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RESOLUTION NO, 6126
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, APPROVING
MEMORANDA OF UNDERSTANDING FOR
EI\1PLOYEES REPRESENTED BY ARCADIA PUBLIC
WORKS EMPLOYEES ASSOCIATION (APWEA) AND
FOR EMPLOYEES REPRESENTED BY CALIFORNIA
TEAMSTERS UNION LOCAL 911 AND SETTING AN
IMPLEMENT A TION SCHEDULE FOR SUBJECT
EMPLOYEES AND FOR THE ARCADIA FIREFIGHTERS'
ASSOCIATION (AFFA Resolution 6123) AND
MANAGEMENT EMPLOYEES (Resolution 6113)
,
THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE
AS FOLLOWS:
SECTION 1, The salary and benefits set forth herein for Public
Works employees are predicated on the attached Memorandum of
Understanding (MOU) by the City and the APWEA which MOU reflects
agreed upon compensation and benefits,
SECTION 2. The salary and benefits set forth herein for
Confidential/Supervisory/Professional and General Employee Unit
employees are predicated on the attached Memorandum of Understanding
(MOU) by the City and the California Teamsters, Union Local 911. which
MOU reflects agreed upon compensation and benefits.
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6126
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SECTION 3. The Memoranda of Understanding referred to in this
Resolution are hereby approved and authorized for execution by the City
Manager.
SECTION 4. With reference to Resolution No. 6123 concerning the
MOU for AFFA and Resolution No, 6113 concerning Management
Employees both of which were approved on June 15, 1999 and the MOUs
referred to in Sections 1 and 2 above, the effective dates shall be June 21,
1999 and June 18, 2000 which are the applicable pay periods for the
compensation set forth therein.
SECTION 5, That the City Clerk shall certify to the adoption of this
Resolution,
Passed, approved and adopted this 6th day of
July
,1999,
Ma r of the City of Arcadia
ATTEST:
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Clerk
APPROVED AS TO FORM:
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City Attorney
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6126
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JUNE D, ALFORD, City Clerk of the City of Arcadia, hereby certify that the
foregoing Resolution No. 6126 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 6th day of July, 1999 and that said Resolution was
adopted by the following vote, to wit:
AYES: Councilmember Harbicht, Kovacic, Marshall, Roncelli and Chandler
NOES: None
ABSENT: None
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lerk of the .
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6126
CITY OF ARCADIA
AND
ARCADIA PUBLIC WORKS EMPLOYEES ASSOCIATION
MEMORANDUM OF UNDERSTANDING
JULY 1, 1999 - JUNE 30, 2001
.
TABLE OF CONTENTS
Page
Article I Parties and Recognition 1
Appropriate Unit 1
Mutual Recommendation 1
Article II Terms 2
Savings Clause 2
Article III Union Rights 3
. Right To Join 3
. Use of Bulletin Boards 3
. Payroll Deduction 3
. Access to Facilities 3
. Union Stewards 4
. Reasonable Notice 4
Article IV Management Rights 5
Article V Compensation 6
. Promotion or Advancement 6
. Special Assignment Pay 6
Article VI Overtime (FLSA) 7
Article VII Stability Pay 8
Article VIII Tuition Reimbursement 9
Article IX Mileage Reimbursement 10
Article X Health, Dental and Life Insurance 11
. Retired Health Insurance 12
Article XI Disability Income Insurance 14
Article XII Medical Examinations 15
Article XIII Uniforms 16
TABLE OF CONTENTS
PaQe
Article XIV Leaves 17
. Provided For 17
. Power to Grant Leave 17
. Temporary Military Leave 18
. Vacation Leave 19
. Sick Leave 20
. Workers' Compensation 21
. Holidays 22
. Witness Leave 23
. Unauthorized Absence 23
Article XV Probationary Period 24
Article XVI Acting Pay 25
Article XVII Lay Offs 26
. Layoff Procedure 26
. Reemployment List 26
. Severance Pay 26
Article XVIII Personnel Files 27
Article XIX Employee Grievances 28
. Procedure 28
. General Provisions 29
. Definitions 30
Article XX Labor-Management Committee 31
Article XXI Full Understanding/Execution of Agreement 32
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 an exclusively recognized organization, for those classifications
listed in section B of this article, hereinafter referred to as the "Union",
pursuant to the provisions of the Myers-Milias-Brown Act (Government Code
Sections 3500 et.seg.).
