HomeMy WebLinkAboutAGENDA REPORT 2001 0905 CC REG ITEM 11SITEM 1/. s.
CITY C,-,*, LIFORliNIA
ACTION. Y` �6 Pr
MOORPARK CITY COUNCIL agj r e r�clq-h on,
AGENDA REPORT
BY.
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, ATCM /City Clerk
DATE: August 29, 2001 (CC Meeting of 9/5/01)
SUBJECT: Consider Amendment to Five -Year Memorandum of Agreement
(MOA) with Service Employees International Union AFL -CIO,
CLC Local 998
BACKGROUND
On July 7, 1999, the City Council approved a five -year Memorandum
of Agreement (MOA) ending _June 30, 2004, with Service Employees
International Union AFL -CIO, CLC Local 998. An Addendum to that
MOA was authorized by the City Council on April 5, 2000, to
incorporate retirement benefit and corresponding salary amendment
language. A Second Addendum was authorized on May 17, 2000, to
approve time off with pay on July 3, 2000. A Third Addendum was
authorized on March 21, 2001 to add a Cesar Chavez holiday.
DISCUSSION
A revised Memorandum of Agreement is now proposed, which
incorporates the prior Addendums as well as additional revisions,
as shown with legislative format in the attachment to this report.
The proposed revisions to the MOA are consistent with revisions
made to the City's Personnel Rules (a separate agenda item for the
Council's September 5, 2001 meeting). The major revisions to the
MOA include the following:
• Section 605 - Bilingual ,Pay section revised to include testing
requirements and to increase rate of pay for employees with
combined verbal and written translation skills.
• Section 606 - Longevity pay section added.
• Section 701 - City's payment for medical insurance increased for
calendar years 2001, 200',2, 2003, and 2004.
• Section 802 - Modified Work Schedule (9/80) added.
• Sections 803, 902 and 903 - Language pertaining to overtime was
revised in various sections to be consistent with Fair Labor
Standards Act.
C01
Honorable City Council
August. 29, 2001
Page 2
• Sections 1201 and 1202 - Language was added to clarify hours to
be paid by City for Local 998 unit representatives to attend
meetings on behalf of the aggrieved unit employee.
• Section 301 - Maintenance of existing conditions language was
revised to clarify when changes to personnel policies and
procedures require the meet and confer process.
• Article 14 - Language was added to the Miscellaneous Provisions
to clarify benefits to be provided to regular part -time
employees.
• Article 15 - City Rights language was added.
• Article 16 - Employee Rights language was added.
Staff is requesting that the City Council approve the amended MOA
ending June 30, 2004, and authorize the City Manager to sign the
revised MOA with the final language to be approved by the City
Manager.
STAFF RECOMMENDATION
Authorize the City Manager to approve the final language and sign
the revised MOA ending June 30, 2004, on behalf of the City.
Attachment: Draft Revised MOA
"3rd'
MEMORANDUM OF AGREEMENT
ARTICLE 1
Q
Sec. 101 TERM: This Memorandum of Agreement is effective from date
of ratification by both the employees and the City Council
up to and including Midnight, June 30, 2004.
Sec. 102 SUCCESSOR AGREEMENT: In the event the Service Employees
International Union AFL -CIO, CLC, Local 998 (hereinafter
referred to as Local 998) desires to negotiate a successor
Memorandum of Agreement, it shall provide to the City
Manager, during the period of May 1, 2004 through and
including June 6, 2004 its written request to commence
negotiations as well as its initial written proposals for
such successor Memorandum of Agreement (hereinafter
referred to as Agreement).
ARTICLE 2
IMPLEMENTATION
This Agreement constitutes a mutual recommendation to be jointly
submitted to the Moorpark City Council (hereinafter referred to as
"City ") and the Local 998. It is agreed that this Agreement shall
not be binding upon the parties, either in whole or in part, unless
and until approved by Local 998 and by majority vote by the City. It
is understood that the City will not formally amend any affected City
Resolution and /or Ordinance until after this Agreement is approved by
both parties. This Agreement aupercedesany and all prior
Memorandums of Agreement with Local 998, inclu:dinq addendums.
Local 998 shall notify the City in writing of the names of its
officers, bargaining unit representatives, and any elected negotiator
each time an election is held or new appointments are made.
ARTICLE 3
RECOGNITION
This Agreement shall apply only to persons employed in regular full
or pant -time positions in the following job .classifications and
bargaining units:
GENERAL UNIT:
Account Clerk I and II
Account Technician I
Administrative Secretary
Associate Planner
Assistant Planner
2001 MOA Update 9/5/01
1
1
Clerk Typist
Code Enforcement Officer I and II
Maintenance Worker I, and II, and III
Planning Technician I and II
Receptionist
Records Clerk
Recreation Coordinator I and II
Secretary I and II
Senior Center Coordinator
Teen Coordinator
Vector /Animal Control Technician
SUPERVISORY /CONFIDENTIAL UNIT:
Account Technician II
Administrative Services Technician
Crossing Guard Supervisor
Deputy City Clerk I and II
Executive Secretary
Finance Officer
Human Resources Analyst
Human Resources Assistant
Maintenance Supervisor
Recreation Supervisor
Senior Maintenance Worker
Senior Planner
Vector /Animal Control Specialist
ARTICLE 4
STAFFING AND CLASSIFICATIONS
CLASSIFICATIONS AND DUTIES: The City shall employ workers within the
specific duties of their job descriptions and assign employees to
°related duties" only in the absence of employees in full -time or
part- time regular budgeted positions or in peak workload or
emergency situations.
ARTICLE 5
RETIREMENT
Sec. 501 PAYMENT OF EMPLOYEE RETIREMENT CONTRIBUTION AND LEVEL OF
BENEFITS: The City shall pay the employee contribution,
not to exceed seven percent (7%) of_ base salary, to the
Public Employees Retirement System (PERS) and maintain the
current level of benefits during the term of this
Agreement: - - -- - - - -- - - -
Local Miscellaneous Member 2% at
benefit;
2001 MOA Update 9/5/01
2
55 CalPERS retirement
Fourth Level of 1959 Survivor Benefits; and
Section 20938 — Limit prior service to members employed on
PERS contract date.
Sec. 502 TWO -TIER RETIREMENT SYSTEM: The City may implement a two -
tier retirement system as provided for by PERS. Prior to
implementation of the two -tier system, City shall discuss
the matter with Local 998 but is not required to meet and
confer on said implementation.
ARTICLE 6
SALARY PLAN
Sec. 601 SALARY ADJUSTMENTS: The City agrees to adjust wages of
classes in the bargaining units covered by this Agreement
by two percent (2 %) effective with the payroll period
beginning July 3, 1999 and two and one half percent (2 h %)
effective with the payroll period beginning July 1, 2000.
