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Home My WebLink AboutAGENDA REPORT 2023 0607 CCSA REG ITEM 09DCITY OF MOORPARK, CALIFORNIA City Council Meeting of June 7, 2023 ACTION APPROVED STAFF RECOMMENDATION. (VOICE VOTE: UNANIMOUS) BY A. Hurtado. D. Consider Memorandum of Understanding (MOU) with Service Employees International Union (SEIU) Local 721 for Fiscal Years 2023/24 and 2024/25. Staff Recommendation: Approve the new MOU with SEIU Local 721 for the period from July 1, 2023, through June 30, 2025, subject to final language approved by the City Manager, and authorize the City Manager to sign the new MOU. (Staff: PJ Gagajena, Assistant City Manager) Item: 9.D. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: PJ Gagajena, Assistant City Manager DATE: 06/07/2023 Regular Meeting SUBJECT: Consider Memorandum of Understanding with Service Employees International Union (SEIU) Local 721 for Fiscal Years 2023/24 and 2024/25 BACKGROUND AND DISCUSSION Service Employees International Union (SEIU) Local 721 unionized Competitive Service employees in the City of Moorpark in 1999 and currently represents 28 full-time employees or approximately 50% of the City’s full-time workforce. SEIU and the City negotiate a labor agreement known as a Memorandum of Understanding (MOU) every one to two years to establish the wages, hours, and working conditions for employees represented by the union. The City's prior MOU with SEIU Local 721 was for a two-year term for Fiscal Years 2021/22 and 2022/23 (July 1, 2021, to June 30, 2023). A new MOU for the two-year term for Fiscal Years 2023/24 and 2024/25 (July 1, 2023, to June 30, 2025) is now proposed, and the attached draft MOU shows the revisions made. On May 30, 2023, SEIU Local 721 confirmed member ratification of the new MOU. The following highlights the major revisions to the MOU: • Section 103, Negotiating Committee – The title of the section changes from “Preparation Time” to “Negotiating Committee,” and adds new language and combines existing language from Section 102. The total number of hours of City- paid leave time for Local 721-unit representatives to attend negotiation meetings with City representatives changes from four hours to six hours to account for additional time that may be required for negotiations. • Article 3, Recognition – Changes to this section includes removing the Laborer/Custodian IV job classification, which was removed on the City’s Classification Plan on July 6, 2022; adding the job classification of Landscape Maintenance Inspector because it was inadvertently left off the MOU but exists in the City’s Classification Plan; and adding Recreation Program Specialist, which was added as a new job classification by the City Council on July 7, 2021. The removal and addition of these job classifications are reflected in other sections of the MOU. Item: 9.D. 162 Honorable City Council 06/07/2023 Regular Meeting Page 2 • Section 601, Salary Plan Adjustment – The cost–of-living increases will be 7.0% effective the first full pay period commencing on or after July 1, 2023, and 3.0% effective the first full pay period commencing on or after July 1, 2024. • Section 607, Standby Premium Pay – Standby premium pay increases to one flat rate of $4.50 per hour for both regular and non-regular workdays. • Section 701B, Medical Insurance – This section removes the specific start and end dates of medical insurance coverage because this already corresponds to the effective dates of the MOU and revises the name of the medical plan and geographic coverage area. • Section 1004, Textbook and Tuition Reimbursement – The annual maximum tuition reimbursement increases from $1,800 to $2,000 and the lifetime maximum increases from $10,000 to $12,000. • Section 1204A, Dues Deduction – Adds language allowing for other SEIU Local 721 email addresses to be used. • Section 1206, New Employee Orientation Access – Adds language to allow SEIU members to participate in the Union’s presentation during new employee orientations. • Article 13, Section 1301, Maintenance of Existing Conditions – Replaces references to Moorpark Administrative Procedures or “M.A.P.s” to Administrative Policies. The City’s Administrative Policy Manual was created in September 2022 to combine both M.A.P.s and City Council Policies considered under the authority of the City Manager and/or Department Heads. ENVIRONMENTAL DETERMINATION This action is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project, as defined by Section 15378 of the State CEQA Guidelines. Therefore, no environmental review is required. FISCAL IMPACT The proposed Fiscal Year 2023/24 Operating budget contemplates a General Fund surplus of $653,149. The estimated General Fund costs for the 7.0% salary adjustment and increases to standby premium pay and tuition reimbursement is approximately $519,551.34. For Fiscal Year 2024/25, the estimated costs for the 3.0% salary adjustment and increases to standby premium pay and tuition reimbursement is approximately $223,272.86, which will be incorporated into the budget for the following fiscal year. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. 