HomeMy WebLinkAboutAGENDA REPORT 2004 0707 CC REG ITEM 10QMOORPARK CITY COUNCIL
AGENDA REPORT
ITEM 10 • Q
�A,
-7 $Ooh
TO:
Honorable
City Council
FROM:
Deborah S.
Traffenstedt,
ATCM /City Clerk
DATE: July 2, 2004 (CC Meeting of 7/7/04)
SUBJECT: Consider 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. Several addendums to
that MOA were subsequently approved. A new one -year MOA is now
proposed for Fiscal Year 2004 -2005 as discussed below.
DISCUSSION
A new Memorandum of Agreement is now proposed, and editorial
corrections and new benefit language are identified in the attached
draft MOA through the use of legislative format amendments to the
prior MOA (all approved Addendums have been incorporated) . 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). In addition, some of the MOA
text deletions have been made because reference is made to a past
time period, or duplicate language is contained in the Personnel
Rules and is not required in the MOA. The more substantive
revisions to the MOA include the following:
• Section 503 - A new Section 503 was added pertaining to an
amendment to the City's Public Employees Retirement System
contract to add what is called an Optional Settlement 2 Death
Benefit, which allows the spouse of a deceased member, who was
eligible to retire for service at the time of death to elect to
receive a monthly allowance equal to the amount the member would
have received if he /she had retired for service on the date of
death and elected the highest monthly allowance a member can
leave a spouse. Staff's intent is to schedule the contract
amendment for Council action upon receipt of contract amendment
documents from PERS. The employer rate is estimated to increase
approximately 0.2 percent. 000419
Honorable City Council
July 7, 2004, Regular Meeting
Page 2
• Section 601 - A one (1) percent cost -of- living adjustment is
proposed, as is included in the proposed Salary Plan Resolution,
which is a separate agenda item scheduled for the July 7
meeting.
• Section 603 - Clarification language has been added regarding
how the deferred compensation payment is calculated. Medicare
contribution language has been deleted, as it is no longer
applicable to any competitive service employee.
• Section 604 - Language that is no longer applicable or redundant
has been deleted.
• Section 605 - Longevity pay is proposed to be increased, as
shown through the use of legislative format.
• Section 606 - Two Steps are proposed to be added to each
Salary Range of 2.5 percent each, for a total of 5 percent.
These additional Steps are included in the Draft Salary Plan
Resolution, included is a separate agenda item scheduled for the
July 7 meeting.
• Section 701 - This section was reorganized to more clearly
describe the different insurance benefits and the City's
contributions. No change to the City's contribution is proposed
for dental, life, vision, and disability insurance (100 percent
of the premiums for employee and eligible dependents (as
applicable) will continue to be paid by City). For medical
insurance, PERS medical insurance is proposed to continue to be
provided, with no change to the amount to be paid by City for
the time period of July 1 through December 31, 2004. As of
January 1 through June 30, 2005, a medical insurance cafeteria
plan is proposed to be created, with the City's total
contribution proposed to be limited to a maximum of $908.00, and
the maximum cash payment to an employee not to exceed $250.00,
if not used for payment of PERS medical insurance costs.
• Section 802 - Language was added to the Modified Work Schedule
(9/80) provisions to clarify provisions that were already being
consistently enforced.
• Section 803 - A new Annual Leave benefit is proposed that has
been addressed in Section 803.D of the MOA and is described in
greater detail in the draft Personnel Rules that are also on the
agenda for the July 7 meeting. Annual Leave is a combined
vacation and sick leave, and like vacation, may be fully cashed
out at the time of termination of employment. The accrual rates
are based on the full vacation accrual amount determined by
years of service, plus 48 hours, which equals 60 percent of the
previous sick leave accrual, plus the 16 hours previously
received as floating holidays (the floating holiday section of
the Personnel Rules is proposed to be deleted). All new full -
time and regular part -time employees, and current employees with
less than a specified number of sick leave hours, will be placed
on the annual leave system. Employees that meet the criteria
000420
Honorable City Council
July 7, 2004, Regular Meeting
Page 3
for retaining the separate vacation leave and sick leave
accruals will have the choice of retaining their current leave
accrual system. The intent is to eventually have all employees
on the annual leave system. Section 803.E of the MOA describes a
change in bereavement leave from three days to five days as
addressed in Section 13.9 of the Personnel Rules.