Effective with the first payroll period beginning on or
after July 1, 2001, the City shall adjust wages by two and
one half percent (2 1/2 %) or by the average of the
Consumer Price Indexes for the Los Angeles- Riverside-
Orange County and the U.S. City Average All Urban
Consumers for the month of April, compared to the prior
April with a maximum increase of five percent (5 %),
whichever is higher. Effective with the first payroll
period beginning on or after July l in Years 2002 and
2003, the City shall adjust wages by the average of the
Consumer Price Indexes for the Los Angeles and U.S. City
Average for the month of April, compared to the prior
April with a maximum increase of five percent (5 %) for
each year (e.g., for Fiscal Year 2002/2003, compare April
2001 to April 2002). In the event a General Fund
operations deficit is projected for any fiscal year in the
proposed budget prepared by the City Manager and as an
alternative to layoffs or reductions in hours, then the
City Council shall have the prerogative to suspend, delay,
reduce or cancel the salary adjustment in that fiscal
year. Such action will not be taken without providing an
2001 MOA Update 9/5/01
3 cow9Z
opportunity for Local 998 to meet and confer with the City
Manager.
As a condition of the City approving a contract amendment
with CalPERS to provide a 2% at 55 retirement benefit
effective per Section 50--1, above, the salary adjustments
provided for in the first paragraph of Section 601, above,
shall be amended as follows:
Effective with the first payroll period beginning on
or after July 1, 2000, the City shall adjust wages by
two percent (2 %).
Effective with the first payroll beginning on or after
July 1, 2001, the City shall adjust wages by two
percent (2 %) or by the average of the Consumer Price
Indexes for the Los Angeles- Riverside - Orange County
and the U.S. City Average All Urban Consumers for the
month of April, compared to the prior April, minus
one -half percent (1/2 %), with a maximum increase of
five percent (5 %), whichever is higher.
Those classifications with the "EX" notation are exempt from the
payment of overtime except as provided for in Section 902 B.
Classification
Account Clerk I and II
Account Technician I and II
Administrative Secretary
Administrative Services Technician
Assistant Planner
Associate Planner "EV
Clerk Typist
Code Enforcement Officer I and II
Crossing Guard Supervisor
Deputy City Clerk I & III"
Executive Secretary
Human Resources Analyst
Human Resources Assistant
Finance Officer "EX"
Senior Maintenance Worker
Maintenance Supervisor
Maintenance Worker I, an II, and III
Personnel Teehnieian
Planning Technician I and II
Receptionist
Records Clerk
Recreation Coordinator I and II
Recreation Supervisor
Secretary I and II
Teen Coordinator
Senior Center Coordinator
Senior Planner "EX "�
2001 MOA Update 9/5/01�,�
4
Vector /Animal Control Specialist
Vector /Animal Control Technician
Sec. 602 OFF -DUTY PHONE /PAGER CALLS: Employees who receive calls,
including the time to make related return phone calls,
after having left work at the end of their normal
scheduled work hours and /or on weekends or holidays are
entitled to pay for the time spent providing service on
behalf of the City. Such work for the City shall be
compensated for all time actually worked in increments of
one- quarter (1/4) hour each time called or paged and spent
making related return calls. After pre - approval of their
supervisor,. -eonly employees who are required by the
nature of the call to return to work shall be entitled to
receive pay for callback. If required to return to work,
the time spent pursuant to this paragraph shall count as
part of the callback time pursuant to this Section of the
Agreement.
Sec. 603 —This section .intentionally deleted.SAL z#€ee�i�
Sec. 604 DEFERRED COMPENSATION AND MEDICARE CONTRIBUTION: Effeet
with the p = 1= o �ePg=nn - =g��, 1999 City shall
pay ene and e e half-two percent (- 2.00) of a regular
employee's es -s-base salary into a City approved deferred
compensation program, if and when the employee is enrolled
in one of the City's participating deferred compensation
programs.
Those regular employees hired prior to April 1, 1986, that
were exempted from payment of the Medicare portion of
Social Security, shall have the option as of January 1,
2002, of either enrolling in the Medicare Program (if
allowed by the Social Security Administration) with the
City paying the employer's share of such costs, or the
eligible employee may choose not to enroll in Medicare and
the City shall pay the equivalent amount of the employer's
share as deferred compensation.
Sec. 605 BILINGUAL PAY: Effective with the first payroll period
beginning in July -3-,--149-9-2001, the City shall continue to
pay bilingual compensation for translation skills at the
rate of thirty cents ($.30) per hour for all hours actually
worked, including vacations, City holidays, and sick
leave, but not for any -
2001 MOA Update 9/5/01
disability._._leave or other unpaid leave, et-e., for up to
forty (40) for those regular employees with
the demonstrated ability to effectively speak and
understand Spanish without any need to call upon another
Spanish-speaking employee to assist with translation.
Effective with the first . payroll period in January 2002,
the City shall pay bilingual compensation for combined
verbal and written translation skills for those regular
employees in designated positions with the demonstrated
ability._...to effectively speak, read, write, and understand
Spanish without any need to call upon another Spanish-
speaking employee or the use of a bilingual translation
software program to assist with the translation. The rate
for combined verbal and written translation skills for
regular employees in designated positions will be forty
..... ..... - - designated_
($.40) per hour for all hours actually worked,
including vacations, City holidays, and sick leave, but not
for disability leave or other unpaid leave, for up to forty
(40) hours per week. The City shall designate positions
eligible for combined verbal and written translation skills
Wi-
---- - - --------- - -
out any requirement to meet and confer. ,
Effective with the first payroll period in January 2002,
the City shall continue to pay bilingual compensation for
verbal translation skills for those regular employees- with
. ... ... --- - --------
the demonstrated ability to - effectively speak and
understand Spanish without any - need to call upon another
Spanish-speaking employee to assist with the translation.
The rate for verbal translation skills will be thirty cents
30 per hour for all hours actually . worked, -- including
vacations, City holidays, and sick leave, but no . t -- f - or .
disability leave or other unpaid leave, for up to forty
(40) hours per week.
Qualification for this - bilingual pay shall be determined by
the City at its sole discretion - and may include both verbal
and written tests. All employees receiving bilingual pay
may be tested annually by City. A current employee (hired
prior to July 1, 2001) may decline to take the
verbal/written or verbal- only - bilingual - tests; however,
bilingual pay for that employee w . ould =.. cease beginning with
the pay period following the annual test date. An eTployee
who declines to take the combined verbal/written bilingual
test may still qualify for the verbal-only bilingual pay
upon successful completion - -of the verbal bilingual test.
- - ----------- - -------
The City is not required to meet and confer on requiring
completion of verbal or combined verbal/written bilingual
.testing for designated positions as a component of an open-
competitive examination process, consistent with Section
6'71-6-1---t--h'--e Personnel ---- R-"-u . ..... i--e�-s-.
2001 MOA Update 9/5/01 0
Sec. 606 LONGEVITY PAY: Effective with the first 2ayroll period in
July 2003, regular full-time eMloyees that have coT21eted
ten (10) full years of service with the City shall be
entitled to longevity pay benefits to be paid each pay
p o♦ based on the gross base salary for that Lod,
so long as the employee's performance evaluation is at
least at a commendable (one level above satisfactory, 7.0
or higher score) level and the e��ployee is not on unpai
leave. Longevity pay shall be calculated based on years of
service as follows:
11-15 years of service - one-half percent (.5%)
16-20 years of service - one percent (10)
21 or more years of service - one and one-half percent
(1.5%)
Eligibility for longevity pay shall be considered annually,
following performance evaluation completion. Any longevity
pay granted pursuant to this Section, and based upon a
completed performance evaluation, shall be effective as of
the first day of the pay period in which the evaluation
anniversary date occurs.
