HomeMy WebLinkAboutAGENDA REPORT 2021 0616 CCSA REG ITEM 09DCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of June 16, 2021
ACTION APPROVED STAFF
RECOMMENDATION. (VOICE VOTE:
UNANIMOUS).
BY B. Garza
D. Consider Memorandum of Understanding (MOU) with Service Employees
International Union (SEIU) Local 721 for Fiscal Years 2021-2022 and 2022-2023.
Staff Recommendation: Approve the new MOU with SEIU Local 721 for the period
from July 1, 2021, through June 30, 2023, subject to final language approval of the
City Manager, and authorize the City Manager to sign the new MOU. (Staff: PJ
Gagajena)
Item: 9.D.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: PJ Gagajena, Assistant City Manager
DATE: 06/16/2021 Regular Meeting
SUBJECT: Consider Memorandum of Understanding (MOU) with Service Employees
International Union (SEIU) Local 721 for Fiscal Years 2021-2022 and 2022-
2023
BACKGROUND AND DISCUSSION
The City's prior MOU with SEIU Local 721 was for a two-year term beginning July 1, 2018,
and ending June 30, 2020. Through a Side Letter of Agreement, it was extended for another
year from July 1, 2020, to June 30, 2021. A new two-year MOU for Fiscal Years 2021-2022
and 2022-2023 (July 1, 2021, to June 30, 2023) is now proposed, and the attached draft MOU
(see Attachment 1) shows the revisions in legislative format compared to the prior MOU
beginning July 1, 2018, and ending June 30, 2020. On June 14, 2021, staff received an email
from SEIU Local 721 confirming member ratification of the new MOU (see Attachment 2). If
the City Council concurs with the staff recommendation to approve the new MOU, the final
agreement will have the revisions accepted and the legislative format removed.
The following highlights some of the revisions to the MOU:
• Page 1, Section 102, Successor MOU – Section 102 has been revised to remove the
specific term dates so it does not have to be updated on every successor MOU.
Language has been added to grant up to four hours of City-paid leave each day for
Local 721 unit representatives to attend negotiation meetings with City representatives.
As a result, language only allowing two hours of City-paid leave for these activities has
been removed in Section 1201, Local 721 Rights.
• Page 1, Section 103, Preparation Time – A new Section 103 related to Preparation
Time has been added to grant up to four hours of City-paid leave each day for Local
721 unit representatives to prepare for negotiation meetings with City representatives.
• Pages 2-3, Article 3, Recognition – Article 3 has been revised to reflect the correct
classification title of “Landscape Maintenance Specialist” rather than “Maintenance
Specialist” as approved by the City Council on an amended Classification Plan on
September 9, 2020. This is also reflected in Section 803, Miscellaneous. The
classification series of Senior Account Technician I and II was also added as approved
by the City Council on an amended Classification Plan on November 4, 2020.
Item: 9.D.
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Page 2
• Page 4, Section 601, Salary Plan Adjustment – Section 601 of the MOU includes a
2.0% cost–of-living salary adjustment and a 2.0% one-time payment effective the first
full pay period commencing on or after July 1, 2021, and a 2.0% cost–of-living salary
adjustment effective the first full pay period commencing on or after July 1, 2022.
• Page 7, Section 701, Premium Payment – Section 701.B has been revised to reflect
the new term dates of the MOU for medical insurance coverage.
• Page 11, Section 803, Miscellaneous – Section 803.E has been revised to reflect the
new term dates of the MOU for cash out of Annual Leave.
• Page 14, Section 1004, Textbook and Tuition Reimbursement – Section 1004 has
been revised to increase the annual maximum tuition reimbursement from $1,200 to
$1,800 and increase the lifetime maximum from $6,000 to $10,000.
• Page 14, Section 1005, Costs not Covered – Section 1005 has been revised to
clarify that preparation courses for non-job related professional certifications do not
qualify for tuition reimbursement.
• Pages 19-20, Sections 1204 and 1205, Membership Union Dues Deduction, COPE
& Indemnification – Section 1204 has been revised to update language and
processes for dues deduction, voluntary contributions by employees to a Committee on
Political Education (COPE), and indemnification. Indemnity language in Section 1205
has been incorporated in Section 1204.
• Page 21, Section 1206, New Employee Orientation Access – Section 1206 has
been revised to allow Local 721 to conduct their portion of new employee orientation in
any City facility or virtual meeting rather than be restricted to only the City’s Community
Center.
• Page 22, Section 1402, Uniforms and Safety Equipment – Section 1402 has been
revised to increase the reimbursement cost for safety shoes from $200 to $250.
• Pages 26-27, Section 1406, Standard Premium Pay – Section 1406.I has been
revised to reflect the new Standby Premium Pay language in Section 4.12.2 of the
Personnel Rules that was adopted by a Side Letter of Agreement on April 8, 2020.
FISCAL IMPACT
Sufficient funding will be incorporated into the adopted Fiscal Year 2021-2022 Budget upon
approval of a revised Salary Plan Resolution and Budget Amendment to reflect the 2.0% cost-
of-living adjustment and one-time 2.0% payment for Competitive Service employees subject to
City Council approval of the MOU. The estimated costs for the 2.0% salary adjustment and
2.0% one-time payment are approximately $137,027 and $118,321, respectively, for Fiscal
Year 2021-2022. The 2.0% cost of living increase for Fiscal Year 2022-2023 will be
incorporated into an adopted Salary Plan Resolution and Budget in the following fiscal year.
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Page 3
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
Approve the new MOU with SEIU Local 721 for the period from July 1, 2021, through June 30,
2023, subject to City Manager final language approval, and authorize the City Manager to sign
the new MOU.
Attachment 1: Draft MOU showing revisions with legislative format
Attachment 2: Email from SEIU Local 721 dated June 14, 2021 (Attachment to be provided
by Supplement Report on June 14, 2021)
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF MOORPARK AND
SERVICE EMPLOYEES INTERNATIONAL UNION
CTW, CLC, LOCAL 721
ARTICLE 1
TERM
Sec. 101 TERM: This Memorandum of Understanding (hereinafter referred to as
"MOU") by and between the City of Moorpark and Service Employees
International Union CTW, CLC, Local 721 (hereinafter referred to as Local
721) shall be effective from July 1, 20182021, up to and including Midnight,
June 30, 20202023.