Section B. APPROPRIATE UNIT
The full-time and permanent part-time classifications covered by this
agreement are:
Building Maintenance Crew Chief
Building Maintenance Technician
Equipment Operator
Fleet Maintenance Crew Chief
Fleet Technician I and II
Fleet Technician/Welder
Maintenance Crew Chief
Maintenance Worker
Storekeeper/Buyer
Water Maintenance Crew Chief
Water Production Crew Chief
Water Production Technician I and II
Water Quality Backflow Inspector
Water Services Representative Crew Chief
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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ARTICLE /I
Section A. TERMS
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 of the City
Council effective July 1, 1999 and ending June 30, 2001.
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,
2
ARTICLE III UNION RIGHTS
Section A. RIGHT TO JOIN
The City and the Union 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 B. USE OF BULLETIN BOARDS
The City shall provide for the Union's use designated bulletin boards where
employees in the bargaining unit have access during regular business hours
subject to the following conditions:
a) all postings for bulletin boards must contain the date of posting and the
identification of the organization and
b) the Union 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 90 days.
Section C, PAYROLL DEDUCTION
The City will deduct from the pay of Union members the normal and regular
monthly Union membership dues as voluntarily 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 days or
longer after such submission,
Section D. ACCESS TO FACILITIES
All Union business will be conducted by employees and Union representatives
outside of established work hours.
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ARTICLE 1/1 {continued}
Nothing herein shall be construed to prevent a Union representative or
an employee from contacting the Human Resources Manager or other
management representatives regarding personnel related matters during
work hours,
The authorized Union Business Agent shall be given access to work locations
during' working hours provided that prior to visiting any work location the
Union representative shall:
1. contact the Human Resources Manager or his designate, to state the
purpose of his visit and which location he will be visiting, and
2, the Human Resources Manager or designate 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 Union
Business Agent is denied because it would interfere with the operations of the
department, the Human Resources Manager or his designate shall set an
alternative time and/or location for such visit within 72 hours.
Section E. UNION STEWARDS
Four (4) Shop Stewards shall be selected in such manner as the Union may
determine.
The Union 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 F, 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 authorized representatives of the Union 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 Councilor Human Resources Commission may act, The Union shall
provide the Human Resources Manager with the name and addresses of the
two authorized representatives within five days of the effective date of this
agreement.
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ARTICLE IV MANAGEMENT RIGHTS
Section A. 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/orthe 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.
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ARTICLE V COMPENSA TION
Section A. The City shall continue to pay 7% of the employee's contribution to the Public
Employee's retirement System.
The City of Arcadia conducted a classification and compensation study
completed March 12, 1999 which included a recommended salary schedule.
Effective July 4, 1999 employees shall be placed on said salary schedule at
the step representing the nearest dollar to their salary on July 3, 1999, In
addition, employees currently at E step shall advance an additional step
(approximately 2.5%) unless the nearest dollar placement is at the top or J
step with the exceptions that the incumbent of the class Fleet Technician II
shall advance two steps and the incumbent of the class Fleet
Technician/Welder shall advance three steps. After this placement on the
recommended salary schedule the schedule shall then be improved by 2.5%.
Individuals in the classification of Building Maintenance Technician shall be
held at current salaries (Y-rated) until a salary improvement increase which
results in the Y -rate falling below the new amount for the top step of their
salary range.
Effective July 2, 2000 the salary schedule shall be improved by 3.0% for
represented employees.
Section B, 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
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.
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 C. The Parties acknowledge that the percentage between steps within a range is
approximately 2.5%.
Section D. 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.