ARTICLE 7
INSURANCE PROGRAMS
Sec. 701 PREMIUM PAYMENT: City shall continue to contract for its
medical program through the PERS Health Plan and shall pay
1000 of premiums for employee and eligible dependents,
coverage for all eurr e the dental and vision insurance
programs provided
_Jmedieal dental and
and shall
continue to Pav 100% for long -term disability:- insurance
insurance
_._qj�� - - - -------------
for employees (not applicable to -aependen
of the Agreement., emeept tThe City's obligation for
medical insurance shall be limited as follows: to ate.
pereent, 11no-% 4 ------- 4- 1
I X-1 — �emplejee- & 24-
depenien-1--s', medieal insuranee premium for fiseal yea
- I
24�0.0-1 based upen tlfie Jully 1999 eest fer the mes-t-
expensive plaav-
For calendar year 2001, City will pay 100% of medical
insurance premiums for employee and eligible dependents,
............ ------- - - - - -------- - --------- - - ------------ - -------
coverage for all current CalPERS provided plans.
For Fise - Ycalendar years 2001/ — 2002, the City's
obligation shall be limited to a maximum of a $903 monthly
- - - - -- - -----------------
medical insurance premium for employee and eligible
dependent(s); for calendar year 2002/2003, the City's
obligation shall be limited to a maximum of $1,018 monthly
medical insurance premium for employee and eligible
2001 MOA Update 9/5/01
7
dependent(s), and for calendar year ,2004, the City's
obligation shall be limited to a fiveten percent (10a)
increase
above the cost for the _.most expensive plan (for employee
-_._._._... _._._._
and 2 dependents) for the prior calendar year.
The City at its sole discretion may elect to provide short -
term disability insurance that is supplemental to State
short -term disability insurance - -for regular employees
working a minimum of 1,300 hours annually. City is not
required to meet and confer on said implementation of
provision of short -term disability insurance. The City at
its sole discretion may elect to cancel such supplemental
short -term disability insuranc
net ee of —a _e e at any time. City is not
required to meet and confer on its decision to cancel
supplemental short -term disability insurance.
Sec. 702 PAYMENT IN LIEU OF DEPENDENT COVERAGE: At the employee's
option, the employee may choose not to subscribe to
certain dependent coverages and if this option is chosen,
the City will pay employee one -half of the premium cost
for dependent coverage at employee - plus -one dependent rate
for medical, vision and dental plans, not to exceed
payment of $175 per month if employee elects not to cover
all of their otherwise eligible dependents. If this option
is chosen by an eligible employee, the medical portion of
the in -lieu payment (one half of the premium cost for the
employee plus one dependent) shall be calculated using the
then applicable cost of the plan the employee is enrolled
in for his /her own coverage. If an eligible employee has
chosen not to be covered under the City's health, dental,
or vision plans, the in -lieu payment referenced above
shall be based on the least costly plan. City agrees to
provide this option only so long as provider does not
object and this action is consistent with applicable
federal and state laws. Once the employee has selected an
option, he /she may not change their selected option until
the renewal date of the medical, vision and dental plan.
En the case of a husband and wife that both work full tiv,.4
for the City, - -a_ total of a- $- x.75 - -por month in-lieu Payment
will be paid b City to the spouse that waives all
medical, vision, and dental insurance coverage (other than
that coverage they are provided under their spouse's
insurance enrollment). For example, the spouse with a
birthday occurring first in a calendar year would be the
employee that would enroll their family in all available
medical, vision and dental insurance coverages, and the
other spouse would waive all insurance coverage and
receive a total of a $175 in -lieu payment monthly.
2001 MOA Update 9/5/01
8 ��
ARTICLE 8
HOURS OF WORK
Sec. 801 BREAK TIMES: Employees in classifications covered by the
Agreement shall be entitled to one (1) fifteen minute paid
break during each four (4) hour period of work. Insofar
as possible, said breaks shall fall approximately midway
in the work period. Said breaks shall neither be
cumulative nor added to the lunch break., and Breaks may
-- - --------------
be delayed or denied for unusual circumstances or
emergencies.
Sec. 802 MODIFIED WORK SCHEDULE (9/80): A 9/80 work schedule is
defined as a modified work schedule plan, in which
employees work eight 9-hour days and one 8-hour day in a
pay period totaling 80 hours. The City agrees to implement
a 9/80 work schedule effective September 2001, for an
eight- (8) month trial period. City will conduct an
evaluation after six (6) months to determine the effect on
employee productivity, general service levels, and the
City's mission. Represented employees, management and City
customers will be surveyed prior to the City's decision.
The City is not required to meet and confer with Local 998
on any decision to continue or discontinue a 9/80 schedule.
If the 9/80 schedule is allowed to continue after the
trial period, the rules shall be consistent with the
language pertaining to the trial period in this section and
any additional rules issued by the City Manaqer at his/her
- - ------------ -
sole discretion, including City's ability to cancel the
9/80 schedule at anytime at the City's sole discretion.
The City Manager at his/her sole discretion may exempt any
position or group of positions from being placed on a 9/80
schedule in order to fulfill the mission of the City. For
each pay period, the City shall determine at its sole
discretion the schedule for each employee, including what
day is the 8-hour day and which is the off day, to ensure
maintenance of a 40-hour work week in compliance with the
Fair Labor Standards Act. Whenever practical, the off day
shall be Monday or Friday.
Regular full-time employees will receive 8 hours of holiday
leave pay for a full holiday and 4 hours for a half -day
holiday.. If applicable, regular part-time employees on a
9/80 schedule will receive prorated holiday leave. Any
employee scheduled to work other than an 8-hour day on a
designated City holiday must use vacation time,
administrative leave, or compensatory time to make up the
difference. If a holiday falls on a day that is scheduled
as an off day for a regular full-time employee on a 9/80
2001 MOA Update 9/5/01 e (1) 0 «1, !9 6
schedule, the City will credit 8 hours of vacation leave
for each holiday which occurs on an employee's off day. if
applicable, a regular part -time employee on a 9/80 schedule
will receive prorated vacation leave for each holiday,
which occurs on that employee's Gaff day. For those work
weeks containing a__ holiday, the City_Manager may approve a
change in schedule for an employee to allow the 8 -hour work
day to fall on the holiday, if such approval would not
result in the work week exceeding 40 hours.
Employees will be required to charge the amount of paid
time off necessary to account for the number of hours in
the regular daily work schedule when utilizing vacation
leave, sick leave, administrative leave, or compensatory
time. For example, an employee shall charge 9 hours of
leave for a regularly scheduled 9 -hour day.
Employees serving jury duty on their off days shall not be
compensated by the City.