Sec. 102 SUCCESSOR MOU: For negotiation of a successor to the 2018-2020 MOU,
Local 721 shall provide to the City Manager during the period of March 1,
2020, through May 1, 2020, or March 1 through May 1 before expiration of
the MOUof any year after 2020, its written request to modify, amend, or
terminate the MOU and written proposals for such successor MOU. If the
Local 721 does not provide any such requests during the March 1, through
May 1 timeline, retroactive pay will not be considered for the successor
MOU.
The City will grant up to four hours of City-paid leave each day for Local 721
unit representative attendance at negotiation meetings with the designated
City representative (not to exceed two representatives for the General Unit
and one representative for the Supervisory/Confidential Unit).
Sec. 103 PREPARATION TIME: No less than 90 days prior to the expiration of this
MOU, SEIU shall notify the City of the three employee-members of the
committee. So that SEIU can better prepare to timely commence bargaining
over the terms of a successor MOU, between 90 and 30 days prior to
expiration of this MOU, the City shall release the three designated committee
members from active employment for four total hours on days to be
determined by SEIU. Each employee who on any such day would have
otherwise been actively engaged on the job shall be paid straight-time hours
as if s/he were, in fact, actively on the job.
ARTICLE 2
IMPLEMENTATION
This MOU constitutes a mutual recommendation to be jointly submitted to the Moorpark City
Council (hereinafter referred to as "City") and the Local 721. It is agreed that this MOU shall
not be binding upon the parties, either in whole or in part, unless and until approved by
Local 721 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 MOU is approved by
ATTACHMENT 1
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both parties. This MOU supersedes any and all prior Memorandums of Agreement with
Local 721, including addendums.
Local 721 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 MOU shall apply only to persons employed in regular full or part-time Competitive
Service positions in the following job classifications and bargaining units:
GENERAL UNIT:
Account Clerk I and II
Account Technician I and II
Administrative Assistant I and II
Associate Planner I and II
Assistant Planner
Code Compliance Technician I and II
Community Development Technician
Community Services Technician
Deputy City Clerk I
Facilities Technician
Information Systems Technician I and II
Irrigation Specialist
Laborer/Custodian IV
Landscape Maintenance Specialist
Maintenance Worker I, II, and Ill
Office Assistant I, II, and Ill
Planning Technician
Public Works Technician
Recreation Assistant I and II
Recreation Coordinator I
Recreation Leader IV
Senior Maintenance Worker
Teen Coordinator
Vector/Animal Control Technician I and II
SUPERVISORY/CONFIDENTIAL UNIT:
Active Adult Center Coordinator
Administrative Specialist
Crossing Guard Supervisor
Deputy City Clerk II
Executive Secretary
Human Resources Assistant
Human Resources Specialist
Recreation Coordinator II and Ill
Recreation Specialist
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Senior Account Technician I and II
Vector/Animal Control Specialist
ARTICLE 4
STAFFING AND CLASSIFICATIONS
CLASSIFICATIONS AND DUTIES: The City shall employ workers within the specific duties
of their job descriptions and assign employees to "related duties" only in the absence of
employees in full-time or part-time regular budgeted positions or in peak workload or
emergency situations.
ARTICLE 5
RETIREMENT
Sec. 501 CALPERS CLASSIC MEMBER RETIREMENT BENEFIT: For Competitive
Service employees defined by the California Public Employees Retirement
System (CalPERS) as a "Classic Member", the City shall pay the employee
CalPERS retirement contribution, not to exceed seven percent (7%) of base
salary and maintain the current level of benefits during the term of this MOU,
which includes the following:
Section 20938 - Limit prior service to members employed on
CalPERS contract date;
Section 21354 - Local Miscellaneous Member 2 percent (2%) at age
55 CalPERS retirement benefit;
Section 21548 - Optional Pre-Retirement Settlement 2 death benefit;
Section 21574 - Fourth Level of 1959 Survivor Benefits; and
Section 21623.5 - $5,000 Retired Death Benefit.
The City will continue to report the value of Employer Paid Member
Contributions (EPMC) to CalPERS as additional compensation for all City
employees that receive CalPERS Classic Member retirement benefits,
pursuant to Government Code Section 20636(c) and California Code of
Regulations Section 571(a)(1).
The City agrees that there shall be no other changes in this Article and that
the City agrees to continue to pay the Classic Member CalPERS retirement
contribution, not to exceed seven percent (7%) of base salary, during the
term of this MOU.
Sec. 502 CALPERS NEW MEMBER RETIREMENT BENEFIT: For new Competitive
Service employees hired by the City of Moorpark on or after January 1, 2013,
and defined by CalPERS as a "New Member", the CalPERS retirement
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benefit will comply with the requirements of Assembly Bill 340 approved by
the Governor on September 12, 2012 (Public Employees Pension Reform
Act), Government Code Sections 7522-7522.74, and as may be
subsequently amended.
Sec. 503 RETIREMENT HEALTH SAVINGS BENEFIT FOR EMPLOYEES HIRED
PRIOR TO JANUARY 1, 2014: This retirement benefit applies only to regular
full-time employees hired prior to January 1, 2014. For those employees
hired prior to January 1, 2014, who are eligible for the grandfathered
retirement health savings benefit described in this section, the benefit will be
paid at the time of voluntary separation from employment for retirement from
the City's retirement system (CalPERS), subject to years of service eligibility.
In order for a regular full-time employee hired prior to January 1, 2014, to be
eligible for the retirement health savings benefit, the employee must have
worked no less than 15 years (180 months) of cumulative service with the
City of Moorpark, to receive a payment of $75.00 for each full month of
service into the employee's 457 deferred compensation account and/or
retirement health savings plan account, and no less than 20 years (240
months) of cumulative service with the City of Moorpark, to receive a
payment of $100.00 for each full month of service into the employee's 457
deferred compensation account and/or retirement health savings plan
account. The payment would be made upon City verification of the submittal
of a CalPERS retirement application and following the eligible employee's
last day of employment with the City.
If the retiring employee elects to not participate in the City's voluntary
retirement health savings plan and has already reached the maximum
contribution limit for the year in their deferred compensation plan account,
including catch-up provision, he/she may elect to receive the retirement
health savings benefit payment in cash upon approval of the City Manager.
ARTICLE 6
SALARY PLAN AND COMPENSATION
Sec. 601 SALARY PLAN ADJUSTMENT: Effective with the pay period beginning July
7, 2018 and the paycheck dated July 27, 2018 Effective the first full pay
period commencing on or after July 1, 2021, the City agrees to adjust wages
of classes in the bargaining units covered by this MOU by a two percent
(2.0%) cost-of-living increase and issue a 2% one-time payment.
