HomeMy WebLinkAboutItem 2i: Resolution 6793 - Compensation and Benefits for Police Civilian Employees of AR0
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Administrative Services Department
DATE: August 16, 2011
TO: Mayor and City Council
FROM: Hue C. Quach, Administrative Services Director Irk2
Michael A. Casalou, Human Resources Administrat
SUBJECT: Resolution No. 6793 establishing compensation and related benefits for
employees represented by the Arcadia Police Civilian Employees
Association (APCEA)
Recommendation: Adopt
SUMMARY
Resolution No. 6793 establishes terms of employment and compensation for City
employees represented by the Arcadia Police Civilian Employees Association (APCEA).
Pursuant to the Meyers-Milias-Brown Act, the City has met and conferred in good faith
concerning wages, benefits and working conditions with the APCEA. At the time of this
report, staff has not reached agreement with the APCEA. However, a meeting is
scheduled for Friday, August 12, 2011, and if agreement is reached, the MOU will be
provided at the August 16, 2011 City Council Meeting as an attachment to this
resolution. If agreement is reached, staff is recommending the City Council adopt
Resolution No. 6793, establishing compensation and benefits as outlined in the
Memorandum of Understanding (MOU).
DISCUSSION
As mentioned, at the time of this report, staff has not yet reached agreement with the
APCEA. An impasse has been declared and an impasse meeting has been scheduled
for August 12, 2011. Should an agreement be reached, the most significant changes to
the MOU will focus on pension reform items. The resolution presented for adoption will
reflect a continuation of past compensation and benefits, as well as new items where
agreements have been reached.
Should an agreement not be reached prior to the August 16, 2011 City Council meeting,
this item will be pulled from the agenda and a separate report will be heard concerning
the impasse.
Mayor and City Council
August 16, 2011
Page 2 of 2
FISCAL IMPACT
At the time of this report, no agreement has been reached with the APCEA. If an
agreement is reached prior to the August 16, 2011 City Council meeting, a
determination of the fiscal impact will be presented at that time.
RECOMMENDATION
Adopt Resolution No. 6793 of the City Council of the City of Arcadia, California
establishing compensation and related benefits for employees represented by the
Arcadia Police Civilian Employees Association.
APPROVED:
Don Penman, City Manager
RESOLUTION NO. 6793
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING A MEMORANDUM OF
UNDERSTANDING ESTABLISHING COMPENSATION AND
RELATED BENEFITS FOR EMPLOYEES REPRESENTED BY THE
ARCADIA POLICE CIVILIAN EMPLOYEES ASSOCIATION ("APCEA")
FOR JULY 1, 2011 THROUGH JUNE 30, 2014
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES
HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves that certain Memorandum of
Understanding ("MOU") by and between the City of Arcadia and the Arcadia Police
Civilian Employees Association ("APCEA") dated effective as of July 1, 2011, a copy of
which is attached hereto. The City Manager is hereby authorized and directed to
execute this Memorandum of Understanding on behalf of the City. The salary and
benefits for employees represented by APCEA shall be those set forth in the
Memorandum of Understanding.
SECTION 2. This Resolution shall become effective immediately upon its
adoption and the City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this day of , 2011.
Mayor of the City of Arcadia
ATTEST:
City Clerk
APPROVED AS TO FORM?
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Stephen P. Deitsch
City Attorney
CITY OF ARCADIA
AND
ARCADIA POLICE CIVILIAN EMPLOYEES
ASSOCIATION
V
CITY OF
ARCADIA
MEMORANDUM OF UNDERSTANDING
JULY 1, 2011 - JUNE 30, 2014
Table of Contents Page
PREAMBLE 1
ARTICLE I 2
Section A. PARTIES AND RECOGNITION 2
Section B. APPROPRIATE UNIT 2
Section C. MUTUAL RECOMMENDATION AND IMPLEMENTATION 2
Section D. AUTHORIZED AGENTS 2
Section E. NOTICE 3
ARTICLE II 3
Section A. TERM 3
Section B. SAVINGS CLAUSE 3
Section C. NO STRIKE CLAUSE 3
ARTICLE III ASSOCIATION RIGHTS 4
Section A. AGENCY SHOP AGREEMENT 4
Section B. RIGHT TO JOIN 7
Section C. USE OF BULLETIN BOARDS 7
Section D. PAYROLL DEDUCTION 7
Section E. ASSN DESIGNATED PROFESSIONAL STAFF & STEWARDS 8
Section F. REASONABLE NOTICE 9
Section G. LIST OF NAMES 10
ARTICLE IV MANAGEMENT RIGHTS 10
ARTICLE V COMPENSATION AND RETIREMENT 10
Section A. SALARY SCHEDULES 10
Section B. RETIREMENT 11
Section C. PROMOTION OR ADVANCEMENT 12
Section D. PERCENTAGES BETWEEN STEPS 12
Section E. ADVANCEMENT THROUGH STEPS 13
ARTICLE VI HOURS 13
Section A. OVERTIME 13
Section B. REST PERIODS 14
Section C. WORK SCHEDULES is
ARTICLE VII STABILITY PAY/LONGEVITY PAY 15
Section A. STABILITY PAY 15
Section B. LONGEVITY PAY 15
ARTICLE VIII TUITION LOAN/REIMBURSEMENT 16
ARTICLE IX MILEAGE REIMBURSEMENT 17
ARTICLE X HEALTH, DENTAL AND LIFE INSURANCE 18
Section A. CONTRIBUTION 18
Section B. ELECTION OPTIONS 18
Section C. PERMANENT PART-TIME EMPLOYEES 19
Section D. RETIREE HEALTH EMPLOYEES HIRED BEFORE JULY 1, 2011 . 20
Section E. RETIREE HEALTH EMPLOYEES HIRED ON/AFTER JULY 1, 2011 22
ARTICLE XI DISABILITY INCOME INSURANCE 23
ARTICLE XII MEDICAL EXAMINATIONS 23
Section A. 23
Section B. 23
ARTICLE XIII UNIFORMS 23
Section A 23
Section B. 23
Section C. 24
ARTICLE XIV LEAVES OF ABSENCE 24
Section A. NON-MEDICAL LEAVES WITHOUT PAY 24
Section B. FAMILY CARE AND MEDICAL LEAVES 25
Section C. TEMPORARY MILITARY LEAVE 25
Section D. VACATION LEAVE 26
Section E. SICK LEAVE 28
Section F. BEREAVEMENT LEAVE 30
Section G. HOLIDAYS 30
Section H. JURY LEAVE 32
Section I. COURT WITNESS LEAVE 32
Section J. INDUSTRIAL ACCIDENT LEAVE 32
ARTICLE XV PROBATIONARY PERIOD 33
Section A. 33
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Section B. 33
Section C. 34
Section D. 34
Section E. 34
ARTICLE XVI SPECIAL PAY 34
Section A. ACTING PAY 34
Section B. CALL-BACK PAY 35
Section C. BILINGUAL PAY 35
Section D. DISPATCH/RECORDS/CSO TRAINING PAY 35
ARTICLE XVII LAYOFFS 35
Section A. LAYOFF PROCEDURE 35
Section B. RE-EMPLOYMENT LIST 36
Section C. DEFINITIONS 36
ARTICLE XVIII PERSONNEL FILES 37
Section A. 37
Section B. 37
ARTICLE XIX EMPLOYEE GRIEVANCES 38
Section A. DEFINITIONS 38
Section B. TIMELINESS 39
Section C. EMPLOYEE REPRESENTATION 39
Section D. INFORMAL GRIEVANCE PROCEDURE 39
Section E. FORMAL GRIEVANCE PROCEDURE 39
Section F. APPEAL TO HUMAN RESOURCES COMMISSION 41
ARTICLE XX DISCIPLINARY ACTIONS 45
Section A. DISCIPLINARY ACTION 45
Section B. SALARY REDUCTION 46
Section C. UNAUTHORIZED ABSENCE 46
ARTICLE XXI FULL UNDERSTANDING 47
2011 Negotiation Teams 48
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PREAMBLE
It is the purpose of the Memorandum of Understanding to promote and provide for
harmonious relations, cooperation and communication between City Management and
the City employees covered by this Memorandum. As a result of good faith negotiations
between City Management representatives and Association representatives, this
Memorandum sets forth the Agreement regarding wages, hours, and other terms and
conditions of employment for the employees covered by this Memorandum. This
Memorandum provides for an orderly means of resolving differences which may arise
from time to time during its term.
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ARTICLE
Section A. PARTIES AND RECOGNITION
The Memorandum of Understanding is made and entered into between
the management representatives of the City of Arcadia, hereinafter
referred to as the "City", and representatives of the Arcadia Police Civilian
Employees Association, a formally recognized exclusive employee
organization, hereinafter referred to as the "Association", pursuant to the
provisions of the Meyers-Milias-Brown Act, Government Code Sections
3500 et seq.
Section B. APPROPRIATE UNIT
The classifications covered by this agreement are:
Community Services Officer
Dispatcher I & II
Dispatch Services Supervisor
Logistical Services Officer
Police Records Technician I & II
Property, Evidence, Crime Scene Technician
Senior Police Records Technician
Section C. MUTUAL RECOMMENDATION AND IMPLEMENTATION
This Memorandum of Understanding constitutes a mutual
recommendation to be presented to the City Council, subsequent to the
ratification meeting by the membership of the Association. It is agreed that
this memorandum shall not be binding upon the parties either in whole or
in part unless and until the City Council formally acts, by majority vote, to
approve and adopt said Memorandum.
Section D. AUTHORIZED AGENTS
The City's principal authorized agent shall be the City Manager, 240 W.
Huntington Drive, Arcadia, California, 91007, except where a particular
City representative is specifically designated in connection with the
performance of a specific function or obligation set forth herein.
The Association's authorized representative is its elected President, 250
W. Huntington Drive, Arcadia, California, 91007.
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Section E. NOTICE
The City agrees to give the Association notice of any changes, additions,
or deletions of bargaining unit classifications to facilitate any potential
challenge the Association wishes to file. The agenda will be emailed to the
Association's authorized representative at the same time the agenda is
sent to Commission members. The Association shall be responsible for
providing the City with the authorized agent's email address.
ARTICLE II
Section A. TERM
The parties have met and conferred in good faith regarding wages, hours
and other terms and conditions of employment and it is mutually agreed
that, unless otherwise stated therein, this Memorandum of Understanding
shall be effective upon ratification of the City Council and shall cover the
term July 1, 2011 through and including June 30, 2014.
Section B. SAVINGS CLAUSE
If any provision or the application of any provision of this agreement as
implemented should be rendered or declared invalid by any final court
action or decree or by reasons of any preemptive legislation, the
remaining Sections of this agreement shall remain in full force and effect
for the duration of said agreement. In the event any section of this
Memorandum is declared invalid, the City agrees to meet and confer with
the Association, upon request, regarding the impact or implementation of
the court order or decree or legislation.