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ARTICLE VI OVERTIME (FLSA)
Section A. 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 or City Manager, 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 sixty (60) 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. 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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ARTICLE VII STABILITY PAY
Section A. This feature of the Pay Plan is intended to encourage stability of employment
by recognizing years of service with compensation. The plan pays $25 per
year for each year of consec.utive service up to a maximum of twenty (20)
years of service, An employee is not eligible to receive stability pay until they
have completed five (5) years of consecutive service. The following is the
schedule of how stability pay is calculated.
Completed Years Completed Years
of Service Amount of Service Amount
1 1 $275 16 $400
12 $300 17 $425
13 $325 18 $450
14 $350 19 $475
15 $375 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, 1 984.
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ARTICLE VIII TUITION REIMBURSEMENT
Section A. City will reimburse the employee 100% of the cost of books, fees and tuition
for up to 7 semester or 9 quarter units during each semester/quarter at rates of
the California State University system. The reimbursement shall be for only
courses that are directly related to the employee's position as determined by
the City Manager. No general education course or other courses not directly
related to the job would be approved for reimbursement.
Prior to reimbursement of costs, 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.
Any employee who shall terminate employment within one year from the
completion of a class or classes shall refund all tuition paid under this provision
unless he was required to attend by the appointing power.
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ARTICLE IX MILEAGE REIMBURSEMENT
Section A. 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 X HEAL TH, DENTAL AND LIFE INSURANCE
Section A. The City will continue to provide Health, Dental and Life Insurance benefits to
each full-time employee in a classification represented by this agreement.
Effective July 1, 1996, the City shall pay up to a maximum of $508,00 per
month per employee for coverage.
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.
If the premium cost of the health plan exceeds the City's 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. Effective February 1, 1999 the City shall provide regular full-time employees in
a classification represented by this Agreement with the following
contributions:
1. CalPERS Health Program
The City will contribute $1 6 per month per employee for health
insurance.
2. Dental Insurance - mandatory enrollment
The City will contribute $13.20 per month for employee only enrollment
in one of the two dental plans, Additional coverage may be purchased
through the Optional Benefits allocation,
3. Optional Benefits
The City shall contribute $478.80 per month per eligible employee
toward an optional benefits plan. The employee may receive this 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, dental insurance, supplemental life insurance, optional long term
disability insurance or deferred compensation plan. Any monies received
in cash will be considered as taxable income but are not considered base
salary for purposes of overtime calculation,
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ARTICLE X (continued)
The employee's exercise of the option to use the difference toward
dependent health coverage is subject to the conditions controlling
enrollment periods and eligibility established by the respective plans or
carriers.
Dependent enrollment will require proof of eligibility for dependent status
such as marriage, birth and adoption certificate.
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.
4. The City shall continue to provide each employee with life insurance in he
amount of $7,500.00.
Section B. RETIRED HEALTH INSURANCE
The City agrees to pay the employee-only health insurance premium for eligible
retirees from the classifications represented by this agreement who retire after
July 1, 1985. Such payment shall cease by employee's sixty-fifth (65)
birthday. If the retired employee has other group medical coverage available to
him/her, then this other group insurance shall be primary and the City's health
insurance plan shall function as secondary co-insurance.
An eligible retiree is an employee who retirees on a SERVICE retirement and
has 125 days of accumulated sick leave at the date of retirement. An
employee who has fewer than 125 days of accumulated sick leave at the date
of retirement may become eligible for coverage for the employee only health
insurance premium by paying the City an amount equal to his daily pay rate at
the time of retirement times the number of days needed to meet the 125 days
of accumulated sick leave requirement. In addition, the eligible employee must
apply prior to retirement for such coverage through Human Resources. The
Union shall notify Human Resources in the event of the death of a retired
member.
Effective February 1, 1999 retirees will be subject to the terms of the CalPERS
Health Program. In this program the City will pay to CalPERS $1,00 per month
for the retiree's health insurance, This amount increases annually by 5% until
it is equal to the City contribution for active employees of $16,00 per month.
The difference between this contribution and the employee only cost of the
insurance selected by the retiree will be refunded to the retiree by the City on a
monthly basis based on a report by CalPERS of the retiree's continued
enrollment.