163 Honorable City Council 06/07/2023 Regular Meeting Page 3 STAFF RECOMMENDATION Approve the new MOU with SEIU Local 721 for the period from July 1, 2023, through June 30, 2025, subject to final language approved by the City Manager, and authorize the City Manager to sign the new MOU. Attachment: Draft MOU showing revisions in legislative format 164 1 2021-20232023-2025 MOU between City of Moorpark and SEIU Local 721 06/16/2021 City Council Meeting 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, 20212023, up to and including Midnight, June 30, 20232025. Sec. 102 SUCCESSOR MOU: For negotiation of a successor to the MOU, Local 721 shall provide to the City Manager during the period of March 1 through May 1 before expiration of the MOU, its written request to modify, amend, or terminate the 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. NEGOTIATING COMMITTEE: The committee authorized by Local 721 to consult, meet and confer, or negotiate collectively shall consist of three (3) members which includes two (2) representatives for the General Unit and one (1) representative for the Supervisory/Confidential Unit covered by this MOU who are compensated for hours spent in negotiations. Employee members will be paid by the City for the time spent in negotiations with management, but only for the straight time hours they would otherwise have worked on their regular work schedule. Meetings shall be held at a time and place mutually acceptable to all parties. Additional employee members shall be compensated when approval and authorization for such payment has been made by the City. ATTACHMENT 165 2 2021-20232023-2025 MOU between City of Moorpark and SEIU Local 721 06/16/2021 City Council Meeting No less than 90 days prior to the expiration of this MOU, Local 721 shall notify the City of the three employee members of the committee. So that Local 721 can better prepare to timely commence bargaining over the terms of a successor MOU, between 90 and 60 days prior to expiration of this MOU, the City shall release the three designated committee members from active employment for six total hours on days to be determined by Local 721. 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 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 Inspector Landscape Maintenance Specialist 166 3 2021-20232023-2025 MOU between City of Moorpark and SEIU Local 721 06/16/2021 City Council Meeting 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 Recreation Program Specialist 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 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; 167 4 2021-20232023-2025 MOU between City of Moorpark and SEIU Local 721 06/16/2021 City Council Meeting 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 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, 168 5 2021-20232023-2025 MOU between City of Moorpark and SEIU Local 721 06/16/2021 City Council Meeting 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 the first full pay period commencing on or after July 1, 20212023, the City agrees to adjust wages of classes in the bargaining units covered by this MOU by a two seven percent (27.0%) cost-of-living increase and issue a two percent (2.0%) one- time payment. Effective the first full pay period commencing on or after July 1, 20222024, the City agrees to adjust wages of classes in the bargaining units covered by this MOU by a two three percent (23.0%) cost-of-living increase. Should the City's Non-Competitive Service employees receive a cost-of- living increase higher than two percent (2.0%) for Fiscal Year 2022-2023 the amounts above, the City agrees to adjust the wages of classes in the bargaining units covered by this MOU by an equivalent amount. 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 169 6 2021-20232023-2025 MOU between City of Moorpark and SEIU Local 721 06/16/2021 City Council Meeting 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 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%) 170 7 2021-20232023-2025 MOU between City of Moorpark and SEIU Local 721 06/16/2021 City Council Meeting 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 $4.50 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 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, 2021, through June 30, 2023, Medical Insurance Cafeteria Plan: The City shall continue a cafeteria plan (Section 125 Premium-Only Plan) for medical insurance. Beginning July 1, 2021, through June 30, 2023, tThe 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 Platinum medical PPO plan for the Los Angeles, San Bernardino and/or Ventura Area that provides the maximum benefit, 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- 171 8 2021-20232023-2025 MOU between City of Moorpark and SEIU Local 721 06/16/2021 City Council Meeting 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 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 172 9 2021-20232023-2025 MOU between City of Moorpark and SEIU Local 721 06/16/2021 City Council Meeting 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. 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. 173 10 2021-20232023-2025 MOU between City of Moorpark and SEIU Local 721 06/16/2021 City Council Meeting 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 Inspector; 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 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 Inspector; 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 Program Specialist; 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 174 11 2021-20232023-2025 MOU between City of Moorpark and SEIU Local 721 06/16/2021 City Council Meeting 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 13.65 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); 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 2021-2022 and 2022-2023, aA 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. 175 12 2021-20232023-2025 MOU between City of Moorpark and SEIU Local 721 06/16/2021 City Council Meeting 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. 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 176 13 2021-20232023-2025 MOU between City of Moorpark and SEIU Local 721 06/16/2021 City Council Meeting 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. 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: 177 14 2021-20232023-2025 MOU between City of Moorpark and SEIU Local 721 06/16/2021 City Council Meeting 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, Eight Hundred Two Thousand Dollars ($1,800.00 $2,000.00) per fiscal year, and a lifetime maximum of Ten Twelve Thousand Dollars ($10,000.00 $12,000.00) 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 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. 