At any time, the City Manager with no less than one -week
notice may determine at his /her sole discretion that any
position or group of positions shall be returned to the
standard 8 -hour day, 40 -hour week schedule. During the
trial period, the City shall allow employees to remain on
the standard 8 -hour day, 40 -hour week schedule. Once the
trial period starts, employees will not be allowed to
change from one schedule to another, unless approved by the
City Manager.
Those positions not allowed a 9/80 schedule, as a result of
fulfilling the City's mission, may be periodically adjusted
to a 9/80 schedule if authorized by the Citv Manaaer.
Employees on the 9/80 schedule assigned to City Hall shall
work 7:45 a.m. to 5:45 p.m. on their 9 -hour days and the
hours for their 8 -hour day shall be as approved by their
Department Head (not to begin earlier than 7:45 a.m. or end
earlier than 4:45 p.m.).. Employees assigned to the Public
Works /Community Services yard facilities shall work 6 :45
a.m. to 4:15 p.m. on their 9 -hour days and the hours for
their 8 -hour day shall be as approved by their Department
Head (not to begin earlier than 6:45 a.m. or end earlier
than 3:15 p.m.). Employees assigned to the Arroyo vista
Recreation Center and Senior Center and vector
Control /Animal Regulation employees shall work a schedule
as determined by the City Manager or his /her designee.
Those employees assigned a shift that includes Saturday and
Sunday may have a shift of up to 10 hours on those days, so
long as no other workday is less than 8 hours.
2001 MOA Update 9/5/01
10
t
Sec. 80-23 MISCELLANEOUS:
A. The City shall maintain a one-half hour lunch and its
ability to have the work day start as late as 8:00 a.m. for
employees in the Maintenance Worker I, and II, and III;
Lea Senior Maintenance Worker; and Maintenance Supervisor
classifications, except for the Maintenance Worker I, or
II, or III assigned to the Community Center and/or similar
facilities.
B. —in the event of an oeeasienal adjustment of the werk weeky,
day or hours eeeurs for the Reereatien
Reereatien Geerdinater 1 and 11, and Sen-'-.
Geerdinater, t7he City has discretion to make s
occasional adjustments - of the work week, day or hours for
the following list of employees: Associate Planner; Code
Enforcement Officer I and II; Crossing Guard Supervisor;
Deputy City Clerk I and II; Human Resources Analyst; Human
Resources Assistant; Maintenance Worker I, II, and III;
Maintenance Supervisor; Planning Assistant; Planning
Technician I and II; Recreation Coordinator I and II;
Recreation Supervisor; Senior Center Coordinator; Senior
Maintenance Worker; Senior Planner; Teen Coordinator;
Vector/Animal Control Specialist; and Vector/Animal Control
Technician. when informed that an occasional adjustment
will be scheduled and said adjustment involves two or less
shifts within a work week, the employee may request in
writing and the Department Head may approve in writing that
one or both of the shift adjustments not occur. If as
requested, the shift adjustment is not made, and the
employee works in excess of forty (40) hours in a work
week, then any time worked in excess of forty (40) hours
I- A
that werk �-_-,shall be aeerue. as e y tim eff at
the straight time rate. This empeR-saatery time shall
used iAthin the same pay peried in whieh it ee-ei-i-r-red, er
the subsequent paw- period. — shall be compensated in
accordance with Section 4.12 of the Personnel Rules.
C. Due te the unique requirements of the jeb duties a
responsibilities of the Reereatien Geerdinater 1 and I-I—,
Reereatien Supervise and Senior Genter Geerdinat-e-r-
elassifieatiens, the oeeasienal adjustment of the we
J
week, day, or th employee- works en
I.n. sueh ease the provisions of th
ab ve
the Algreement, eixeept that the employee shall at his/her
ept-4--n!
a) Be eredited with one hour of vaeatien leave for eaeh
hour werk-ed-,-er,
Fkeeeive one hour e -"me for e-aeh hour
4- 4 41 gn�
--me -be ased
2001 MOA Update 9/5/01
C" G 04: i G,
11
within the same pay peried it f er the
."nabs o�ee— ist ".ru� .•"d
(NeTEt if the time eff is taken, it may result in straight--
that might otherwise be at time and ene
The City is not
precluded from: 1) Assigning a work week and hours with a
schedule that is different from Monday to Friday, 8:30 a.m. to
5:30 p.m. or as described in Section 802 of this Agreement; or
2) implementing an occasional adjustment that involves more
than one day per week. The City shall provide no less than two
(2) weeks notice to the affected employee before altering
his /her work schedule, unless as determined by the City
Manager less notice is needed to fulfill the mission of the
City.
D. The City will include a reference in the specified job
classifications relating to the occasional need to adjust the
work week, day or hours to serve the interest of the City's
operation and mission. The job classifications are: Publio
f
Maintenanee f ,
f _er,
1 and 11 and Senie
Associate Planner; -- Code _- Enforcement - Officer _I and _II_;
Crossing Guard Supervisor; Deputy City Clerk I and II; Human
Resources Analyst; Human Resources Assistant; Maintenance
Worker I, II, and III; Maintenance Supervisor; Planning
Assistant; Planning Technician I and II; Recreation
Coordinator I and II; Recreation _. Supervisor; Senior Center
Coordinator; Senior Maintenance Worker; Senior Planner; Teen
Coordinator; Vector /animal Control Specialist; and
Vector /Animal Control Technician.
this Agreement shall eemmenee at 12:01 a.m. en Saturday and
ARTICLE 9
OVERTIME
Sec. 901 DEFINITION: Overtime is defined as hours worked in excess
of 40 hours in a work week. For purposes of calculating
overtime, vacation time and observed holidays but not sick
leave or other time off shall be credited as time worked
during the work week.
Sec. 902 COMPENSATION FOR OVERTIME HOURS WORKED:
2001 MOA Update 9/5/01
12
C, 0
A. Employees shall be paid in cash or, with the approval of the
City Manager, compensatory time at a rate of one and one -half
times all overtime hours worked, consistent with Rule 4,
Compensation, except as otherwise provided for in Sections 902
B. and 903 herein ® r r
..me may bank up 41-E) fe—I heurs ef
eempensatery tAffle that must be taken eff
the fis
year in whieh it is earned. if the empleyee is unable te take
r
his/her then regiiiar rate ef pay at any t-am-e.
