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HomeMy WebLinkAboutAGENDA REPORT 2004 0721 CC SPC ITEM 04AMOORPARK CITY COUNCIL AGENDA REPORT ITEM 4 • A. CITY OF MOORPARK, CALIFORNIA City Council Meeting ACTION: ' e ZZ EAQL_ Man TO: Honorable City Council FROM: Deborah S. Traffenstedt, ATCM /City Clerk cj G DATE: July 19, 2004 (CC Special Meeting of 7/21/04) SUBJECT: Consider Memorandum of Agreement (MOA) with Service Employees International Union AFL -CIO, CLC Local 998 BACKGROUND On July 7, 2004, the City Council deferred action on consideration of a new one -year Memorandum of Agreement (MOA) with Service Employees International Union AFL -CIO, CLC Local 998, which is replacing a five -year MOA that had a termination date of June 30, 2004. Since the July 7, 2004, meeting, additional negotiations have resulted in proposed revisions to the one -year MOA. A three percent (3 %) cost -of- living raise is now proposed with concurrence on conducting a salary survey that would be completed by December 31, 2004. (The previous draft MOA had included a one percent (1 %) cost - of- living raise with the addition of two steps to the salary ranges.) Other revisions include agreement to change the maximum cash -back for the proposed medical insurance cafeteria plan to $275.00 (was $250.00), and agreement to add a provision for cash out of fifty percent (50 %) of accumulated sick leave upon termination of employment after 180 months (15 years) of service. This sick leave cash -out provision would only apply to those long -term employees that remain on a separate sick leave and vacation leave accrual system as further discussed below for Sections 803.D. and 803.E. 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 prior 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 July 21 special 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: 000001- Honorable City Council July 21, 2004, Special Meeting Page 2 • 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 initial Council action on September 1, 2004. The employer rate is estimated to increase approximately 0.2 percent. • Section 601 - A three percent (3 %) 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 21 special 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 - As previously agreed, longevity pay is increased, as shown through the use of legislative format. • Section 606 - A salary survey will be conducted before December 31, 2004. • 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 (this is the current family rate for the lowest cost medical insurance preferred provider organization plan), and the maximum cash payment to an employee not to exceed $275.00, if not used for payment of PERS medical insurance costs. Language was also added to require that for employees electing to waive medical insurance coverage for employee and /or dependents, proof of alternative medical insurance coverage shall be provided at the time of open enrollment each year, and the employee shall certify he /she will continue such alternative coverage so long as he /she receives an in -lieu payment. 0000e2 Honorable City Council July 21, 2004, Special Meeting Page 3 • 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 Section 13.5 of the draft Personnel Rules that are also on the agenda for the July 21 special 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 (there is a maximum limit for both accumulated annual leave and vacation leave). The accrual rates are based on the full vacation accrual amount determined by years of service, plus 48 hours, which equals sixty percent (60 %) 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 ten years of service and 240 hours of accumulated sick leave, will be placed on the annual leave system. Employees that meet the criteria 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 allows a sick leave cash -out provision of fifty percent (50 %) at termination of employment after 15 years of service (applies only to those employees that remain on a sick leave and vacation leave accrual system). As previously agreed to, Section 803.F 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 - As previously agreed, the lifetime maximum for tuition reimbursement is revised from $4,000.00 to $6,000.00. • 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 000003 Honorable City Council July 21, 2004, Special Meeting Page 4 the City Manager to sign the MOA with the final language to be approved by the City Manager and City Attorney. STAFF RECODMNDATION Authorize approval of a new one -year MOA for the time period from July 1, 2004, through June 30, 2005, and authorize the City Manager to sign the new MOA following final language approval by the City Manager and City Attorney. Attachment: Draft MOA 000004 MEMORANDUM OF AGREEMENT ARTICLE 1 TERM Sec. 101 TERM: This -- meffteraneliam —ef Agreement= is effeet=ive frem d e•f ezh r- the —e — the- -Git` ,ap to —and including Midnight, Tune 30, 2004. 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 any year after 2005. Sec. 102 SUCCESSOR AGREEMENT: in lahc ^ ^r ` '7 he G e3 O�i Cpl ey ees 3s -ternwren- arUxien— AFL —C-16, PLC -; Leeal: 998 (hei=einaf MeffteiFa —ef Agreement, —shall pi- e- i-de —to the C-i-t -y Manager eingthe per -ied of May —1; 004 theiigh �d i nel:adi ng- -ji:ine-6 , 2004 its -=ter i t ep ee t— te— eefffftene e neget- iatiens aspwell as 14c-`' initial rrtten propesals 9� to as Agr-eexte nt-) . 