Section C. NO STRIKE CLAUSE
1. It is agreed and understood that there will be no concerted strike,
sympathy strike, work stoppage, slow-down, obstructive picketing, or
concerted refusal or failure to fully and faithfully perform job functions
and responsibilities, or other concerted interference with the operations
of the City by the Association or by its officers, agents, or members
during the term of this Agreement. Compliance with the request of
other labor organizations to engage in such activity is included in this
prohibition.
2. The Association recognizes the duty and obligation of its
representatives to comply with the provisions of this Agreement and to
make every effort toward inducing its members not to strike, stop work,
slow-down, or picket obstructively, and the Association agrees in good
faith to actively take affirmative action to cause those employees to
cease such action.
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3. It is agreed and understood that any employee concertedly violating
this article may be subject to disciplinary action up to and including
discharge. For purposes of this article, any employee disciplined in
accordance with this section shall be eligible to utilize the Disciplinary
Appeals Procedure as referenced in Section XX of this Agreement.
4. It is understood that in the event the City alleges that this Article has
been violated, both parties shall retain any and all rights and remedies
under the law to which they would otherwise be entitled.
5. An alleged violation of this section during the term of the Agreement
shall not prejudice the City's right to assert the illegality of any
concerted activities mentioned above if engaged in by the Association
or employees, nor the Association's right to defend itself or its
members. Upon the expiration of this Agreement, this language shall
not prevent the Association from engaging in such concerted activities
mentioned above, to the extent such activities are otherwise legal for
public employees to participate in under California and/or federal law.
ARTICLE III ASSOCIATION RIGHTS
Section A. AGENCY SHOP AGREEMENT
1. Legislative Authority. The City and the Association mutually
understand and agree that in accordance with State of California law,
the Association has adopted and implemented an Agency Shop
provision wherein, as a condition of continued employment, all
bargaining unit employees must either:
a. Elect to join the Association and pay Association dues;
b. Pay an agency fee for representation; or
c. With a religious exemption, pay a fee equal to the agency fee to be
donated to selected charities.
The agency shop provision for the Association is herby deemed
implemented, in conformity with California law.
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2. Association Dues/Agency Fee Collection. Effective with the pay period
beginning June 6, 2010, the Administrative Services Department shall
deduct Association dues, agency fee and religious exemption fees
from all employees who have signed a written authorization and a copy
of that authorization has been provided to the Administrative Services
Department. Employees on leave without pay or employees who earn
a salary less than the Association deduction shall not have an
Association dues or agency fee deduction for that pay period.
The Association shall notify the City of any agency fee payer who
elects to only pay fair share fees, the fee equal to direct representation
costs as determined by the Association's certified financial report. The
Association shall notify the City of the amount of the fair share fee to
be deducted from the fair share fee payer's paycheck.
3. New Hire Notification. All new hires in classifications represented by
the Association shall be informed by the Human Resources Office of
the Administrative Services Department, at the time of hire, that an
Agency Shop Agreement is in effect for their classification. The
employee shall be provided a copy of this Agreement, and a form,
mutually developed between the City and the Association that outlines
the employee's choices under the Agency Shop agreement.
The employee shall be provided thirty (30) calendar days from the date
of hire to select their choice and provide a signed copy of that choice to
the Administrative Services Department. The Association may request
to meet with new hires at a time and place mutually agreed upon
between the Department Head and the Association.
4. Failure to Pay Dues/Fees. All unit employees who choose not to
become members of the Association shall be required to pay to the
Association a representation service fee that represents such
employee's proportionate share of the cost of representation of unit
employees. Such representation service fee shall in no event exceed
the regular, periodic membership dues paid by unit employees who are
members of the Association. A bargaining unit employee who refuses
to authorize payroll deductions for dues, fair share fees, or charitable
contributions equal to the cost of fair share fees will be terminated from
employment by the City.
5. Leave Without Pay/Temporary Assignment Out of Unit. Employees on
an unpaid leave of absence or temporarily assigned out of the unit as a
Supervisor shall be excused from paying dues, agency shop fees, or
charitable contributions.
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6. Religious Exemption. Any employee who is a member of a religious
body whose traditional tenets or teachings include objections to joining
or financially supporting employee organizations shall not be required
to pay an agency fee, but shall pay by means of mandatory payroll
deduction an amount equal to the agency fee to a non-religious, non-
labor charitable organization exempt from taxation under Section
501(c)(3) of the Internal Revenue Code. Those fees shall be remitted
by the City, at the choice of the employee, to one of the following non-
labor, non-religious charitable organizations: United Way or American
Red Cross.
To qualify for the religious exemption the employee must provide to the
Association, with a copy to the City, a written statement of objection,
along with verifiable evidence of membership in a religious body as
described above. The City will implement the change in status within
thirty days unless notified by the Association that the requested
exemption is not valid. The City shall not be made a party to any
dispute arising relative to the determination of religious exemptions.
Any of the above-described payment obligations shall be processed by
the City in the usual and customary manner and time frames.
7. Records. The Association shall keep an adequate itemized record of
its financial transactions and shall make available annually, to the City
and to Agency Fee payers, within sixty (60) days after the end of its
fiscal year, a written financial report thereof in the form of a balance
sheet certified as to accuracy by its president and treasurer or
corresponding principal officer, or by a certified public accountant. The
City shall provide the Association a list of all unit members and their
individual payment status with each Association dues check remitted to
the Association.
8. Rescission of Agreement. The Agency Shop agreement may be
rescinded at any time during the term of the Memorandum of
Understanding by a majority vote of all the employees in the bargaining
unit. A request for such vote must be supported by a petition
containing the signatures of at least thirty (30) per cent of the
employees in the unit. The election shall be by secret ballot and shall
be conducted in accordance with state law by the California State
Mediation and Conciliation Service.
9. Indemnification. The Association shall indemnify, defend and hold the
City harmless from and against all claims and liabilities as a result of
implementing and maintaining this Agency Shop Provision.
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Section B. RIGHT TO JOIN
The City and the Association recognize the right of the employees to form,
join, and participate in lawful activities of employee organizations and the
equal alternative right of employees to refuse to join or participate in
employee organization activities.
During the term of this Agreement, including periods of negotiations of a
successor agreement, all bargaining unit members who choose to become
members of the Association shall be required to maintain their
membership in the Association in good standing, subject however, to the
right to resign from membership no sooner than April 15, or later than May
15, of the year this Agreement expires. Any unit member may exercise the
right to resign by submitting a written notice to the Association and to the
City during the resignation period. Bargaining unit members who resign
under this section shall still be obligated to pay either agency fees or
religious exemption charitable contributions if they qualify.
The City and the Association agree that neither party shall discriminate
nor retaliate against any employee for the employee's participation or non-
participation in any Association activity.
Section C. USE OF BULLETIN BOARDS
The City shall provide a designated locking bulletin board for the
Association's use where bargaining unit employees have access during
their normal working hours:
1. All postings for bulletin boards must contain the date of posting and
the identification of the organization; and
2. The Association will not post information which is defamatory,
derogatory or obscene, subject to the immediate removal of the
right to post for a period not to exceed ninety (90) days.
Section D. PAYROLL DEDUCTION
From the second paycheck of each month the City will deduct from the
pay of each bargaining unit member except those claiming religious
exception, and there after remit to the Association, the total sum of all
dues, fair share fees and any other designated amounts as voluntarily
authorized in writing by the employee:
1. Such deduction shall be made after submission by the Association
to the designated City representative of an agreed deduction form
signed by the employee.
2. The City shall not be obligated to put into effect any new, changed
or discontinued deduction until the pay period commencing fifteen
days or longer after such submission.
Every effort will be made to remit dues to the Association within two (2)
weeks of collection by the City.
The Association agrees to indemnify and hold the City harmless against
any and all suits, claims, demands and liabilities that may arise out of, or
by reason of, any action that shall be taken by the City for the purpose of
complying with this Section.
Section E. ASSOCIATION DESIGNATED PROFESSIONAL STAFF & STEWARDS
Subject to supervisory approval, nothing herein shall be construed to
prevent an employee from contacting the Human Resources Administrator
or other management representatives regarding personnel related matters
during working hours.
Designated professional staff of the Association shall be provided
reasonable access to work locations during working hours. Prior to visiting
any work location, the Association staff representative shall contact the
Human Resources Administrator, or designee, to advise of the general
purpose of the visit and which specific area(s) will be visited. Access will
not be unreasonably denied.
In the event the requested time and/or location of such visit by the
designated professional staff is denied, the Human Resources
Administrator, or designee, shall set an alternative time for such visit
within forty-eight (48) hours.
The Association may schedule meetings in the City Conference rooms or
the City Council Chambers subject to the same restrictions as other
organizations/individuals.
1. The Association Officers and Directors, not to exceed four (4)
employees, shall serve as the Association Stewards (Stewards) for
the organization and are authorized to represent their fellow
employees.
The Association shall notify the employer annually in writing of the
names of its Officers, Directors, and Stewards.
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2. The Stewards shall each be given at least one (1) work day without
pay per year to attend required training, provided, however, that the
employee may use vacation, compensatory time or floating holiday
time. The Association will provide one pay period's notice of the
need for such time off.
3. Additionally, as noted above, an individual Steward shall be
provided reasonable release time during their regular work shift,
which will not be unreasonably denied, for the purposes of
providing representation to the Association's members for
situations that include, but is not limited to:
a. Representation at a meeting that is reasonably expected to
result in discipline.
b. Representation at a grievance hearing.
c. Special meeting with Human Resources Administrator,
designee, or any other City Management representative to
resolve problems within the scope of bargaining.
d. A fifteen (15) minute orientation period with new hires at the
beginning of any new unit employee orientation conducted by
the Human Resources Division.
4. Up to five (5) members of the Association negotiating team shall be
allowed reasonable time off without loss of compensation or
benefits when formally meeting and conferring with City
representatives on matters within the scope of representation. This
shall include 1/2 hour immediately before the meet and confer
sessions and 1/2 hour after the meet and confer sessions.
Section F. REASONABLE NOTICE
Except in the case of a bona fide emergency, the City will provide at least
fifteen (15) business days notice prior implementation of changes to
matters within the scope of representation as defined under the MMBA.
The City shall electronically communicate a copy of each agenda for all
City Council and/or Human Resources Commission meetings to the
Association President.
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Section G. LIST OF NAMES
Within fifteen (15) working days, the Association shall email the City a
revised list showing any changes in list of Officers and Directors of the
Association. The Association shall also email the City with the names of
any professional Staff Representative retained by the Association. Within
fifteen (15) working days, the City shall email the Association regarding
any change of designated representatives.