• Section 1004 - The lifetime maximum for tuition reimbursement is
proposed to be revised from $4,000 to $6,000.
• Section 1201 - Language was added to clarify when the City will
pay for a Union representative's time versus when the Union
representative will be required to conduct Union business on
their own time.
• Section 1402 - Code Enforcement /Compliance Officer uniform
language has been revised. Also, language that is no longer
applicable pertaining to payment for certifications and licenses
has been deleted.
• Section 1403 - Language was added to clarify regular part -time
employee benefits, consistent with what has been the current
practice for benefits and procedures, and consistent with other
negotiated changes to benefits.
• Article 17 - A new Article 17 was added to include no strike,
work stoppage, slow -down, picketing, etc., language.
Staff is requesting that the City Council approve a new MOA for the
time period from July 1, 2004, through June 30, 2005, and authorize
the City Manager to sign the MOA with the final language to be
approved by the City Manager and City Attorney.
STAFF RECOMMENDATION
Authorize approval of a new one -year MOA for the time
July 1, 2004, through June 30, 2005, and authorize the
to sign the new MOA following final language approval
Manager and City Attorney.
Attachment: Draft MOA
period from
City Manager
by the City
000421
MEMORANDUM OF AGREEMENT
ARTICLE 1
TERM
Sec. 101 TERM: This - Meffteranduffi - e= Ag3- eement is effective frem Ei
o f ; ; en -b by laet=h - i e—efftp l-e g e e s an el the G i t y -r' e-uneiz
up t-e and el�idinq Hidnight -, jitne 30, 22904. This
Memorandum of Agreement (hereinafter referred to as
"Agreement ") by and between the City of Moorpark and
Service Employees International Union AFL -CIO, CLC, Local
998 (hereinafter referred to as Local 998) shall be
effective from July 1, 2004, up to and including Midnight,
June 30, 2005, and thereafter shall continue in effect
year -by -year unless one of the parties notifies the other
in writing no later than June 1, 2005, of its request _to
modify, amend or terminate this Agreement, or no later than
June 1st of anv vear after 2005.
Sec. 102 SUCCESSOR AGREEMENT: in the even4�� the Ser-viee
Tni-er a+; vnaz v nlez TFT n -rz Tn , �, eeal 998 (h cera-f
c' r
r^c ±= i= e a ce- as Leeal -9 9 8 ) --de s 3i=e ° te Te g c= rcrce- a-si_ic e e l s of
i it- shall pr-eviele te -+-he
r n
inelueling e—lA , 2004 its wr i= ten i=e q�i e s t I---
chi hTrcr� �P
nege:t.iatiens as well l
sueh --- sueeser- Meffte±=anduffi - -ef AgreefRenm —(her- f te-r-
referEed to asAgreefftent). In the event Local 998 desires
to negotiate a successor Agreement, it shall provide to the
City Manager, during period of March 1, 2005, through June
1, 2005, or March 1 through June 1 of any year after 2005,
its written request to modify, amend or terminate the
Agreement and written proposals for such successor
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 supersedes any and all prior
Memorandums of Agreement with Local 998, including addendums.
1
2004 -4 MOA Update 9/5,817/1/04
000422
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 part -time positions in the following job classifications and
bargaining units:
GENERAL UNIT:
Account Clerk I and II
Account Technician I and II
Administrative Secretary
Administrative Services Technician
Associate Planner
Assistant Planner
Clerk Typist
Code Enforcement Officer I and II
Community Services Technician
Deputy City Clerk I
Maintenance Worker I, II, and III
Planning Technician I and II
Receptionist
Records Clerk
Recreation Coordinator I
Secretary I and II
Senior Maintenance Worker
Teen Coordinator
Vector /Animal Control Technician
SUPERVISORY /CONFIDENTIAL UNIT:
Crossing Guard Supervisor
Deputy City Clerk II
Executive Secretary
Human Resources Analyst
Human Resources Assistant
Maintenance Supervisor
Recreation Coordinator II
Recreation Supervisor
Senior Center Coordinator
Senior Planner
Vector /Animal Control Specialist
2004-4 MOA Update 3/3,1817/1/04 2
000423
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 age 55 CalPERS retirement
benefit;
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 a7&if 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.