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 supercedes any and all prior Memorandums of Agreement with Local 998, including addendums. 1 200-1-4 MOA Update '-17/1/04 0®004)5 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 200-1-4 MOA Update ^T- 5,10r7/1/04 2 000006 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 California Public Employees Retirement System (CalPERS) and maintain the current level of benefits during the term of this Agreement: Local Miscellaneous Member 2 percent (2 %) at age 55 CalPERS retirement benefit; Fourth Level of 1959 Survivor Benefits; and Section 20938 - Limit prior service to members employed on CalPERS contract date. Sec. 502 TWO -TIER RETIREMENT SYSTEM: The City may implement a two- tier retirement system a-&if provided for by CalPERS. 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 CalPERS contract to add this optional settlement 2 death benefit, and to schedule the initial City Council adoption action for September 1, 2004. ARTICLE 6 SALARY PLAN AND COMPENSATION Sec. 601 SALARY PLAN ADJUSTMENTS: Effective with the first payroll beginning after July 1, 2004, the City agrees to adjust wages of classes in the bargaining units covered by this Agreement by a three percent (3 %) cost -of- living adjustment. 20014 MOA Update 9,15,10-17/1/04 3 00004.x'7 Sec. 602 OVERTIME EXEMPT: 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 20C 4 NOA Update 9,15,1017/-1/04 0000 0p ° iw MI 01,11111 �—��Havoys urn WN MINI P. KIM MM Sec. 602 OVERTIME EXEMPT: 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 20C 4 NOA Update 9,15,1017/-1/04 0000 0p ° iw urn MINI Sec. 602 OVERTIME EXEMPT: 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 20C 4 NOA Update 9,15,1017/-1/04 0000 0p ° Account Technician I and II Administrative Secretary Administrative Services Technician Assistant Planner Associate Planner Clerk Typist Code Enforcement Officer I and IT 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 Sec. 60 -23 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. 604 DEFERRED COMPENSATION ONTRIBUTION: City shall pay two percent (2.0%) of a regular employee's base salary, including longevity pay (and excluding bilingual pay, in- lieu insurance payments, uniform cleaning allowance, overtime pay, and deferred compensation payment), into a City approved deferred compensation program, if and when the 5 200 =4 MOA Update °T- ,!7/1/04 ©00,009 employee is enrolled in one of the City's participating deferred compensation programs. A regular, competitive service employee on an unpaid leave of absence will not receive a deferred compensation payment. Sec. 605 BILINGUAL PAY: Effeet -i-�-e with firs-t-- payi�:ell pe3ied in duly 2091, 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 vacatione- 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. --The City shall pay bilingual compensation for combined verbal —and/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 / aTA written translation skills for regular full -time 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 /—ai­±�written translation skills without any requirement to meet and confer. 6 2C0-1-4 MOA update 919,1017/1/04 000010 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 eurrent 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 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. 606 LONGEVITY PAY: Effeeilzlve with the first. payrell peried in Tiny 2003, TRegular 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 years ef _ _�T-as follows: 11 15- years - ef- -s-ery i e e e re-half pe r ., «- (.S%) 6 29 years of sei=;�Fiee ene per-eent (1%) 21 ey Fftere yenr-s— efserviee ene- and half peEeent 4.5%) 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 ercent (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 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 not be counted towards eligibility for longevity pay. Regular part -time employees 7 20014 MOA Update '9, -^P17 /1/04 00O�11 must complete the same number of hours required for a full- time employee to be eligible for 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. 607 SALARY PLMSURVEY: The y— agrees te— add twe Steps --(2. 5 persent eaeh fer a tet-al of 5 pe eent) to —eeeh SalarRange, e reat i ng a new Salary Plan with thsrt=een (13 ) Steps €er -eaeh Salary -- Range —tie be— of€eetive wit's -the payrell periea beginning jdly 12, 2902.City agrees to use its best efforts to conduct a salary study and present said study to Local 998 by December 31, 2004. City agrees to consult with Local 998 concerning benchmark positions and agencies to be included in the study, but there is no requirement to meet and confer on any matters relating to preparation of the salary survey. City agrees to meet and confer with Local 998 on implementation of the salary survey. Should the results of the survey show that the current salary step for any employee in a represented position is outside of (greater than) the revised salary range, then the salary step for that employee shall remain the same (be y- rated) at the time of the next Salary Plan adoption by City Council. ARTICLE 7 INSURANCE PROGRAMS Sec. 701 PREMIUM PAYMENT: A. Dental, Life, and vision Insurance: City shall continue to een-tieaet fer its - ffteeieal preg-r -ate threngh t=he ERS Health -Plan and shall-pay 100% of premiums for full -time employee and eligible dependents' coverage for the dental, a-adlife, and vision insurance programs. City agrees to maintain generally the same level of dental, life and vision insurance coverage, although the provider and specific benefits may vary to some extent based on the package of benefits offered and approved provider network for dental and vision insurance. City is not required to meet and confer on its decision to change providers for dental, life, and /or vision insurance (including a change in the provider network) during the term of this Agreement, so long as the insurance coverage provided has generally the same level of benefits. 