HomeMy WebLinkAbout6791 RESOLUTION NO. 6791
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 PUBLIC WORKS EMPLOYEES ASSOCIATION ("APWEA")
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 Public
Works Employees Association ("APWEA") 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 APWEA 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 16th day of August , 2011.
i
AA AL / iii I/_■
Mayor o 'the i of Arcadia
ATTEST:
City Clerk
APPROVED AS TO FORM:
46a/a
Steph n P. Deitsch
City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Resolution No. 6791 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 16th day of August, 2011 and that said Resolution was adopted by the
following vote, to wit:
AYES: Council Members Amundson, Chandler, Harbicht, Segal and Kovacic
NOES: None
ABSENT: None
Imal
City Clerk of the City of Arcadia
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CITY OF ARCADIA
AND
ARCADIA PUBLIC WORKS EMPLOYEES ASSOCIATION
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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 2
Section D. AUTHORIZED AGENTS 3
ARTICLE II 3
Section A. TERM 3
Section B. SAVINGS CLAUSE 3
ARTICLE III ASSOCIATION RIGHTS 3
Section A. AGENCY SHOP LEGISLATIVE AUTHORITY 3
Section B. RIGHT TO JOIN 6
Section C. USE OF BULLETIN BOARDS 6
Section D. PAYROLL DEDUCTION 6
Section E. ACCESS TO FACILITIES 7
Section F. ASSOCIATION STEWARDS 7
Section G. REASONABLE NOTICE 8
ARTICLE IV MANAGEMENT RIGHTS 8
ARTICLE V COMPENSATION 8
Section A. SALARY SCHEDULES 8
Section B. PROMOTION OR ADVANCEMENT 9
Section C. PERCENTAGES BETWEEN STEPS/RANGE 9
Section D. ADVANCES IN RATE OF COMPENSATION 9
ARTICLE VI RETIREMENT 9
Section A. EMPLOYEES HIRED BEFORE JULY 1, 2011 9
Section B. EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 10
Section C. DEFERRED COMPENSATION 10
ARTILCE VII OVERTIME (FLSA) AND WORK SCHEDULES 11
Section A. OVERTIME 11
Section B. RECALL 11
Section C. 11
Section D. WORK SCHEDULES 12
ARTICLE VIII STABILITY PAY/LONGEVITY PAY 12
Section A. STABILITY PAY 12
Section B. LONGEVITY PAY 12
ARTICLE IX TUITION LOAN/REIMBURSEMENT 12
ARTICLE X MILEAGE REIMBURSEMENT 13
ARTICLE XI HEALTH, DENTAL AND LIFE INSURANCE 14
Section A. CONTRIBUTION 14
Section B. RETIREE HEALTH - EMPLOYEES HIRED BEFORE JULY 1, 2011 15
Section C. RETIREE HEALTH - EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 16
ARTICLE XII DISABILITY INCOME INSURANCE 17
ARTICLE XIII MEDICAL EXAMINATIONS 17
ARTICLE XIV UNIFORMS 17
Section A 17
Section B 17
Section C. 17
Section D. 17
Section E 17
Section F. 17
Section G. 18
Section H. 18
ARTICLE XV LEAVE 18
Section A. LEAVE 18
Section B. POWER TO GRANT LEAVE 18
Section C. TEMPORARY MILITARY LEAVE (PAID AND UNPAID) 19
Section D. VACATION LEAVE 20
Section E. SICK LEAVE 21
Section F. WORKERS' COMPENSATION 23
Section G. HOLIDAYS 23
Section H. WITNESS LEAVE 25
Section I. BEREAVEMENT LEAVE 25
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Section J. UNAUTHORIZED ABSENCE 25
ARTICLE XVI PROBATIONARY PERIOD 25
Section A 25
Section B 26
Section C. 26
ARTICLE XVII ACTING PAY 26
Section A. ACTING PAY 26
Section B. EXCEPTION 26
ARTICLE XVIII LAYOFFS 27
Section A. LAYOFF PROCEDURE 27
Section B. RE-EMPLOYMENT LIST 27
Section C. SEVERANCE PAY 27
ARTICLE XIX PERSONNEL FILES 28
Section A. PERSONNEL FILES 28
Section B. PROMOTIONAL RECUITMENTS 28
Section C. WRITTEN REPRIMAND REVIEW 28
ARTICLE XX EMPLOYEE GRIEVANCES 28
Section A. DEFINITIONS 28
Section B. TIMELINESS 30
Section C. EMPLOYEE REPRESENTATION 30
Section D. INFORMAL GRIEVANCE PROCEDURE 30
Section E. FORMAL GRIEVANCE PROCEDURE 30
Section F. APPEAL TO HUMAN RESOURCES COMMISSION 31
ARTICLE XXI LABOR- MANAGEMENT COMMITTEE.. 36
ARTICLE XXII FULL UNDERSTANDING 37
Section A 37
Section B 37
2010-2014 NEGOTIATION TEAMS 38
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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 I
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 Public Works
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 §3500
et.seq.).
