HomeMy WebLinkAboutAGENDA REPORT 2018 0815 CCSA REG ITEM 09BCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of 8.15.2018
ACTION Approved staff
recommendation
BY M. Benson
B. Consider Memorandum of Understanding (MOU) with Service Employees
International Union (SEIU) Local 721 for Fiscal Years 2018-2019 and 2019-2020
and Budget Amendment in the Amount of $43,000 for Fiscal Year 2018-19. Staff
Recommendation: Approve the new MOU with SEIU Local 721 for the time
period from July 1, 2018, through June 30, 2020, subject to City Manager final
language approval, and authorize the City Manager to sign the new MOU.
Item: 9.B.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, Assistant City Manager
DATE: 08/15/2018 Regular Meeting
SUBJECT: Consider Memorandum of Understanding (MOU) with Service Employees
International Union (SEIU) Local 721 for Fiscal Years 2018-2019 and 2019-
2020 and Budget Amendment in the Amount of $43,000 for FY 2018-19
BACKGROUND AND DISCUSSION
The City's prior MOU with SEIU Local 721 was for a one-year term beginning July 1, 2017,
and ending June 30, 2018. A new two-year MOU for Fiscal Years 2018-19 and 2019-20 (July
1, 2018 to June 30, 2020) is now proposed, and the attached draft MOU (see Attachment 1)
shows the revisions in legislative format compared to the prior one-year MOU beginning July
1, 2017, and ending June 30, 2018. On August 8, 2018, staff received an email from SEIU
Local 721 confirming member ratification of the new two-year MOU (see Attachment 2). If the
City Council concurs with the staff recommendation to approve the new two-year MOU, the
final agreement will have the revisions accepted and the legislative format removed.
The following is a discussion of the revisions in the new MOU that staff thought required
additional explanation:
• Page 1, Term, Section 101 – Section 101 has been revised to change the term from a
one-year MOU for Fiscal Year 2017-18 to a two-year term for Fiscal Years 2018-19
and 2019-20 expiring on June 30, 2020.
• Page 1, Successor MOU, Section 102 – Section 102 has been revised to reflect the
new term dates as well as to add language requiring earlier submittal by SEIU Local
721 of its written request to modify, amend, or terminate the MOU and written
proposals for such successor MOU. Language has also been added that retroactive
pay will not be considered for the successor MOU if such requests are not provided
during a March 1 through May 1 timeline. Previously the timeline was March 1 through
June 1.
• Pages 3-4, Article 5, Section 503 – Section 503 has been revised to reflect that the
City’s voluntary Retirement Health Savings Plan is now an option for employees who
receive the grandfathered retirement health savings benefit payment upon retirement.
Item: 9.B.
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This retirement health savings option was recently re-established by City Council
action on March 21, 2018.
• Page 4, Article 6, Section 601 – Section 601 of the MOU includes a 2.0% cost–of-
living salary adjustment effective with the paycheck dated July 27, 2018 (which
requires retroactive pay), and a 1.0% cost-of-living salary adjustment effective with the
paycheck dated July 26, 2019. A salary plan resolution update is also scheduled for
the August 15, 2018, regular agenda that incorporates the 2.0% adjustment for the pay
period beginning July 7, 2018 (and the paycheck dated July 27, 2018). The Fiscal
Impact section of this report addresses the need for a Budget amendment to fund the
cost-of-living salary adjustment for Fiscal Year 2018-19.
• Pages 7-8, Article 7, Section 701 – Language changes include agreement to inform
and meet to discuss with SEIU Local 721 prior to insurance changes for dental, life,
vision, disability and employee assistance program. The fiscal year references for
medical insurance have been updated. The City’s medical insurance benefit payment
allowance language has not changed and continues to be 90% of the monthly family
rate for the CalPERS PERS Choice medical insurance Preferred Provider Organization
(PPO) plan. The PERS Choice rates effective January 1, 2019, will increase 5.5%.