Effective with the paycheck dated July 26, 2019 Effective the first full pay
period commencing on or after July 1, 2022, the City agrees to adjust wages
of classes in the bargaining units covered by this MOU by a one two percent
(12.0%) cost-of-living increase. Should the City's Non-Competitive Service
employees receive a cost-of-living increase higher than one two percent
(12.0%) for Fiscal Year 2019-20202022-2023, the City agrees to adjust the
wages of classes in the bargaining units covered by this MOU by an
equivalent amount.
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Sec. 602 OVERTIME EXEMPT: There are no Local 721 represented positions that
are exempt from the payment of overtime.
Sec. 603 OFF-DUTY PHONE CALLS/TEXT MESSAGES: Employees who receive
work related telephone calls or text messages, including the time to make
related return telephone calls or text messages, before normal scheduled
work hours, after having left work at the end of their normal scheduled work
hours, and/or on weekends that are not normal scheduled work hours, and/or
on holidays, are entitled to pay for the time spent providing service on behalf
of the City. Such work for the City shall be compensated at the applicable
rate for all time actually worked in increments of one-quarter (1/4) hour each
time called or spent reading a text message and including time worked
making related return calls or responding to a text message, with the
exception that two or more calls or text messages placed within the same
15- minute time period would be compensated at the applicable rate for all
time actually worked in increments of one-quarter (1/4) hour. After pre-
approval of their supervisor, only employees who are required by the nature
of the call or text message 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 receiving and returning
telephone calls and text messages pursuant to this paragraph shall count as
part of the callback time.
Sec. 604 DEFERRED COMPENSATION CONTRIBUTION: City shall pay two percent
(2.0%) of a regular full-time 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 the payment for verbal bilingual
compensation for translation skills for regular full-time and part-time
employees at the rate of forty cents ($.40) per hour for all hours actually
worked, including annual leave and City holidays, 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 continue to
be fifty cents ($.50) per hour for all hours actually worked, including annual
leave and City holidays, but not for disability leave or other unpaid leave, for
up to forty (40) hours per week. The City Manager shall designate positions
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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 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 FOR EMPLOYEES HIRED PRIOR TO JANUARY 1,
2015: Regular full-time employees hired by the City of Moorpark prior to
January 1, 2015 will be eligible for longevity pay as a grandfathered benefit,
subject to reaching the required cumulative months of service as follows:
121 to 180 Months of service - one-percent (1.0%)
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%)
Any longevity pay granted pursuant to this Section, shall be effective as of
the first day of the pay period in which the anniversary date occurs. An
unpaid leave of absence, which changes an anniversary date, shall not be
counted towards eligibility for longevity pay.
Sec. 607 STANDBY PREMIUM PAY: Competitive Service employees who are placed
on standby duty to respond to emergencies shall be compensated $3.00 per
hour for a regular work day and $4.00 per hour for a non-regular work day
(holiday, weekend, or regular day off). The hourly rate for standby shall be
calculated to the nearest one quarter hour of assigned standby duty.
ARTICLE 7
INSURANCE AND EMPLOYEE ASSISTANCE 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
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of dental, life, and vision insurance coverage for employee and dependents,
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 will inform Local 721 in writing in sufficient time
prior to a decision to change providers and/or coverage that increases
employee costs during the term of this MOU, and will meet to discuss upon
request.
B. Medical Insurance:
July 1, 20182021, through June 30, 20202023, Medical Insurance
Cafeteria Plan: The City shall continue a cafeteria plan (Section 125
Premium-Only Plan) for medical insurance. Beginning July 1, 20182021,
through June 30, 20202023, the City's contribution for each employee shall
consist of a medical allowance of an amount equivalent to ninety percent
(90%) of the monthly family rate for the CalPERS PERS Choice medical
PPO plan for the Los Angeles, San Bernardino and Ventura Area, 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. The medical insurance cafeteria plan contribution, as specified above,
is intended to pay for medical insurance for the employee and eligible
dependents. An employee may convert up to a maximum of $300.00 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). The medical insurance
allowance and the in-lieu payment shall be prorated over twenty- four (24)
pay periods in a calendar year; and upon termination of employment, the in-
lieu payment shall be prorated for the final paycheck, based on actual days
worked, including any use of paid leave or holiday pay in that final pay period.
For employees electing to waive medical insurance coverage for themselves
and eligible 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, including the Affordable Care Act or
any successor thereto. Once the employee has selected an option for
insurance coverage and/or in-lieu payment that would begin January 1 of 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
insurance allowance for the calendar year shall be paid by the employee
through payroll deduction.
C. 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 and does not duplicate the benefits provided by State short-
term disability insurance for regular employees working a minimum of 1,560
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hours annually. The City at its sole discretion may elect to cancel such
supplemental short-term disability insurance at any time. City will inform
Local 721 in writing in sufficient time prior to a decision to cancel coverage
during the term of this MOU, and will meet to discuss upon request.
D. Employee Assistance Program: City shall continue to provide, at the City's
cost, an Employee Assistance Program for regular full-time employees and
eligible dependents. City will inform Local 721 in writing in sufficient time prior
to a decision to change providers during the term of this MOU, and will meet
to discuss upon request.
ARTICLE 8
HOURS OF WORK
Sec. 801 BREAK TIMES: Employees in classifications covered by the MOU 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, as established by a written administrative procedure
approved by the City Manager or his/her designee. 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 721 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 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. Any employee scheduled to
work other than an 8-hour day on a designated City holiday must use annual
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 annual leave for each holiday which
occurs on an employee's off day.
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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 annual 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.
The City Manager may, without advance notice, temporarily return an
employee to a standard 8-hour day, 40-hour week schedule, to ensure
adequate staffing exists to accomplish the City's mission. The need for this
temporary schedule change and the duration will be determined by the City
Manager at his/her sole discretion. The reasons for the temporary schedule
change may include but are not limited to a position vacancy, employee
leave of absence, or change in workload.
Employees on the 9/80 schedule shall work the days and hours approved by
the City Manager and their Department Head.
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. The City Manager may require a physician's certificate
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; Laborer/Custodian IV; Irrigation Specialist; Public Works Technician;
Landscape Maintenance Specialist; and Senior Maintenance Worker
classifications, with the exception that the employee(s) in any of these
classifications assigned to the Community Center and/or similar facilities will
have a different work schedule.