Sec. 503 PRE - RETIREMENT OPTIONAL SETTLEMENT 2 DEATH BENEFIT
(Government Code Section 21548): City agrees to amend
its PERS contract to add this optional settlement 2 death
benefit, and to schedule the initial City Council adoption
action within one month of receiving contract amendment
documents from PERS.
ARTICLE 6
SALARY PLAN AND COMPENSATION
See. 601 SALARY ADJUSTMENTS! The G�:�y affiFees t-e J
elasses in the -
J
y i
7
200-14 MOA Update 9,15,1017 /1/04 3
000424
Effective with the first payroll beginning after July
1, 2004, the City agrees to adjust wades of classes in
the bargaining units covered by this Agreement by a
one percent (1%) cost -of- living adjustment.
Those classifications with the "EX" notation are exempt from the
payment of overtime except as provided for in Section 902 B.
2001-4 MOA Update 9,15,1817/1/04
000425
hill
SIMON
• •
UIZAMMONSM
MM
Effective with the first payroll beginning after July
1, 2004, the City agrees to adjust wades of classes in
the bargaining units covered by this Agreement by a
one percent (1%) cost -of- living adjustment.
Those classifications with the "EX" notation are exempt from the
payment of overtime except as provided for in Section 902 B.
2001-4 MOA Update 9,15,1817/1/04
000425
hill
Effective with the first payroll beginning after July
1, 2004, the City agrees to adjust wades of classes in
the bargaining units covered by this Agreement by a
one percent (1%) cost -of- living adjustment.
Those classifications with the "EX" notation are exempt from the
payment of overtime except as provided for in Section 902 B.
2001-4 MOA Update 9,15,1817/1/04
000425
SIMON
Effective with the first payroll beginning after July
1, 2004, the City agrees to adjust wades of classes in
the bargaining units covered by this Agreement by a
one percent (1%) cost -of- living adjustment.
Those classifications with the "EX" notation are exempt from the
payment of overtime except as provided for in Section 902 B.
2001-4 MOA Update 9,15,1817/1/04
000425
Sec. 602
Classification
Account Clerk I and II
Account Technician I and II
Administrative Secretary
Administrative Services Technician
Assistant Planner
Associate Planner
Clerk Typist
Code Enforcement Officer I and II
Community Services Technician
Crossing Guard Supervisor
Deputy City Clerk I & II
Executive Secretary
Human Resources Analyst
Human Resources Assistant
Finance Officer "EX"
Senior Maintenance Worker
Maintenance Supervisor
Maintenance Worker I, II, and III
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"
Vector /Animal Control Specialist
Vector /Animal Control Technician
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, only 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. 6043 DEFERRED COMPENSATION CONTRIBUTION: City
shall pay two percent (2.0%) of a regular employee's base
salary (excluding bilingual pay, in -lieu insurance
20014 MOA Update 9/15,101-7 /1/04 5
000426
payments, uniform clean.ing allowance, overtime pay, and
deferred compensation payment, and including longevity pay)
into a City approved deferred compensation program, if and
when the employee is enrolled in one of the City's
participating deferred compensation programs. A regular,
competitive service employee on an unpa
-i--- ......__d leave of absence
- -- .......... . ....
-- - ...--- - -._..
will not receive a deferred compensation Pavment.
Sec. 6054 BILINGUAL PAY:
duly 20-GI, tThe City shall continue to pay verbal bilingual
compensation for translation skills for regular full -time
and part -time employees at the rate of thirty cents ($.30)
per hour for all hours actually worked, including vacations
leave, annual leave, City holidays, and sick leave, but not
for disability leave or other unpaid leave, for up to forty
(40) hours per week 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.
Effeetive wi:�h the first - - 92,
The City shall pay bilingual compensation for combined
verbal an /— written translation skills for those regular
employees in City Manager 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 full -Mime employees in
designated positions will be forty cents ($.40) per hour
for all hours actually worked, including vacation-& leave,
annual leave, City holidays, and sick leave, but not for
disability leave or other unpaid leave, for up to forty
(40) hours per week. The City Manager shall designate
positions eligible for combined verbal / —and— written
translation skills without any requirement to meet and
confer.
