HomeMy WebLinkAboutAGENDA REPORT 2005 0706 CC REG ITEM 10QITEM 1 0' Q.
CITY OF MOORPARK, CALIFORNIA
dIty t6unell Meeting
of
MOORPARK CITY COUNCIL gy;_
AGENDA REPORT
TO: Honorable City Council
D
FROM: Deborah S. Traffenstedt, Administrative Services Director
DATE: June 29, 2005 (CC Regular Meeting of 7/6/05)
SUBJECT: Consider One -Year Memorandum of Agreement (MOA) with
Service Employees International Union AFL -CIO, CLC Local
998
BACKGROUND AND DISCUSSION
The City's current Memorandum of Agreement (MOA) with Service
Employees International Union AFL -CIO, CLC Local 998, expires on
June 30, 2005. A new one -year MOA is proposed and a draft is
attached to this report. The revisions that vary from the current
agreement are shown through the use of legislative format. The
compensation related revisions are a 4.2 percent cost -of- living
raise (see Section 601 of MOA) along with implementation of a
salary survey that was completed in January 2005 (see Section 607
of MOA) . Only a minor adjustment is proposed for the medical
insurance language in Section 701B of the MOA to clarify the City's
intent to continue to pay the full family rate for the California
Public Employees Retirement System (PERS) lowest -cost Preferred
Provider Organization (PPO) medical insurance plan. Revised
Personnel Rules are included as a separate agenda item for the July
6 meeting and are consistent with the revised MOA. The cost -of-
living salary adjustments and salary study implementation will be
accomplished through an amended Salary Plan, also included as a
separate agenda item for the July 6 meeting.
Staff is requesting that the City Council approve the new MOA for
the time period from July 1, 2005, through June 30, 2006, and
authorize the City Manager to sign the MOA with the final language
to be approved by the City Manager and City Attorney. The Loca
998 letter of support will be provided under separate cover.
STAFF RECOMMENDATION
Authorize approval of a new one -year MOA for the time period from
July 1, 2005, through June 30, 2006, and authorize the City Manager
to sign the new MOA following final language approval by the City
Manager and City Attorney.
Attachment: Draft MOA for July 1, 2005 through June 30, 2006
000241
MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF MOORPARK AND
SERVICE EMPLOYEES INTERNATIONAL UNION
AFL -CIO, CLC, LOCAL 998
ARTICLE 1
TERM
Sec. 101 TERM: 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, 20045, up to and including Midnight,
June 30, 20046.
Sec. 102 SUCCESSOR AGREEMENT: In the event Local 998 desires to
negotiate a successor Agreement, it shall provide to the
City Manager, during period of March 1, 200 -6, through June
1, 200 -56, or March 1 through June 1 of any year after 200.(:,
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.
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.
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2005 MOA Update 7/1/05
000242
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 Assistant
Administrative Secretary
Administrative Specialist
T s t ra-�.-i y e S e r y i e•e -s–i e e- h p i e-�3n
Associate Planner
Assistant Planner I and II:
Clerk Typist
Code Etife ee;:Re `Com fiance Officer I and II
Community Services Technician
Deputy City Clerk I
Information Systems Technician
Maintenance Worker I, II, and III
Planning Technician I and 11
Receptionist
Records Clerk
Recreation Coordinator I
Secretary I and II
Senior Maintenance Worker
Teen Coordinator
Vector /Animal Control Technician
SUPERVISORY /CONFIDENTIAL UNIT:
r"1c-_ive Adult Center Coordinator
Crossing Guard Supervisor
Deputy City Clerk II
Executive Secretary
Human Resources Analyst
Human Resources Assistant
Maintenance Supervisor
Recreation Coordinator II
Recreation Supervisor
efts err Gnf,�er- - Geefdinat,ef-
Senior Account Technician
Senior Planner
Vector /Animal Control Specialist
ARTICLE 4
STAFFING AND CLASSIFICATIONS
CLASSIFICATIONS AND DUTIES:
The City shall employ workers within the
specific duties of their job descriptions and assign employees to
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2005 MOA Update 7/1/C5
000243
"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:
Section 20938 - Limit prior service to members employed on
CalPERS contract date;
Section 21354 - Local Miscellaneous Member 2 percent (20)
at age 55 CalPERS retirement benefit;
Se ion 21548 - Optional Pre - Retireent Se t ; emer ' deat -n
_ - -------- -
benefit;
Section 21574 - Fourth Level of 1959 Survivor Benefits; and
Section 21623.5 - $5,000 Retired Death Benefit.