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 Assistant I and II; Administrative Specialist;
Assistant Planner; Associate Planner I and II; Code Compliance Technician
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I and II; Community Development Technician; Community Services
Technician; Crossing Guard Supervisor; Deputy City Clerk I and II; Executive
Secretary; Facilities Technician; Human Resources Assistant; Human
Resources Specialist; Information Systems Technician I and II; Irrigation
Specialist; Laborer/Custodian IV; Landscape Maintenance Specialist;
Maintenance Worker I, II, and Ill; Planning Technician; Public Works
Technician; Recreation Assistant I and II; Recreation Coordinator I, II, and
Ill; Recreation Leader IV; Recreation Specialist; Senior Maintenance Worker;
Teen Coordinator; Vector/Animal Control Specialist; and Vector/Animal
Control Technician I and II.
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.
The City has discretion to make occasional adjustments of the work week,
day or hours for all Competitive Service employees for the purpose of
attending work-related training.
C. The City is not precluded from: 1) Assigning a work week and hours with a
schedule that is different from Monday to Friday, 8:00 a.m. to 5:00 p.m., 8:30
a.m. to 5:30 p.m., or as described in Section 802 of this MOU; or 2)
implementing an occasional adjustment that involves more than one day per
week. The City shall provide no less than two (2) weeks advance notice to
the affected employee before making a long-term (more than three months)
alteration to his/her work schedule, and no less than a one-week advance
notice when making a one-time or short-term (less than three months)
alteration, unless as determined by the City Manager less notice is needed
to fulfill the mission of the City.
D. Annual Leave Accrual: Section 13.5 of the Personnel Rules will continue to
include the following Annual Leave accrual schedule:
Annual Leave
0 to 60 Months - 6.77 hours per pay period (equivalent to approximately 22
eight-hour days per year);
61 to 72 Months- 7.08 hours per pay period (equivalent to approximately 23
eight-hour days per year);
73 to 84 Months- 7.39 hours per pay period (equivalent to approximately 24
eight-hour days per year);
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85 to 96 Months- 7.70 hours per pay period (equivalent to approximately 25
eight-hour days per year);
97 to 108 Months - 8.00 hours per pay period (equivalent to approximately
26 eight-hour days per year);
109 to 120 Months - 8.31 hours per pay period (equivalent to approximately
27 eight-hour days per year);
121 to 132 Months - 8.62 hours per pay period (equivalent to approximately
28 eight-hour days per year);
133 to 144 Months - 8.93 hours per pay period (equivalent to approximately
29 eight-hour days per year); and
145 and above Months - 9.24 hours per pay period (equivalent to
approximately 30 eight-hour days per year, the maximum accrual rate).
E. During Fiscal Years 2018-20192021-2022 and 2019-20202022-2023, a
regular full-time employee with an accumulated Annual Leave balance of not
less than sixty (60) hours may elect a one-time per fiscal year cash out of up
to twenty (20) hours of Annual Leave or with an accumulated Annual Leave
balance of not less than eighty (80) hours may elect a one-time per fiscal
year cash out of up to forty (40) hours of Annual Leave, for either the first
pay period beginning in November or first pay period beginning in March.
Such cash-out request must be submitted in writing by an employee using a
City Personnel Action Form (PAF) with documentation attached from the
Finance Department showing the employee's accumulated leave balance.
ARTICLE 9
OVERTIME
Sec. 901 DEFINITION: Overtime shall be as defined as hours worked in excess of
forty (40) hours in a work week and as further defined in the City's adopted
Personnel Rules for Competitive Service employees, including in Rule 4,
Compensation, except as otherwise provided for in Article 9 of this MOU. For
purposes of calculating overtime, observed holidays per Article 11 and pre-
approved annual leave, but not other time off, shall be credited as time
worked during the work week. For the purposes of this section, pre-approval
for annual leave shall be no less than one (1) week in advance of planned
use.
Sec. 902 COMPENSATION FOR OVERTIME HOURS WORKED: Employees shall
be paid overtime 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, in the Personnel Rules,
except as otherwise provided for in Section 903 herein.
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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, with
the exception of an overtime increment of 30 minutes or less that falls at the
end of the regular work day schedule and overtime for an off-duty telephone
call pursuant to Section 603 herein. When employees are not noticed in
advance, as set forth in this article, the employee shall be paid an additional
one-half(½) 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, unless said overtime is for a time period of
30 minutes or less that falls at the end of the regular work day schedule or
for an off-duty telephone call as addressed in Section 603. This section
requiring notification shall not apply to the Administrative Specialist, Deputy
City Clerk I and II, Human Resources Specialist, Human Resources
Assistant, and Information Systems Technician I and II positions and shall
not apply in emergency situations that affect public health, safety or welfare.
C. Employees shall not have their regular scheduled work week or work day
altered by the City for the avoidance of overtime, except for those
classifications specified in Section 803.B of this MOU 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 work week, 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.
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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:
Tuition Reimbursement: City shall, unless otherwise designated in this MOU,
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 ($1,200.001,800.00) per fiscal year, and a lifetime
maximum of Six Thousand Dollars ($6,000.0010,000.00) 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
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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 accumulated
compensatory time or annual 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 non-job related professional certifications, testing for
said licenses are not covered by this program.
Sec. 1006 TEXTBOOK AND TUITION PROGRAM ADMINISTRATION: Each
Department Head is responsible for the administration of this program for
employees assigned to his/her department. Only those employees who
receive at least a satisfactory performance evaluation during the most recent
evaluation period shall be eligible for this program. Employees shall provide
their Department Head with notice of intent to participate in the program,
including any itemization of costs, four (4) weeks prior to registration for the
course(s). The Department Head shall then provide the employee written
confirmation of 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 will result in ineligibility of costs for
reimbursement. If participation is approved, an official record of grades and
receipts or, if grades not awarded, record of satisfactory completion, must
be received by the Department Head within ninety (90) days after the last
class session. Reimbursement will be made to the employee within two (2)
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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 (6) 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. January 2, when this date falls on a Friday;
3. Martin Luther King's Birthday, the third Monday in January;
4. President's Day, the third Monday in February;
5. 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;
6. Memorial Day, the last Monday in May;
7. July 4 and July 3, or July 5, or July 6 as follows:
a) July 3- Eight hours if this date falls on Monday, but no hours
if this date falls on a Friday and the City is sponsoring a
community event on July 3, in which case the July 4 holiday
will be observed on Monday, July 6;
b) July 5 - Eight hours if this date falls on a Friday;
8. Labor Day, the first Monday in September;
9. Veteran's Day, November 11;
10. November 10, when this date falls on a Monday;
11. Thanksgiving Day, the fourth Thursday in November;
12. The day after Thanksgiving;
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13. 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);
14. Christmas Day, December 25;
15. December 26 when this date falls on a Friday;
16. December 31 when this date falls on a Monday; and
17. 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.