2-: The Finance Officer is exempt from compensation for
overtime. The
employee in the aforementioned
classification
shall accrue five (5) days of
Administrative
Leave for the fiscal year. Said
Administrative Leave shall be accrued monthly on a pro -
rated basis and
must be taken by the end of the fiscal
year. The dates
of Administrative Leave may be selected
by the employee
but must be approved in advance by the
department head
who shall consider the wishes of the
employee and the
needs of the City. Earlier use of the
Administrative Leave may be authorized by the department
2001 MOA Update 9/5/01
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2-: The Finance Officer is exempt from compensation for
overtime. The
employee in the aforementioned
classification
shall accrue five (5) days of
Administrative
Leave for the fiscal year. Said
Administrative Leave shall be accrued monthly on a pro -
rated basis and
must be taken by the end of the fiscal
year. The dates
of Administrative Leave may be selected
by the employee
but must be approved in advance by the
department head
who shall consider the wishes of the
employee and the
needs of the City. Earlier use of the
Administrative Leave may be authorized by the department
2001 MOA Update 9/5/01
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head. In the event an employee leaves the City service
and has used more Administrative Leave than was actually
earned, the employee shall have the equivalent dollar
amount of such advanced Administrative Leave based upon
their then regular rate of pay deducted from his /her final
check or repay the City said amount. It is the
responsibility of the employee to not permit the accrual
to remain after June 30 of any fiscal year. If an
employee has any accrued Administrative Leave as of June
30 under any circumstances other than the City's
restrictions due to service demands, any such time shall
be automatically forfeited unless an extension in writing
is authorized by the City Manager prior to June 30.
Employees who terminate shall be paid for accrued
Administrative Leave based upon their then regular rate of
pay.
C. 1. Asseeiate and Senior Planners shall be paid at straight
time rate or shall receive equal compensating time off for
all overtime hours worked for which City can charge said
hours against deposits of other than City General funds
consistent with applicable City and State laws, rules,
policies and procedures. If overtime is the result of
attendance at a meeting of the City Planning Commission,
Parks and Recreation Commission and /or other official
meetings commencing after 5:30 p.m. or on weekends or
holidays, no one deposit may be charged more than six (6)
hours for any one employee nor more than a total of six
(6) hours for any one meeting. An employee required to
work more than four (4) hours at an official meeting not
billable to a project deposit may claim the balance of
hours worked as Administrative Leave per paragraph 2.,
below. Said claim must be approved by the City and shall
begin at the commencement of the meeting, the employee's
arrival at the meeting or time directed to arrive at the
meeting, whichever is later.
2. For each of the first forty (40) hours of overtime in each
fiscal year of this agreement for which compensation is
not paid per l., above, and for any other work including
attendance at official meetings commencing after 5:30 p.m.
or on weekends or holidays, not billable to a development
project deposit, the employee shall receive one hour of
Administrative Leave calculated at the straight time rate.
D. An employee who is eligible for Administrative Leave and
who is required to work four or more hours beyond the
normal work day may request the Department Head to use
Administrative Leave or adjust their schedule on the
subsequent day so long as the adjusted schedule includes
eight (8) hours of actual work, unless Administrative Leave
or other leave is used.
2001 MOA Update 9/5/01 14 C0040td
Sec. 903 POLICY- LIMITATION ON OVERTIME:
A. It is the City's policy to avoid the necessity for overtime
whenever possible. Overtime work may sometimes be
necessary to meet emergency situations affecting public
health, safety or welfare, seasonal or peak workload
requirements. No employee shall work overtime unless
authorized by his /her supervisor/department/ageney head.
B. Notification of the need for overtime shall generally be
provided to affected employees at least two - -one ( -21) hours
prior to the beginning of the overtime. When employees are
not noticed in advance, as set forth in this article, the
employee shall be paid an additional one -half (�) of
his /her then regular rate of pay for the first hour of
overtime. In addition, overtime worked without such prior
notice shall result in no less than one (1) hour overtime
pay. This section shall not apply to the Deputy City Clerk
I and II, Human Resources Analyst, and Human Resources
Assistant_ positions and shall not appl_...._._in emergency
situations that affect public health, safety or welfare.
C. Employees shall not have their regular scheduled work week
or work day altered by the City for the avoidance of
overtime, except for those classifications specified in
Section 80-23 of Article 8 of this Agreement or for
fulfillment of the City's mission. For all affected
employees in those specified classifications, the City
shall provide no less than one (1) week advance notice of
any scheduled weekend, night work, and /or other changes to
the regular scheduled work week, except that in City's sole
discretion as a result of an urgent need or special
circumstance or to ensure that such employee maintains a
40 -hour workweek, the City may give less notice.
ARTICLE 10
TEXTBOOK AND TUITION REIMBURSEMENT
Sec. 1001 PURPOSE AND ELIGIBILITY: To provide a program whereby
regular full -time employees of the City are reimbursed for
the costs of textbooks, tuition, registration and
laboratory fees for occupationally related school courses,
workshops, and seminars satisfactorily completed on the
employee's own time.
Sec. 1002 COURSES ELIGIBLE: The following criteria will be used in
determining eligibility for reimbursement:
A. Courses must have a reasonable potential for resulting in more
effective City service.
2001 MOA Update 9/5/01
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0004 04
B. Courses directly related to the employee's occupational field
are eligible.
C. Courses that are prerequisite to job- related courses are also
eligible.
D. Job- related courses preparing an employee for promotion in
his /her job field, or a job field for which there are
promotional opportunities within City service.
E. Graduate course work, which is required to receive a job -
related Master's Degree, is eligible for reimbursement.
F. Courses must be satisfactorily completed. A grade of "C" or
its equivalent is required for reimbursement. A grade of "A
or "B or its equivalent (Pass for Pass /Fail courses) is
required for reimbursement for graduate courses.
G. Courses must be offered by a school which is accredited by the
Western Association of Schools and Colleges, the U. S.
Department of Health, Education and Welfare, the Veteran's
Administration, or other scholastic /professional accrediting
organization approved by the City Manager.
H. Seminars and workshops directly job- related are eligible if
offered in conjunction with an accredited college, educational
institution or professional organization. The course work
must be approved in advance by the City Manager.
I. Costs for course materials, including textbooks, will be
reimbursable only if such items are a mandatory requirement of
the course. At the City's option, said materials may be
required to be provided to the City upon completion of a
course if it is determined to be of benefit to the City.
Sec. 1003 COURSES NOT ELIGIBLE FOR REIMBURSEMENT:
A. Those taken to bring unsatisfactory performance up to an
acceptable level.
B. Those which duplicate training provided by the City.
C. Those which duplicate training the employee has already
received.
Sec. 1004 TEXTBOOK AND TUITION REIMBURSEMENT:
A. Tuition Reimbursement: City shall, unless otherwise
designated in this Agreement, provide for 100% reimbursement
of tuition for off -duty, job - related recognized courses up to
a maximum of One Thousand, Two Hundred Dollars ($1,200) per
fiscal year, and a lifetime maximum of Four Thousand Dollars
($4,000) in accordance with the provisions of this Article.
2001 MOA Update 9/5/01
16 00 04
The available funding for the program shall be subject to the
annual fiscal year budget appropriation by the City Council.
The amount of reimbursement shall not exceed the then
applicable fees and charges used by the California State
College and University - System. An eligible employee may
request a funding advancement to cover the costs associated
with one course per fiscal year. Such request shall be made
in writing to the City Manager and shall describe the
financial hardship or other reasons for necessitating the
proposed advancement.
Sec. 1005 COSTS NOT COVERED: In terms of both time and money, the
following costs are not covered by this program:
A. Courses must be taken on the employee's own time, or
compensatory time, or vacation time, or administrative leave
approved in advance by the Department Head. Department Heads
are encouraged to adjust schedules whenever possible to allow
employees to attend classes and make up any time lost. The
intent of this Section is to not provide for time off with
pay-
B. Neither transportation nor mileage reimbursement are provided
for by this program.