Some of the rates of the various PPO and Health Maintenance Organization (HMO)
plans offered by CalPERS have increased; however, since there are a variety of plans
offered, employees will have the opportunity to change their medical insurance
selection for the coverage year beginning January 1, 2019. The CalPERS health care
rate and plan changes for 2019 include an average 1.16% overall premium increase,
which CalPERS has stated is the lowest health premium increase negotiated in over
two decades. The adopted Fiscal Year 2018-19 Budget includes funding to pay the
estimated CalPERS medical insurance rates for employees.
• Pages 11-12, Article 8, Section 803.E – The annual leave cash out benefit as
approved for the prior MOU has been retained with updated fiscal year references, and
the amount of hours that may be cashed out has been increased from 20 to 40 and the
September cash-out time period has been changed to November.
• Page 12, Article 9, Section 901 – The overtime definition was clarified by referencing
the City’s Personnel Rules for Competitive Service employees.
• Pages 19-20, Article 12, Section 1203 – Changes were made to this section to be
more consistent with SEIU Local 721’s current practice for communication with
employees and limited use of City equipment.
• Pages 21-22, Article 12, Section 1205 – The majority of the prior MOU Agency Shop
language has been deleted due to the recent Supreme Court decision on June 27,
2018, in Janus v. American Federation of State, Country, and Municipal Employees,
Council 31. The Supreme Court ruled that the State’s extraction of agency fees from
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nonconsenting public sector employees violates the First Amendment. The indemnity
language in Section 1205 has been retained.
• Pages 22-23, Article 12, Section 1207 – This new section has been added to address
new employee orientation access as required by Assembly Bill 119, which was
adopted by the California legislature in 2017, and which mandates union access to
new employee orientations.
• Page 23, Article 13, Section 1301 – Clarification language was added to this section.
• Pages 25 to 31, Article 14, Section 1406 –Various language changes have been
incorporated into this section of the MOU pertaining to pending City Personnel Rules
revisions; however, there will be an opportunity for subsequent review. An update to
the City’s Personnel Rules for Competitive Service Employees has been drafted and
will be scheduled for City Council consideration of adoption of a resolution approving
updated Personnel Rules after City Manager and City Attorney review is completed.
• Page 32, Article 18 – A new section, Provisions of Law, was added that incorporates
severance language into the MOU.
FISCAL IMPACT
Sufficient funding was incorporated into the adopted Fiscal Year 2018-19 Budget for
continuing annual leave cash out for up to 20 hours for those employees with the minimum
required leave balance. The draft MOU under consideration increases the cash-out to a
maximum of 40 hours. For the last fiscal year, the total amount that was paid for a 20 hours
leave cash-out benefit for Competitive Service Employees was approximately $7,000, so
increasing the total number of hours permitted for cash out from 20 to 40 could double the
cost, although not all eligible employees will request leave cash out or request the full amount
of leave cash out permitted. A Budget amendment is not proposed at this time for the
potential 20 additional hours of leave cash out, and staff will reevaluate the need for a Budget
amendment for leave cash out at the time of the mid-year Budget amendment report to the
City Council. Allowing the option of leave cash out on an annual basis reduces the amount of
accumulated leave to be cashed out at a potentially higher rate of pay at the time of
termination of employment.