Sec. 502 TWO -TIER RETIREMENT SYSTEM: The City may implement a two -
tier retirement system 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.
ARTICLE 6
SALARY PLAN AND COMPENSATION
Sec. 601 SALARY PLAN ADJUSTMENT: Effective with the first payroll
period beginning after July 1, 20045, the City agrees tc
adjust wages of classes in the bargaining units covered by
this Agreement by a thfeefour and two - tenths percent
cost -of- living adjustment.
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2005 MOA Update 7/:/05
000244
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 and 902.C.
Classification
Account Clerk I and II
Account Technician I and II
Active _Adult Center Ccord.i.n.at;or
Administrative Assistant
Administrative Secretary
Administrative Specialist
} c Tepehn
TI"S< TITfr�LCS"�t'���.7 eTv{-��TrT rCI.TI3- �rGTQIT
Assistant Planner I and II
Associate Planner
Clerk Typist
Code Fnf:n- ffienrtComplian_ce Officer I and II
Community Services Technician
Crossing Guard Supervisor
Deputy City Clerk I & II
Executive Secretary
Human Resources Analyst
Human Resources Assistant
2--inanee Gf-f iecr 11EX10
Senior Account Technician
Senior Maintenance Worker
Maintenance Supervisor
Maintenance Worker I, II, and III
Planning Technician i and !! I
Receptionist
Records Clerk
Recreation Coordinator I and II
Recreation Supervisor
Secretary I and II
Teen Coordinator
Senior Planner "EX"
Vector /Animal Control Specialist
Vector /Animal Control Technician
Sec. 603 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, and as described in Section 4.12.1 of the City's
Personnel Rules. 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.
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2005 MOA Update 7 /I /':5
n0024S
Sec. 604 DEFERRED COMPENSATION CONTRIBUTION: 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
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: The 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 ($.30) per hour for all hours actually worked,
including vacation leave, annual leave, City holidays, and
sick leave, but not for disability leave or other unpaid
leave, for up to forty (40) hours per week for those regular
employees with the demonstrated ability to effectively speak
and understand Spanish without any need to call upon another
Spanish- speaking employee to assist with translation.
The City shall pay bilingual compensation for combined
verbal /written translation skills for those regular
employees in City Manager designated positions with the
demonstrated ability to effectively speak, read, write, and
understand Spanish without any need to call upon another
Spanish- speaking employee or the use of a bilingual
translation software program to assist with the translation.
The rate for combined verbal /written translation skills for
regular full -time employees in designated positions will be
forty cents ($.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 /written translation skills without any requirement to
meet and confer.
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 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
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2005 MOA Update 7 /1/05
0002,46
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: 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 for the current evaluation year is at least at a
commendable (one level above satisfactory, 7.0 or higher
score) level and the employee is not on unpaid leave.
Eligibility for longevity pay shall be considered annually,
in conjunction with an annual performance evaluation. 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
anniversary date occurs. Longevity pay shall be
discontinued when an employee's overall average rating in an
annual performance evaluation is less than eeff�ffiefdai)tl Iess
than a 6.0 score, or if more than 6.0 but less than. a 7.0
score-)- for two consecutive annual performance evaluations.
The date the discontinuance of longevity pay shall be
effective is the first day of the pay period in which the
performance evaluation anniversary falls. Following
discontinuance, eligibility for longevity pay may be re-
established upon achievement of at least a 7.0 or higher
score on an annual performance evaluation. After the first
discontinuance of longevity a (whether it's a result of an
overall rating of less than a 6.0 score or a 7.0 score) ,
subsequent discontinuance shall occur at any time when ar.
employee's overall average rating in annual performance
evaluation is less than an overall average rating of 7.0.