ARTICLE IV MANAGEMENT RIGHTS
Except as limited by the specific and express terms of this Agreement, the City hereby
retains and reserves unto itself all rights, powers, authority, duty and responsibilities
confirmed on and vested in it by the laws and the Constitution of the State of California,
the Charter of the City of Arcadia and/or the laws and Constitution of the United States
of America.
The management and the direction of the work force of the City is vested exclusively in
the City, and nothing in this Agreement is intended to circumscribe or modify the
existing rights of the City to direct the work of its employees; hire, promote, demote,
transfer, assign and retain employees in positions within the City, subject to the
Personnel Rules and Regulations of the City; suspend or discharge employees for
proper cause; maintain the efficiency of governmental operations; relieve employees
from duties for lack of work or other good reason; take action as may be necessary to
carry out the City's mission and services in emergencies; and to determine the methods,
means and personnel by which the operations are to be carried out, including the right
to subcontract unit work.
ARTICLE V COMPENSATION AND RETIREMENT
Section A. SALARY SCHEDULES
The City agrees to increase base salaries of classifications covered by this
MOU in the amount of Two point three four percent (2.34%), effective July
1, 2011, and two point three three percent (2.33%), effective July 1, 2012
and July 1, 2013. The salary schedules for classifications covered by this
MOU are set forth on Exhibit A and incorporated herein.
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Section B. RETIREMENT
1. EMPLOYEES HIRED BEFORE JULY 1, 2011
The City's existing contract with CaIPERS provides for the 2.5% @ 55
retirement formula. Effective July 1, 2011, employees agree to make
contributions to offset a portion of the City's costs related tp CaIPERS
retirement benefits. The employee cost-sharing will be accomplished
through pre-tax deductions in the manner contemplated by Section
20516(f) of the Government Code. The parties recognize that the IRS has
yet to take a position on the pre-tax status of deductions made under
Section 20516(f) and in the event that, subsequent to the effective date of
this provision, the IRS determines that that such deductions do not qualify
for pre-tax status, the parties agree to meet and discuss the effects
thereof. The cost-sharing arrangement will be implemented as follows:
a. Effective July 1, 2011, employees will pay two point three
four percent (2.34%) of PERSable compensation to
CaIPERS retirement via payroll deduction;
b. Effective July 1, 2012, employees will pay an additional two
point three three percent (2.33%) of PERSable
compensation to CaIPERS retirement for a total of four point
six seven percent (4.67%) via payroll deduction;
c. Effective July 1, 2013,employees will pay an additional two
point three three percent (2.33%) of PERSable
compensation to CaIPERS retirement for a total of seven
percent (7%) via payroll deduction.
(In addition to the foregoing cost sharing payments, employees shall
continue to pay the one percent (1%) member contribution currently paid
by employees.)
The City shall continue to pay the cost of the employees' normal member
contribution to CaIPERS in the amount of seven percent (7%) (EPMC) and
shall continue to report that as additional compensation pursuant to
Section 20636(c)(4) of the Government Code. Further, said amount will be
allocated to the employee's retirement account.
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2. EMPLOYEES HIRED ON OR AFTER JULY 1, 2011
For employees hired on or after July 1, 2011, the City will execute a
contract amendment for a 2nd Tier of retirement benefits with CaIPERS for
the following benefits:
a. 2% at age 60 retirement formula;
b. Three (3) year average final compensation period (Government
Code §20037);
c. Employee will pay the full seven percent (7%) member
contribution to CaIPERS via payroll deuction from date of hire;
d. Notwithstanding the foregoing, an employee hired on or after
July 1, 2011, but before the 2nd Tier retirement benefits are
effective, shall receive the retirement benefits in effect on the
date of hire; provided, however, the employee shall pay the full
member contribution of eight percent (8%)from the date of hire.
Special Compensation items shall be reported to CaIPERS in accordance
with applicable law.
The City agrees to contract with CaIPERS to provide Association with a
Military Service Credit option. It is agreed and understood that the
employee is responsible for paying for the cost of this benefit.
3. DEFERRED COMPENSATION
Employees may elect to allocate salary to the City's 457 Plan on a pre-tax
basis in accordance with the provisions of the Plan.
Section C. PROMOTION OR ADVANCEMENT IN RATE OF COMPENSATION
1. When an employee is promoted, the pay shall advance to the lowest
step in such higher range that will provide not less than an
approximate five percent (5%) increase in compensation unless the top
step in such range provides less than that amount. Such one step of
approximately five percent (5%), shall be measured by the range from
which the employee is promoted.
2. When an employee is promoted to a higher classification, the date of
promotion shall be used in determining the date of future step
increases.
Section D. PERCENTAGES BETWEEN STEPS
The parties acknowledge that the percentages between steps within a
range are approximately two and one half percent (2.5%).
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Section E. ADVANCEMENT THROUGH STEPS
The advancement through the salary steps is discretionary based upon
satisfactory performance and continuous service in the same
classification. The following schedule is the continuous service time
required for a qualified employee to receive each step increase:
A Step to C Step: 6 months
All other Steps: 12 months
Salary step advancements may be withheld or delayed by the appointing
authority if an employee's performance does not merit such advancement.
During the term of this agreement individuals will advance in their rates of
compensation two steps (approximately five percent (5%) on their
anniversary date upon receiving a satisfactory performance evaluation.
ARTICLE VI HOURS
Section A. OVERTIME
With the approval of the City Manager, and when necessary to perform
essential work, a department administrator may require an employee(s) to
work at any time other than during regular working hours until such work is
completed. Represented employees required to be in a work status
beyond forty (40) hours in a designated work week, or to work in excess of
the regularly scheduled shift, shall be paid at the rate of one and one-half
times the employee's regular hourly rate. For purposes of overtime
calculation, paid sick leave when accompanied by a doctor's slip verifying
illness and all other paid leave time shall be regarded as hours worked.
No overtime credit shall be allowed for any period less than one-quarter
hour. Overtime shall be rounded to the nearest one-quarter hour.
When a represented employee is directed by his/her department
administrator or the City Manager to attend classes or City functions at
times other than regularly scheduled work hours which cause the
employee to be in a work status in excess of 40 hours in a designated
work week, the employee shall be paid at the rate of time and one-half the
employee's regular rate of pay. This does not apply to classes or other
functions which the employee voluntarily attends.
The Department Administrator or City Manager may permit an employee
to accumulate compensatory time in lieu of paid overtime. With
Department Administrator approval, represented employees shall be
permitted to accumulate compensatory time only to a maximum of one
hundred (100) hours. When the maximum level of compensatory time is
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reached, overtime shall be paid. The scheduling of compensatory time off
shall not result in the pyramiding of overtime. Each employee may cash
out up to fifty (50) hours of their available compensatory time hours one
time during each fiscal year.
An employee who has accrued compensatory time off and has requested
use of accrued compensatory time, shall be permitted to use such time off
within a reasonable period after making the request, if such use does not
unduly disrupt the operation of the City. An employee's request to use
compensatory time shall not be denied on the basis that it would require
the payment of overtime to the replacement employee. The City will assist
employees by posting the opportunity for the shift vacancy created by the
Compensatory Time Off request, however, it is the responsibility of the
employee to find coverage, as the City will not force hire an employee to
cover the compensatory time off request.
The City shall make reasonable efforts not to revoke requests for
compensatory time off that have been approved 2 weeks prior to the date
of leave.
Section B. REST PERIODS
For each eight (8), nine (9), ten (10) and twelve (12) hour shift worked,
each represented employee, except Dispatcher I, Dispatcher II and
Dispatcher Supervisor, reasonable effort will be made to provide two (2)
fifteen (15) minute rest periods, one each approximately at the mid-point
of each one-half shift. Office personnel shall not leave City property during
break periods unless their duties so require. Rest periods are not
cumulative and may not be taken concurrently with lunch periods.
Each represented employee, except Dispatcher I, Dispatcher II, and
Dispatch Supervisor shall be provided an uninterrupted thirty (30) minute
uncompensated meal period scheduled approximately half way through
their respective shift. If the opportunity for an uninterrupted meal period is
not provided during any shift, the involved employee will receive forty-five
(45) minutes of compensatory time off added to their comp time bank or
30 minutes at time and one-half pay.
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Section C. WORK SCHEDULES
1. The City may establish and change work schedules, work times and
work hours, and assign employees thereto, in its sole discretion;
provided, however, if the City decides to eliminate a current alternate
work schedule (5/40, 9/80, 4/10, 3/12 or 3/13.20), the City agrees it will
meet and confer with the Association prior to eliminating the alternate
work schedule. If, after meeting and conferring with the Association,
the City decides to proceed with its decision to eliminate an alternate
work schedule, affected employees shall receive a minimum of two (2)
weeks notice of the change.
2. Except for emergencies and temporary changes in work schedules,
work times and work hours, which shall be defined for six months or
less, affected employees shall be given a minimum of two (2) weeks
notice of change in work hours, work times and work schedules. In the
case of an emergency or temporary change in work schedules, work
times or work hours, reasonable notice shall be given to affected
employees.
3. Employees assigned to rotating schedules shall be allowed to conduct
mutually agreed upon shift trades for each rotation, subject to
management's right to deny or limit such trades due to operational
reasons which include, but are not limited to, an employee's
probationary status, an employee's performance issues, or employee
training.
ARTICLE VII STABILITY PAY/LONGEVITY PAY
Section A. STABILITY PAY
This feature of the Pay Plan is intended to encourage stability of
employment by recognizing years of service with compensation.
Completed Years of Service Amount
20 $500
Cash stability payments are made once a year between December 1 and
December 10 only to employees on the payroll as of December 1. Stability
payments will be paid on a pro-rata basis to employees that retire or are
laid off prior to December 1, provided they meet all eligibility requirements.
Stability pay will only be applicable to employees who were hired prior to
January 1, 1984.
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Section B. LONGEVITY PAY
A Longevity pay benefit will be paid to each represented employee based
on the below schedule:
Completed Years of Amount
Continuous Service Per Pay Period
5-9 Years $38.462
10-14 Years $57.693
15 Years and beyond $76.924
The Longevity Pay benefit is effective the pay period an employee
reaches five (5), ten (10), or fifteen (15) years of continuous employment
with the City. The foregoing amounts shall be subject to applicable payroll
deductions.
ARTICLE VIII TUITION LOAN/REIMBURSEMENT
Employees shall be eligible for tuition advancement or reimbursement who have
completed at least one probationary period in the Classified Service, or one year of
continuous service if employment is "at-will," subject to the conditions below. To qualify
for tuition advancement/reimbursement, a Tuition Loan/ Reimbursement Form must be
submitted and pre-approved by the employee's Department Head and Human
Resources Administrator, before the course(s) begin.