Section B. APPROPRIATE UNIT
The City agrees to give the Association notice of any changes, additions,
or deletions of bargaining unit by classifications via an emailed copy of the
Human Resources Commission Agenda. The agenda will be emailed to
the Association's authorized agent 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.
The full-time and permanent part-time classifications covered by this
Agreement are:
Building Maintenance Crew Supervisor
Building Maintenance Technician
Equipment Operator
Fleet Maintenance Crew Supervisor
Fleet Technician I and 11
Fleet Technician/Welder
Maintenance Worker
Storekeeper Buyer
Streets Maintenance Crew Supervisor
Traffic Signal/Street Light Technician
Utilities Crew Supervisor
Water Production Crew Supervisor
Water Production Technician 1 and II
Water Quality Backflow Inspector
Section C. MUTUAL RECOMMENDATION
This Memorandum of Understanding constitutes a mutual
recommendation to the City Council, City of Arcadia, for determination.
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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 Public Works bargaining unit's authorized representative is Anthony
Pulido, President of the Arcadia Public Works Employees Association,
11800 Goldring Road, Arcadia, California, 91066-6021. The duly
authorized staff representative is Robin Nahin, Executive Director of City
Employees Associates, 254 B Lindero Avenue, Long Beach, California,
90803.
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 this Memorandum of Understanding shall be effective, upon
ratification by the City Council, for the period July 1, 2011 through
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.
ARTICLE III ASSOCIATION RIGHTS
Section A. AGENCY SHOP LEGISLATIVE AUTHORITY
The City of Arcadia (City) and the Arcadia Public Works Employees
Association (Association) mutually understand and agree that in
accordance with State of California law, per adoption of SB 739, and the
Agency Shop election held on September 15, 2005, a majority of the full
time, regular employees in classifications represented by the Association
voted to be covered by an Agency Shop agreement. As a result of the
Agency Shop election, as a condition of continued employment, this
Agency Shop agreement hereby requires that all bargaining unit
employees:
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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.
1. Association Dues/Agency Fee Collection. Effective with the pay
period beginning September 4, 2005, 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.
2. New Hire Notification. Effective September 15, 2005, all new hires
in the Association shall be informed by the Human Resources
Division, 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, the Memorandum of Understanding 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 elect 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.
3. Failure to Pay Dues/Fees. All unit employees who choose not to
become members of Arcadia Public Works Employees Association
shall be required to pay to Arcadia Public Works Employees
Association a representation service fee that represents such
employee's proportionate share of Arcadia Public Works
Employees Association's cost of legally authorized representation
services on behalf of unit employees in their relations with the City
of Arcadia. Such representation service fee shall in no event
exceed the regular, periodic membership dues paid by unit
employees who are members of Arcadia Public Works Employees
Association. Unit employees who attain such status after the
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effective date of this Agreement shall be subject to its terms thirty
(30) days after attaining unit status.
4. Leave Without Pav/Temporary Assignment Out of Unit. Employees
on an unpaid leave of absence or temporarily assigned out of the
unit shall be excused from paying agency shop fees or charitable
contributions.