Adoption of a revised Salary Plan Resolution is a separate agenda item for the August 15
regular meeting to approve the 2.0% cost of living increase for the Competitive Service
employees subject to City Council approval of the MOU. What is included in this MOU is a
retroactive 2% cost-of-living raise that would be effective with the pay period beginning July 7,
2018, which was the pay check date of July 27, 2018. The overall estimated cost for the 2.0%
salary increase for Competitive Service employees for Fiscal Year 2018-19 is approximately
$43,000. A 1.0% salary increase for Fiscal Year 2019-20 would be approximately half the
cost depending upon the number of employees and actual salaries paid. The adopted Fiscal
Year 2018-19 Budget did not incorporate the 2% cost-of-living increase for salaries. As
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described in the agenda report for Fiscal Year 2018-19 Budget adoption, there is a budget
surplus. If the City Council approves the proposed MOU and the Salary Plan Resolution that
includes the cost-of-living increase, a Budget amendment resolution to fund the cost-of-living
increase for all employees for Fiscal Year 2018-19 will be scheduled for the City Council’s
regular September 5, 2018 regular meeting. The agenda report for the Salary Plan
Resolution on the August 15, 2018 agenda includes a staff recommendation to schedule a
Budget amendment resolution for the City Council’s regular September 5, 2018 regular
meeting to fund the approved Fiscal Year 2018-19 cost-of-living increase for all employees.
The insurance benefits described in the draft MOU have not been revised, and the new Fiscal
Year 2018-19 Budget includes funding for up to a 10 percent increase for the CalPERS
medical insurance cost beginning in 2019. As described in this report, the actual medical
insurance cost to the City should be less based on the adopted CalPERS rates for 2019.
STAFF RECOMMENDATION
Approve the new MOU with SEIU Local 721 for the time period from July 1, 2018, through
June 30, 2020, subject to City Manager final language approval, and authorize the City
Manager to sign the new MOU.
Attachments:
1. Draft MOU showing revisions with legislative format
2. Email from SEIU Local 721 dated 8/8/2018
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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, 20178, up to and including Midnight, June
30, 201820.
Sec. 102 SUCCESSOR MOU: For negotiation of a successor to the 20178-201820
MOU, Local 721 shall provide to the City Manager during the period of March
1, 201820, through JuneMay 1, 201820, or March 1 through JuneMay 1 of
any year after 20178, 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.
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:
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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
Maintenance Specialist
Maintenance Worker I, II, and III
Office Assistant I, II, and III
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 III
Recreation Specialist
Senior Account Technician
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
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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
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
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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 2827, 20178, 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.
Effective with the paycheck dated July 26, 2019, the City agrees to adjust
wages of classes in the bargaining units covered by this MOU by a one
percent (1.0%) cost-of-living increase. Should the City’s Non-Competitive
Service employees receive a cost-of-living increase higher than one percent
(1.0%) for Fiscal Year 2019-2020, 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
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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 eligible
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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%)
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.
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
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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.
City is not required to meet and confer on its decision to change providers for
dental, life, and/or vision insurance (including a change in the provider
network) during the term of this MOU, so long as the insurance coverage
provided has generally the same level of benefits.
B. Medical Insurance:
July 1, 20178, through June 30, 201820, Medical Insurance Cafeteria
Plan: The City shall continue a cafeteria plan (Section 125 Premium-Only
Plan) for medical insurance. Beginning July 1, 20178, through June 30,
201820, 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.
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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 is not required
to meet and confer on its decision to cancel supplemental short-term
disability insurance. 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. City agrees to maintain generally the same level of
employee assistance program coverage, although the provider network and
specific benefits may vary based on the package of benefits offered and the
preferred provider network. City is not required to meet and confer on its
decision to change providers for the employee assistance program, including
any change in the provider network, during the term of this MOU, so long as
the employee assistance program coverage provided has generally the same
level of benefits.
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.
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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.
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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,
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; Maintenance Specialist; Maintenance
Worker I, II, and III; Planning Technician, Public Works Technician,
Recreation Assistant I and II; Recreation Coordinator I, II, and III; 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.
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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);
85 to 96 Months – 7.70 hours per pay period (equivalent to approximately 25
eight-hour days per year);
97 to 108 Months – 8.0000 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 20178-20189 and 2019-2020, 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
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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 September 2017 November or first pay period beginning in
March 2018. 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. is
defined as hours worked in excess of 40 hours in a work week. 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
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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.
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.