6
2004 MOA Update 9,15,1817/1/04
000-1127
- -
- -
- �-
111 WMMMIZ.
Sec. 6054 BILINGUAL PAY:
duly 20-GI, tThe City shall continue to pay verbal bilingual
compensation for translation skills for regular full -time
and part -time employees at the rate of thirty cents ($.30)
per hour for all hours actually worked, including vacations
leave, annual leave, City holidays, and sick leave, but not
for disability leave or other unpaid leave, for up to forty
(40) hours per week 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.
Effeetive wi:�h the first - - 92,
The City shall pay bilingual compensation for combined
verbal an /— written translation skills for those regular
employees in City Manager 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 full -Mime employees in
designated positions will be forty cents ($.40) per hour
for all hours actually worked, including vacation-& leave,
annual leave, City holidays, and sick leave, but not for
disability leave or other unpaid leave, for up to forty
(40) hours per week. The City Manager shall designate
positions eligible for combined verbal / —and— written
translation skills without any requirement to meet and
confer.
6
2004 MOA Update 9,15,1817/1/04
000-1127
ON
VA
Qualification for 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. An euEEent- employee 4hired
prior to July 1, 20014-, may decline to take the
verbal /written or verbal -only bilingual tests; however,
bilingual pay for that employee would cease beginning with
the pay period following the annual test date. An employee
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
6.1 of the Personnel Rules.
Sec. 6065 LONGEVITY PAY: Effeetive with the fii=st payicell pei=± n
Mdly -0003, Regular full -time and part -time employees that
have completed ten (10) full years of service with the City
shall be entitled to longevity pay benefits to be paid each
pay period based on the gross base salary for that pay
period, 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 employee is not on
unpaid leave. Longevity pay shall be calculated based en
ors of serviee-as follows:
11 1-5 e aics -efc r— y i ee - e n e-rh a 1-f- -p eTe`c nt�S
6 -29 years e f s er-d±e e-- -ene -p er-eeiqm� -4 %
2// 1 er- Ikefe- years of serviee --e re -artei ene halms per— �-
121 to 180 Months of service - one - percent (1' -.)
181 to 240 Months of service - one and one -:half
percent (1.5 %)
241 to 300 Months of service - two percent (2.0:)
301 or more Months of service -- two and one -half
percent (2.5%)
Eligibility for longevity pay shall be considered annually,
following performance evaluation completion. Any longevity
pay granted pursuant to this Section, and based upon a
7
200-1-4 MOA Update 9{3,1017/1/04 0004 ZS
completed performance evaluation, shall be effective as of
the first day of the pay period in which the evaluation
anniversary date occurs. An unpaid Leave of absence,
which changes an anniversary date, shall riot be counted
towards eligibility for longevity pay. Regular part -time
employees must complete the same number of hours required
--.._..._...__..._..._..-------......... _._..__..._.... --
for a full -time employee to be eligible f.or_ longevity pay,
at a ratio determined by the actual number of hours worked,
including paid leave, with two thousand eighty (2,080)
hours equivalent to one (1) year of service.
Sec. 60g6 SALARY PLAN: The City agrees to add two Steps (2.5 percent
each for a total of 5 percent) to each Salary Range,
creating a new Salary Plan with thirteenfifteen (145) Steps
for each Salary Range to be effective with the first
payroll period beginning in July 1-2--, 2004.
ARTICLE 7
INSURANCE PROGRAMS
Sec. 701 PREMIUM PAYMENT:
A. Dental, Life, and Vision Insurance:
City shall continue to een-ti�aet fez its -ftedieal pr_�Vam
thr-eiagh the PERS Health Plan and pay 1000 of premiums
for full-time employee and eligible dependents' coverage
for the dental, andlife, and vision insurance programs.
