necessary
guidelines to City employees who are assigned a court referral.
City employees who are assigned court referrals will follow the supervisor's guidelines. City
employees may be required to provide instructions to the court referrals in order to implement the
supervisor's assignments. At the end of the work day, the City employees will report to the
supervisor the work completed by the court referrals.
Court referrals are to be treated with respect, but any court referral who is threatening,
disruptive, or refuses to work should be returned to the yard and sent home. Court referrals should
wear orange mesh shirts over theIr regular clothes. Court referrals may not operate City vehicles or
motorized equipment
Records will be kept of the hours worked by court referrals and will be forwarded to the
Downey Municipal Court on a regular basis. The division will maintain these records.
Section 6. The City will comply with the Americans with Disabilities Act (ADA).
Section 7. Reopener. If the City implements additional retiree medical benefits to the DCEA
Miscellaneous Unit or Public Safety Auxiliary Unit and the Association requests to meet; the City
agrees to meet and confer over retiree medical benefits.t
ARTICLE XXI
SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING
Section 1. It is the intent of the parties hereto that the provisions of this Memorandum of
Understanding shall supersede all prior agreements and memorandums of understanding, or
memorandums of agreement, or contrary salary and/or personnel resolutions and ordinances of the
City, oral or written, expressed or implied, agreements between the parties or understandings
between the parties, and shall govern their entire relationship and shall be the sole source of any
and all rights which may be asserted hereunder. This Memorandum of Understanding is not
intended to conflict with Federal or State law.
Section 2. Notwithstanding the provisions of Section 1 above, there exists within the City of
Downey, certain personnel resolutions, ordinances and departmental rules and regulations. To the
extent that this Agreement does not specifically contravene provisions of these personnel
resolutions, ordinances, departmental rules and regulations; such personnel resolutions, ordinances
and departmental rules and regulations are specifically incorporated herein.
L
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ARTICLE XXII
WAIVER OF BARGAINING
DURING TERM OF THIS AGREEMENT
During the term of this Memorandum of Understanding, the parties mutually agree that they
will not seek to negotiate or bargain with regard to wages, hours, and terms and conditions of
employment, whether or not covered by this Memorandum or in the negotiations leading thereto and
irrespective of whether or not such matters were discussed or were even within the contemplation of
the parlies hereto during the negotiations leading to this Memorandum. Regardless of the waiver
contained in this Article, the parties may, however, by mutual agreement, in writing, agree to meet
and confer about any matter during the term of this Memorandum.
ARTICLE XXIII
EMERGENCY WAIVER PROVISION
n the event of circumstances beyond the control of the City, such as acts of God, fire, flood,
Insurrection, civil disorder, national emergency, or similar circumstances, provisions of this
Memorandum of Understanding or the Personnel Rules or Resolutions of the City, which restrict the
City's ability to respond to these emergencies, shall be suspended for the duration of such
emergency. After the emergency is over, the Association shall have the right to meet and confer
with the City regarding the impact on employees of the suspension of these provisions in the
Memorandum of Understanding and any Personnel Rules and policies.I
ARTICLE XXIV
SEPARABILIW
Should any provision of this Memorandum of Understanding be found to be inoperative, void,
or invalid by a court of competent jurisdiction, all other provisions of this Memorandum of
Understanding shall remain in full force and effect for the duration of this Memorandum of
Understanding.
ARTICLE XXV
TERM OF THIS MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding shall commence on November 1 , 2008 and
shall continue in full force and .effect until October 31, 2009
i 31
ARTICLE XXVI
RATIFICATION AND EXECUTION
The City and the Association acknowledge that this Memorandum of Understanding shall not
be in full force and effect until ratified by the Association and adopted by the City Council of the City
of Downey. Subject to the foregoing, this Memorandum of Understanding is hereby executed by the
authorized representatives of the CIty and the Association and entered into this 15th day of
December, 2008
CITY OF DOWNEY:
DOWNEY CITY EMPLOYEES
:NITASSOCIATION/MAINTENAN
By
By '/
By
By
By
32
EXHIBIT A
CLASSIFICATIONS REPRESENTED BY THE DOWNEY CITY
EMPLOYEES' ASSOCIATION/MAINTENANCE UNIT
Equipment Maintenance Leadworker
Maintenance Worker I
Maintenance Worker II
Maintenance Leadworker
Mechanic
Residential Rehabilitation Worker II
Residential Rehabilitation Leadworker
Transit Driver
Transit Driver/Dispatcher
Tree Trimmer
Tree Trimmer Leadworker
Water System Leadworker
Water System Operator
33