If a paid, assigned City holiday falls on a Saturday, the preceding Friday shall
be the holiday in lieu of the day _observed, except as otherwise specified in
the preceding list of City holidays. If a paid, assigned City holiday falls on a
Sunday, the following Monday shall be the holiday in lieu of the day
observed, except as otherwise specified in the preceding list of City holidays.
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. All assigned holidays shall be eight (8) hours paid for regular full-
time City employees, with the exception of Christmas Eve as described
above.
The January 2, Cesar Chavez, July 3, July 5, November 10, December 26,
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
(2½) 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) annual leave
hours for each such holiday.
Full-time employees required to work on the January 2, Cesar Chavez, July
3, July 5, November 10, December 26 or December 31 holidays, and any
additional holidays approved for one calendar year, only, shall receive
straight-time pay, not to exceed eight (8) hours, and shall also be credited
with one hour of 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 January 2, Cesar Chavez, July 3, July 5, November 10,
December 26, and December 31 holidays shall be paid in cash at two and
one-half (2 ½) times the employee's regular rate of pay. This paragraph is
not applicable when July 3 falls on a Friday for which the City has scheduled
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a special event, and the holiday is changed to Monday, July 6, per the
provisions of Subsection 7.a. in Section 1101.
At an employee's request, the City Manager may approve a change in
regular work schedule to permit an employee to work on a designated City
holiday in exchange for an 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 shall receive holiday
credit on a pro-rata basis, receiving pay or annual leave based on their
regular scheduled hours for the fiscal year.
Regular part-time employees required to work on the January 2, Cesar
Chavez, July 3, July 5, November 10, December 26, and December 31
holidays, and any additional holidays approved for one calendar year, only,
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.
Sec. 1104 HOLIDAY POLICY FOR AN EMPLOYEE ON LEAVE WITHOUT PAY: A
regular full-time or regular part-time employee on leave without pay status
on both the work day before and after a City holiday shall not receive holiday
pay. For example, this would mean an employee on leave without pay on the
Friday preceding and the Tuesday following a Monday holiday would not
receive holiday pay for the Monday holiday.
ARTICLE 12
LOCAL 721 RIGHTS
Sec. 1201 SEIU LOCAL 721 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 721 up to one (1) hour per month time to
attend Local 721 Board meetings on their own time by utilizing compensatory
time off annual leave, or leave without pay, if such time is requested in
advance. In addition, Local 721 paid staff are authorized to visit work stations
of Board members to obtain signatures on official Local 721 documents.
It is further agreed that officers, executive board members and unit
representatives (unit stewards) will conduct all other Local 721 business on
their own time, except as authorized by this section for time spent in
negotiations, discipline related meetings, formal grievance related meetings
with the designated City representative, or City-initiated investigatory
interviews. The City will grant up to a maximum of two hours of City-paid
leave for representative attendance at a discipline-related meeting per
discipline incident. The City will grant up to 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 721 unit
representative attendance at negotiation meetings with the designated City
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representative (not to exceed two representatives for the General Unit and
one representative for the Supervisory/Confidential Unit); and for a City-
initiated investigatory interview. Local 721 officers, executive board
members and unit representatives (unit stewards) may request approval of
use of compensatory time, annual leave, or leave without pay (when there is
no accumulated compensatory time or annual leave) for all other time spent
in negotiations, discipline related meetings, formal grievance related
meetings, and City-initiated investigatory interviews that exceed the City
compensatory time agreed to by this section.
Sec. 1202 UNIT REPRESENTATIVE: Local 721 may designate a unit representative in
each bargaining unit to represent those employees in their respective units.
Local 721 shall submit to the City a list of unit representatives within 30 days
following the signing of this MOU. Thereafter, the list of unit representatives
shall be updated and provided to the City Manager within three (3) business
days of any changes occurring.
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, or leave
without pay (when there is no accumulated compensatory time or annual
leave), with prior supervisor approval.
Sec. 1203 USE OF CITY COPY MACHINES, PRINTERS, MAILBOXES, LAND LINE
PHONES AND CELL PHONES: Use of the City's copy machines or printers
is permitted subject to payment of the City's established fees for copies
pursuant to the City Council Miscellaneous Fee Schedule. Distribution of
Local 721 related communications in employee mailboxes for paper mail is
permitted. Use of City land line phones between Local 721 and represented
employees is permitted subject to the personal use restrictions of any written
administrative procedure for City phone use approved by the City Manager.
No use of City cell phones between Local 721 and represented employees
is permitted.
Sec. 1204 PAYROLL DEDUCTIONS AND MAINTENANCE OF MEMBERSHIP
UNION DUES DEDUCTION , COPE & INDEMNIFICATION: It is mutually
agreed that the City will deduct membership dues or a representation service
fee from the pay of Local 721 represented employees each pay period, in
the amounts certified annually to be current and correct by Local 721. Union
membership deductions shall only be made from those employees who
individually request in writing on the form specified by the City, that such
membership deductions shall be remitted by the City to Local 721. This
membership deduction authorization shall remain in full force and effect until
revoked in writing by the employee, consistent with the requirements of this
section, or until the employee terminates City employment. Such deduction
shall be made only when the employee's earnings for a pay period are
sufficient after any other legally required deduction(s) are made.
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Any employee in the unit who has authorized Union dues deduction shall
continue to have such dues deduction made by the City during the term of
this MOU. However, any employee in the unit may terminate such Union
dues during the period not less than thirty (30) days and not more than forty-
five (45) days before the expiration date of the MOU, by notifying the Union
in writing of his/her termination of Union dues deduction. Such notification
shall be delivered in person or by U.S. mail to the Union with a copy to the
City's Human Resources/Risk Management Division, and should be in the
form of a letter containing the following information: employee name,
employee number, job classification, department name, and name of Union
from which dues deductions are to be cancelled. The Union will provide the
City's Human Resources/Risk Management Division with the appropriate
documentation to process these dues cancellations within ten (10) business
days after the close of the withdrawal period.
Local 721 agrees to fully indemnify the City and its officers, employees and
agents against any and all claims, proceedings, and liability arising directly
or indirectly out of any action taken by or on behalf of the City under this
section, and to reimburse the City for its costs in defending against any such
claims, proceedings, or liability.
A. Dues Deduction:
The Employer will honor employee authorizations for dues deduction as
required by provisions of the Government Code. The authorizations will be
maintained by the Union.