Longevity pay shall be calculated as follows:
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 %)
An unpaid leave of absence, which changes an anniversary
date, shall not 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 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.
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2005 MOA Update 7/1/05
00024`7
Sec. 607 SALARY SURVEY: _ __
eend�:iet a salary stedy anel present- said study te �,eeal
. Gilcy agi=ee-q _ --
_ , .
::getil i— heiesalts of the siii= zey shew that &'e — eu±zi=e=?i-
rate ef pay fef that efnp_ eyee �
r
rr., -v- 'c'r e- l: .
City agrees to implement the January 28, 2005 Compensation
Study prepared by Personnel Concepts, Inc., with the first
payroll period beginning after July 8, 2005 as follows:
i Set Comoetitive Service salary ranges r-o !�a cr
M -arket Median as set forth in the January 28, 2005,
Compensation Studv; and
2. Com etitive Service employees tha- have a revise .c.,
higher salary range recommended in the January 28,
2005, Compensation Study_s_hall be assigned a salary
step within the revised salary ranee consistent
with the followina:
a. If the percent change recommendation is 2.5.
or less, the employee will be placed at a step
in the new range that is 2.5% higher than
their present step /range;
b. If the percent change is 2.60 -15°, the
employee will be placed at a step in the new
range that is 5.0% higher than their present
step /range;
C. If the percent change is 15.1% or higher, the
employee will be placed at a step in the new
ranqe that is 7.5% higher than their present
step /range.
d. Competitive Service employees hired after June
1, 2005, shall not receive an increase in
salary as a result of the Compensation Study
implementation in July 2005.
e. No employee will receive a salary step higher
than Step M (the top step in the range).
3. For. the _ one employee i.n the Re.ce tier,ist.
Classification, which will have a revised salary
range lower than the current salary__rai:ge "from
Ranae 39 to Rar.ge 31) the salami for -h t__emp y - -C-
7
2005 MOA Update 7/1/05
III - :
shall be "Y rated" consistent with the provisior:s
of Section 9.10 of the Personnel Rules.
ARTICLE 7
INSURANCE PROGRAMS
Sec. 701 PREMIUM PAYMENT:
A. Dental, Life, and Vision Insurance:
City shall continue to pay one hundred percent (100%) of
premiums for full -time employee and eligible dependents'
coverage for the dental, life, 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.
B. Medical Insurance:
The Gity's ebligatien fei- ftieeiiea insccfanee —rer _:._ G' l yea: -
200 shall b"c— sit=ed— asTerrewS
insuranee and Payment in
Lieu of
Dependent
c
Gaverage-
r
r
c
Ale the t _
..
this ept:ien is ehesen, the City will pay effipleyee e!te-
effipleyee -milHs ere dependent= fate feritedi e .' ,
dent.and . ef
€..en h,- if eFtipleyee eleer:s net- te eaver- al.! -ate
e:_miqei-w4ee eligible -s . if ep.. -1=
ei=.esen by an eliqible empleyee, the faediea! y ,
r:
eFftpleyee —ism eni-eli-ed in fef -his /heEewn eeyefa"�e T
8
2005 MOA Update 7/'_/C5
000249
januar July 1, 2005, through June 30, 20056, Medical
Insurance Cafeteria Plan: This se<Tiergs le e v- Ei
The ,City sha..i
continue a cafeteria plan will be _ ffip.le for
medical insurance. Be innin wit_ _he first_ f pa
period of July 2005, through December 31, 2005,rt:he
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 22892 et seq. of the Government Code ($48.40
in calendar year 2005). From January 1, 2006, through
June 30, 2006, the City's contribution for each
employee shall consist of a medical insurance
allowance of up to a maximum of the cost to fully pay
the family rate for the lowest -cost CalPERS medical
insurance PPO plan, but in no event less than $908.00,
and such contribution shall be inclusive of the
minimum CalPERS medical insurance payment amount as
specified in Section 22892 et seq. of the Government
Code ($64.60 in calendar year 2006). The medical
insurance cafeteria plan contribution in 2005 and
2006, as specified above, is intended to pay for
medical insurance for the employee and eligible
dependents,. hewever, -aA_n 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 to as in -lieu
payment) -, with the exception that an employee who
receives payment by the City for the full family rate
for the lowest -cost CalPERS medical insurance PPO plan
shall not receive any cash -back payment.. For employees