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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 ($1,200.00) per fiscal year, and a lifetime maximum of
Six Thousand Dollars ($6,000.00) in accordance with the provisions of this
Article. The available funding for the program shall be subject to the annual
fiscal year budget appropriation by the City Council. The amount of
reimbursement shall not exceed the then applicable fees and charges used
by the California State College and University System. An eligible employee
may request a funding advancement to cover the costs associated with one
course per fiscal year. Such request shall be made in writing to the City
Manager and shall describe the financial hardship or other reasons for
necessitating the proposed advancement.
Sec. 1005 COSTS NOT COVERED: In terms of both time and money, the following
costs are not covered by this program:
A. Courses must be taken on the employee's own time, or accumulated
compensatory time or annual leave approved in advance by the Department
Head. Department Heads are encouraged to adjust schedules whenever
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possible to allow employees to attend classes and make up any time lost.
The intent of this Section is to not provide for time off with pay.
B. Neither transportation nor mileage reimbursement are provided for by this
program.
C. Parking fees, meals and other costs not specifically covered in this program
will not be paid by the City.
D. Costs for which reimbursement is received from other sources are not
covered. Portions not covered from other sources will be paid by the City up
to the maximum as provided by this Article so long as the other provisions of
this Article are met.
E. Conventions and conferences are not covered by this reimbursement
program.
F. Courses in preparation for a Juris Doctorate (law) degree are not covered by
the program.
G. Preparation courses for professional certifications, testing for said licenses
are not covered by this program.
Sec. 1006 TEXTBOOK AND TUITION PROGRAM ADMINISTRATION: Each
Department Head is responsible for the administration of this program for
employees assigned to his/her department. Only those employees who
receive at least a satisfactory performance evaluation during the most recent
evaluation period shall be eligible for this program. Employees shall provide
their Department Head with notice of intent to 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 may develop such forms and additional procedures
which he/she deems necessary to accomplish the intent of this textbook and
tuition program.
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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;
13. Christmas Eve (December 24) as follows:
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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 (2
½) 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,
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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
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 ASSOCIATIONSEIU 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
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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 onetwo 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
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 INTERDEPARTMENTAL MESSENGER SERVICE (BROWN MAIL) AND
USE OF CITY FACSIMILE (FAX) MACHINE, COPYIER, MACHINES, OR
PRINTERS, MAILBOXES, LAND LINE PHONES AND CELL PHONES:
The County's interdepartmental messenger service (brown mail) may be
used for individual business-oriented communication between employees
who are represented by Local 721 and between the paid staff of Local 721
and such employees, provided that paid staff of Local 721 shall pick up and
deliver all messages being communicated outside the City's/County's normal
distribution route and provided written concurrence for use of the brown mail
is received from the County of Ventura and said service is at no cost to the
City.
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The City's FAX may be used for business-oriented communication between
employees who are represented by Local 721 and between the paid staff of
Local 721 and such employees, provided that the City's established fees for
sending a FAX and the standard paper copy charge for receiving a FAX be
paid by Local 721 or the employee receiving such communication.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: 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 the Regional Director of 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.
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
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section, and to reimburse the City for its costs in defending against any such
claims, proceedings, or liability.
Sec. 1205 UNION SECURITY “AGENCY SHOP”: This article summarizes the
arrangement between the City and Local 721 concerning Agency Shop as
defined in Section 3502.5 of the Government Code relating to public
employment.
All General Unit employees who choose not to become members of Local
721 shall be required to pay to Local 721 a representation service fee that
represents such employee’s proportionate share of Local 721 cost of legally
authorized representation services, on behalf of the unit employees in their
relations with the City. In conformance with Government Code 3502.5(a),
such representation service fee shall in no event exceed the regular periodic
membership dues paid by General Unit employees who are members of
Local 721. The representation service fee shall not reflect expenditures
which a court of competent jurisdiction has determined to be non-chargeable,
including political contributions to candidates and parties, members only
benefits, charitable contributions and ideological expenditures and, to the
extent prohibited by law, shall not reflect expenditures for certain aspects of
lobbying, ballot measures, publications, organizing and litigation. All General
Unit employees shall be subject to the terms of this section immediately after
becoming an employee of the City.