Each pay period, the Employer shall send to the Union a list of all employees
in the bargaining unit including: each employee’s first name, middle initial,
last name; employee identification number; employee hire date; employee
job classification; employment status (ex: active, on leave of absence, etc.);
work status (ex: full time, part time, hourly, seasonal, etc.); annual base
salary amount; base salary earned per pay period; hourly rate; salary step
(if applicable); and total hours worked in the pay period. This information
shall be sent in Excel format to dues@seiu721.org within five (5) business
days of each payday.
Each pay period, the Union shall provide the employer with an “authorized
deduction report” which includes bargaining unit members who have
authorized the deduction of Union dues, COPE and other deductions and
the deduction amounts.
The Employer shall make the dues and other applicable deductions from the
employees’ paychecks and remit such itemized deductions to the Union via
Electronic Funds Transfer (EFT) within five (5) business days of each
payday. The Employer shall also provide the breakdown of each amount
remitted (i.e. Dues, COPE, Supplementary Benefits, etc.) in Excel format to
dues@seiu721.org within five (5) business days of each payday.
B. Committee on Political Education (COPE):
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Employees may make voluntary contributions to the Union’s registered
political action committees. The employer shall make the deduction of the
voluntary contributions in the same manner as the dues deduction process.
Every pay period the Union will notify the employer with a list of employees
and the appropriate deduction amount on the “authorized deduction report”
of the employees who have signed an authorization for the COPE deduction.
Employees may discontinue voluntary political deductions by providing
notice of cancellation to the Union and the Union shall transmit such notice
of cancellation to the Employers by the next full pay period cycle.
C. Indemnification
The Union agrees to indemnify and hold the Employer harmless from any
liabilities of any nature which may arise as a result of the application of
provisions of this Article.
Sec. 1205 UNION SECURITY "AGENCY SHOP": Local 721 herein agrees to fully
indemnify the City and its officers, employees and agents 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 prior MOU
Agency Shop arrangements, and to reimburse the City for its costs in
defending against any such claims, proceedings, or liability.
Sec. 12056 BULLETIN BOARDS: Local 721 will be permitted a bulletin board area for
union postings in the following work locations where its members
congregate: employee break room at City Hall, Public Services Facility, and
Arroyo Vista Recreation Center office.
Sec. 12067 NEW EMPLOYEE ORIENTATION ACCESS: The City provides a new
employee orientation meeting (orientation) to all new employees hired by
City on their first day of employment, at which orientation employees are
advised of their employment status, rights, benefits, duties and
responsibilities, and other employment related matters. Local 721 will be
provided not less than ten (10) days advance written notice of the time, date
and location of the City's orientation for a new represented employee (new
represented employee shall be defined to include any employee new to
Local 721 representation, including but not limited to through new hire,
promotion, or demotion), except that a shorter notice may be provided in a
specific instance where there is an urgent need critical to the City's
operations that was not reasonably foreseeable. Local 721 staff will be given
up to a maximum of thirty (30) minutes on the orientation day to present
Local 721 membership information to a new employee in the Local 721
bargaining units; however, the City requires the first three (3) hours of the
new employee orientation on the first day of work to be reserved for City only
orientation. City will provide Local 721 staff with a meeting room at the City's
Community Center a City facility or access to a virtual meeting for the
purpose of conducting the Local 721 portion of the new employee
orientation, and no City Management staff will attend this Local 721
conducted orientation. Should SEIU Local 721 staff not be able to make the
City's scheduled new employee orientation, the City shall distribute at the
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new employee orientation a sealed envelope provided by SEIU that contains
the packet of Union materials provided by SEIU Local 721, including the
contact information of the Local 721 representative responsible for follow-up
with the new hire.
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 MOU
unless changed pursuant to the meet and confer process. Moorpark
Administrative Procedures (M.A.P.s) that are consistent with the City Rights
in Article 15 may be established or changed without the need to meet and
confer, with the exception that for City Manager approved M.A.P.'s, the City
shall provide ten (10) work days' notice to all affected employees and
designated Local 721 Union representatives and staff, including the
opportunity to comment verbally or in writing prior to implementation of new
M.A.P.s or substantive revisions to existing M.A.P.s that are more than
editorial corrections. The City Manager may determine to require immediate
implementation of a new M.A.P. or a revision to an existing M.A.P. without
ten (10) days' notice, if he/she determines this is required to address an
emergency situation, including to be in compliance with Occupational Safety
and Health Administration (OSHA) laws and regulations.
ARTICLE 14
MISCELLANEOUS PROVISIONS
The following items are to be included in applicable rules, regulations and policies:
Sec. 1401 MAINTENANCE OF CALIFORNIA DRIVER'S LICENSE: 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 Compliance Technician 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 for home laundering of shirts and pants.
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Any uniform tailoring costs shall be borne by the employee. Purchase of the
uniform clothing shall be done on an employee's own time.
B. For the Senior Maintenance Worker; Vector/Animal Control Specialist;
Vector/Animal Control Technician I and II; Crossing Guard Supervisor;
Facilities Technician; Laborer/Custodian IV; Maintenance Specialist;
Maintenance Worker I, II, and Ill; Irrigation Specialist; Public Works
Technician; and other classifications determined by the City Manager based
on work assignments, 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 $200.00 250.00 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. Purchase of the work boots shall be done on an
employee's own time.
Sec. 1403 REGULAR PART-TIME EMPLOYEE BENEFITS: Those regular part-time
positions with budgeted hours at or above one thousand five hundred and
sixty (1,560) hours 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. Accrued annual leave for regular part-
time employees shall be no less than the amount required by the Paid Sick
Leave law (California Labor Code Sections 245-249).
In addition to leave benefits described above, regular part-time employees
will be eligible for CalPERS retirement as described in Section 501, and long-
term and short-term disability insurance benefits as described in Section
701. Health insurance coverage will be made available by City for regular
part- time employees and dependents as may be required by the Affordable
Care Act, or any successor thereto, and City Council policies. No dental,
vision, or life insurance premiums shall be paid for regular part-time
employees.
Sec. 1404 PRIVACY POLICY. The City reserves the right to adopt a privacy policy
and/or procedures to give notice to employees of City computer network,
telephone system, and video surveillance monitoring. This language may be
incorporated into the City's Personnel Rules. The City shall provide ten (10)
days' notice to all employees and Local 721 prior to implementation of a new
privacy policy. Such policy and/or procedures will include a requirement for
each employee to acknowledge that the employee received and read the
policy and/or procedures. The acknowledgment will be kept in the
employee's personnel file.