9
2005 MOA Update 7/1/05
000250
-
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januar July 1, 2005, through June 30, 20056, Medical
Insurance Cafeteria Plan: This se<Tiergs le e v- Ei
The ,City sha..i
continue a cafeteria plan will be _ ffip.le for
medical insurance. Be innin wit_ _he first_ f pa
period of July 2005, through December 31, 2005,rt:he
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 22892 et seq. of the Government Code ($48.40
in calendar year 2005). From January 1, 2006, through
June 30, 2006, the City's contribution for each
employee shall consist of a medical insurance
allowance of up to a maximum of the cost to fully pay
the family rate for the lowest -cost CalPERS medical
insurance PPO plan, but in no event less than $908.00,
and such contribution shall be inclusive of the
minimum CalPERS medical insurance payment amount as
specified in Section 22892 et seq. of the Government
Code ($64.60 in calendar year 2006). The medical
insurance cafeteria plan contribution in 2005 and
2006, as specified above, is intended to pay for
medical insurance for the employee and eligible
dependents,. hewever, -aA_n 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 to as in -lieu
payment) -, with the exception that an employee who
receives payment by the City for the full family rate
for the lowest -cost CalPERS medical insurance PPO plan
shall not receive any cash -back payment.. For employees
9
2005 MOA Update 7/1/05
000250
electing to waive medical insurance coverage for
themselves, 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 17-
2GGSof the calendar year, 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 for the calendar
year 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
disability insurance that is supplemental to State
short -term disability insurance for regular employees
working a minimum of 1,300 hours annually. 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.
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 City is not required to
meet and confer with Local 998 on any decision to continue
or discontinue a 9/80 schedule. The City Manager at
his /her sole discretion, may issue any additional rules for
the 9/80 schedule. The City retains the ability to cancel
the 9/80 schedule at any time at the City's sole
10
2005 MOA Update 7/1/05
000251.
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 leave, annual
leave, 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 or annual 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 annual
leave for each holiday, which occurs on that employee's off
day.
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,
annual 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. Employees 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
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2005 MOA Update 7 /1 /C5
000252
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
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: Active Adult Center Coordinator; Administrative
Specialist; Assistant Planner T and I; Associate Planner;
Code Jr ee•r^n'_Compliance 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 _ and !; ; Recreation
Coordinator I and II; Recreation Supervisor; SefiTfj= T
Gee=d nat.er; 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
12
2005 MOA Update 7/1/05
000253
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.
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.
first 4-.— Annual Leave and Vaeation Leave,
1. Efteetive with the 1i
.full time -e ems its- bye- seEvle e-emp lei e e s l *,- h a _.
ten years ef serviee and with ten or mere __ -e€
ser i e bet -less -than 24G hears of aeewmulaned
leave, and all regular part-time -staff ith less K:ten
sea years efirerW ee- ated 2OG hears -ef aee tfftu � ed -.
I teave, will have their earrens, separate
v a e ayie n and i e k leave - eenve=te d tee -- hined :":. }=3 I
leave as addressed in SeetTe*- 13 . 6 of tfief��'
Rules All future eempevivi ye seryNer emp iE ;.jees
a C-�1Lue- a?3nual leave versus separate yaeatiems: i -d sick
icmore- aef-fwa4s. Repieyees th, have •ye.': or
years - ef-- sefy±ee and she required ifN_�='r±tFKffi HH :leel er
pay peried - in July 2004 Ee - maintain -thelF e w>; -4 -
system of separate vaeati-en and --s -i ek Wave av aee f HM-+ -�-
but annec then ehange to annual leave =pt the fuynFio.