5. 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
Arcadia Public Works Employees 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 (30) days unless
notified by Arcadia Public Works Employees 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.
6. Records. Arcadia Public Works Employees Association shall keep
an adequate itemized record of its financial transactions and shall
make available annually, to the City and to unit members, 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 dues paying status with
each Association dues check remitted to the Association.
7. 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
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bargaining unit. A request for such vote must be supported by a
petition containing the signatures of at least thirty percent (30%) of
the employees in the unit. The election shall be by secret ballot and
conducted by California State Mediation and Conciliation and in
accordance with state law.
8. 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 agreement.
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.
Section C. USE OF BULLETIN BOARDS
The City shall provide for the Association's use designated bulletin boards
where employees in the bargaining unit have access during regular
business hours subject to the following conditions:
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
The City will deduct from the pay of Association members the normal and
regular monthly Association membership dues as authorized in writing by
the employee on the City form subject to the following conditions:
1. Such deduction shall be made only upon submission of the City
form to the designated City representative. Said form shall be duly
completed and 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
(15) days or longer after such submission.
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Section E. ACCESS TO FACILITIES
All Association business will be conducted by employees and Association
representatives outside of established work hours.
Nothing herein shall be construed to prevent an Association
representative or an employee from contacting the Human Resources
Administrator or other management representatives regarding personnel
related matters during work hours.
The authorized Association Business Agent shall be given access to work
locations during working hours provided that prior to visiting any work
location the Association representative shall:
1. Contact the Human Resources Administrator or his/her designee,
to state the purpose of his/her visit and which location he/she will
be visiting, and
2. The Human Resources Administrator or designee determines that
such visit shall not interfere with the operations of the department.
In the event the requested time and/or location of such visit by the
Association Business Agent is denied because it would interfere with the
operations of the department, the Human Resources Administrator or his
designee shall set an alternative time and/or location for such visit within
72 hours.
Section F. ASSOCIATION STEWARDS
Four (4) Shop Stewards shall be selected in such manner as the
Association may determine.
The Association shall notify the employer in writing of the names of the
four (4) Stewards who are authorized to represent employees in the
bargaining unit.
Section G. REASONABLE NOTICE
It is mutually understood and agreed that a copy (via the United States
Postal Service) of the City Council and/or Human Resources Commission
agenda for each meeting mailed to two (2) authorized representatives of
the Association shall constitute reasonable written notice of any
opportunity to meet with such agencies, on all matters within the scope of
representation upon which the City Council or Human Resources
Commission may act. The Association shall provide the Human
Resources Administrator with the name and addresses of the two (2)
authorized representatives within five (5) days of the effective date of this
Agreement.
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.
ARTICLE V COMPENSATION
Section A. SALARY SCHEDULES
The City agrees to increase base salaries of classifications covered by this
MOU in the amount of two and thirty-four hundredths of a percent (2.34%),
effective July 1, 2011, and two and one-third 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. PROMOTION OR ADVANCEMENT
Promotion or Advancement in Rate of Compensation. 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 5% increase in
compensation unless the top step in such range provides less than one
step increase. The 5% shall be measured by the range from which the
employee is promoted.
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 C. PERCENTAGES BETWEEN STEPS/RANGE
The Parties acknowledge that the percentage between steps within a
range is approximately two and one half percent (2.5%).
Section D. ADVANCES IN RATE OF COMPENSATION
During the term of this Agreement, individuals will advance in their rates of
compensation two steps (approximately 5.0%) on their anniversary dates
upon receiving satisfactory evaluations until the top step in the range is
reached.
ARTICLE VI RETIREMENT
Section A. EMPLOYEES HIRED BEFORE JULY 1, 2011
The City's existing contract with CaIPERS provides for the 2.5% @ 55
retirement formula. Upon ratification of this Agreement, the City shall
begin the process necessary to implement employee contributions to
offset a portion of the City's costs related to CaIPERS retirement benefits
pursuant to §20516(f) (Employee Sharing Cost of Additional Benefits).