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Sec. 1405 PUBLIC TRANSPORTATION INCENTIVE PROGRAM. The City will
maintain a Public Transportation Incentive Program, with reimbursement at
50% of the actual expense, not to exceed a maximum reimbursement of
$100.00 per month, subject to rules to be approved by the City Manager at
his/her sole discretion, with no further need to meet and confer on the
implementation rules.
Sec. 1406 REVISIONS TO THE PERSONNEL RULES FOR COMPETITIVE SERVICE
EMPLOYEES. The City and Local 721 agree to the following revisions to be
incorporated into the Personnel Rules during the term of this MOU. The City
and Local 721 further agree that the Personnel Rules, in its entirety, may be
updated during the term of this MOU to be compliant with applicable laws
and regulations. The City's Personnel Rules are adopted by resolution of the
City Council; a permanent legislative record; therefore, following adoption of
the agreed upon MOU language into the Personnel Rules, the subsequent
MOU will be updated to delete reference to such MOU provisions.
A. Section 2.12 of the Personnel Rules will be revised to be generally consistent
with the July 15, 2011 First Addendum to the July 2010 MOU.
B. Section 2.14 of the Personnel Rules will be revised to be consistent with City
Council Policy 2.18.
C. Section 4.12 of the Personnel Rules will be revised to be generally consistent
with the following:
Section 4.12. Overtime and Compensatory Time: When in the best
interest of the City, the City Manager or a department head or his/her
designee may require an employee to work overtime. Overtime that can be
anticipated or scheduled shall require the prior approval of the department
head based on budget limits. No more than ten (10) hours of overtime may
be worked in any one work week without prior written approval of the City
Manager. Overtime-eligible employees (i.e. non-exempt employees) are not
permitted to work overtime without prior approval from the department head
or his/her designee. If the department head or his/her designee denies the
employee's request to work overtime, the employee must obey the
department head's directive and immediately cease working. Failure to
follow these overtime approval procedures may subject the employee to
disciplinary action, up to and including dismissal.
Overtime is all hours an overtime-eligible employee actually works over forty
(40) hours in his/her designated work week. Accordingly, credit for overtime
shall not begin until an employee has actually worked forty (40) hours for
that work week. Only actual hours worked will be counted toward the 40-
hour threshold for purposes of calculating overtime, and paid annual leave
time and other similar paid leave time off from work shall not be counted as
hours worked unless provided under a memorandum of understanding.
All overtime shall be computed in increments of one quarter (1/4) hour, and
shall be compensated for overtime hours worked at one and one-half (1 ½)
times the employee's regular rate of pay unless otherwise specified in a
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memorandum of understanding. Calculation of the regular rate shall be as
required by applicable state and federal law.
Compensation for overtime shall be included in the paycheck for the pay
period in which it is earned, except as provided below. The City and the
employee can agree, in advance of the overtime being worked, to allow the
employee to receive compensatory time (at time and one-half) in lieu of
overtime pay. An employee will not be permitted to accumulate more than
forty (40) hours of compensatory time. Twice a year, during the last pay
period in June and the last pay period in December, the City shall pay an
employee for all accumulated compensatory time and reduce the
compensatory time balance to zero. The City reserves the right to cash out
accumulated compensatory time at any time. Upon termination, employees
shall be compensated for accumulated compensatory time off at the
employee's final regular rate of pay or the employee's average regular rate
of pay during the last three (3) years of employment with the City, whichever
is higher.
Certain classifications in the Competitive Service may be designated as
exempt from the overtime requirements of the Fair Labor Standards Act and
Sections 4.12 (Overtime and Compensatory Time), 4.12.1 (Callback), and
4.12.2 (Standby Premium Pay), and hence are not eligible to receive
overtime pay. Such exempt classifications shall have the exemption stated
on both the Salary Plan and the class specification in the job description in
the City's Classification Plan. Standby duty, which does not constitute time
worked, shall be compensated in a manner prescribed in writing by the City
Manager.
D. Section 4.13 of the Personnel Rules will be revised to be generally consistent
with the following:
Section 4.13. Compensation for Layoff: An employee, who is terminated
from the Competitive Service of the City as a result of a layoff, shall be paid
for accumulated annual leave, compensatory time, and accumulated
overtime. Should an employee be reemployed in the formerly held position,
the employee shall be placed at the same salary step as when the layoff
occurred. No credit shall be received toward a step increase or seniority
during the period of layoff. Employees who have attained regular status at
the time of layoff, and who are reemployed within a period of one (1) year
from the date of layoff shall be assigned a performance evaluation
anniversary date that provides credit for time previously worked towards the
one-year evaluation period prior to layoff.
E. Section 4.19 of the Personnel Rules will be revised to be generally consistent
with the following:
Section 4.19. Error in Determination of Correct Salary Rate or Any
Other Compensation: Should an employee be advanced to a higher step
in the salary range for his/her class than for which he/she was
recommended, be placed at a higher salary range, or receive any other
incorrect amount of compensation, including but not limited to bilingual pay,
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longevity pay, insurance cash-back payment, deferred compensation
payment, through error, such error shall be corrected immediately following
its discovery. Reimbursement to the City by the employee or to the employee
by the City for said error shall promptly be made by one of the following
methods or a combination thereof:
a. Application of accumulated equivalent time off for overtime service;
b. Application of equivalent time off for overtime service earned during
the time immediately following the date of the discovery of said error;
c. Application of the increase in the employee's salary following his/her
next merit salary increase; or
d. Application of a partial reduction in the employee's salary for a period
of not more than six (6) months; or
e. Any other method mutually agreed to.
City Human Resources and Finance staff shall meet with the employee to
discuss reimbursement and following that meeting shall make a
recommendation to the City Manager for correction and reimbursement.
Determination of which one or combination of the above methods of
reimbursement should be used shall be made by the City Manager. In order
for the reimbursement to the City to be deferred, the employee shall be
required to sign a reimbursement agreement, to permit the City to deduct
any unpaid reimbursement from the employee's last paycheck, should the
employee terminate before full reimbursement to the City has been made. If
the employee declines to sign a reimbursement agreement, the full amount
of the reimbursement will be deducted from the employee's next paycheck
or all subsequent paychecks until full reimbursement has been achieved. If
the employee refuses to sign a reimbursement agreement and then
terminates employment prior to reimbursement, the City will initiate
appropriate legal action to recover owed amounts not reimbursed.