K e of e al —Pate : will be as se t—f e ": 'z-ci r- in
The —ma x i m ttif a e e etti f a he d a -n n H EN leave
Sreettep, W.b of the - Pe3senne! -iule. hereby =mec^r-Ti' <:
initial ter the as
ll
Gering the initial transivien perked
system, and ending with the -- -<
dated am -G e s e b e f 8, 0034,
appoeve t-e-fppefafy irtefea,,:,e ±H .:.. _.
aeteamulaved annual leave limit ter any fail
13
2005 MOA Update 7/i/05
000254
RM
2. _ the sepafatze _
af!Et Si
leave aeefeals system and tne new anneal le-ave
the t -we, -8 heei=— €leati-nq helidays will be
1-6 -zho urs e-r =v c?e seT6r -63" si-nt'-az rcc3 ve 3 CTEi 3--}!
_ _ e Ei f t_nA
refsef=t e 4riles .
F-,C. 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
(500) 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: B._eaveT =weave w-il; be =eased
of the Perge e1 -z es . Languacge w,411 be addea e! • cr
_3.9 of the Personnel Ru es to clarify that the " * r.a
may approve non- consecutive days of bereavement '_cave within
the same or two consecutive pav periods.
F. Grievance Procedure: Rule 15, Grievance Procedure for r..r:c
Per_sonne'L Rules shall be modified consistent with the
revised Personnel Rules adopted by the City Council on July
6, 2005. By September 30, 2005, the City Manager shall
approve a Moorpark Administrative Procedure or revise the
Injury and Illness Prevention Program so that any
Competitive Service employee may make a complaint of an
alleged violation of a commonly accepted safety practice or
procedure.
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
leave and annual leave, 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:
14
2005 MOA Update 7/1/05
000255
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.
GB. 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
15
2005 MOA Update 7/1/05
000256
WMNI
MINIBOOM
MIN-
GB. 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
15
2005 MOA Update 7/1/05
000256
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.
-PC. 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 602 of Article 6 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 REIMBURSEME NT
16
2005 MOA Update 7/1/15
00025'x'
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
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.
17
2005 MOA Update
000258
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 (1000 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
lifetime maximum of Six Thousand Dollars ($6,000.00) 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, vacation leave, annual leave, 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.
18
2005 MOA Update V /:/05
000259
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 tc
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 approval or denial of said
request within two weeks of receipt of the employee's
notice of intent to participate. An employee may file a
formal grievance consistent with Section 15.4 of the
Personnel Rules upon receipt of a written denial.
Failure of an employee to request prior written
approval from the Department Head prior to taking an off -
duty course twill result in ineligibility of costs for
reimbursement. If participation is approved, Aan 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 REIMURSEMENT 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 (250) 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.
19
2005 MOA Update "1/1/05
000260
Sec. 1101
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; or
b) Eight hours if this date falls on Monday; or
c) No hours if this date falls on Saturday or
Sunday; or
d) Four hours on Thursday, December 23 (due to
Friday, December 24, becoming the holiday in
accordance with the provisions set forth below)
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
NX
2005 MOA Update 7 /1 /,S
000261
holiday shall be the day on which the holiday actually
occurs. All assigned holidays shall be eight hours paid for
City employees, with the exception of Christmas Eve as
described above.
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 -�)
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 or
annual 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 or annual
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 4) times the employee's regular rate of pay.
A- an em
loyee's
revues ~., the City Planaaer
may ai, ve_
c Ina _ -ge in
re. ulcer
work
sere_ ule to h=er ^ii -
cz:: e_-!cl0ycc= --
worx on
a desi
nated
_ r
City hc_iday in exctian e fc:- -a . .
alternate
day off
within
the same work -week,
...
without holiday
pay __
Sec. 1103 HOLIDAY POLICY FOR REGULAR PART -TIME EMPLOYEES: Employees
whose regular schedule is less than full time
holiday credit on a pro -rata basis, receiving
leave based on their regular scheduled hours
year.
shall receive
pay or annual
for the fiscal
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 annual leave as credit for the holiday,
consistent with applicable provisions in the Personnel
Rules.
21
2005 MOA Update ?f =105
000262
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 leave, annual leave, 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 ' .