City agrees to maintain generally the same level of dental,
life and vision insurance coverage
-- ......._.... -- - - - -- covera - e--, although the provider
..__.._.._....... -_..
and specific benefits may vary to some extent based on t`;
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1 My 1, 2004, through December 31, 2004 Medical
Insurance and Payment in Lieu of Dependent Coverage:
This section shall only be valid for the time period
from July 1, 2004, through December 31 2004, , and
shall terminate upon implementation of a cafeteria
medical insurance program on January 1, 2005. City
agrees to pall a maximum of $1,018 monthly medical
insurance - premium for employee and eligible
dependent(s). Payment in lieu of dependent coverage
for this time period shall be as follows:
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 . ...... .rovide this op;icn
--- . . ................. . ... . ................ ---- -- ..... ..........
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.
2. January 1, 2005, through June 30, 2005, Medical
Insurance Cafeteria Plan: This section shall be valid
beginning January 1, 2005, at which time a cafeteria
9
200-1-4 MOA Update 4/3-�&�7/1/04 0 00 430
plan will be implemented for medical insurance. The
City's contribution for each employee shall consist of
a medical insurance allowance of up to a maximum of
$908.00, which is intended to fully pay the family
rate for the lowest cost PERS medical insurance
Preferred Provider Organization (PPO) plan, and such
contribution shall be inclusive of the minimum PERS
medical insurance payment amount as specified in
Section 22825 of the Government Code ($48.40 in
calendar year 2005). The medical insurance cafeteria
plan contribution is intended to pay for rned..ca
insurance for the employee and eligible dependents;
however, an employee may convert up to a maximum of
$250.00 of the medical insurance cafeteria plan
allowance to cash or a deferred compensation payment
each month, if not used for payment of PERS medical
insurance costs for employee and /or eligible
depender ts. All medical insurance costs that e=eed
the City's maximum allowance shall be paid by the
employee through payroll deduction.
3. Disability Insurance: City will continue to pay 100
percent of the cost for long -term disability insurance
for employees. 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. Gity is net i=equiTed te ffteet-
and e e n f e in en said p l efftentatien- -e f p ievisien —e
shert t.zfft - disability ee—The City at its sole
discretion may elect to cancel such supplemental
short -term disability insurance at any time. City is
not required to meet and confer on its decision to
cancel supplemental short -term disability insurance.
f
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F e 4 i E "3 1 p e r t -i n n ef the n _l FR et ( e n e half o f tAct °
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10
200 -14 MOA Update 9/5/017 /1/04
000431
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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. 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 Gity -
- ,
e Ei . Gina ill -ee et
an etral3at-iran aft-eia 4mE (6) menths t-e 6eteEmine the eff et-
y , gen-ei=a l seL=viee -levels, and the
,
e�ist--,effieins will be s�ir-veyed pf-jei= Ice the l
The City is not required to meet and confer with Local 998
on any decision to continue or discontinue a 9/80
schedule. — the ,/80 seheeiidle is al -eweel -te eenti�i,,ie
after the ticial peiAeel, the rules shall be eensistent
the a n g= },, 7, peftaininEj e the — i-iale er-i e° in t r
_The City
Manager at his /her sole discretion, ray issue any
additional rules for the 9/80 schedule. ne! i. The
11
2004-4 MOA Update 9,15,1$17 /1/04 000432
City's retains the ability to cancel the 9/80 schedule at
any time at the City's sole discretion. City is not
required to meet and confer on its decision to cancel the
9/80 schedule or modify any rules pertaining to the 9/80
schedule.
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
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 off 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
y day, 40-hour week schedule. —bin e
trial Aerie ,C�Che Git y shall: allow emp
the stanelard -8- -h eid day, 40 h eidic week s eh e du l e. G �ee the
i ' ppeirieei eEmployees will not be allowed to
12
20014 MOA Update 9,15/017 /1/04 0 00 43 3
change from one schedule to another, unless approved by the
City Manager. At the time a regular, full -time position is
filled, a decision about the work schedule shall be made by
the City.
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 City Manager.
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 -Sei+i��Active Adult 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 /or Sunday may have a shift of up to 10 hours on those
days, so long as no other workday is less than 8 hours.