Tuition loan or reimbursement shall only be for courses, specialized training, or degree
programs "job-related" that are directly related to the employee's position as determined
by the City Manager or designee.
The Tuition Loan/Reimbursement Program will operate on a fiscal year basis (July 1
through June 30) and shall be subject to the availability of funds as determined by the
City. The maximum loan or reimbursement amount shall be $4,126 for undergraduate
courses and $5,062 for graduate courses. Eligible fees include tuition, on campus
parking fees and textbooks. All other fees are subject to approval by the City. School
supplies are not reimbursable. Permanent part-time employees shall receive one-half of
the benefit.
All course work must be completed while employed by the City of Arcadia with a
passing grade of "C" or equivalent when numerical score or pass/fail grade is given. If
the employee either does not receive a "C" or better or for any reason does not finish
the class, the advance is due and payable.
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Any employee who shall voluntarily retire or terminate employment or be terminated for
disciplinary cause within one year from the completion of a class or classes shall refund
all tuition paid under this provision for those specific classes unless they were required
to attend by the appointing power. An employee who separates employment and who
received tuition advancement and did not complete a class or classes within one (1)
year from the advancement, shall refund all tuition advanced and be subject to the
provisions outlined in the Advanced Tuition Participation and Loan Agreement.
Employees who retire on a Disability or Industrial Disability Retirement, or are laid off
shall not be required to refund tuition fees.
The City reserves the right to investigate any school and approve or disapprove it for
advancement or reimbursement if such action appears warranted. Courses must be
taken at an accredited education institution, which is defined as any college or university
which has been accredited by a recognized government or professional accrediting
body (as determined by the City). Additionally, the City reserves the right to deny any
course(s), specialized training or degree programs determined by the City Manager to
be non-job related.
If an employee terminated for disciplinary cause refunds tuition reimbursement under
this provision and the employee is reinstated with back pay at the conclusion of the
disciplinary appeals process, set forth in the City's Personnel Rules, back pay shall
include the refunded tuition reimbursement.
ARTICLE IX MILEAGE REIMBURSEMENT
Mileage is reimbursed at a rate established by the City for travel in an employee's
personal vehicle in connection with City business. Prior approval must be obtained from
the immediate supervisor or department head. If travel is required frequently during a
month, reimbursement will be made once a month. Completed mileage forms shall be
submitted to the department head consistent with the administrative policy.
Any employee authorized to use a personal vehicle must maintain an insurance policy
meeting the standards established by the City Manager.
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ARTICLE X HEALTH, DENTAL AND LIFE INSURANCE
Section A. CONTRIBUTION
The City will continue to provide Health, Dental and Life Insurance
benefits to each full-time employee in a classification represented by this
agreement. The City shall pay up to a maximum of $845.00 per month per
full-time employee for coverage. For full-time employees, if the City's
contribution exceeds the cost of employee only coverage, the difference
shall be contributed toward the cost of dependent coverage or to the
employee in cash or a combination of both. The employee has the option
of having any amount in excess of the premium contributed to the
employee's account in the City's deferred compensation plan instead of
receiving cash.
The City shall pay up to a maximum of $422.50 per month per permanent
part-time employee for coverage. For permanent part-time employees, if
the City's contribution exceeds the cost of employee only coverage, the
difference may be contributed toward the cost of dependent coverage
only.
If the premium cost of the health plan exceeds the City contribution, the
employee shall pay through payroll deduction the difference between the
monthly premium and the amount contributed by the City.
The employee's exercise of the option to use the difference toward
dependent health coverage or the deferred compensation plan is subject
to the conditions controlling enrollment periods and eligibility established
by the respective plans or carriers.
Section B. ELECTION OPTIONS
Effective July 1, 2007 the City shall provide regular full-time employees in
a classification represented by this Agreement with the option to elect the
following contributions in lieu of the contributions provided in Section A of
this Article:
1. CaIPERS Health Program. The City will contribute the minimum
employer contribution required pursuant to Government Code
§22892(b) ("Minimum Contribution") per month per employee for
health insurance.
2. Dental Insurance — mandatory enrollment: The City will contribute the
employee only cost for Delta Care USA insurance per month ("Dental
Contribution") toward one of two dental plans. Additional coverage
may be purchased through the Optional Benefits allocation.
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3. Optional Benefits. The City shall contribute the remaining amount of
employee's health and dental insurance benefit allowance through a
contribution to an Internal Revenue Code §125 Cafeteria Plan which is
the difference between the Minimum Contribution and Dental
Contribution made hereunder and $845.00. The employee may receive
this optional benefits amount in cash or may elect to use coverage for
him/herself or his/her dependents for City-approved benefits options,
including but not limited to, medical, dental insurance, supplemental
life insurance, or optional long term disability insurance . Any monies
received in cash will be considered as taxable income.
The employee need not enroll in a medical plan to be eligible for
optional benefits allowance provided that the employee annually during
open enrollment, sign a waiver and refusal of coverage.
Dependent enrollment will require proof of eligibility for dependent
status such as marriage, birth and adoption certificate in accordance
with CaIPERS guidelines.
4. Life Insurance. The City shall provide a $25,000.00 life insurance
benefit for eligible employees.
5. The City shall provide each employee with a vision plan at no cost to
the employee. This vision plan will be Vision Service Plan, option B.
The City will pay the premium up to the cost of the family plan.
Section C. PERMANENT PART-TIME EMPLOYEES
The City shall provide permanent part-time employees in a classification
represented by this Agreement with the option to elect the following
contributions in lieu of the contributions provided in Section A of this
Article.
1. CaIPERS Health Program. The City will contribute the minimum
employer contribution required pursuant to Government Code
§22892(b) ("Minimum Contribution") per month per employee for
health insurance.
2. Dental Insurance — mandatory enrollment: The City will contribute the
employee only cost for Delta Care USA insurance per month ("Dental
Contribution") toward one of two dental plans. Additional coverage
may be purchased through the Optional Benefits allocation.
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3. Optional Benefits. The City shall contribute the remaining amount of
employee's health and dental insurance benefit allowance through a
contribution to an Internal Revenue Code §125 Cafeteria Plan which is
the difference between the Minimum Contribution and Dental
Contribution made hereunder and $422.50. The employee may receive
this optional benefits amount in cash or may elect to use coverage for
him/herself or his/her dependents for City-approved benefits options,
including but not limited to, medical, dental insurance, supplemental
life insurance, or optional long term disability insurance . Any monies
received in cash will be considered as taxable income.
An employee need not enroll in a medical plan to be eligible for
optional benefits allowance provided that the employee annually during
open enrollment, sign a waiver and refusal of coverage.
Dependent enrollment will require proof of eligibility for dependent
status such as marriage, birth and adoption certificate.
4. Life Insurance: The City shall continue to provide a $25,000 life
insurance benefit for permanent part-time eligible employees.
5. Vision Plan: The City shall provide each permanent part-time
employee with a vision plan. This vision plan will be Vision Service
Plan, option B. The City will pay the premium up to the cost of the
family plan.
Section D. RETIREE HEALTH INSURANCE-EMPLOYEES HIRED BEFORE
JULY 1, 2011
1. Tier I Retirees. For employees hired before July 1, 2011 and retiring
from the City on or after July 1, 2007 through December 31, 2011
("Tier 1 Retirees"), the City agrees to provide a monthly health
insurance premium ("Premium Payment") for the purpose of
purchasing health coverage offered through the CaIPERS health
program as governed by the Public Employees' Medical & Hospital
Care Act ("PEMHCA") for the Tier I Retiree and his or her spouse in an
amount not to exceed the monthly premium applicable to the coverage
level for the retiree (i.e., Employee Only or Employee + spouse) under
the PERS Choice plan for the PERS-designated classification for the
City (currently the Los Angeles Area Region). The Premium Payment
shall be payable in the following form: (1) the minimum employer
contribution required pursuant to Government Code §22892(c)
("Retiree Minimum Contribution") payable directly to CaIPERS, and
(2) a reimbursement to the Tier I Retiree equal to difference between
the cost of plan in which the Tier I Retiree enrolls, subject to the
foregoing cap, and the Retiree Minimum Contribution
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("Reimbursement"). If a retiree enrolls in a more expensive plan, he
or she will be responsible for payment of any premium in excess of the
capped amount. The Reimbursement shall cease for the Tier I Retiree
upon eligibility for Medicare coverage, and the Reimbursement shall
cease for the spouse upon eligibility for Medicare coverage, or after 15
years, whichever occurs first.
Tier I Retirees must be "eligible retirees" in order to receive the
benefits described in this paragraph.
2. Tier II Retirees. For employees hired before July 1, 2011 and retiring
from the City on or after January 1, 2012 ("Tier II Retirees"), the City
agrees to provide a Premium Payment for the purpose of purchasing
health coverage offered through PEMHCA for the Tier II Retiree and
his or her spouse in an amount not to exceed the monthly premium
applicable to the coverage level for the retiree (i.e., Employee Only or
Employee + spouse) for the 2012 PERS Choice plan for the
PERS-designated classification for the City (currently the Los Angeles
Area Region) (Employee Only $505.63, employee + spouse
$1,011.26). The Premium Payment shall be payable in the following
form: (1) Retiree Minimum Contribution payable directly to CaIPERS,
and (2) a reimbursement to the Tier II Retiree equal to difference
between the cost of plan in which the Tier II Retiree enrolls, subject to
the foregoing cap, and the Retiree Minimum Contribution
("Reimbursement"). If a retiree enrolls in a more expensive plan, he
or she will be responsible for payment of any premium in excess of the
capped amount. The Reimbursement shall cease for the Tier II
Retiree upon eligibility for Medicare coverage, and the Reimbursement
shall cease for the spouse upon eligibility for Medicare coverage, or
after 15 years, whichever occurs first.
Tier II Retirees must be "eligible retirees" in order to receive the
benefits described in this paragraph.
An eligible retiree is an employee who retires from City service on a
service, disability, or industrial disability retirement and has one
thousand (1000) hours of accumulated sick leave at the date of
retirement. Payment shall cease for the retiree upon eligibility for
Medicare coverage, and payment shall cease for the spouse upon
eligibility for Medicare coverage or after 15 years, whichever occurs
first. If the retired employee and/or spouse have other group medical
coverage available, then this other group insurance shall be primary
and the City's health insurance plan shall function as a secondary
co-insurance.
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In order to be eligible for retiree health coverage, the employee, and if
applicable, the employee's spouse, must be enrolled in a
City-sponsored health plan as of the retiree's last day of work and
maintain eligibility to continue in the CaIPERS Health Program as
stipulated by the Health Program.