_ , except .s
authorized by this section for time spent in negotiations,
di_sci.pline related meetings, e-r formal grievance related
meetings with the designated City representative, or City -
initiated investigatory interviews., 13 H ti ffi'-t
a-pp:Ee v a=! e €—u use emp e n s a ee f y -turf- v a eerie:=
.. The
City will grant up to a maximum of one hour of City -paid
leave for representative attendance at a discipline - related
meeting per discipline incident. The City will grant up
two hours of City -paid leave for employee and
representative attendance at a formal grievance related
meeting with the City Manager or hearing officer, -; for
Local 998 unit representative attendance at negotiation
meetings with the designated City representative,, and for
a City- initiated investigatory interview. _Oc'al ?:>
of ::.E "S, e.l'E ?i.11t:.lye board members and unit. r presenta-_ v'i,
flunit stewards; may request a roval of use of- compen.sat cry
Li - e, vacation leave, annual leave, or leave w.Jt_ho ur ' i .
f all othe =_ -time _ spent- in _nego iar cns,
related meetings, formal grievance related mee r.cs, ar.ci
City—initiated investiqatory interviews that exceed -_te
City compensatory time agreed to by this section.
Sec. 1202 UNIT REPRESENTATIVE: Local 998 may designate a unit
representative
employees in
submit to the
days following
to be updated
in each bargaining unit to represent those
their respective units. Local 998 shall
City a list of unit representatives within 30
the signing of this Agreement. The list is
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
22
2005 MOA Update 7/-/05
000263
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 leave, 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) AND USE OF
CITY FACIMILE (FAX) MACHINE, COPIER, OR PRINTER: 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.
',.ity's FAX mach .ne may be used for business- „- ci
...... - .. . .......
- - -- - - - -- -
�,Lin :t on between employees wnJ arf� ? "ep FSF Lt.i:
--- -- _ _-- - -
�ocaL 998 and between the paid staff of Local 998 any, s is l:
- - --
em to ees rovided that the Cit 's established fees `or
-- �y - - - -. '-
sendinq a FAX and the standard_paper -- - - copy _charge `or
iec.eivi_n.q a FAX be paid b Local 998 or . the emE-''oy .:e
receiving such communication.
_Tse of the C_i_tys- copy maci-:Lnes or pr inters _ ^�r_r
subject to a merit of the City's estabLished fees
--- - --- -_ p a_y -- - - - - -- -- ' _
copies pursuant to the City Council Mi.sceLraneo -s ee
Schedule.
- -- - -- -- - - .........
-- - - -- _.. ._-- ..._._.... - -- -- ..
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.
23
2005 MOA Update �/1/10�1
000264
Sec. 1205 UNION SECURITY "AGENCY SHOP ": This article summarizes the
arrangement between
Shop as defined in
relating to public
the City and Local 998 concerning Agency
Section 3502.5 of the Government Code
employment.
Upon the execution date of the amendment to the Memorandum
of Agreement which incorporates the Agency Shop provisions
of Section 1205, all General Unit employees who choose not
to become members of Local 998 shall be required to pay to
Local 998 a representation service fee that represents such
employee's proportionate share of Local 998 cost of legally
authorized representation services, on behalf of the unit
employees in their relations with the City. Such
representation service fee shall in no event exceed the
regular periodic membership dues paid by General Unit
employees who are members of Local 998. General Unit
employees hired after the effective date of this agreement
shall be subject to its terms immediately after becoming an
employee of the City.
Any employee who is a member of a bona fide religion, body,
or sect that has historically held conscientious objections
to joining or financially supporting public employee
organizations shall not be required to join or financially
support Local 998 as a condition of employment. Upon
determination by the City Manager and the Local 998
Executive Director that an employee qualifies as a
conscientious objector, the employee shall be required, in
lieu of periodic dues or Agency Shop fee to pay sums equal
to the Agency Shop representation service fee to one of the
following nonreligious, nonlabor charitable funds exempt
from taxation under Section 501(c)(3) of the Internal
Revenue Code: Community Care Services of Moorpark, Moorpark
Community Services Center and Food Pantry, Moorpark /Simi
Valley Neighborhood for Learning, or United Way of Ventura
County. As a condition of continued exemption from the
requirement of financial support to Local 998, the employee
shall be required to have the charitable fund payments made
through payroll deduction.