200 =4 MOA Update 9,15, '^ - 7 /1/04 B. Medical Insurance: dependeffts} —The City's obligation for medical insurance for fiscal year 2004 -2005 shall be limited as follows: 1. July 1, 2004, through December 31, 2004 Medical Insurance and Payment in Lieu of Dependent Coverage: This section shall onlv 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 pay a maximum of $1,018.00 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 $175.00 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 200-14 MOA Update 9,15,1017/11/04 000013 III p pi 1. July 1, 2004, through December 31, 2004 Medical Insurance and Payment in Lieu of Dependent Coverage: This section shall onlv 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 pay a maximum of $1,018.00 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 $175.00 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 200-14 MOA Update 9,15,1017/11/04 000013 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, except as is permitted by law. For employees electing to waive medical insurance coverage for employee and /or dependents, proof of alternative medical insurance coverage shall be Qrovided at the time of enrollment. 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 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 CalPERS medical insurance Preferred Provider Organization (PPO) plan, and such contribution shall be inclusive of the minimum CalPERS 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 medical insurance for the employee and eligible dependents; however, an employee may convert up to a maximum of $275.00 of the medical insurance cafeteria plan allowance to cash or a deferred compensation payment each month, if not used for payment of CalPERS medical insurance costs for employee and /or eligible dependents (hereinafter referred as in -lieu payment). For employees electing to waive medical insurance coverage for employee and /or dependents, proof of alternative medical insurance coverage shall be provided at the time of open enrollment each year, and the employee shall certify he /she will continue such alternative coverage so long as he /she receives an in- lieu payment. City agrees to provide this in -lieu payment 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 for insurance coverage and /or in -lieu payment that would begin January 1, 2005, he /she may not change their selected option until the next open enrollment date of the medical insurance plan, except as is permitted by law. All medical insurance costs that exceed the City's maximum allowance of $908.00 shall be paid by the employee through payroll deduction. 3. Disability Insurance: City will continue to pay one hundred percent (100 %) of the cost for long -term disability insurance for employees. The City at its sole discretion may elect to provide short -term 10 2004 -4 MOA Update - - 000014 disability insurance that is supplemental to State short -term disability insurance for regular employees working a minimum of 1,300 hours annually. -City is net reqdired ,-e e, d eenfer- -en said ifapleFftent=atien e fpnevi s i en-e f she rt= terfii disability i r, ranee —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. in the ease ef a husband f e3F the -City, tale€ and wife that Beth werc f ll: t4 ae 5 in lr ate will be -City -a-$17 entn- to the that=- paid dental: 0±'s±en, a�Z'Ca CL'enta : ee:ver- age - theme -aFe spetrse waives all: __tedieal ins e'e ee'veicage (etheic than tL• ;- their insuranee previded- ens e3lfften-t) Fe t}nder speuse's l the b_rf=-hda­y . r eeeiurring first -in emaF tp e— s p epee -mowith a be t=-he that wend -ewell their a ealendar year gPeuld fafftily in visien and dental ineiaranee all available ftediec-4, we ld waive all insuranee , anel =he etheic speu-e $175 FttaiEa: r in lieu 'Beverages eeyer ge-anel reeei e a Cet=al of —a payment xxxenthl. -- - - - - -- -- - - - -- - - - - -- - M.— in the ease ef a husband f e3F the -City, tale€ and wife that Beth werc f ll: t4 ae 5 in lr ate will be -City -a-$17 entn- to the that=- paid dental: 0±'s±en, a�Z'Ca CL'enta : ee:ver- age - theme -aFe spetrse waives all: __tedieal ins e'e ee'veicage (etheic than tL• ;- their insuranee previded- ens e3lfften-t) Fe t}nder speuse's l the b_rf=-hda­y . r eeeiurring first -in emaF tp e— s p epee -mowith a be t=-he that wend -ewell their a ealendar year gPeuld fafftily in visien and dental ineiaranee all available ftediec-4, we ld waive all insuranee , anel =he etheic speu-e $175 FttaiEa: r in lieu 'Beverages eeyer ge-anel reeei e a Cet=al of —a payment xxxenthl. 