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ARTICLE X (continued)
In order to be eligible for retiree health coverage, the employee 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 CalPERS Health Program as stipulated by
the Health Program.
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ARTICLE XI DISABILITY INCOME INSURANCE
Section A, 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.
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ARTICLE XII MEDICAL EXAMINA TIONS
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.
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ARTICLE XIII UNIFORMS
Section A, The City shall provide each employee with seven (7) sets of uniforms
consisting of shirts and trousers.
Section 8, The City shall provide one medium weight uniform jacket for each uniformed
employee.
Section C. Upon termination of employment the employee shall turn in all uniforms issued
or shall have a dollar amount equal to the lost uniform cost deducted form the
employee's final check.
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ARTICLE XIV
LEA VES
Section A. 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 8, 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
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 leave of absence. Therefore, a leave of absence shall be
granted only to an employee who intends to return to his 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.
6. The granting of a leave of absence of thirty 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 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.
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ARTICLE XIV (continued)
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 California
State Law.
To be eligible for paid leave for 30 calendar days of active military training, an
employee must have been employed by the City for a period of not less than
one 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 30 calendar days in anyone
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.
This leave does not apply to employees who are drafted or receive orders to
military duty for periods longer than 180 calendar days. Employee's right to
return to vacant positions after an absence that exceed 1 80 days shall be
governed by the applicable federal and state law.
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ARTICLE XIV (continued)
Section 0, V ACA TION 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,
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 carryover 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 more than 50% of the pay period, the employee shall
receive credit for 50% of the pay period's vacation,
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ARTICLE XIV (continued)
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.
2. The appointing power and City Manager may require a medical
examination by a physician of any employee during absence on account
of illness of such employee,
3. 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.
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, An employee represented by this agreement, with the exception of
temporary appointments, may be granted a leave of absence with pay
upon approval of the Department Head and the City Manager at the time,
20
ARTICLE XIV {continued}
of death, or where death appears imminent, in the immediate family,
defined as the spouse, the employee's or employee's spouse's mother
stepmother or father, stepfather, brother or sister, child or stepchild,
grandparents, grandchildren, or any relative of the employee's spouse
residing in the same household. Such leave, up to a maximum of three
(3) working days at one time, shall not be charged against sick or other
leave. If over three (3) working days of such leave is granted, at one
time, that amount over three (3) days shall be charged against sick or
other leave.
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.
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.
21
ARTICLE XIV (continued)
Section G. HOLIDAYS
1. Each employee in a classification represented by this MOU shall be
allowed the following holidays with eight (8) hours of regular pay:
New Year's Day - January 1
Washington's Birthday - 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
The Friday following the fourth Thursday in November
Christmas Eve - December 24 - 4 hours
Christmas Day - December 25
New Years Eve - December 31 - 4 hours
Every day appointed by the City Council for a public fast,
thanksgiving or holiday.
2, In lieu of a citywide holiday to celebrate Dr,. Martin Luther King's
birthday, unit members shall receive eight (8) hours of floating holiday to
be scheduled by the employee in the same manner as vacation days are
scheduled. Floating holidays do not carryover from calendar year to
calendar year. Failure to timely schedule the day off shall result in its
loss.
If the City adopts Dr. Martin Luther King's birthday as a citywide holiday,
this floating holiday shall cease and the unit members shall receive the
citywide holiday.
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.
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 carryover from calendar year to
calendar year. Failure to schedule the day off within the calendar year
shall result in its loss.
22
ARTICLE XIV (continued)
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 leilVe 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.
UNAUTHORIZED ABSENCE
Unauthorized leaves of absence are cause for immediate dismissal.
23
ARTICLE XV PRODA TIONARY 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 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.
24
ARTICLE XVI
ACTING PA Y
Section A. 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 payor A step of the higher
classification; or
2. an employee in the classification of Maintenance Worker assigned to an
acting position of Public Works Foreman, Water Foreman, Building
Maintenance Technician, or Water Service 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, Nothing contained herein shall apply to an employee who is being trained by
the City to qualify for a higher classification.
25
.