F. Section 10.4 of the Personnel Rules will be revised to be consistent with the
following:
Section 10.4. Voluntary Retreat Rights: An employee designated to be
laid off may elect to retreat to the top of the seniority list for the next lower
classification within the same class of positions, provided the employee has
previously held regular status in such lesser classification in any department,
and possesses the minimum skills to perform satisfactorily. The City
Manager shall determine whether an employee has such minimum skills.
Employees who retreat into a lesser classification retain re-employment
rights to the original position as provided in Section 10.7. Retreat rights shall
prevail only within an identifiable career ladder for the applicable class of
positions, as identified by the City Manager.
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G. Section 12.9.n of the Personnel Rules will be revised to be consistent with
the following:
n. Reckless driving or reckless operation of a City vehicle or equipment
while on duty.
H. At the time of the next update, the Personnel Rules will be revised to be
consistent with the current applicable provisions of the Fair Labor Standards
Act, California Pregnancy Disability Leave Act, Federal Family and Medical
Leave Act, California Family Rights Act, Affordable Care Act, California Paid
Sick Leave Law, and California Kin Care Law.
I. Section 4.12.2 of the Personnel Rules will be revised to be generally
consistent with the following:
Section 4.12.2. Standby Premium Pay: Should an employee be placed on
standby duty between the hours of 10 p.m. and 6:00 a.m. (standby period),
such employee shall be compensated twenty dollars ($20.00) for each
assigned standby period. Standby duty assigned at any other time of day
shall be compensated for actual time on call at the rate of $2.00 per hour,
which shall be calculated to the nearest one-quarter hour of assigned
standby duty. Should an employee be placed on standby duty, such
employee shall be compensated for actual time on call consistent with the
compensation approved in a Memorandum of Understanding (MOU),
including any Amendment or Side Letter of Agreement to the MOU for
Competitive Service employees.
Actual time worked as a result of a callback to duty shall be paid in
accordance with Section 4.12.1 (Callback). No employee shall be paid an
hourly rate for callback and standby simultaneously. Employees who fail to
or refuse to respond to phone calls when assigned to standby duty shall not
receive standby pay for that assigned shift. Employees standby hours shall
not constitute hours worked under the Fair Labor Standards Act.
Standby duty requires that employees so assigned:
1. Be readily reachable at all times when on standby duty by a City cell
phone if provided or employee cell phone or home phone.
2. Refrain from activities which might impair the employee's ability to
perform their assigned duties.
3. Be ready while on standby duty to respond to call back duty within a
thirty (30)-minute response time to the employee's primary worksite.
The City will establish a Standby calendar showing the names of the
employees scheduled to work standby duty, and a preliminary standby
schedule will be posted no less than one month in advance. Standby
schedule change requests by employees should be submitted to a
supervisor or department head for approval consideration no less than one
work day in advance of the scheduled standby duty (except as described in
this paragraph for an emergency or unplanned situation) to ensure there is
time for the supervisor or department head to find another employee
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available to accept the standby duty assignment. If an employee is
scheduled for standby and determines after regular work hours that he or
she cannot respond to standby duty telephone calls and call back duty due
to an emergency or unplanned situation, such as illness or lack of child care,
the employee shall notify their supervisor or department head by telephone
call and/or text message of the required scheduling change. All schedule
changes must be updated on the Standby calendar no later than the next
regular work day and prior to timesheet submittal to ensure accurate
timesheet reporting.
Standby duty pay does not apply when a City's Emergency Operations
Center has been activated and an employee may be assigned to a work shift
other than his/her regular shift.
J. Language will be added to the Personnel Rules and Moorpark Administrative
Procedure CM-16 (Time Sheets and Personnel Action Forms) to clarify that
time worked and use of accumulated leave by Competitive Service
employees shall be recorded daily on the City's time sheet in time increments
of no less than a quarter-hour (15 minutes), and if rounding is required at the
end of a work day for an increment of time worked or leave used of less than
a quarter-hour increment, seven (7) or fewer minutes shall be rounded down
and eight (8) or more minutes shall be rounded up.
K. Section 9.3, Review with Employees, of Rule 9, Employee Performance
Evaluation, will be revised at the time of the next update to the Personnel
Rules Resolution to change the time for employee written responses to the
performance evaluation report to be completed with ten (10) business days
of receiving the completed written performance evaluation.
L. Rule 14, Workers Compensation, will be revised to be consistent with the
provisions of State law pertaining to injuries on the job and benefits paid.
ARTICLE 15
CITY RIGHTS
The City retains, solely and exclusively, all rights, powers and authority it had prior to this
MOU except those rights specifically delegated by this MOU. 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;
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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 721 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 721 shall
hinder, interfere, intimidate, restrain, discriminate, or coerce an employee for exercising any
rights or benefits provided in this MOU or law.
ARTICLE 17
NO STRIKE, WORK STOPPAGE, OR RELATED
During the term of the MOU, 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 721, including compliance with the
request of other labor organizations to engage in such activity, and no lockouts shall be
made by the City.
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ARTICLE 18
PROVISIONS OF LAW
It is understood and agreed that this MOU is subject to all current and future applicable
federal, state, and City of Moorpark laws and regulations. If any part or provision of this
MOU is in conflict or inconsistent with such applicable provisions of federal, state or City
laws, rules and regulations, or is otherwise held to be invalid or unenforceable by any
tribunal of competent jurisdiction, such part or provision shall be suspended and
superseded by such applicable law or regulations, and the remainder of this MOU shall not
be affected thereby. In the event of such invalidation, the City and Local 721 shall meet and
confer in good faith concerning such invalidation including whether a replacement benefit
or provision is necessary and appropriate.
IN WITNESS WHEREOF, the parties hereto have caused this MOU between Local 721 and
the City to be executed on August 5, 2018June ___, 2021, following ratification by the City
Council at a regular meeting on August 5, 2018June 16, 2021.
ON BEHALF OF THE CITY: ON BEHALF OF LOCAL 721:
Troy Brown, City Manager Danny CarrilloAram Agdaian, SEIU
Local 721
Chief Negotiator
ATTEST: Leonardo MendezDaisy Amezcua,
SEIU Local 721
General Representative
Maureen BensonKy Spangler
City Clerk
Kat ValenciaJavier Magdaleno,
SEIU Local 721
General Representative
Kat Valencia, SEIU Local 721
Supervisory/Confidential
Representative
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ATTACHMENT 2
Pending email from SEIU Local 721 dated June 14, 2021, confirming ratification of tentative
agreement. To be added as a supplemental on June 14, 2021.
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