C. Parking fees, meals and other costs not specifically covered
in this program will not be paid by the City.
D. Costs for which reimbursement is received from other sources
are not covered. Portions not covered from other sources will
be paid by the City up to the maximum as provided by this
Article so long as the other provisions of this Article are
met.
E. Conventions and conferences are not covered by this
reimbursement program.
F. Courses in preparation for a Juris Doctorate (law) degree are
not covered by the program.
G. Preparation courses for professional certifications, licenses,
and registrations, and any costs associated with testing for
said licenses are not covered by this program.
Sec. 1006 TEXTBOOK AND TUITION PROGRAM ADMINISTRATION: Each
Department Head is responsible for the administration of
this program for employees assigned to his /her department.
Only those employees who receive at least a satisfactory
performance evaluation during the most recent evaluation
period shall be eligible for this program. Employees
shall provide their Department Head with notice of intent
to participate in the program, including any itemization
of costs, four (4) weeks prior to registration for the
2001 MOA Update 9/5/01
17 000406
course (s). The Department Head shall then provide the
employee written confirmation of said request. Failure to
receive prior written approval from the Department Head
may result in ineligibility of costs for reimbursement.
An official record of grades and receipts or, if grades
not awarded, record of satisfactory completion, must be
received by the Department Head within 90 days after the
lust class session. Reimbursement will be made to the
employee within two weeks after grade cards and receipts
have been received by the Department Head. The Personnel
Director may develop such forms and additional procedures
which he /she deems necessary to accomplish the intent of
this textbook and tuition program.
Sec. 1007 USE OF TEXTBOOK & TUITION - OUT OF STATE: An employee
shall be entitled to reimbursement for classes /courses
taken out -of- state, provided that all the above criteria
are met and it results in no additional cost to the City.
Sec. 1008 TEXTBOOK.AND TUITION REIMBURSEMENT TO CITY AT SEPARATION
OF CITY EMPLOYMENT: In the event the employee leaves the
City service within six months from the date of completion
of the course(s), employee shall reimburse the City for
the full costs of the course(s). Employees leaving
between six (6) months to twelve (12) months shall
reimburse the City seventy -five percent (75%) of the
costs. Employees leaving between thirteen (13) months to
twenty -four (24) months shall reimburse the City for
twenty -five percent(25%) of the costs. This reimbursement
provision shall not apply to an employee who leaves the
City service as a result of a service retirement under the
City's retirement program or is dismissed from City
service.
ARTICLE 11
HOLIDAYS
Sec. 1101 PAID ASSIGNED HOLIDAYS:
1.
New Year's Day, January 1;
2.
Martin Luther King's Birthday, the third Monday in
January;
3.
Wa h � ����
^ President's
Day, the
third Monday in February;
4.
Cesar Chavez day, March 31,
as follows:
a) If March 31 falls on a
Sunday, Monday,
Tuesday,
or Wednesday, then the
holiday will be
observed
on Monday;
2001 MOA Update
9/5/01
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18
b) If March 31 falls on a Thursday, Friday, or
Saturday, then the holiday will be observed on
Friday.
5. Memorial Day, the last Monday in May;
6 July 4;
7. Labor Day, the first Monday in September;
8. Veteran's Day, November 11;
9. Thanksgiving Day, the fourth Thursday in November;
10. The day after Thanksgiving;
11. Christmas Day, December 25;
12. Christmas Eve (December 24) as follows:
a) Four hours if this date falls on Tuesday,
Wednesday, Thursday or Friday;
b) Eight hours if this date falls on Monday;
C) No hours if this date falls on Saturday or
Sunday.
13. And every day appointed by the President of the United
States or Governor of this State for public feast,
Thanksgiving or holiday, when specifically authorized
by the City Council.
Except numbers 12. or 13., above, if a paid assigned
holiday falls on a Saturday, the preceding Friday shall be
the holiday in lieu of the day observed. Except numbers
12. or 13., above, if a paid assigned holiday falls on a
Sunday, the following Monday shall be the holiday in lieu
of the day observed. For those employees regularly
scheduled to work Saturday and /or Sunday, the paid assigned,
holiday shall be the day on which the holiday actually
occurs.
Sec. 1102 WORK ON HOLIDAYS: Full -time employees who are required to
work on a paid assigned holiday shall, in addition to
receiving straight time, not to exceed eight (8) hours per
holiday, be paid in cash at one and one -half their then
regular rate of pay for hours actually worked, up to eight
(8) hours, not to exceed eight (8) hours per holiday. Any
time worked in excess of eight (8) hours on a paid
assigned holiday shall be paid in cash at two and one -half
(2 2) times their then regular rate of pay. Any full -time
employee, whose regularly scheduled day off falls on a
paid assigned holiday and who is not required to work on
said holiday, shall be credited with eight (8) vacation
leave hours for each such holiday.
Full -time employees required to work on the Cesar Chavez
holiday shall receive straight -time pay, not to exceed
eight (8) hours, and shall also be credited with one hour
of vacation leave for each hour worked on Cesar Chavez day,
not to exceed eight (8) hours. Any hours worked in excess
of eight (8) hours on the Cesar Chavez holiday shall be
paid in cash at two and one -half (2 �-) times the employee's
regular rate of pay.
Sec. 1103 HOLIDAY POLICY FOR REGULAR PART -TIME EMPLOYEES: Employees
whose regular schedule is less than full time shall
receive holiday credit as s- e- t ferth in the -_ t._ole —on a
pro rata basis, receiving pay or vacation based on their
regular scheduled hours er their wer-ked heurs in the pay
for the fiscal year.
_
Regular part -time employees required to work on the Cesar
Chavez holiday shall receive straight -time pay for hours
worked and shall receive pro -rated vacation leave as
credit for the holiday, consistent with applicable
provisions in the Personnel Rules.
ARTICLE 12
LOCAL 998 RIGHTS
Sec. 1201 ASSOCIATION BUSINESS AND PAID WORK TIME: The City agrees
to authorize up to one ( 1) City employee per bargaining
unit who is a member of the Board of Directors of Local
998 up to one (1) hour per month time to attend Local 998
Board meetings on their own time by utilizing compensatory
time off, vacation time or leave without pay, if such time
is requested in advance. In addition, Local 998 paid
staff are authorized to visit work stations of Board
members to obtain signatures on official Local 998
documents.
It is further agreed that officers, executive board
members and unit representatives (unit stewards) will
conduct all other Local 998 business, exeept for time
on their own time, except for time
2001 MOA Update 9/5/01 20 l0 0
Regular part -time employees required to work on the Cesar
Chavez holiday shall receive straight -time pay for hours
worked and shall receive pro -rated vacation leave as
credit for the holiday, consistent with applicable
provisions in the Personnel Rules.