The employee cost-sharing will be accomplished through pre-tax
deductions in the manner contemplated by §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 §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:
1. Effective July 1, 2011, employees will pay two and thirty-four
hundredths of a percent (2.34%) of PERSable compensation to
CaIPERS retirement via payroll deduction;
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2. Effective July 1, 2012, employees will pay an additional two and
one-third percent (2.33%) of PERSable compensation to
CaIPERS retirement for a total of four and sixty-seven
hundredths of a percent (4.67%) via payroll deduction;
3. Effective July 1, 2013, employees will pay an additional two and
one-third 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
§20636(c)(4) of the Government Code. Further, said amount will be
allocated to the employee's retirement account.
Section B. 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 2"d Tier of retirement benefits with CaIPERS for
the following benefits:
1. 2% at age 60 retirement formula;
2. Three (3) year average final compensation period (Government
Code §20037);
3. Employee will pay the full seven percent (7%) member
contribution to CaIPERS via payroll deduction;
4. Special Compensation items shall be reported to CaIPERS in
accordance with applicable law;
5. 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.
6. 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.
Section C. 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.
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ARTILCE VII OVERTIME (FLSA) AND WORK SCHEDULES
Section A. OVERTIME
With the approval of the City Manager, and when necessary to perform
essential work, a Department Administrator may require employees to
work at any time other than during regular working hours until such work is
accomplished. An employee required to be in a work status beyond forty
hours (40) 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
regular hourly rate. No overtime credit shall be allowed for any period less
than one-half hour. Overtime shall be rounded to the nearest one-half
hour.
The Department Administrator, City Manager or designee, may permit an
employee to take 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
reached, overtime shall be paid. The scheduling of compensatory time off
shall not result in the pyramiding of overtime.
Section B. RECALL
Employees recalled to work after completing a day's work, including any
overtime shall receive a minimum credit of two (2) hours of overtime.
Section C.
When an 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 7 day work period, 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.
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Section D. WORK SCHEDULES
The City agrees that if it decides to change the current 9-day — 80 hour
work schedule, the City will give the Association two (2) weeks advance
notice and will meet and confer with the Association prior to implementing
a new work schedule; provided, however, the City will not be required to
meet and confer before implementing a new work schedule in the case of
an emergency affecting City operations.
If in the event the City determines an emergency exists, it may modify an
employee's regular work hours. Reasonable notice will be given by the
City to affected employees.
ARTICLE VIII STABILITY PAY/LONGEVITY PAY
Section A. STABILITY PAY See Side Letter as Exhibit B.
Section B. LONGEVITY PAY
A Longevity Pay benefit will be implemented based on the following
formula:
Completed Years of
Continuous Service Amount Per Pay Period
5-9 Yrs $38.462
10-14 Yrs $57.693
15 Yrs + $76.924
The Longevity Pay benefit is effective the pay period an employee
completes 5, 10 or 15 years of continuous employment with the City.
ARTICLE IX 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.
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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.
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.
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.
ARTICLE X MILEAGE REIMBURSEMENT
Mileage is reimbursed 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 XI HEALTH, DENTAL AND LIFE INSURANCE
Section A. CONTRIBUTION
The City shall provide regular full-time employees in a classification
represented by this Agreement with the following contributions:
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.
3. Optional Benefits: Subject to the limits set forth herein, the City
shall contribute the remaining amount of employee's health and
dental insurance benefit allowance through a contribution to a
Internal Revenue Code §125 Cafeteria Plan as follows:
a. The City shall pay up to a maximum of $915 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.
b. 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.
c. 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.
d. Dependent enrollment will require proof of eligibility for
dependent status including social security number, marriage,
birth and/or adoption certificates.
4. Life Insurance: The City shall provide a $25,000 Life & AD&D
benefit for eligible employees.
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5. Vision Plan: The City shall provide each employee with a vision
plan, with the City paying the premium in fiscal years FY11-12,
FY12-13 and FY13-14. The vision plan will be Vision Service Plan,
Option B. The City will pay the premium up to the cost of the family
plan.
Section B. RETIREE HEALTH - 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 I 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* (*rates are determined by region of residence).