ARTICLE XVII
LA YOFFS
Section A. LAYOFF PROCEDURE
The City Manager or appointing power may layoff 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,
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 re-employment 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
fulltime 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.
26
ARTICLE XVIII
PERSONNEL FILES
Section A, 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. Discipline older than three (3) years will not be considered in promotional
recruitments.
27
ARTICLE XIX
EMPLOYEE GRIEVANCES
Section A, PROCEDURE
An employee who feels they
through the proper channel.
presenting a grievance:
have a grievance has the right to express it
The following procedure shall be followed in
1. Within fifteen (15) days of the occurrence of the event giving rise to the
grievance, the employee shall discuss the grievance with the immediate
supervisor.
2, If, after discussing the grievance with the supervisor, the employee is still
dissatisfied, a written grievance may be filed by the employee with the
individual in the next higher position in the department provided such
written grievance is filed within ten (10) days of the meeting referred to
in the paragraph above (A-1).
A decision in writing within ten (10) workdays shall be communicated to
the employee. If the response is not made within the time limits, or if the
employee is still dissatisfied, the employee may appeal in writing to the
department administrator,
3. An employee proceeding to the department administrator shall file a
written appeal within five (5) workdays of notice of the decision referred
to in the paragraph above (A-2) or within five (5) workdays of the lapse
of the time limits.
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) workdays of receiving
the grievance or the holding of a grievance meeting, whichever is longer.
If the response is not made within the time limits or if the employee is
still dissatisfied, the employee may appeal in writing to the Human
Resources Manager.
4. An employee appealing to the Human Resources Manager shall file a
written appeal within five (5) workdays of notice of the decision referred
to in the paragraph above (A-3) or within five (5) workdays of the lapse
of the time limits within which the written decision was required.
28
ARTICLE XIX (continued)
The Human Resources Manager shall then take whatever action deemed
appropriate to resolve the grievance and 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) days of receiving the grievance or the holding of a grievance
meeting, whichever is longer.
I'f the Human Resources Manager's response is not made within the. time
limits, or if the employee is still dissatisfied, the employee may appeal in
writing to the Human Resources Commission. Such appeal shall be filed
within five (5\ workdays of notice of the decision or within five (5\
workdays of the lapse of the time limits within which the written
decision was required.
5, The Human Resources Commission shall within five (5) workdays of
receipt of the appeal, set a date for a hearing, Such hearing date shall be
within thirty (30) calendar days from the date of receipt of the appeal.
6. All of the facts shall be presented to the City Manager, along with the
recommendation of the Human Resources Commission. The employee
shall have the right to meet with the City Manager, within five (5)
workdays from the date the Human Resources Commission makes a
recommendation to the City Manager.
The City Manager shall render a final decision in writing within ten (10)
workdays after reviewing the recommendation of the Human Resources
Commission or the holding of a grievance meeting, whichever is longer.
Section B. GENERAL PROVISIONS
1. The grievant has the right of representation of the grievant's choice at all
formal levels, The Human Resources Manager shall be notified of the
representative, if any.
2. Except by mutual agreement, failure by the employer at any level to
communicate a decision within the specified time limit shall permit the
grievant to proceed to the next level.
3, Except by mutual agreement, failure by the grievant, at any level, to file
or appeal a grievance to the next level within the specified time limit shall
be considered acceptance of the resolution of the grievance at that level.
29
ARTICLE XIX {continued}
4. Time limits may be waived by the mutual consent of the grievant and the
Human Resources Manager.
Section C, DEFINITIONS
1 . Grievance
All allegations by any employee in the classified service that the
employee has been adversely affected by a violation of a specific
provision of the Memorandum of Understanding or Personnel Rules and
Regulations.
2. Grievant
An aggrieved person is any employee in the classified service adversely
affected by a violation of a specific provision of the Memorandum of
Understanding or Personnel Rules and Regulations.
3. Written Grievance
The written grievance shall set forth a clear statement of the grievance,
the specific Personnel Rules{s) and/or section{s) of the Memorandum of
Understanding involved, the circumstances involved, the decision
rendered at the informal conference and the specific remedy sought,
4. Written Appeal
The written appeal shall outline the same information specified in the
written grievance definition, plus' the decision rendered at the previous
StElp(s) in the process.