Any employee who is a member of a bona fide religion, body, or sect that
has historically held conscientious objections to joining or financially
supporting public employee organizations shall not be required to join or
financially support Local 721 as a condition of employment. Upon
determination by the City Manager and the Local 721 Regional Director that
an employee qualifies as a conscientious objector, the employee shall be
required, in lieu of periodic dues or Agency Shop representation service fee
to pay sums equal to the Agency Shop representation service fee to one of
the following nonreligious, nonlabor charitable funds exempt from taxation
under Section 501(c)(3) of the Internal Revenue Code: Community Care
Services of Moorpark, Moorpark Community Services Center and Food
Pantry, Moorpark/Simi Valley Neighborhood for Learning, or United Way of
Ventura County. As a condition of continued exemption from the requirement
of financial support to Local 721, the employee shall be required to have the
charitable fund payments made through payroll deduction each pay period.
As a condition of the Agency Shop arrangement, Local 721 shall keep an
adequate itemized record of its financial transactions and shall make
available, within ten (10) days of receiving a written request from an
employee represented by Local 721 or by the City Manager or his/her
designee, a detailed written financial report thereof in the form of a balance
sheet and an operating statement, certified as to accuracy by its president
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and treasurer or corresponding principal officer, or by a certified public
accountant.
Local 721 shall make available annually to General Unit employees required
to pay an Agency Shop representation service fee under this arrangement, at
its expense, a notice of Local 721’s computation of chargeable and non-
chargeable expenses, the procedure to object and obtain an advance rebate
of non-chargeable expenditures, and their right to object to the payment of
certain union expenses and an escrow and administration appeals procedure
for challenging the amount of the fee that complies with the requirements of
applicable law. A copy of such notice shall also be provided to the City
Manager or his/her designee within ten (10) days upon receiving a written
request. For the term of this MOU, the City will not make any change in the
deduction amount for the Agency Shop representation service fee, unless
the required notice is provided in compliance with the requirements of
applicable law and this MOULocal 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. 1206 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. 1207 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 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
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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.
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, includingand 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
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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;
Facilities Technician; Laborer/Custodian IV; Maintenance Specialist;
Maintenance Worker I, II, and III; 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 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, including designated and Local 721 Union
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representatives 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.
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 read generally as
follows:be consistent with City Council Policy 2.18.
Section 2.14. Employment of Family Members: An applicant for a position,
with a relative currently employed by the City, may not be denied the right to
file an application for employment and compete in the examination process.
Following the examination, if the applicant is successfully certified as eligible,
employment may be prohibited by the City Manager where such
employment:
a. Places one relative under the supervision of the other relative, thus creating
a potentially adverse impact on supervision, safety, security, morale or
conflicts of interest.
b. Places both relatives in the same department, division or facility, thus
creating a potentially adverse impact on supervision, safety, security, morale
or conflicts of interest.
c. Would have one of the relatives in a position with access to information
concerning confidential personnel matters, which may compromise such
confidential information.
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d. The applicant for employment is a relative of a then current member of the
City Council, City Manager, or City employee designated as Personnel
Director or Personnel Officer.
e. The applicant for employment is a relative of a then current member of a City
Council appointed commission or board.
For the purposes of this Section, a “relative” shall be defined to include the
following: mother, father, grandfather, grandmother, aunt, uncle, cousin,
sister, brother, son, daughter, son-in-law, daughter-in-law, nephew, niece,
grandchild, mother-in-law, father-in-law, brother-in-law, sister-in-law, spouse
as defined as a partner in marriage (California Civil Code Section 4100), and
domestic partner as defined by California Family Code Section 297 and
including the requirement for the filing of a Declaration of Domestic
Partnership with the Secretary of State. In addition, a “relative” shall be
defined to include non-blood relatives as a result of a subsequent marriage
commonly referred to as a step-relative, including but not limited to step-
mother, step-father, step-sister, step-brother, step-son, step-daughter, step-
grandchild, step-mother-in-law, step-father-in-law, step-brother-in-law, and
step-sister-in-law.