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
("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/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 * (*rates are
determined by region of residence; Los Angeles rates for 2012 are
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
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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/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.
3. Eligible Retiree. An "eligible retiree" is a unit member who retires on a
service, disability, or industrial disability retirement and has 1,000
hours of accumulated sick leave at the date of retirement. 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, 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 an absence or absences caused by a serious
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.
In addition, the eligible employee must apply prior to retirement for
such coverage through Human Resources. The Association shall notify
Human Resources in the event of the death of a retired member.
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.
Section C. 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 XII DISABILITY INCOME INSURANCE
The City shall provide disability income insurance up to a maximum total monthly
payment of $12.81 per full-time employee, covered by this agreement during the life of
the Agreement.
ARTICLE XIII MEDICAL EXAMINATIONS
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 XIV UNIFORMS
The following shall apply for each fiscal year:
Section A. The City shall provide each new employee with seven (7) sets of uniforms
consisting of shirts and trousers with the exception of Fleet employees
who shall be provided 11 sets of shirts and trousers. Employees who
work with high-voltage and/or due to medical condition shall be provided
with fire-retardant clothing per discretion of the Crew Supervisor.
The City shall provide only one (1) replacement for any damaged or lost
shirt and trouser/shorts.
Section B. The City will reimburse up to $150.00 for each pair of steel-tip,
non-conductive boots for those full-time regular employees who work
regularly with electricity and all other covered employees for general steel-
tip boots. The City will not pay for any additional items such as socks,
polish or extra laces.
Section C. The City shall provide ten (10) orange t-shirts with a City logo for each full-
time permanent employee.
Section D. The City shall provide two (2) City of Arcadia hats for each full-time
permanent employee.
Section E. The City shall provide one (1) pair of rain bots for each full-time permanent
employee. The City shall provide replacement rain gear on an as needed
basis or determined by the supervisor.
Section F. The City shall provide one (1) set of rain gear for each full-time permanent
employee. The City shall provide replacement rain gear on an as needed
basis or determined by the supervisor.
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Section G. The City shall provide one (1) sweatshirt for each full-time permanent
employee.
Section H. Upon termination of employment, the employee shall turn in all uniforms
and other items issued shall have a dollar amount equal to the unreturned
uniforms' and items costs that will be deducted from the employee's final
pay check.
ARTICLE XV LEAVE
Section A. LEAVE
In accordance with the current Personnel Rules and Regulations of the
City of Arcadia, all leaves for classifications represented by this
Agreement shall be provided for as follows:
Section B. POWER TO GRANT LEAVE
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 with or 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/her 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/her
classification before or at the expiration of his 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.
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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.
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.
Section C. TEMPORARY MILITARY LEAVE (PAID AND UNPAID)
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.
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 §§143, 146, 395, 395.05, 395.06 and 566.
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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. Every full-time employee represented 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 years of continuous
full-time employment with the City; at the rate of 4.61 hours per pay
period between the employee's fifth and tenth anniversary date of
continuous full-time employment; at the rate of 5.22 hours per pay
period between the employee's tenth and fifteenth anniversary date of
continuous full-time employment, and at the rate of 6.15 hours per pay
period after fifteen years of continuous full-time employment with the
City. Accumulated vacation shall be granted at the discretion of the
appointing power.
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.
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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 past practice for that employee, the City Manager for good
cause may approve excess accumulated vacation, provided the
employee reduces the 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 prorated 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 50% of the pay period, the
employee shall receive credit for that pay period's vacation accrual. If
an employee works less than 50% of the pay period, the employee
accrues nothing.
5. 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 80 hours in the calendar
year.
Section E. SICK LEAVE
1. Every full-time employee represented by this agreement shall be
granted sick leave with full pay. Said sick leave shall be accumulated
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 2,000 hours of sick
leave with pay. For the purposes of overtime calculation, paid sick
leave, when accompanied by a doctor's note verifying illness, shall be
regarded as hours worked.