11 20014 MOA Update 9,- 5,40s7/1/04 000015 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 Cit-y agrees to implement a 9,/80 moo oLe:elc --sc- ed d l e—e €ee t i �=e - S epteffJbei= ? n n)':, €e non eight (8)-- tenurial peed. Git:y will eendire4E - eyalma t i e n a f t e E s i-if (6) ffierth stce decei=ffiine the -e f f eet -en empleyee-- preduefcivity, general se-rviee lego =elm, tee C' lien. Representedemaieyees,faanagement -and Gib &as teffte= s will: be sci=�eyedpr -i ei= t=ezhe C itc is-i-en . 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 9,180 s ehedn le iTal l ewed t=e eentinue -a-f tee the trial pe -ied; J he- =tries;ha3l: be eevent -wit=h the —lane pert in Tg to tie— tirial per -iec` in this seet=tenarn'r -any additional relies issued- by the The City Manager at his /her sole discretion, may issue any additional rules for the 9/80 schedule. ine ic±d n The City 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 12 200-14 MOA update 9,1S,1917 /1/04 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 day, 40 -hour week schedule. mange trial p e r i e d, 'Ehc C ij&y =- shall -a l l ew- eR+p 1 eyeest-e :Fefftaln - en the sv=andard 8 heiar day, 40 heal= week sehecdiale. Ones —c�2C bra=- eriad— stcts, eEmployees will not be allowed to 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 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 13 2003 -4 MOA update 9,15/0-17/1/04 00001'7 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 use 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. 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 City's operation and mission. 14 200 4 MOA Update - x'.7/1/04 000018 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. 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 current system of separate vacation and sick leave accruals, but cannot then change 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. 15 200 =4 MOA Update 1i7 /1/04 zw- I: c- M. -- - -- - -- - -- - - -- - - - -- - -- NOW 1111 W 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 current system of separate vacation and sick leave accruals, but cannot then change 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. 15 200 =4 MOA Update 1i7 /1/04 E. Sick Leave: Competitive Service employees that remain eligible to accrue sick leave, and have been employed with the City of Moorpark for more than 180 cumulative months of service (unpaid leave of absence time will be deducted), will be eligible to receive in cash payment fifty percent (50 %) of his /her sick leave balance, accumulated as of the effective date of voluntary or involuntary separation from service with the City of Moorpark for any reason other than if separated from service due to conviction of any misdemeanor concerning an act related to his /her official duties or moral turpitude or convicted of any felony. F. 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 timeleave and annual leaveebserved he ;d 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. 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 -t-4e 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 16 20014 MOA update 9,1S,1017 /1/04 00 002 0 responsibility of the employee to not permit the accrual to remain after June 30 of any fiscal year. If an employee has any aee.-;aedaccumulated 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 1., 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. 17 2004-4 MOA Update 9117/ =/04 000021 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 (Y2) 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 4602 of Article 46 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. 18 2004 MOA Update 91- 17/1/04 000022 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 one hundred percent (100 %) reimbursement of tuition for off -duty, job - related recognized courses up to a maximum of One Thousand, Two Hundred Dollars ($1,200.00) per fiscal year, and a 200-14 MOA Update 9,15,1917/1/04 19 000023 lifetime maximum of Feidr-Six Thousand Dollars ($46,000.00) 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: 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, 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 20 200=4 MOA Update 15,197/1/04 024 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 (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. 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. 21 20014 MOA Update 9n'9'17 /1/04 000025 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 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 22 200-4 MOA Update 9,15,19=7/1/04 000026 holiday shall be paid in cash at two and times their then regular rate of pay. employee, who's regularly scheduled day off assigned holiday and who is not required holiday, shall be credited with eight (8) hours for each such holiday. one-half ( 2 '/2) Any full -time falls on a paid to work on said vacation leave 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 '/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 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. Mosm NO - -- -- - -- - - - - - -- -- -- -- - 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 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. 