178 15 2021-20232023-2025 MOU between City of Moorpark and SEIU Local 721 06/16/2021 City Council Meeting 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) weeks after grade cards and receipts have been received by the Department Head. The Personnel Director Officer 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. 179 16 2021-20232023-2025 MOU between City of Moorpark and SEIU Local 721 06/16/2021 City Council Meeting 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; 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- 180 17 2021-20232023-2025 MOU between City of Moorpark and SEIU Local 721 06/16/2021 City Council Meeting 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 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 181 18 2021-20232023-2025 MOU between City of Moorpark and SEIU Local 721 06/16/2021 City Council Meeting 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; 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. 182 19 2021-20232023-2025 MOU between City of Moorpark and SEIU Local 721 06/16/2021 City Council Meeting 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 MEMBERSHIP UNION DUES DEDUCTION, COPE & INDEMNIFICATION: 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 or other designated email by Local 721 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 or other designated email by Local 721 within five (5) business days of each payday. B. Committee on Political Education (COPE): 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. 183 20 2021-20232023-2025 MOU between City of Moorpark and SEIU Local 721 06/16/2021 City Council Meeting 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 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. 1206 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 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. Release time shall be granted for the member(s) to participate in the Union’s presentation during new employee orientations with prior supervisor approval. Local 721 staff shall be responsible for coordinating a member’s participation during orientation. Should SEIU Local 721 staff not be able to make the City's scheduled new employee orientation, the City shall distribute at the 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. 184 21 2021-20232023-2025 MOU between City of Moorpark and SEIU Local 721 06/16/2021 City Council Meeting 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) Policies 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.'sAdministrative Policies, 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.sAdministrative Policies or substantive revisions to existing Administrative Policies M.A.P.s that are more than editorial corrections. The City Manager may determine to require immediate implementation of a new Administrative Policy M.A.P. or a revision to an existing Administrative PolicyM.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. 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; 185 22 2021-20232023-2025 MOU between City of Moorpark and SEIU Local 721 06/16/2021 City Council Meeting Facilities Technician; Laborer/Custodian IV; Landscape Maintenance Inspector; Landscape Maintenance Specialist; 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 $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. 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. 186 23 2021-20232023-2025 MOU between City of Moorpark and SEIU Local 721 06/16/2021 City Council Meeting 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 2.154 of the Personnel Rules will be revised to be consistent with City Council Policy 2.118. 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 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 187 24 2021-20232023-2025 MOU between City of Moorpark and SEIU Local 721 06/16/2021 City Council Meeting 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, 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; 188 25 2021-20232023-2025 MOU between City of Moorpark and SEIU Local 721 06/16/2021 City Council Meeting 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. G. Section 112.9.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 189 26 2021-20232023-2025 MOU between City of Moorpark and SEIU Local 721 06/16/2021 City Council Meeting 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, 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 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. 190 27 2021-20232023-2025 MOU between City of Moorpark and SEIU Local 721 06/16/2021 City Council Meeting J. Language will be added to the Personnel Rules and Moorpark Administrative Procedure CM-16Policy B-3 (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; 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; 191 28 2021-20232023-2025 MOU between City of Moorpark and SEIU Local 721 06/16/2021 City Council Meeting 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. 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 192 29 2021-20232023-2025 MOU between City of Moorpark and SEIU Local 721 06/16/2021 City Council Meeting 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 June ___, 20212023, following ratification by the City Council at a regular meeting on June 167, 20212023. ON BEHALF OF THE CITY: ON BEHALF OF LOCAL 721: Troy Brown, City Manager Aram Agdaian, SEIU Local 721 Chief Negotiator ATTEST: Daisy Amezcua, SEIU Local 721 General RepresentativeBargaining Team Member Ky Spangler City Clerk Javier Magdaleno, SEIU Local 721 General Representative Bargaining Team Member Kat ValenciaSteve Matthews, SEIU Local 721 Supervisory/Confidential RepresentativeBargaining Team Member Annette Nino, SEIU Local 721 Worksite Organizer 193