An unscheduled absence on a work day preceding or following
a scheduled 9/80 day off more than once in a 12 -month
period is considered excessive and shall be considered to
have an impact on the City's ability to fulfill the mission
of the City. An employee who is absent from work the
regular work day preceding or following a 9/80 scheduled
day off, without prior written authorization from the
supervisor or department head, shall not be allowed the . ................
of accumulated leave for such absence. The City Manager may
waive this provision if written documentation, such as but
not limited to a physician's certificate, is provided to
justify the unscheduled absence. The intent of this Rule
is that it is the responsibility of the employee to seek
the waiver.
Sec. 803 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, II, and III; Senior
Maintenance Worker; and Maintenance Supervisor
classifications, except for the Maintenance Worker I, II,
or III assigned to the Community Center and /or similar
facilities.
13
20014 MOA Update 9/5,1017/1/04 0 00434
B. The City has discretion to make occasional adjustments of
the work week, day or hours for the following list of
employees: Assistant Planner; Associate Planner; Code
Enforcement Officer I and II; Community Services
Technician; Crossing Guard Supervisor; Deputy City Clerk I
and II; Human Resources Analyst; Human Resources Assistant;
Maintenance Worker I, II, and III; Maintenance Supervisor;
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 shall be compensated in
accordance with Section 4.12 of the Personnel Rules. The
City will include a reference in the specified job
classifications relating to the occasional need to adjust
the work week, work day or hours to serve the interest of
the Citv's operation and mission.
C. 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.
EM I
oll
NM
14
20014 MOA Update 9F5,1017/1/04
D. Annual Leave:
1. Effective with the first pay period in July 2004, all
full -time competitive service employees with less than
ten years of service and with ten or more years of
service but less than 240 hours of accumulated sick
leave, and all regular part -time staff with less than
ten years of service and 200 hours of accumulated sick
leave, will have their current, separate accumulated
vacation and sick leave converted to a combined annual
leave as addressed in Section 13.5 of the Personnel
Rules. All future competitive service employees will
accrue annual leave versus separate vacation and sick
leave accruals. Employees that have ten or more
years of service and the required minimum number of
hours of accumulated sick leave may elect by the first-
pay period in July 2004 to maintain their cu.r...rent
system of separate vacation and sick leave accruals,
but cannot then chancre to annual leave in the future.
2. For employees on both the separate vacation and sick
leave accruals system and the new annual leave system,
the two, 8 -hour floating holidays will be converted to
16 hours of vacation or annual leave and all reference
to floating holidays will be deleted from the
Personnel Rules.
E. Bereavement Leave: Bereavement Leave will be increased
from three (3) days to five (5) days as addressed in
Section 13.9 of the Personnel Rules.
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, observed holidays, and pre- approved vacation
tiFfteleave and annual leaveebser-ved h_'_i ys, 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:
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 and 903 herein.
15
20014 MOA Update X17/1/04 0 0,�1� *�
3 1.1 � a� 6
B. 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
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 aeei=ueQaccumulated 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
accumulated Administrative Leave based upon their
then regular rate of pay.
C. 1. 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
20014 MOA Update 7/1/04 16
00043'7
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.
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 head.
B. Notification of the need for overtime shall generally be
provided to affected employees at least one (1) hour 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 apply 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 803 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.
17
2004 MOA Update 9,15,1817/1/04 0004-13 8
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.
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
18
20014 MOA Update X `� 17 /1/04 V ®0 43 9
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 1000
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 Fe:rSix Thousand Dollars ($46,000) in accordance
with the provisions of this Article. 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
following costs
In terms of both time and money, the
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
19
20014 MOA Update 9,15,1917/1/04
000440
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,
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
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
last 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 (750) 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
20
20014 MOA Update 917/l/04
000441
Sec. 1101
City service as a result of a service retirement under the
City's retirement program or is dismissed from City
service.
ARTICLE 11
HOLIDAYS
PAID ASSIGNED HOLIDAYS:
1. New Year's Day, January 1;
2. Martin Luther King's Birthday, the third Monday in
January;
3. 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;
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 and either July 3 or July 5 as follows:
a) July 3 - Eight hours if this date falls on
Monday;
b) July 5 - Eight hours if this date falls on a
Friday;
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. December 31 as follows: Eight hours if this date falls
on a Monday.