ARTICLE 12
LOCAL 998 RIGHTS
Sec. 1201 ASSOCIATION BUSINESS AND PAID WORK TIME: The City agrees
to authorize up to one ( 1) City employee per bargaining
unit who is a member of the Board of Directors of Local
998 up to one (1) hour per month time to attend Local 998
Board meetings on their own time by utilizing compensatory
time off, vacation time or leave without pay, if such time
is requested in advance. In addition, Local 998 paid
staff are authorized to visit work stations of Board
members to obtain signatures on official Local 998
documents.
It is further agreed that officers, executive board
members and unit representatives (unit stewards) will
conduct all other Local 998 business, exeept for time
on their own time, except for time
2001 MOA Update 9/5/01 20 l0 0
spent in negotiations or grievance related meetings with
the designated City representative, and may request with
pxier approval byof uti _zinguse of compensatory time,
vacation time or leave without pay for such purposes. The
City will grant up to a maximum of two hours of City -paid
leave for employee and re2resentative attendance at -a
grievanceVrelated meeting with the City Manager and for
Loco
998 unit representative attend ance _._.._ -a- t negotiation
meetings with the desig nated _
City representative.
Sec. 1202 UNIT REPRESENTATIVE: Local 998 may designate a unit
representative in each bargaining unit to represent those
employees in their respective units. Local 998 shall
submit to the City a list of unit representatives within
30 days following the signing of this Agreement. The list
is to be updated on a semi- annual basis.
When requested by a unit employee, a unit representative
may represent the aggrieved unit employee under the
Grievance Procedure, and the City shall grant the
representative and the employee up to a maximum of two
hours of City -paid time ar-e7a-sonable ameunt e�ff effieial
to attend the grievance
meeting. All grievance preparation work shall be done on
the employee's - -and representative's own time
-- !.but__ -may
include using compensatory time, vacation time, or leave
without path 2rior supervisor approval.
Sec. 1203 INTERDEPARTMENTAL MESSENGER SERVICE (BROWN MAIL): The
County's interdepartmental messenger service (brown mail)
may used for individual business - oriented communication
between employees who are represented by Local 998 and
between the paid staff of Local 998 and such employees,
provided that paid staff of Local 998 shall pick up and
deliver all messages being communicated outside the
City's /County's normal distribution route and provided
written concurrence for use of the brown mail is received
from the County of Ventura and said service is at no cost
to the City.
Sec. 1204 PAYROLL DEDUCTIONS: It is mutually agreed that the City
will deduct, from the pay of Local 998 members, dues and
monies for benefit programs in the amounts certified to be
current and correct by the Executive Director of Local
998. There shall be no more than one such deduction per
employee per pay period. Said deductions shall only be
made from those employees who individually request in
writing on the forms specified by the City, that such
deductions shall be remitted by the City to Local 998.
This authorization shall remain in full force and effect
until revoked in writing by the employee or until the
employee terminates City employment.
2001 MOA Update 9/5/01 U, 0 0 4.110
21
The City and Local 998 mutually agree that both parties
and their respective officers, employees and agents be
saved, indemnified and held harmless from any liability
due to errors and omissions arising out of the other
party's use of the Local 998 - sponsored deduction code.
ARTICLE 13
MAINTENANCE OF EXISTING CONDITIONS
Sec. 1301 Emeept as herein faedifted, there shall be ne eha---
entering inte this Agreement and all rights, ,
, as ef the
date ef this Agreement, whieh are net speeifteally set
ferth shall remain in full feree, uneh.angedl -4
. Excluding Moorpark
Administrative Procedures {M.A.P.'s), which ma be
y
established or changed without the need to meet an- d
confer, personnel policies and procedures of the City, to
the extent that they constitute wages, hours and terms and
conditions of employment, are _ __ a e_ _. �._ - . - v�,....
shall. -- _remain _ in full _ force, unchanged and unaffected
during the terms of this Agreement unless changed pursuant
to the meet and confer process.
ARTICLE 14
MISCELLANEOUS PROVISIONS
The following items are to be included in applicable rules,
regulations and policies:
1. All classifications requiring possession and maintenance of a
valid California Driver's License and /or are required to drive
a vehicle for the City, are required to immediately inform the
City Manager in writing of any restrictions, suspensions
and /or revocations of their Driver's License. Failure to
comply will result in disciplinary action, including
dismissal.
2. Uniforms and Safety Equipment: For Code Enforcement Officer
I and II, City will provide four (4) uniform shirts, two (2)
pants and one (1) jacket at the time of hiring. City shall
replace a maximum of two (2) shirts and two (2) pants per
fiscal year and the replaced item shall be returned to the
City. The jacket shall be replaced as a result of normal wear
and as mutually agreed upon. City shall reimburse employee
2001 MOA Update 9/5/01 0-0041
22
for dry cleaning for two shirts and two pants per week, with
cost not to exceed the usual. and customary rate at a total
cost not to exceed $200.00 per fiscal year. Any tailoring
costs shall be borne by the employee.
For the Pub P I ise /Ispeet -- Maintenance
Supervisor, Senior Maintenance Worker, Vector /Animal Control
Specialist, Vector /Animal Control Technician and Maintenance
Worker I, and —II, and III classifications, City shall
provide /replace /repair one (1) or more pairs of City approved
safety shoes (boots) for each employee at a combined cost not
to exceed $200.00 per employee for each fiscal year. The
purchase /replacement /repair shall be pre- approved by the
Department Head and shall be done on a reimbursement basis or
paid directly to the vendor as mutually agreed upon. An
approved reimbursement shall be made within thirty (30) days
of City's receipt of appropriate documentation including but
not limited to a receipt.
43. Maintenance Worker 1- position incumbents as of July 1, 1999,
whose current assignments as determined by the City Manager
require one or more of the above referenced certificates or
licenses, and who obtain such by December 31, 1999, shall upon
submittal of verification that said certifications or license
have been obtained, receive one time compensation in the
amount of two hundred and fifty dollars ($250) paid with the
first payroll period beginning on or after January 1, 2000.
So long as they are still employed in the same position or
another position with the same requirements and have either
one or both of the
certificates and Class A or B driver's license, as determined
necessary by the City Manager as of December 31, 2000, 2001,
2002 and 2003, and said certificates and /or driver license
have been continuously valid for the prior twelve (12) months,
then the twe three current Maintenance Worker incumbents (as
of July 1, 1999) in the Parks
Divisien —o - the - e Moll n i #;r Se- es- Department shall receive
compensation in the amount of two hundred fifty ($250) with
the first payroll period beginning on or after January 1,
2001, 2002, 2003 and 2004. Local 998 agrees that the
requirement to obtain and continuously maintain one or both of
the certificates and Class A or B driver's license, as
2001 MOA Update 9/5/01 as
23 U VEY ubzz I
rte_
w
r:
43. Maintenance Worker 1- position incumbents as of July 1, 1999,
whose current assignments as determined by the City Manager
require one or more of the above referenced certificates or
licenses, and who obtain such by December 31, 1999, shall upon
submittal of verification that said certifications or license
have been obtained, receive one time compensation in the
amount of two hundred and fifty dollars ($250) paid with the
first payroll period beginning on or after January 1, 2000.