C. Paragraph 3 of Section 4.12 of the Personnel Rules will be revised to be
consistent with Section 901 of the MOU be generally asconsistent with the
followsing:
Compensation for authorized 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 in lieu of overtime pay. For
purposes of calculating overtime, preapproved annual leave and observed
holidays shall be credited as time worked during the workweek, and
preapproval time for annual leave shall be no less than one (1) week in
advance of planned use. 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. Upon termination, employees shall be
compensated for accumulated compensatory time off.
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
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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
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. The last sentence of Section 4.13 of the Personnel Rules will be revised to
be generally consistent with the following:
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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;
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 department head
subject to the written approval of the City Manager. In order for the
reimbursement to the City to be deferred, the employee shall be required to
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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
and/or disciplinary action. 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 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. Section 13.10 of tAt 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 13.11 of the Personnel Rules will be revised to be consistent with the
provisions of the Federal Family and Medical Leave Act.
J. Section 13.12 of the Personnel Rules will be revised to be consistent with the
provisions of the California Family Rights Act.
KI. 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
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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. 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.
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.
L. All applicable Sections of the Personnel Rules will be revised to be
consistent with the Affordable Care Act as may be required.
M. All applicable Sections of the Personnel Rules will be revised to be
consistent with provisions of California’s Paid Sick Leave Law ( Labor Code
Sections 245-249) and Kin Care Law (Labor Code Sections 233-234) as may
be required.
NJ. 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.O. All applicable Sections of the Personnel Rules will be revised to be
consistent with provisions of the Fair Labor Standards Act, including leave
rules.
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.
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PL. 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.
Q. 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.
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;
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;
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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 confer in good faith concerning such invalidation including whether a replacement
benefit or provision is necessary and appropriate.
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IN WITNESS WHEREOF, the parties hereto have caused this MOU between Local 721 and
the City to be executed on July_______ ___, 20178, following ratification by the City Council
at a regular meeting on July August 15, 20178
ON BEHALF OF THE CITY:
____________________________
Troy Brown, City Manager
ATTEST:
____________________________
Maureen Benson
City Clerk
ON BEHALF OF LOCAL 721:
___________________________
Danny Carrillo, SEIU Local 721
Chief Negotiator
___________________________
Leonardo Mendez, SEIU Local 721
General Unit Representative
___________________________
Kat Valencia, SEIU Local 721
General Unit Representative
___________________________
, SEIU Local 721
Supervisory/Confidential Unit
Representative
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1
Deborah Traffenstedt
From:Danny Carrillo
<Danny.Carrillo@seiu721.org>
Sent:Wednesday, August 08, 2018 7:13 PM
To:Troy Brown; Deborah Traffenstedt
Cc:Wendy Basgall
Subject:SEIU 721 Ratification Vote
Hello,
Members overwhelming ratified our tentative agreement today. We nearly had 100% of membership participation in
this vote.
Please consider this email our notice to the City of a successful SEIU 721 member ratification.
Thank you,
Danny
Danny Carrillo
Tri‐Counties Regional Director
SEIU Local 721
2472 Eastman Ave. #30, Ventura, CA 93003
(805)650‐4429
(805)901‐0799 cell
(805)650‐1028 fax
This message and any attachments may contain confidential or privileged information and intended solely for the use of
the individual or entity to whom they are addressed. If you have received this e‐mail in error please notify the system
manager immediately and delete this e‐mail from your system. If you are not the named addressee you should not
disseminate, distribute or copy this e‐mail. If you are not the intended recipient, you are notified that disclosing,
copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.
85