An employee who has fewer than one thousand (1,000) hours of
accumulated sick leave at the date of retirement may purchase up to a
maximum of three hundred fifty (350) hours worth of sick leave in an
amount equal to the employee's daily pay rate at the time of retirement
to meet the one thousand (1,000) hour requirement, with the following
restrictions; provided, however, upon verification of information from a
qualified medical provider that an employee has substantially depleted
the employee's sick leave accrual due to a an absence or absences
caused by a catastrophic, life threatening illness or injury suffered by
the employee or a family dependent living in the employee's
household, this purchase limitation of 350 hours will be excused.
1. The employee must have reached the age of 55; and
2. The employee must be employed by the City of Arcadia and
must have worked full-time for the City of Arcadia for a minimum
of 15 years. An employee may convert the dollar value of
accumulated vacation hours to reach the dollar value of up to
350 hours to meet the thousand (1,000) hours accumulated sick
leave requirement; provided, however, upon verification of
information from a qualified medical provider that an employee
has substantially depleted the employee's sick leave accrual
due to a an absence or absences caused by a catastrophic, life
threatening illness or injury suffered by the employee or a family
dependent living in the employee's household, this conversion
limitation of 350 hours will be excused.
Section E. RETIREE HEALTH - EMPLOYEES HIRED ON OR AFTER JULY 1, 2011
Tier III Retirees. For employees hired on or after July 1, 2011 that retiree
from the City and who remain enrolled in a PEHMCA health plan after
retirement ("Tier III Retiree"), the City will pay no more than the Retiree
Minimum Contribution. Tier III Retirees shall not be reimbursed or
otherwise receive payment from the City for health insurance premiums in
excess of the Retiree Minimum Contribution.
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ARTICLE XI DISABILITY INCOME INSURANCE
The City shall provide disability income insurance up to a maximum total monthly
payment of $12.81 per eligible employee, as currently defined by the insurer to be an
employee who works at least thirty (30) hours per week, during the life of the
Agreement.
ARTICLE XII MEDICAL EXAMINATIONS
Section A. All medical examinations required by the City shall be paid for by the
City in accordance with the City of Arcadia Personnel Rules and
Regulations.
Section B. An employee at any time may be required by the appointing power
to take a medical examination, paid for by the City, to determine
fitness for duty.
ARTICLE XIII UNIFORMS
Section A. Upon hire, the City shall provide the following employees with four (4) sets
of uniforms consisting of long sleeve shirt, short sleeve shirt, pants/skirt,
cross-tie/tie, and any two of the following items: a sweater, a medium-
weight uniform jacket, and appropriate logoed sweatshirt (cannot be worn
in public areas as defined by the Chief of Police).
• Community Services Officer
• Dispatcher I/II
• Dispatcher Services Supervisor
• Logistical Services Officer
• Police Records Technician I/II
• Property, Evidence, Crime Scene Technician
• Senior Police Records Technician
Uniforms shall be replaced on an as needed basis, pursuant to
Department procedures.
In addition to the above uniforms, the City shall provide two (2) polo shirts
to each employee each year
Section B. Upon termination of employment the employee shall turn in all
uniforms issued.
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Section C. The City shall provide a safety shoe allowance up to a maximum of
$125 per fiscal year for Community Services Officers.
The City shall designate safety shoe standards. A purchase order, not to
exceed the maximum fiscal year amount referred to above, shall be
provided upon the employee's request. Once the employee has
purchased safety shoes in this manner, the safety shoe shall be required
footwear. Wearing of safety shoes is limited to City work hours.
ARTICLE XIV LEAVES OF ABSENCE
Section A. NON-MEDICAL LEAVES WITHOUT PAY
Upon the written request of an employee stating the reasons therefore, the
appointing power with the approval of the City Manager shall have power
to grant leaves of absence without pay subject to the following restrictions:
1. Length — leave of absence without pay may be granted for a period
not to exceed one year with the exception that military leaves may
be granted for the duration of a war or national emergency or as
required by the Military and Veterans' code.
2. Reason — a leave of absence may be granted an employee,
provided he/she meets all other requirements set forth in this rule,
who desires to attend school or college or to enter training to
improve the quality of his service, who enters military service of the
United States, who is temporarily incapacitated by illness, or who
presents some other reasons equally satisfactory.
3. Right to Return — the granting of a leave of absence without pay
confers upon the employee the right to return to his classification
before or at the expiration of his/her leave of absence. Therefore, a
leave of absence shall be granted only to an employee who intends
to return to his/her classification with the City.
4. Service Record — no request for leave of absence will be
considered unless the employee presenting the request has a
satisfactory service record.
5. An employee granted a leave of absence may be required by the
appointing power or the City Manager to successfully pass a
medical examination prior to being allowed to return to work.
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6. The granting of a leave of absence of thirty (30) days or less, with
or without pay, shall not constitute an interruption of service within
the meaning of this subsection. The granting of a leave of absence
with or without pay of more than thirty (30) days shall constitute an
interruption of service unless, in the action granting such leave of
absence, it is provided that such leave of absence shall not
constitute an interruption of service.
7. The City shall continue to provide health, dental, life, and disability
insurance for an employee granted a leave of absence for up to
thirty (30) calendar days. It shall be the responsibility of the
employee who wishes to continue any insurance coverage beyond
the thirty (30) calendar days, to notify the Human Resources Office
of his/her intent to continue coverage and to remit the full monthly
premium for any coverage to the Administrative Services
Department.
Section B. FAMILY CARE AND MEDICAL LEAVES
Upon the written request of an employee, the City shall grant any and all
Family Care and Medical Leaves as required by law.
Section C. TEMPORARY MILITARY LEAVE
Any employee who is a member of the reserve corps of the armed forces
of the United States or of the National Guard or the Navy Militia shall be
entitled to a temporary military leave of absence as provided by applicable
Federal law and applicable California State law.
To be eligible for paid leave for thirty (30) calendar days of active military
training, an employee must have been employed by the City for a period
of not less than one (1) year immediately prior to the day on which the
leave of absence begins. If the employee has not been employed for a
period of one year, the leave shall be granted without pay. Pay shall not
exceed thirty(30) calendar days in any one (1)fiscal year.
An employee on paid military leave shall continue to accrue vacation, sick
leave, seniority and/or holiday in the same manner as the employee would
have, had the employee been in a work status.
To be eligible to receive the leave, an employee must submit a request in
writing with a copy of his/her military orders to his/her immediate
supervisor for processing.
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Military and Veteran's Code 395, 395.01(a), 564 and 566 set forth
provisions for state military reserve personnel employed by public
employers are statutorily entitled to up to 180 days of temporary military
leave for active duty activities with up to 30 days of paid military leave
each fiscal year. When placed on state active duty this is ordered active
duty, which entitles the employee to paid military leave.
State military reserve personnel also generally have a right to extended
leaves of absence and a right to re-employment after lengthy periods of
ordered duty when called to active duty in certain emergency
circumstances and public employees are entitled to receive their pay from
their public employer for the first thirty (30) days of that period of active
military and veteran's code section 143, 146, 395, 395.05, 395.06 and
566.
Before leaving for an extended leave (181 days or more), the employee
must notify the city of his or her intention to return to work upon the
completion of the active duty service. Employees will have ninety (90)
days from completion of extended active service to report back to work to
resume their duties, must submit to the City a copy of the honorable
discharge papers, and pass a medical exam.
Additional military leave provisions were adopted by Council on November
20, 2001, in Resolution 6268. For military leave covered by this
Resolution, the City will maintain the difference between the employee's
City salary and benefits of the employee while on active military duty.
Although a military leave of absence is not considered a break in service
in relation to seniority, if the employee wishes to have their extended
military service time credited toward CaIPERS, the employee may buy
back credit for their leave of absence for active military service through
CaIPERS as CaIPERS has determined that payments while on such
service are not reportable for retirement purposes.
This leave provision does not apply to employees who are drafted or
receive orders to military duty for periods longer than 180 calendar days.
Employee's rights to return to vacant positions after an absence that
exceeds 180 calendar days shall be governed by the applicable Federal
and State law.
Section D. VACATION LEAVE
1. Accumulated vacation leave shall be granted at the discretion of the
appointing power.
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2. Vacation may not be accumulated beyond the amount accumulable for
a sixty-five (65) pay period basis. Once an employee has accumulated
this amount, no more vacation will be accrued by the employee until
the employee's accrual has been reduced below this maximum
amount.
When through work circumstances and needs of the job, an employee
has been unable to utilize vacation time and this has not been a
pattern or practice for that employee, the City Manager for good cause
may approve excess accumulated vacation, provided the employee
reduces this total below the allowable maximum within six (6) months.
3. An employee who has previously requested and was granted approval
of vacation leave for use during the last three (3) months of the
calendar year and is unable to utilize such leave because of the City's
cancellation of leave shall be allowed to carry over the excess leave
time into the next three (3) months of the new calendar year, if
rescheduling of the vacation leave is not possible.
4. Upon termination, vacation used shall be pro-rated against vacation
earned. Every City employee who leaves the City employ for any
reason shall be granted all accumulated vacation or shall be paid
therefore at his rate of compensation applicable at the time he leaves
the City employ. If an employee works fifty percent (50%) of the final
pay period, the employee shall receive credit for that pay period's
vacation. If an employee works less than fifty percent (50%) of the pay
period, the employee accrues nothing.
5. Full-time employees covered by this Agreement, with the exception of
temporary appointments shall accumulate vacation with pay beginning
with the first full pay period of employment at the rate of 3.07 hours per
pay period during the first five (5) years of continuous full-time
employment with the City; at the rate of 4.61 hours per pay period
between the employee's fifth (5th) and tenth (10th) anniversary date of
continuous full-time employment; at the rate of 5.23 hours per pay
period between the employee's tenth (10th) and fifteenth (15th)
anniversary date of continuous full-time employment, and at the rate of
6.15 hours per pay period after fifteen (15) years of continuous full-time
employment with the City.
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Every full-time employee covered by this agreement, with the
exception of temporary appointments shall accumulate vacation with
pay beginning with the first full pay period of employment. Vacation
shall be accrued based on years of service as follows:
1-5 years 80 hours
6-10 years 120 hours
11-15 years 136 hours
16+ years 160 hours
Part-time employees covered by this agreement, with the exception of
temporary appointments shall accumulate vacation with pay beginning
with the first full pay period of employment at the rate of 1.54 hours per
pay period during the first five years of continuous employment with
the City; at the rate of 2.31 hours per pay period between the
employee's fifth and tenth anniversary date of continuous employment;
at the rate of 2.62 hours per pay period between the employee's tenth
and fifteenth anniversary date of continuous employment, and at the
rate of 3.07 hours per pay period after fifteen years of continuous
employment with the City.