So long as they are still employed in the same position or
another position with the same requirements and have either
one or both of the
certificates and Class A or B driver's license, as determined
necessary by the City Manager as of December 31, 2000, 2001,
2002 and 2003, and said certificates and /or driver license
have been continuously valid for the prior twelve (12) months,
then the twe three current Maintenance Worker incumbents (as
of July 1, 1999) in the Parks
Divisien —o - the - e Moll n i #;r Se- es- Department shall receive
compensation in the amount of two hundred fifty ($250) with
the first payroll period beginning on or after January 1,
2001, 2002, 2003 and 2004. Local 998 agrees that the
requirement to obtain and continuously maintain one or both of
the certificates and Class A or B driver's license, as
2001 MOA Update 9/5/01 as
23 U VEY ubzz I
required above, shall become permanent requirements of the
Maintenance Worker X111 classification for new hires after
July 1, 1999 and january 1, 2000 fer the eurrent ineumbentsw,
and that the requirement shall also be applicable to an of
the three incumbents that may be subsequently promoted to a
Senior Maintenance Worker position in the - Community Services
Department. Out of pocket costs to obtain and maintain any of
the referenced required certificates and licenses shall be
borne by the City. An employee may not use these certificates
or licenses for purposes of remuneration without prior written
approval of the City Manager. Local 998 further agrees that
no additional compensation for these certificates and licenses
except as provided for in this agreement shall be sought in
any subsequent agreement. The City shall have no obligation
to meet and confer for any subsequent City Classification Plan
amendment to include the identified certificate and license
-& . Those regular part -time positions with budgeted hours at or
above thirteen hundred (1,300) hours, in which only one
employee is assigned at any one time as determined by the
City Manager at his /her sole discretion, shall be eligible to
earn vacation leave, sick leave and holiday pay on a pro -rata
basis. Two thousand eighty (2,080) hours shall be the
equivalent to one year of service for the purposes of
calculating the accrued vacation leave and sick leave. The
prorated pay for holidays shall be pursuant to the provisions
of Section 13.6 of the Personnel Rules. Employees eligible
per above shall also be eligible for prorated Bereavement
Leave consistent with the provisions of Section 13.8. This
2001 MOA Update 9/5/01
24 .I_
shall be applicable with the pay period beginning July 3,
1999, and is not retroactive as to length of service i.e.,
.eligible employees would earn vacation leave as if they are
newly hired regardless of how long they have been employed
with the City.
In addition to leave benefits described above, effective for
all regular part-time positions as of the pay period
beginning September 8, 2001, such employees will be eligible
for PERS retirement as described in Section 501, deferred
compensation as described in Section 604, and long-term and
.short-term disability insurance benefits as described in
.Section 701. No dental, vision, or life insurance premiums
.shall be paid for regular part-time employees, with the
exception of a regular part-time employee already provided
the same benefit as a full-time employee as of the effective
date of this Agreement, in which - case the City's contribution
for that employee shall be continued at the same level as
provided to full-time employees. The maximum premium that
will be paid for PERS medical insurance for regular part-time
employees - shall be as established by City Council adopted
.... ........... - -----
resolution (currently $16 per Resolution No. 97-1327), with
the exception of a regular part-time employee already
provided the same benefit as a full-time employee as of the
effective date of this Agreement, in which case the City's
contribution for that employee shall be continued at the same
employee
level provided to full-time employees. No dependent
insurance benefit contribution (pursuant to Section 701) or
in-lieu Payment (pursuant to Section 702) will be provided
for regular part-time employees, with the exception of a
regular _part-time_en 19Kee._already provided the same benefit
-- - - -----------
as a full-time employee as of the effective date of this
Agreement, in which case the amount the City will continue to
pay for dependent insurance or an in-lieu payment will be
prorated -based on the actual hours budgeted for the fiscal
year and the limits included in Section 702.
ARTICLE 15
CITY RIGHTS
The City retains, solely and exclusively, all rights, powers and
authority it had prior to this Agreement except those rights
specifically delegated by this Agreement. The City retains all of
its rights, power and authoritV with respect to general legislative
...... . . .... . ........... ------ - - - - ------------------ - - --- -
2001 MOA Update 9/5/01 25 0 0 01, 4 1-
matters and the management of the provision of municipal services and
the management of the work-'Yo'-'-r--c-e' ------ p-e--rforming those services. The City
continues to possess exclusively the rights listed below, plus all
other rights to which by law the City is entitled. These rights may
not be abridged or modified in any way, except by formal legislative
action by.___the City.-Co-u.n.c.i1--- ( -- i.e_ , resolution or ordinance) . The City
has the right and may exercise its discretion, including, but not
limited to the following areas:
1. To determine the mission of its constituent departments,
commissions and boards;
2. To set hours of work;
3. To set standards of service;
4. To direct employees, make assignments and require overtime work;
5. To take disciplinary action;
6. To relieve its employees from duty because of lack of work or
other legitimate reasons;
7. To determine the methods, means and personnel by which government
operations are to be conducted and whether services required by
the City shall be provided by City employees or provided pursuant
to contracts between -Citv and independent contractors, with the
agreement of the City to advise Local 998 with no less than two
(2) weeks written notice of consideration by the City Council of
a proposed action to contract for a service with an independent
contractor that would result in a layoff of one or more City
employees;
8. To determine the procedure and standards for selection for
employment, the content of job classifications, and the means and
E
methods of employee performance evaluations;
To determine when an emergency exists and to
M
Pj- - , .4- �
actions to ut c�rMo the City's mission in emergencies, - including
- ---------- --
recalling and deploying off -duty personnel and requiring that
employees work overtime;
10. To exercise control and discretion over its organization and
technology of performing its work;
11. To transfer or reass4, .__an employee to a lower classification
provided, for regular employees, appropriate due process is
afforded the regular em2loyee; and
12. To lay off employees by position as a result of: a material change
in duties, change in need, organization, or shortage of work or
funds in the..De artment or the City.
P . .. . ..........
ARTICLE 16
EMPLOYEE RIGHTS
Employees shall have the right to form, join and .participate in the
activities of employee organizations of their own choosing for the
purpose of representation on all matters of ..employer-employee
relations. Employees shall also have the right to refuse to join or
participate in the activities of emplovee oraanizations. Neither the
2001 MOA Update 9/5/01
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0- 004 0 - S,
City _.nor Local 998 shall hinder, interfere, intimidate, restrain,
discriminate, or coerce an employee for exercising any rights or
benefits 2rovided in this Agreement or law.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
between Local 998 and the City to • executed on 2001,
following ratification by the City Council on 2001.
ON BEHALF OF THE CITY:
ON BEHALF OF LOCAL 998:
Steven Kueny, City Manager
Robert Vodka, Chief
ATTEST: Spokesperson
Deborah S. Traffenstedt Barry Hammitt, Executive
City Clerk Director
John Casillas, President
Moorpark Chapter Local 998
Teresa Jones, Local 998 Unit
Representative
Mario Riley, Local 998
Elected Negotiator
C 0 41
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27