2. 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 non-work related medical condition or due to a
scheduled medical or dental appointment during regular working hours
for a non-work related medical condition. 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 F 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 their attendance upon a
member of the employee's family dependent who is seriously ill and
requiring the attendance of such employee. Sick leave may also be
used when the employee's family dependent 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 order to be eligible for sick leave, an employee must provide at least
fifteen (15) minutes advance notice of an absence. Failure to do so
without good cause may result in denial of sick leave and disciplinary
action.
7. In case of absence due to illness, the employee shall notify his
department in accordance with departmental rules and explain the
nature of the illness. 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.
8. Upon separation from the City of Arcadia, an employee who works
50% of the final pay period, shall receive credit for that pay period's
sick leave accrual. If an employee works less than 50% of the pay
period, the employee accrues nothing.
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Section F. WORKERS' COMPENSATION
In those instances where an employee of the City of Arcadia is injured on
duty and the injury is so recognized by the Workers' Compensation Act by
the City of Arcadia or the Workers' Compensation Appeals Board, such
employee may be paid a combination of salary and Workers'
Compensation equal to his regular salary rate for such time as he is
absent from duty because of such injury. Such payment shall be granted
only to employees with three or more full years of continuous service with
the City as well as to those who have completed their initial probation with
the City as of June 14, 1999. The leave shall be for up to a maximum of
ten months from and after date of such injury. Lost time due to an injury on
duty shall not be charged against an employee's accumulated sick leave.
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.
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.
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2. In lieu of Citywide holidays to celebrate Dr. Martin Luther King's
birthday and Admission 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
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 Admission Day as a
fixed Citywide holiday, the floating holiday(s) based thereon shall
cease and eligible employee shall receive the fixed Citywide holiday(s).
3. 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, Admission 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, Admission Day and/or the
Employee's birthday).
4. As an example, an employee hired on July 15, whose birthday is
August 5, would receive a floating holiday for his birthday, Admission
Day and Dr. Martin Luther King'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.
5. If a holiday falls on a Friday that City operations are closed, under the
9/80 work schedule, each employee will receive eight (8) hours of
floating holiday time. 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.
6. Each employee in a classification represented by this MOU shall be
allowed eight (8) hours floating holiday for his or her birthday to be
scheduled by the employee in the same manner as vacation days are
scheduled. Floating holidays do not carry over from calendar year to
calendar year. Failure to schedule the day off within the calendar year
shall result in its loss.
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Section H. WITNESS LEAVE
An employee who is subpoenaed or required to appear in Court as a
witness shall be deemed to be on a leave of absence. With approval of the
appointing power and City Manager, the employee may be granted leave
with pay during the 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.
Section I. 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/registered domestic partner, 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; provided, however, if the
employee is required to travel more than three hundred (300) miles from
his or her residence, the employee may take an additional two (2) days
which will be charged to accrued sick leave.
Section J. UNAUTHORIZED ABSENCE
Unauthorized leaves of absence are cause for immediate dismissal.
ARTICLE XVI 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.
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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 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.
ARTICLE XVII ACTING PAY
Section A. ACTING PAY
Any employee in the unit who is required, in writing, to work three (3)
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; or
2. An employee in the classification of Maintenance Worker assigned
to an acting position of Crew Supervisor in the following: Building
Maintenance, Fleet Maintenance, Maintenance, Water
Maintenance, Water Production, and/or Water Services
Representative shall receive ten (10) percent above their current
rate of pay; or
3. 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.
Section B. EXCEPTION
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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ARTICLE XVIII LAYOFFS
Section A. LAYOFF PROCEDURE
The City Manager or appointing power may lay off an employee in the
Classified Service because of a material change in duties or organization,
inclement weather, adverse working conditions, shortage of work or funds
or return of employees from authorized leave of absence.
The order of layoff shall be temporary, probationary, and then regular
employees and shall be (1) based on performance and (2) in the reverse
of total cumulative time served in the same class or promotional field upon
the date established for the layoff to become effective. 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.
Regular 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 an employee holding the lower position.