6. Vacation scheduling for the dispatch, records, and community services
officer work sections, excluding supervisory and management
employees, shall be determined by seniority within each work section,
provided that the employee's vacation request is made within one
month prior to the applicable master vacation schedule. Requests
made during the applicable period of the master vacation schedule will
be considered on a first come, first served basis.
7. Employees may elect to sell back vacation during a calendar year
equal to the amount of vacation taken during the year, by the date of
the request, not to exceed a maximum of eighty (80) hours in the
calendar year.
Section E. SICK LEAVE
1. Every full-time employee covered by this agreement shall accrue sick
leave beginning with the first full pay period of employment on the
basis of 3.693 hours for each pay period of service completed with the
City. Employees may accumulate up to a maximum of 1,500 hours of
sick leave with pay.
2. The City Manager or designee may require a medical examination by a
physician or evidence of the reason for an absence of any employee
during absence on account of illness of such employee.
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3. Except as provided hereinafter, sick leave means authorized absence
from duty of an employee who is temporarily disabled and unable to
work due to a medical condition or due to a scheduled medical or
dental appointment during regular working hours. Every effort shall be
made to schedule appointments during non-working hours.
Employees that are injured on duty, and the injury is recognized as
such by the City or the WCAB, and not eligible to receive salary to
supplement workers' compensation temporary disability benefits under
Section J of this Article, may request that accrued sick leave be paid to
supplement workers' compensation disability payments.
4. Sick leave may be used by an employee when his care and
attendance is required by a family dependent who requires the
employee's presence at the dependent's medical or dental
appointment during regular working hours. Every effort shall be made
to schedule appointments during non-working hours. Family
dependents shall include only dependents currently residing in the
employee's household, or the employee's minor children.
5. The appointing power and City Manager may require evidence of the
reason for any employee's absence caused by illness or death in the
immediate family of the employee during the time for which sick leave
is requested.
6. In case of absence due to illness, the employee shall notify his/her
department in accordance with departmental rules and only be
required to designate if illness is "sick personal" or "sick family". If an
employee is requested to provide a doctor's certification for their illness
or the illness of their dependent(s), the request for the certification shall
be made prior to their return to work. The appointing power and City
Manager may deny or revoke sick leave if the illness or injury for which
it is taken is caused or substantially aggravated by compensated
outside employment.
7. Part-time employees who work more than forty (40) hours in a pay
period shall receive sick leave in the same manner and under the
same conditions as full-time employees at one-half the level of full-time
employees.
8. If an employee works fifty percent (50%) of the final pay period, the
employee shall receive credit for that pay period's sick leave. If an
employee works less than fifty percent (50%) of the pay period, the
employee accrues nothing.
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Section F. BEREAVEMENT LEAVE
At the time of death, or where death appears imminent, in the immediate
family, an employee, may be granted a leave of absence with pay, upon
approval of the appointing power and the City Manager. Immediate family
is defined as the spouse, the employee or employee's spouse's mother or
stepmother, father or stepfather, brother or sister or step sibling, child or
stepchild, grandparents, grandchildren, or any relative of the employee or
employee's spouse residing in the same household. Such leave, shall be
granted based on employee's current work shift up to a maximum of three
(3) shifts.
Section G. HOLIDAYS
1. Each employee in a classification represented by this MOU shall be
allowed the following holidays with pay:
New Year's Day January 1
President's Day The third Monday in February
Memorial Day The last Monday in May
Independence Day July 4
Labor Day The first Monday in September
Admission Day September 9
Veteran's Day November 11
Thanksgiving Day The fourth Thursday in November
Day after Thanksgiving Day The Friday following the fourth
Thursday in November
Christmas Eve December 24 (4 hours)
Christmas Day December 25
New Year's Eve December 31 (4 hours)
Every day appointed by the City Council for a public fast, thanksgiving
or holiday.
2. Whenever New Year's Day - January 1; Independence Day - July 4;
Veteran's Day - November 11; or Christmas Day - December 25, falls
on a Saturday or Sunday, the Friday preceding or the Monday
following, respectively, shall be a holiday.
3. In lieu of Citywide holidays to celebrate Dr. Martin Luther King's
birthday and Admissions Day, full-time employees shall receive two (2)
eight (8) hour floating holidays to be scheduled by the employee in the
same manner as vacation leave. Additionally, full time employees shall
receive an eight (8) hour floating holiday for his/her birthday to be
scheduled by the employee in the same manner as vacation leave.
Floating holidays shall not carry over into subsequent fiscal years and
failure to schedule a floating holiday in the fiscal year in which it is
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•
earned shall result in its loss. if the City adopts Dr. Martin Luther King's
birthday as a fixed Citywide holiday or it re-adopts Admissions Day as
a fixed Citywide holiday, the floating holiday(s) based thereon shall
cease and eligible employee shall receive the fixed Citywide holiday(s).
Full time employees in the unit employed on July 1 of the fiscal year
shall conditionally accrue twenty-four (24) hours of floating holiday. If
the employee uses floating holiday leave and separates from City
employment before the date upon which the floating holiday is based
(Dr. Martin Luther King's birthday, Admissions Day and/or the
Employee's birthday), said floating holiday leave shall be repaid to the
City through payroll deduction. Employees hired after the beginning of
the fiscal year shall accrue floating holiday only if the employee is
employed before the date on which the floating holiday is based (Dr.
Martin Luther King's birthday, Admissions day and/or the Employee's
birthday). As an example, an employee hired on July 15, whose
birthday is August 5, would receive a floating holiday for his birthday,
Admissions Day and MLK's birthday for that fiscal year. However, if
that same employee was hired on March 15, the employee would not
receive any floating holiday benefit for that fiscal year.
4. An employee required to work or attends a class or function on any
holiday allowed to him by this Section shall be paid for the holiday, and
in addition, he shall be compensated in accordance with the applicable
overtime rules. A holiday allowed by this Section occurring during any
leave of absence with pay shall be added to the number of working
days' leave of absence to which such employee is entitled.
5. For full-time employees assigned to an alternate work week, and
scheduled to work 9 or more hours, but for the holiday would have
been scheduled to work 9 or more hours, the employee may use
accrued vacation time, accrued comp time, floating holiday time or
unpaid leave to make up any difference between the provided nine
hours of holiday pay and the actual number of regularly scheduled
working hours for a designated holiday. For example, if a holiday falls
on a day an employee is scheduled to work ten (10) hours, the
employee shall receive nine (9) hours of holiday pay and be permitted
to use other accrued leaves to make up the extra hour for that day.
6. For full-time employees assigned to an alternate work week, if a
holiday falls on a Friday that City Hall is closed under the 9/80 plan,
each employee shall receive an eight (8) hour floating holiday. Floating
holiday time is not accruable and not payable if unused. The floating
holiday must be used by the end of the fiscal year in which it is granted
or it shall be forfeited.
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Salary for the holiday shall be paid during the pay period in which the
holiday occurs.
7. Represented part-time employees who work more than forty (40) hours
in a pay period shall receive holidays in the same manner and under
the same conditions as full-time employees at one-half the level of
full-time employees.
Section H. JURY LEAVE
When an employee is called or required to serve as a juror, attendance
shall be deemed a leave of absence with full pay. The City will
compensate jury service up to eighty (80) hours per year. All hours in
excess of eighty (80) shall not be compensated unless the employee uses
accrued vacation or compensatory time.. The employee shall remit to the
City all fees received except mileage. For employees assigned to an
alternate work week, pay for jury duty shall not be provided on regularly
scheduled days off. When released from any day of service prior to the
end of the normal work schedule, an employee shall contact their
supervisor for direction.
The City, at its discretion, will administratively reassign employees
assigned to jury duty to an 8 hour per day schedule or an 8 hour per day
forty hour per week schedule for the duration of jury duty.
Section I. COURT WITNESS LEAVE
An employee who is subpoenaed or required to appear in court for a non-
work related matter as a witness shall be deemed to be on leave of
absence and shall be permitted to use accumulated time off. With
approval of the appointing power and City Manager, an employee may be
granted leave with pay during his required absence. The employee shall
remit to the City fees received except mileage. A paid leave of absence
shall not be granted for time spent in Court on personal cases, provided
however that the employee can use accumulated time off.
Section J. INDUSTRIAL ACCIDENT LEAVE
1. Industrial accident leave shall be granted to employees with three or
more full years of continuous service with the City.
2. Industrial accident leave shall be allowed for a maximum of ten months
or as provided by law whichever is greater and shall be computed from
the date said absence is necessitated due to effects of the industrial
injury. Industrial accident leave shall be equivalent to the employee's
regular base salary and any temporary disability compensation
payment required by law shall be deducted from the industrial accident
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leave payment. Lost time due to an injury on duty shall not be charged
against an employee's accumulated sick leave after all industrial
accident leave is expended.
3. Compensation shall continue until the employee returns to work,
industrial accident leave is exhausted, or it is medically determined that
there is a permanent disability which precludes return to regular duties,
whichever occurs first.
4. The City reserves the right to require an employee to furnish proof from
a physician of the cause and necessity of absence during an industrial
accident leave.
5. "Industrial accident" as used in this Article, is defined as any illness or
injury arising directly out of the employment of the employee which
forces the employee to absent himself/herself from work upon the
advice of a physician. The determination of whether an illness or injury
results from an industrial accident shall be made by the City in
consultation with its Workers' Compensation administrators or as
determined by the WCAB.
ARTICLE XV PROBATIONARY PERIOD
Section A. The probationary period is part of the examination process. It is a
work-test period during which the employee's performance and
conduct on the job are evaluated to determine whether or not the
employee is fully qualified for permanent appointment.
During the probationary period, a probationer may be released, or
demoted if permanent status is held in a lower classification, without the
right of appeal, if the appointing power deems the probationer unfit or
unsatisfactory for service.
When a provisional appointment is made to a probationary position and
subsequently the appointee is appointed to the position as a probationary
employee, with no time interval between the provisional and probationary
appointment, the "employment date" as herein defined, shall be the date
first appointed on a provisional basis.
Section B. All eligible candidates appointed to a position from an open
competitive examination and who are not currently employed in a
permanent position shall be on probation for twelve (12) months
before attaining permanent status.
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For the classifications of Dispatcher I, Dispatcher II, Community Service
Officer, and Police Records Technician I/II and Senior Police Records
Technician the probationary period for all eligible candidates appointed
from an open competitive examination and who are not currently
employed in a permanent position, shall be eighteen (18) months. Eligible
candidates appointed from a promotional list to these classifications,
(except Dispatcher I promoting to a Dispatcher II) shall be on probation
twelve (12) months before attaining permanent status. A Dispatcher I who
has successfully completed probation and is appointed from a promotional
list to Dispatcher II shall be on probation for six (6) months before attaining
permanent status.