5. Workday
A workday is any day the City offices are regularly open for business.
30
ARTICLE XX LABOR - MANAGEMENT COMMITTEE
Section A, The City and the Union hereby agree to the establishment of an ad hoc
committee to discuss employer-employee relation matters,
Each side may designate up' to two (2) Maintenance Services Department
representatives to serve on the committee. For purpose of coordination only,
the Human Resources Manager 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.
31
, ' ,
ARTICLE XXI
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 Union 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 Union 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 Union,
Section B. The parties hereto have caused this Memorandum of Understanding to be
executed this _ day of June, 1999.
APWEA CITY OF ARCADIA
Robert Cunningham, President
APWEA
William R. Kelly
City Manager
32
, ,
ARTICLE XXI
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 Union 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 Union 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 Union.
Section B. The parties hereto have caused this Memorandum of Understanding to be
executed this _ day of June, 1999.
APWEA CITY OF ARCADIA
Robert Cunningham, President
APWEA
William R. Kelly
City Manager
32
, , .
NEGOTIATION TEAMS
APWEA
Anthony Capra, Team Member
Robert Santana, Team Member
Mark Ornelas, Team Member
Guido De Rienzo, Business Represenative
CITY OF ARCADIA
Carol Przybycien, Human Resources Manager
David Bell, Risk Manager
Bud Holcomb, Utilities Superintendent
33
, ' ,
APWEA SALARY RANGES
Range
Number Title
56 Building Main!. Crew Chief
50 Building Maintenance Tech
50 Equipment Operator
60 Fleet Maintenance Crew Chief
48 Fleet Technician I
52 Fleet Technician II
54 Fleet TechnicianlWelder
56 Maintenance Crew Chief
46 Maintenance Worker
51 Storekeeper/Buyer
60 Water Main!. Crew Chief
60 Water Production Crew Chief
50 Water Production Tech I
54 Water Production Tech II
64 Water Quality Backflow Ins.
56 Water Services Rep. Crew
APWEA MONTHLY SALARY SCHEDULE - JULY 4, 1999
Range
Number Title Step A Step B StepC Step D Step E Step F StepG Step H Step I StepJ
46 $2,493 $2,556 $2,620 $2,685 $2,752 $2,821 $2,892 $2,964 $3,038 $3,114
47 $2,556 $2,620 $2,685 $2,752 $2,821 $2,892 $2,964 $3,038 $3,114 $3,192
48 $2,620 $2,685 $2,752 $2,821 $2,892 $2,964 $3,038 $3,114 $3,192 $3,271
49 $2,685 $2,752 $2,821 $2,892 $2,964 $3,038 $3,114 $3,192 $3,271 $3,353
50 $2,752 $2,821 $2,892 $2,964 $3,038 $3,114 $3,192 $3,271 $3,353 $3,437
51 $2,821 $2,892 $2,964 $3,038 $3,114 $3,192 $3,271 $3,353 $3,437 $3,523
52 $2,892 $2,964 $3,038 $3,114 $3,192 $3,271 $3,353 $3,437 $3,523 $3,611
-
53 $2,964 $3,038 $3,114 $3,192 $3,271 $3,353 $3,437 $3,523 $3,611 $3,701
54 $3,038 $3,114 $3,192 $3,271 $3,353 $3,437 $3,523 $3,611 $3,701 $3,794
--"--- ------
55 $3,114 $3,192 $3,271 $3,353 $3,437 $3,523 $3,611 $3,701 $3,794 $3,889