Section B. RE-EMPLOYMENT LIST
The names of employees shall be placed upon reemployment lists in the
reverse order of the layoff. Re-employment lists shall remain effective for
two (2) years from the effective date of separation from service.
Section C. SEVERANCE PAY
A full-time employee whose position is abolished or vacated by a
reduction in work load or lack of funds, and has at least one (1) year of
consecutive full time service with the City shall receive, upon termination,
severance pay. Severance pay shall be a lump sum payment equal to
1/5th of their previous months' salary times the number of years of
consecutive service, not exceeding five (5) years of service.
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ARTICLE XIX PERSONNEL FILES
Section A. PERSONNEL FILES
The City shall maintain a central personnel file for each employee.
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.
An employee or their designated representative (in writing) shall have the
right to examine and/or obtain copies of any material from the employee's
personnel file. Such copies shall be provided at the employee's cost.
Section B. PROMOTIONAL RECUITMENTS
Discipline older than three (3) years will not be considered in promotional
recruitments.
Section C. WRITTEN REPRIMAND REVIEW
Effective July 1, 2011, the Human Resources Administrator or designee
agrees to conduct an informal meeting with members who receive a
written reprimand and wish to discuss said reprimand.
ARTICLE XX 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.
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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.
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.
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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.
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.
30
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 Administrator. 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 Administrator on the
official City grievance form.
The Human Resources Administrator may require the employee and
the immediate supervisor to attend a grievance meeting. The Human
Resources Administrator 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 Administrator or if the
Human Resources Administrator 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 Administrator's decision or twenty (20) days from the date
the Human Resources Administrator 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.
31
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. 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.
32
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.
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.
33
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.
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
34
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 its 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.
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.
35
Either the employee or the department may file a written appeal to the
proposed decision, by filing exceptions thereto with the Human
Resources Administrator 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 XXI LABOR - MANAGEMENT COMMITTEE
The City and the Association hereby agree to the establishment of an ad hoc committee
to discuss employer-employee relation matters.
Each side may designate up to two (2) Public Works Services Department
representatives to serve on the committee. For purpose of coordination only, the Human
Resources Administrator shall be chairman of the committee. The committee shall meet
quarterly as necessary, at a mutually agreed upon time and place. The party requesting
the meeting shall submit an agenda of topics to be discussed no less than five (5) days
prior to the scheduled meeting date.
36
ARTICLE XXII FULL UNDERSTANDING
Section A. This Memorandum of Understanding 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 and unqualifiedly waives its rights and
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. However, the specific provisions
of this contract may not be reopened during the term of this contract
without the consent of the City and the Association.
Section B. The parties h reto have ca sed the Memorandum of Understanding to be
executed thisl7rnday of 4 sf , 2011.
ARCADIA PUBLIC WORKS CITY OF ARCADIA
EMPLOYEES ASSOCIATION
Anthony Pulido Don Penman
APWEA President City Manager
37
2010-2014 NEGOTIATION TEAMS
APWEA City of Arcadia
Kevin Henderson, Tom Tait,
Team Member Public Works Services Director
Jerry Moeller, Hue Quach,
Team Member Administrative Services Director
Anthony Pulido, Michael A. Casalou,
Team Member Human Resources Administrator
Jon Shoemaker, Yvonne Yeung,
Team Member Senior Management Analyst
Kevin Tobin, William W. Floyd, Jr.,
Team Member Attorney
Mike Gaskins,
CEA Representative
38
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Exhibit"B"
LETTER OF AGREEMENT
BETWEEN
THE CITY OF ARCADIA
AND
ARCADIA PUBLIC WORKS EMPLOYEE ASSOCIATION
The City of Arcadia and the Arcadia Public Works Employee Association (APWEA)
agree to amend Article VIII, Section A, Stability Pay/Longevity Pay of the 2011-2014
MOU as follows:
Section A. STABILITY PAY
Stability Pay is applicable only to employees who were hired prior to July 1, 1983. The
plan pays $25 per year for each year of consecutive service up to a maximum of twenty
years (20)of service, where the maximum attainable is $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.
Anthony Pu�o Date Don Penman Date
APWEA President City Manager