Section C. Eligible candidates appointed from a promotional list shall be on
probation for six months before attaining permanent status.
Section D. Probationary period may be extended for a one six (6) month period
with the approval of the Human Resources Manager.
Section E. A probationary employee who is holding a promotional position shall
have the right to demotion to the classification in which he/she holds
a permanent appointment, unless he/she was discharged for cause
from City employment.
ARTICLE XVI SPECIAL PAY
Section A. ACTING PAY
Any employee in the unit who is required, in writing, to work five (5)
consecutive working days or longer in a higher classification which is
vacant due to sick leave, injury leave, vacation, termination or move up
due to acting pay shall receive the following acting pay retroactive to the
first day of the assignment:
1. Five (5) percent above their current rate of pay or A step of the higher
classification, whichever is higher; or
2. Should such percentage exceed the top step of the range for the
higher classification, the employee shall receive compensation at the
top step of the higher classification.
Nothing contained herein shall apply to an employee who is being trained
by the City to qualify for a higher classification.
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Section B. CALL-BACK PAY
If a unit member is required while off duty to report back to work on a call-
out, he/she shall receive a minimum of two (2) hours pay at straight time
or the hours actually worked at the appropriate rate of compensation,
whichever is greater. Call back pay shall commence upon the arrival of the
employee at the work site.
Section C. BILINGUAL PAY
A maximum of six (6) employees may be certified as bilingual by the City.
Once certified, the employee shall receive a bilingual pay stipend of $75
per month.
Any employee who is not certified as bilingual by the City shall not be
required to use a language other than English. However, when a member
of the public, who does not speak English, asks an employee for
assistance in a language other than English that the employee
understands, the employee shall make a reasonable effort to
communicate with the member of the public in a polite and professional
manner.
Section D. DISPATCH/RECORDS/CSO TRAINING PAY
During the term of this agreement, a Dispatcher, Records Technician or
CSO assigned by the Chief or his designee to perform the extra duty and
responsibility of training new employees shall receive $50.00 per pay
period, in addition to their base salary, only while in the capacity of training
new employees.
ARTICLE XVII LAYOFFS
Section A. LAYOFF PROCEDURE
The City Manager or appointing power may layoff an employee because
of change in duties or organization, deletion of service, adverse working
conditions, shortage of work or funds or return of employees from
authorized leave of absence.
The order of layoff shall be based on performance (outlined in Section C
below), and in the reverse of total cumulative time served in the same
classification upon the date established for the layoff to become effective.
The order of employee layoff in a department shall be as follows:
temporary, provisional, probationary, permanent. The employee in the
class with the least seniority in the department will be laid off and may
exercise bumping rights, if any, to the least senior incumbent in the class
in the City. However, if a vacancy exists in the class, there will be no
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bumping and the employee who is to be laid off will be reassigned to the
vacant position.
Classified employees may only bump or voluntarily demote to a classified
position and unclassified employees may only bump or demote to an
unclassified position.
Permanent full-time employees who receive notice of layoff may, in lieu of
layoff, voluntarily demote to the next lower classification that the employee
previously held within the unit, provided such employee's seniority in the
department is greater than the most junior employee holding the lower
position. Permanent part-time employees may in lieu of layoff voluntarily
demote to the next lower part-time classification that the employee
previously held within the unit, provided such employee's seniority in the
department is greater than the most junior employee holding the lower
position.
Employees in classifications which are found in more than one
Department may in lieu of layoff voluntarily transfer to another City
department in the same classification, or lower classification, provided
there is a funded vacant position or provided the employee's seniority is
greater than the most junior employee holding the position.
An employee who transfers across departmental lines shall serve a six
month probationary period. If the employee fails the probationary period
the employee shall then be placed on the re-employment list, and the
employee who was laid off shall be reinstated.
Section B. RE-EMPLOYMENT LIST
The names of employees shall be placed upon re-employment lists in the
reverse order of the layoff. Re-employment lists shall remain effective for
eighteen (18) months from the effective date of separation from service.
Failure of the employee on the re-employment list to provide the City their
current address shall result in the employee's name being removed from
the eligibility list.
Section C. DEFINITIONS
1. Employee — Permanent full-time and permanent part-time worker of
the City of Arcadia who has been employed by the City for twelve
consecutive months.
2. Layoff — Permanent separation from employment with the City as a
result of a work reduction.
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3. Performance — The rating received by the employee from the City of
Arcadia's evaluation process. For the purposes of layoffs, seniority will
only be disregarded if an employee's overall performance evaluation
rating in any one of the last three years is below proficient. In such
case, the layoff shall be based upon performance.
4. Work Reduction — A decrease in the level of service or amount of
product output by the City.
ARTICLE XVIII PERSONNEL FILES
Section A. The City shall maintain a central personnel file for each employee in the
Human Resources Office. Supervisors may maintain working personnel
files.
If a supervisor maintains a working personnel file, copies of written
material which is to be used as a basis for employee discipline shall be
sent to the central personnel file and given to the employee.
Copies of performance evaluations and/or disciplinary actions shall not be
entered in the file, until the employee is given a copy and an opportunity to
review and comment thereon. The employee shall be given an opportunity
during working hours to initial, date, and file a written response to the
material. The written response shall be attached to the material.
Copies of letters of commendation and/or certificate of commendation
from the City Council or City Manager shall be placed in the employee's
personnel file.
An employee or their designated representative (in writing) shall have the
right to examine and/or obtain copies at the employee's expense, of any
material from the employee's personnel file with the exception of material
that includes ratings, reports and records which were obtained prior to the
employment of the involved employee.
Section B. Discipline older than three (3) years will not be considered in promotional
recruitments.
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ARTICLE XIX EMPLOYEE GRIEVANCES
Section A. DEFINITIONS
1. Grievance — A grievance is an allegation by an employee(s) of a
misinterpretation or misapplication of any express provision of the
applicable Memorandum of Understanding or City and/or Department
Personnel Rules and Regulations where there is no other specific
method of review provided by City law.
2. Grievant — An employee or group of employees in the classified
service adversely affected by an act or omission by the City allegedly
in violation of an express provision of the Memorandum of
Understanding or City and/or Department Personnel Rules and
Regulations.
3. Department Head —The department head or designee.
4. Work day — A work day is any day the City offices are regularly open
for business.
5. Exclusions from the Grievance Procedure:
a. The procedure is not to be used for the purpose of changing
wages, hours and working conditions. Allegations involving wages,
hours and working conditions may thus be grieved only if the
grievance involves a misapplication or misinterpretation of an
express provision of the MOU or a City/Department Personnel
Rules and Regulations.
b. The procedure is not intended to be used to challenge the content
of employee evaluations or performance reviews. Allegations that
the City has failed to comply with an evaluation procedure set forth
in a specific provision of the MOU and/or City/Department
Personnel Rules and Regulations are grievable.
c. The procedure is not intended to be used to challenge a
reclassification, layoff, transfer, denial of reinstatement, or denial of
a step or merit increase. Notwithstanding the above, if the process
used to reach the foregoing decisions is not in compliance with an
express provision of the MOU and/or City/Department Personnel
Rules and Regulations, a grievance may be filed.
d. The procedure is not intended to be used in cases of oral or written
reprimand, demotion, suspension, removal or other disciplinary
action. Appeals of disciplinary actions are covered by the City's
Personnel Rules and Regulations.
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e. The procedure is not to be used to challenge examinations or
appointment to positions. Notwithstanding the above, if the process
used to reach the foregoing decisions is not in compliance with an
express provision of the MOU and/or City/Department Personnel
Rules and Regulations, a grievance may be filed.
Section B. TIMELINESS
The grievance must be filed by the employee within the timelines set forth
herein. Failure of the employee to file the initial grievance or process the
grievance from one level to another in a timely manner is a forfeiture of the
grievance and the grievance will not be processed further.
If the City fails to respond in a timely manner, the employee may proceed
to the next level.
Section C. EMPLOYEE REPRESENTATION
The employee may be represented by a person of his or her choice to
prepare and present the grievance. The employee may use a reasonable
amount of released time to process the grievance. The release time must
be approved by the Department Head.
Section D. INFORMAL GRIEVANCE PROCEDURE
Within fifteen (15) working days following the event, or within fifteen (15)
working days after the employee should reasonably have known of the
event, the employee should attempt to resolve the grievance on an
informal basis by discussion with his or her immediate supervisor.
Section E. FORMAL GRIEVANCE PROCEDURE
1. First Level of Review: Next Level Supervisor
If the employee is not able to resolve the grievance after discussion
with his or her immediate supervisor, within ten (10) working days after
the informal discussion with the immediate supervisor, the employee
shall present the grievance in writing to the next level supervisor on the
official City grievance form setting forth the following information:
a. The specific section of the rules or MOU allegedly violated.
b. The specific act or omission which gave rise to the alleged
violation.
c. The date or dates on which the violation occurred.
d. Documents, witnesses or evidence in support of the grievance.
e. The resolution of the grievance at the informal stage.
f. The remedy requested.
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A copy of the grievance shall be provided to the Human Resources
Division of the Administrative Services Department concurrently with
presentation to the immediate supervisor.
The next level supervisor shall render a decision in writing, on the
grievance form, within ten (10) working days after receiving the
grievance.
2. Department Head Review
If the employee does not agree with the decision of the next level
supervisor, within ten (10) working days after receiving the next level
supervisor's decision or twenty (20) days from the date the next level
supervisor received the grievance but failed to issue a decision, the
employee shall present the grievance in writing, on the grievance form,
to the department head.
The department head may require the employee and the immediate
supervisor to attend a grievance meeting. The department head shall
communicate a decision in writing within ten (10) working days of
receiving the grievance or within ten (10) working days of holding a
grievance meeting whichever is longer.
3. Human Resources Manager
If the employee is not in agreement with the decision reached by the
department head, within ten (10) working days after receiving the
department head's decision or twenty (20) days from the date the
department administrator received the grievance but failed to issue a
decision, the employee shall present the grievance in writing to the
Human Resources Manager on the official City grievance form.
The Human Resources Manager may require the employee and the
immediate supervisor to attend a grievance meeting. The Human
Resources Manager shall communicate a decision in writing within ten
(10) working days of receiving the grievance or the holding of a
grievance meeting whichever is longer.
4. Human Resources Commission
If the employee is not in agreement with the decision of the Human
Resources Manager or if the Human Resources Manager has failed to
respond, the employee shall present the grievance to the Human
Resources Commission within ten (10) working days from the date of
receipt of the Human Resources Manager's decision or twenty (20)
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days from the date the Human Resources Manager received the
grievance but failed to issue a decision.