14. 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 6.a. (July 3) and 6.b. (July 5), 12.
(December 24), 13. (December 31), or 14., 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 6.a. (July 3) and 6.b. (July 5), 12. (December 24),
13. (December 31), or 14., above, if a paid assigned
holiday falls on a Sunday, the following Monday shall be
21
200 -14 MOA Update 9,15,1017/1/04
0 0044ti
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.
The Cesar Chavez, July 3, July 5 and December 31 holidays
are subject to the revised holiday pay language in Sections
1102 and 1103.
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 %z) times their then regular rate of pay. Any full -time
employee, who's 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,
July 3, July 5, or December 31 holidays 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 the referenced holidays, not to exceed eight
(8) hours. Any hours worked in excess of eight (8) hours
on the Cesar Chavez, July 3, July 5, and December 31
holidays shall be paid in cash at two and one -half (2)
times the employee's regular rate of pay.
001M
o •
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 %z) times their then regular rate of pay. Any full -time
employee, who's 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,
July 3, July 5, or December 31 holidays 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 the referenced holidays, not to exceed eight
(8) hours. Any hours worked in excess of eight (8) hours
on the Cesar Chavez, July 3, July 5, and December 31
holidays 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 on a pro rata basis, receiving pay
22
20014 MOA Update 9,15,1917/1/04 000443
- -
-
-
-
-
•
IM
Sec. 1103 HOLIDAY POLICY FOR REGULAR PART -TIME EMPLOYEES: Employees
whose regular schedule is less than full time shall
receive holiday credit on a pro rata basis, receiving pay
22
20014 MOA Update 9,15,1917/1/04 000443
or vacation based on their regular scheduled hours for the
fiscal year.
Regular part -time employees required to work on the Cesar
Chavez, July 3, July 5, and December 31 holidays 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 on their own time
(including but not limited to discipline - related
- -- -- _ —.__...___.. _...------ .....................
meetings), except for time spent in negotiations or formal..
grievance related meetings with the designated City
representative, or City- initiated investigatory
interviews, and may request approval of use 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 representative
attendance at a formal grievance related meeting with the
City Manager, aid for Local 998 unit representative
attendance at negotiation meetings with the designated
City representative, and for a City - initiated
investigatory interview.
Sec. 1202 UNIT REPRESENTATIVE: Local 998 may designate a unit
representative in each bargaining unit to represent those
23
2004-4 MOA Update 9{5,/017 /1/04 000444
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 formal.
Grievance Procedure, and the City shall grant the
representative and the employee up to a maximum of two
hours of City -paid time 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
pay, with prior supervisor approval.
Sec. 1203 INTERDEPARTMENTAL MESSENGER SERVICE (BROWN MAIL) : The
County's interdepartmental messenger service (brown mail)
may be 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.
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.
24
2004 MOA Update 917 /1/04
000445
ARTICLE 13
MAINTENANCE OF EXISTING CONDITIONS
Sec. 1301 Excluding Moorpark Administrative Procedures (M.A.P.'s),
which may be established or changed without the need to
meet and confer, personnel policies and procedures of the
City, to the extent that they constitute wages, hours and
terms and conditions of employment, 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:
Sec. 1401 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.
Sec. 1402 Uniforms and Safety Equipment:
A. Fe r Code Enforcement /Compliance Officer I and II Uniform, —:
City will provide feiaicsix (46) uniform shirts, twethree
(�3) pants and one (1) jacket at the time of hiring. City
shall replace
per fis-eal year and theTepeeed itefa shall be returneei to
the —Gity— The —the shirts and pants shU11 , i ' be
3JV
as a result of normal wear, and as mutually agreed upon,
but such replacement shall not exceed twelve (12) shirts
and nine (9) pairs of washable uniform pants annually, and
shall replace the jacket as needed. The employee shall be
provided with a uniform cleaning allowance of $7.00 per pay
period beginning with the first pay period in July 2004 (on
or after July 9, 2004) for home laundering of shirts and
pants.
twT-e— srhii=Cs —and t we pants per week, with - est net to eHeeed
the dsual and — eust6ffiary rate at crimetal —eest net to emeeed
e— fiseal year. Any uniform tailoring costs shall
be borne by the employee.