23 2004=4 MOA Update 9,'5,'G17/1/04 (,x®0027 - -- -- - -- - - - - - -- -- -- -- - 23 2004=4 MOA Update 9,'5,'G17/1/04 (,x®0027 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, and 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 e employees in their submit to the City days following the to be updated on a ach bargaining unit to represent those respective units. Local 998 shall E list of unit representatives within 30 signing of this Agreement. The list is 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, annual leave, vacation timeleave, or leave without pay (when there is no accumulated compensatory time, annual leave_ or vacation_ leave) , 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 24 200?4 MOA Update9,1S,10r.7 /1/04 000028 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. 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: 25 200 -L4 MOA Jpdate 9,'S�017/ 1/04 000029 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. �e -Code Enforcement /Compliance Officer I and II Uniform,: City will provide feursix (46) uniform shirts, twethree (-;�3) pants and one (1) jacket at the time of hiring. City shall replace aRcaiE4:R%ffi ef -twe- (2) shirts and *ie s per meal year ands - ffirereplaceditear- shall be retuY red J-e she city. The the shirts and pantsjae4et shall c- Te=Qeed 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. r;ty s reiffibiarse - empleyee - €ems -dry eleaning €er twe shirt and to pai 3±tT per week, with ee s t —net —t e e3Eeeed t=he la ^, , a l an r1 e:asteftary- rate —a-t a- -tetal eest —aet te eiEeeec4 $290.00 per f1seal year. Any uniform tailoring costs shall be borne by the employee. 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. 26 200}4 MOA Update 9,15,1017 /1/04 0 0 0 V'a� 0 ll ® all 26 200}4 MOA Update 9,15,1017 /1/04 0 0 0 V'a� 0 ll ® 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, and holiday pay, jury duty pay, and bereavement leave on a pro- rata basis. ii,a =e- therrsaid eighty - - zreui� the eetri va lei -fie en e -year- e f s e i�i ee- €ems -the purpe s es e-f eale,crlating the aeeride��aeatien leave -and -siek leave. The prorated leave and pay - €-er he i dayscompensation shall be pursuant to the applicable provisions of Seetien 3.6 of the Personnel Rules and City Council Salary Plan Resolution. Empleyees- eligible per abeve shall also be- csigible— €ems p;eeicated B eieav eaten I,eave -eensi s t- ent with �c-he- previs i ems€ eet=ien -13-o. Employees appointed to regular 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 appl-ieabie with pay - peri-ed beginning Jaly -31999, -and is net-� :,Ietreaetii%as to length -ef service i.e., eligible employees would earn 27 200f4 MOA Update -5,1917 /1/04 0 0 3 ... - - 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, and holiday pay, jury duty pay, and bereavement leave on a pro- rata basis. ii,a =e- therrsaid eighty - - zreui� the eetri va lei -fie en e -year- e f s e i�i ee- €ems -the purpe s es e-f eale,crlating the aeeride��aeatien leave -and -siek leave. The prorated leave and pay - €-er he i dayscompensation shall be pursuant to the applicable provisions of Seetien 3.6 of the Personnel Rules and City Council Salary Plan Resolution. Empleyees- eligible per abeve shall also be- csigible— €ems p;eeicated B eieav eaten I,eave -eensi s t- ent with �c-he- previs i ems€ eet=ien -13-o. Employees appointed to regular 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 appl-ieabie with pay - peri-ed beginning Jaly -31999, -and is net-� :,Ietreaetii%as to length -ef service i.e., eligible employees would earn 27 200f4 MOA Update -5,1917 /1/04 0 0 3 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, beginning Se eaF -8, 2001 ueh- regular part -time employees will be eligible for Ca1PERS 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 of the effeetive- date - ef this - Agineefft 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 Ca1PERS medical insurance for regular part - time employees shall be as established by City Council adopted resolution and as required by State law(eiir~entl-y $16 per Reselutien - Ne. 97 9:327)-, with the exception of a regular part -time employee already provided the same benefit as a full -time employee as of the- effeetive date - ef-this Agre^-~cn*_--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 contribution (pars art to Seetien01) or 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 the samea prorated benefit as -a -€iall -time empleye« -ef the 2€ €eet-1e dates -ef this gy-ee ften'prior 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. 28 2004:4 MOA update 5,1017 /1/04 0000431 2 WMIMM 28 2004:4 MOA update 5,1017 /1/04 0000431 2 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 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 29 2004 -4 MOA Update 9,15TC)= 7/1/04 0000.313 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. 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 sanctioned by Local 998, including compliance with the request of other labor organizations to engage in such activity, and no lockouts shall be made by the Citv. 30 20014 MOA Update 9117/1/04 00004 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 E t-eff-ei= 5 200 1July 21, 2004. ON BEHALF OF THE CITY: Steven Kueny, City Manager ATTEST: Deborah S. Traffenstedt City Clerk 2004 MOA Update 9,19,1 C= 7/1/04 31 ON BEHALF OF LOCAL 998: Robert vodka, Chief Spokesperson Barry uamTM= ttMark Pachowicz, Executive Director John Casillas, President Moorpark Chapter Local 998 Teresa Jones, Local 998 Unit Representative Mario Riley, Local 998 Elected Negotiator 0000 5