Section F. APPEAL TO HUMAN RESOURCES COMMISSION
1. Scheduling of Hearing: Upon receipt of the request for an appeal, the
City shall, within thirty (30) days, transmit the appeal to the Human
Resources Commission. The Commission shall schedule a hearing.
The appeal hearing shall be set not less than twenty (20) working days
nor more than sixty (60) working days from the date of the filing of the
appeal. All interested parties shall be notified in writing of the date,
time, and place of the hearing at least ten (10) working days prior to
the hearing.
2. Public Hearings: All hearings shall be open to the public.
3. Pre-Hearing Procedure:
a. Subpoenas: The Human Resources Commission is authorized to
issue subpoenas at the request of either party prior to the
commencement of the hearing. After the commencement of the
hearing, subpoenas-shall be issued by the Commission only for
good cause. Each party will prepare their own subpoenas and
present them to the Human Resources Division of the
Administrative Services Department and the other party. The
Human Resources Division of the Administrative Services
Department will issue the subpoenas. The Human Resources
Division of the Administrative Services Department will serve
subpoenas for current City employees. It will be the responsibility of
the employee or the City to serve subpoenas on individuals who
are not currently employed by the City. It will be the responsibility of
the employee and the City to submit the written request for
subpoenas at least ten (10) working days before the date of the
hearing.
b. Exhibits and Witness Lists: Five (5) working days prior to the date
set for the hearing, each party shall serve upon the other party and
submit to the Human Resources Division of the Administrative
Services Department a list of all witnesses and a list and copy of all
exhibits. An original and nine (9) copies of the exhibits shall be
presented to the Human Resources Division of the Administrative
Services Department in 3 hole notebooks which are tabbed down
the side with the exhibit numbers. The employer's exhibits shall be
designated by number.
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The employee's exhibits shall be designated by alphabetical letter.
Neither party will be permitted to call during the hearing, a witness
not identified pursuant to this section nor use any exhibit not
provided pursuant to this section unless that party can show that
they could not reasonably have anticipated the prior need for such
witness or such exhibit.
c. Statement of Issues: Five (5) working days prior to the date set for
the hearing, each party shall submit to the Human Resources
Division of the Administrative Services Department a Statement of
Issues.
4. Submission to the Human Resources Commission: Five (5) working
days prior to the date set for the hearing, the Human Resources
Division of the Administrative Services Department shall present each
member of the Human Resources Commission with a copy of the
jurisdictional documents. Those documents include the grievance
documents at each level and the responses to the grievance.
5. Payment of Employee Witnesses: Employees of the City who are
subpoenaed to testify during working hours will be released with pay to
appear at the hearing. The Commission may direct that these
employees remain on call until called to testify. Employees who are
subpoenaed to testify during non-working hours will be compensated
for the time they actually testify, unless the City agrees to a different
arrangement.
6. Conduct of the Hearing:
a. The hearing need not be conducted in accordance with technical
rules relating to evidence and witnesses but hearings shall be
conducted in a manner most conducive to determination of the
truth.
b. Any relevant evidence may be admitted if it is the type of evidence
on which responsible persons are accustomed to rely in the
conduct of serious affairs, regardless of the existence of any
common law or statutory rules which might make improper the
admission of such evidence over objection in civil actions.
c. Hearsay evidence may be used for the purpose of supplementing
or explaining any direct evidence that shall not be sufficient in itself
to support a finding unless it would be admissible over objection in
civil actions.
d. The rules dealing with privileges shall be effective to the same
extent that they are now or hereafter may be recognized in civil
actions.
e. Irrelevant and unduly repetitious evidence may be excluded.
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f. The Human Resources Commission shall determine relevancy,
weight and credibility of testimony and evidence. Decisions made
by the Commission shall not be invalidated by any informality in the
proceedings.
g. During examination of a witness, all other witnesses, except the
parties, shall be excluded from the hearing upon motion of either
party.
h. The Human Resources Commission may conduct the hearing or
delegate evidentiary and/or procedural rulings to its legal counsel.
7. Burden of Proof: In a grievance appeal the grievant has the burden of
proof by preponderance of the evidence.
8. Proceed with Hearing or Request for Continuance: Each side should
be asked if it is ready to proceed. If either side is not ready and wishes
a continuance, good cause must be stated. Any request for a
continuance must be made in writing and submitted prior to the hearing
to all parties. Before requesting a continuance, the moving party shall
contact all parties to determine if there is any opposition to the
continuance and shall state in its request if there is opposition.
9. Testimony under Oath: All witnesses shall be sworn in for the record
prior to offering testimony at the hearing. The chairperson will request
the witnesses to raise their right hand and respond to the following:
"Do you swear that the testimony you are about to give at this hearing
is the truth, the whole truth and nothing but the truth?"
10.Presentation of the Case: The hearing shall proceed in the following
order unless the Human Resources Commission for special reason,
directs otherwise:
a. The Human Resources Chair shall announce the issues after a
review of the statement of issues presented by each party.
b. The grievant (employee) shall be permitted to make an opening
statement.
c. The respondent (City) shall be permitted to make an opening
statement, or reserve an opening statement until presentation of its
case.
d. The grievant shall produce his/her evidence.
e. The respondent may then offer its evidence.
f. The grievant followed by the respondent may offer rebutting
evidence.
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g. Closing arguments shall be permitted at the discretion of the
Human Resources Commission. The party with the burden of proof
shall have the right to go first and to close the hearing by making
the last argument. The Commission may place a time limit on
closing arguments. The Commission or the parties may request the
submission of written briefs. After the request for submittal of
written briefs, the Commission will determine whether to allow the
parties to submit written briefs and determine the number of pages
of said briefs.
11.Procedure for the Parties: The party representing the department and
the party representing the employee will address their remarks,
including objections, to the Chair of the Human Resources
Commission. Objections may be ruled upon summarily or argument
may be permitted. The Chair reserves the right to terminate argument
at any time and issue a ruling regarding an objection or any other
matter, and thereafter the representatives shall continue with the
presentation of their case.
12.Right to Control Proceedings: While the parties are generally free to
present their case in the order that they prefer, the Chair reserves the
right to control the proceedings, including, but not limited to, altering
the order of witnesses, limiting redundant or irrelevant testimony, or by
the direct questioning of witnesses.
13.Hearing Demeanor and Behavior: All parties and their attorneys or
representatives shall not, by written submission or oral presentation,
disparage the intelligence, ethics, morals, integrity or personal
behavior of their adversaries or members of the Commission.
14.Deliberation Upon the Case: The Commission will consider all oral and
documentary evidence, the credibility of witnesses, and other
appropriate factors in reaching their decision. The Commission may
deliberate at the close of the hearing in closed session or at a later
fixed date and time not to exceed ten (10) working days.
15.Recommended Decision: The Human Resources Commission shall
render it's recommendations as soon after the conclusion of the
hearing as possible, and no event, later than ten (10) working days
after concluding the hearing, unless otherwise stipulated to by the
parties. The recommended decision shall include an explanation of the
basis for the decision.
The Human Resources Commission shall not be polled as to their
decision by the grievant or the grievants counsel.
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16.Recommendation to the City Manager: The decision of the Human
Resources Commission is advisory to the City Manager. The proposed
decision shall be provided to the grievant and the City Manager.
Either the employee or the department may file a written appeal to the
proposed decision, by filing exceptions thereto with the Human
Resources Manager within ten (10) days of receipt of the
Commission's recommended decision.
The party desiring to contest the recommended decision of the
Commission may also request a transcript for review by the City
Manager within ten (10) working days of the Commission's decision. If
the appealing party requests a transcript, that party shall pay the cost
of the transcript.
17.Final Action by City Manager: Within ten (10) working days of the filing
of exceptions, or within ten (10) days of receipt of the transcript, the
City Manager shall review the decision of the Commission, any
exceptions filed, and a record, if one is requested. The decision of the
City Manager shall be final. The decision shall be transmitted to the
employee and to the department head.
ARTICLE XX DISCIPLINARY ACTIONS
Section A. DISCIPLINARY ACTION: SUSPENSION, SALARY REDUCTION,
DEMOTION AND DISMISSAL
The appointing powers are vested with the right to discipline or to dismiss
permanent employees as provided by this section.
A permanent employee holding a position in the classified service shall be
subject to suspension without pay, salary reduction, demotion or
dismissed for cause. A permanent employee in the classified service shall
have the right to appeal the suspension without pay, demotion, or
dismissal to the Human Resources Commission. If the appeal is timely
filed, a hearing will be scheduled by the Human Resources Commission in
accordance with the City's Personnel Rules.
Probationary employees are subject to demotion or dismissal without
cause or right to a hearing except as otherwise required by law.
45
Section B. SALARY REDUCTION
An employee may be disciplined by reduction in compensation to any step
in the salary scale applicable to the employee's current classification or to
the classification to which the employee is demoted.
Section C. UNAUTHORIZED ABSENCE
Unauthorized leaves of absence may be considered cause for up to and
including dismissal, subject to the City's disciplinary appeals process.
46
ARTICLE XXI FULL UNDERSTANDING
This Memorandum of Understanding and attached side-letters contains all the
covenants, stipulations and provisions agreed upon by the parties and any other prior
existing understanding or agreements by the parties, whether formal or informal,
regarding any such matters are hereby superseded or terminated in their entirety.
It is the intent of the parties that this agreement be administered in its entirety in good
faith during its full term. The Association recognizes that during such term it may be
necessary for Management to make changes in rules or procedures affecting the
employees in the unit and that the City will meet and confer as required by law, before
implementing changes.
For the life of this agreement it is agreed and understood that the Association hereto
voluntarily agrees that the City shall not be required to meet and confer with respect to
any subject or matter whether referred to or covered in this agreement or not during the
term of this agreement except as set forth above. The parties may mutually agree in
writing to meet and confer on any subject contained in this agreement during the life of
this agreement.
The parties have caused this Memorandum of Understanding to be executed this
day of , 2011.
ARCADIA POLICE CIVILIAN EMPLOYEES CITY OF ARCADIA
ASSOCIATION
39‘A
\ 312--
Judy C4 Don Penman
Presiden City Manager
47
2011 Negotiation Teams
APCEA Negotiating earn City of Arcadia Representatives
k,yuciv:LL (tot_
Judith . Cook, Michael A. Casalou,
Preside, n I Human Resources Administrator
dligiA /// te. t.f,e,6,--- .)
Pamela McGinnis, Heather McDowell,
Vice-President Senior Human Resources Analyst
Kr Gavrity, Hue Quach,
mev;cm .ry Administrative Services Director
Alt ...41 Aw,Wendell Phillips Larry Goodman,
Attom: Police Lieutenant
dA4.4.42: _yt,c, i awyozi,
C:hr,s-fihe CO-vY)pben William W. Floyd Jr,
Attorney
48
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