25
20014 MOA Update 9,15,1017/l/04 000446
B. For the Maintenance Supervisor, Senior Maintenance Worker,
Vector /Animal Control Specialist, Vector /Animal Control
Technician and Maintenance Worker I, 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.
26
2004-4 MOA Update 9,15,1817/1/04 0 00447
Sec. 1403 Regular Part -Time Employee Benefits: 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
annual leave or if eligible vacation leave,and sick leave,
a-net holiday pay, jury duty pay, and bereavement leave on a
pro -rata basis. Twe- theusanel eighty --(2, 080)ireu - shaj! 47e
eal-eidlat-ing the- aeerded vaeatien leave and siekeave. The
prorated leave and compensation shall be
pursuant to the applicable provisions of Se-etien 13 -6 of
the Personnel Rules and City Council Salary Plan
Resolution. eligible - pei -abe e shall alse
ef- Seetien -13 - Employees ap oint ed to reaula`
part -time positions on or following July 3, 1999, shall not
receive a retroactive calculation as to length of service
for temporary part -time work, This shall -be- ieal)Ie -tn
t h e Ek --beg , r g iialy 3 !999,
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 as a temporary part -time employee.
In addition to leave benefits described above,
neq±nn±nq regular part -time
employees will be eligible for PERS retirement as described
in Section 501, deferred compensation as described in
Section 6043, 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 ef the T ee :L -ive date &-.-=E
s gireefRent prior to July 3, 1999, 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 and as
required by State law (eidrre -$16 per— Reselta en- Ne . 9
1322 ), with the exception of a regular part -time employee
already provided the same benefit as a full -time employee
as ef the effeetive date ef this prior to July 3,
1999, in which case the City's contribution for that
employee shall be continued at the same level provided to
full -time employees. No dependent insurance benefit
27
20014 MOA Update 9,15f017/l/04
000445
contribution (pui=suant -tee- eetien01or in -lieu payment
(pursuant to Section 701) will be provided for regular
part -time employees, with the exception of a regular part -
time employee already provided to safftea prorated benefit
as f,,, , t-; R eeffipleyee -as of the — effeet- ve date ef--t �
"(�N^^me„tprior to July 3, 1999, 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 701.
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 authority with respect to general legislative
matters and the management of the provision of municipal services and
the management of the work force performing 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 Council (i.e., resolution or ordinance). The City
28
20014 MOA Update 9,15,1017 /1/04
000449
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 City
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 methods of employee performance evaluations;
9. To determine when an emergency exists and to take all
necessary actions to carry out 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 reassign an employee to a lower
classification provided, for regular employees, appropriate
due process is afforded the regular employee; 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 Department or the City.
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 employee organizations. Neither the
City nor Local 998 shall hinder, interfere, intimidate, restrain,
discriminate, or coerce an employee for exercising any rights or
benefits provided in this Agreement or law.
2004 MOA Update 9,16,1017 /1/04 29
000450
ARTICLE 17
NO STRIKE, WORK STOPPAGE, OR RELATED
During the term of the MOA, employees agree there will be no strike,
work stoppage, slow-down, picketing including non-disruptive
informational picketing, or refusal or failure
to fully and
faithfully perform job functions and responsibilities, or other
................
interference with the operations of the City caused or sanct1on'--e-d--'- by _
Local 998, including compliance with the request of other labor
orcanizations to engage in such activity, and no lockouts shall be
made by the Citv.
20014 MOA Update 9,18,1017/1/04 30
000 451
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement between Local 998 and the City to be executed on ,
200 -14, following ratification by the City Council on
20G!July 7, 2004.
ON BEHALF OF THE CITY:
Steven Kueny, City Manager
ATTEST:
Deborah S. Traffenstedt
City Clerk
200 -14 MOA Update 9/3,1817/1/04 31
ON BEHALF OF LOCAL 998:
Robert Vodka, Chief
Spokesperson
Bry —�r�� Mark Pachowicz
Executive Director
John Casillas, President
Moorpark Chapter Local 998
Teresa Jones, Local 998 Unit
Representative
Mario Riley, Local 998
Elected Negotiator
000452