As a condition of the Agency Shop arrangement, Local 998
shall keep an adequate itemized record of its financial
transactions and shall make available annually to the City
and to the employees who are members of Local 998, within 60
days after the end of its fiscal year, a detailed written
financial report thereof in the form of a balance sheet and
an operating statement, certified as to accuracy by its
president and treasurer or corresponding principal officer,
or by a certified public accountant. A copy of such
financial report shall be provided annually to the City
Manager, City of Moorpark, 799 Moorpark Avenue, Moorpark, CA
93021.
24
2005 MOA Update 7/1/05
000265
Local 998 shall make available to General Unit employees
required to pay an Agency Shop representation service fee
under this arrangement, at its expense, an escrow and
administration appeals procedure for challenging the amount
of the fee that complies with the requirements of applicable
law.
Local 998 herein agrees to fully indemnify the City and its
officers, employees, agents and contract staff against any
and all claims, proceedings and liability arising directly
indirectly, out of any actions taken or not taken by or on
behalf of the City under this Agency Shop arrangement and to
reimburse the City of its costs in defending against any
such claims, proceedings or liability.
The Agency Shop provisions of Section 1205 may be rescinded
by a majority vote of all the employees in the General Unit
represented by Local 998, provided that: (1) a request for
such a vote is supported by a petition containing the
signatures of at least 30 percent of the employees in the
General Unit; (2) the vote is by secret ballot; and (3) the
vote may be taken at any time during the term of the
Memorandum of Agreement, but in no event shall there be more
than one vote taken more frequently than once every twelve
months.
ARTICLE 13
MAINTENANCE OF EXISTING CONDITIONS
Sec. 1301 `
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. Moorpark Administrative Procedures (M.A.P.'s) may
be established or changed without the need to meet and
confer, wit ". the exce :lion that. for Cit y Manac e �o: ,✓ :i
A.=.'s, the City shall provide ten (10) days notice
all affected employees and designated Local 998
reL)resent_a_t.ives prior to implementation, except such
M.A.P.'s that the City Manager determines to require
immediate implementation.
ARTICLE 14
MISCELLANEOUS PROVISIONS
The following items are to be included in applicable rules, regulations
and policies:
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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. Code Enfefeem^ntCompliance Officer I and II Uniform: City
will provide six (6) uniform shirts, three (3) pants and one
(1) jacket at the time of hiring. City shall replace the
shirts and pants 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. 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 buy
not limited to a receipt.
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, holiday pay, jury duty pay, and bereavement leave on
a pro -rata basis. The prorated leave and compensation shall
be pursuant to the applicable provisions of the Personnel
Rules and City Council Salary Plan Resolution. Leave
accrual calculation shall be based on the date of
appointment to a regular part -time position with the City of
Moorpark, and may also include credit for any regular full -
time work for the City of Moorpark.
In addition to leave benefits described above, regular part -
time employees will be eligible for CalPERS retirement as
described in Section 501, deferred compensation as described
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2005 MOA Update 7/1/D`_
000267
in Section 603, 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 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, with the exception of a regular part -
time employee already provided the same benefit as a full -
time employee 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 (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 a prorated benefit 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.
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
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2005 MOA Update 7/1/0_
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 -paid
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 City.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement between Local 998 and the City to be executed on
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2005 MOA Update 7/1/05
000269
20045, following ratification by the City Council at a
=-regu ar meeting on July �k6, 20045.
ON BEHALF OF THE CITY:
Steven Kueny, City Manager
ATTEST:
Deborah S. Traffenstedt
City Clerk
29
ON BEHALF OF LOCAL 998:
Gilbert Gonzales, Member
Representative
David Kramer, Trustee
John Casillas, President
Moorpark Chapter Local 998
Teresa Jones, Local 998
Unit Representative
Mark Westerline, Local 998
Elected Negotiator
2005 MOA Update - 1 /! /0�
0002'70