56 $3,192 $3,271 $3,353 $3,437 $3,523 $3,611 $3,701 $3,794 $3,889 $3,986
57 $3,271 $3,353 $3,437 $3,523 $3,611 $3,701 $3,794 $3,889 $3,986 $4,086
58 $3,353 $3,437 $3,523 $3,611 $3,701 $3,794 $3,889 $3,986 $4,086 $4,188
59 $3,437 $3,523 $3,611 $3,701 $3,794 $3,889 $3,986 $4,086 $4,188 $4,292
60 $3,523 $3,611 $3,701 $3,794 $3,889 $3,986 $4,086 $4,188 $4,292 $4,400
61 $3,611 $3,701 $3,794 $3,889 $3,986 $4,086 $4,188 $4,292 $4,400 $4,510
62 $3,701 $3,794 $3,8891 $3,986 $4,086 $4,188 $4,292 $4,400 $4,510 $4,623
--- .- -". $3,794 $4,086j ----~
63 $3,889 $3,986 $4,188 $4,292 $4,400 $4,510 $4,623 $4,738
64 $3,889 $3,986 $4,086 $4,1881 $4,292 $4,400 $4,510 $4,623 $4,738 $4,857
APWEA MONTHLY SALARY SCHEDULE - JULY, 2000
Range
Number Title Step A Step B StepC Step D StepE Step F StepG StepH St~ Ste~
46 $2,568 $2,633 $2,699 $2,766 $2,835 $2,906 $2,979 $3,053 $3,129 $3,207
47 $2,633 $2,699 $2,766 $2,835 $2,906 $2,979 $3,053 $3,129 $3,207 $3,288
48 $2,699 $2,766 $2,835 $2,906 $2,979 $3,053 $3,129 $3,207 $3,288 $3,369
49 $2,766 $2,835 $2,906 $2,979 $3,053 $3,129 $3,207 $3.288 $3,369 $3,454
50 $2,835 $2,906 $2,979 $3,053 $3,129 $3,207 $3,288 $3,369 $3,454 $3,540
51 $2,906 $2,979 $3,053 $3,129 $3,207 $3,288 $3,369 $3,454 $3,540 $3,629
52 $2,979 $3,053 $3,129 $3,207 $3,288 $3,369 $3,454 $3,540 $3,629 $3,719
53 $3,053 $3,129 $3,207 $3,288 $3,369 $3,454 $3,540 $3,629 $3,719 $3,812
54 $3,129 $3,207 $3,288 $3,369 $3,454 $3,540 $3,629 $3,719 $3,812 $3,908
55 $3,207 $3,288 $3,369 $3,454 $3,540 $3,629 $3,719 $3,812 $3,908 $4,006
56 $3,288 $3,369 $3,454 $3,540 $3,629 $3,719 $3,812 $3,908 $4,006 $4,106
57 $3,369 $3,454 $3,540 $3,629 $3,719 $3,812 $3,908 $4,006 $4,106 $4,209
58 $3,454 $3,540 $3,629 $3,719 $3,812 $3,908 $4,006 $4,106 " $4,209 $4,314
59 $3,540 $3,629 $3,719 $3,812 $3,908 $4,006 $4,106 $4,209 $4,314 $4,421
60 $3,629 $3,719 $3,812 $3,908 $4,006 $4,106 $4,209 $4,314 $4,421 $4,532
61 $3,719 $3,812 $3,908 $4,006 $4,106 $4,209 $4,314 $4,421 $4,532 $4,645
62 $3,812 $3,908 $4,006 $4,106 $4,209 $4,314 $4,421 $4,532 $4,645 $4,762
63 $3,908 $4,006 $4,106 $4,209 $4,314 $4,421 $4,532 $4,645 $4,762 $4,880
64 $4,006 $4,106 $4,209 $4,314 $4,421 $4,532 $4,645 $4,762 $4,880 $5,003
, .
AFSCME - CITY OF ARCADIA
The parties agree that the following items will not be included in the AFSCME
contract; however they will be incorporated into the Public Works Department's Rules
and Regulations, or City's Personnel Rules.
Uniforms
The City of Arcadia shall set standards for footwear in the Public Works Departments.
The City shall provide a safety boot for each appropriate AFSCME represented unit
member, as determined by the City. The boot will be the required footwear for the
department. The total cost of the safety boot shall be borne by the City. The only
footwear cost the City will pay is for the safetyboot. Replacement of the boots will
be on an as needed basis as determined by the City. Wearing of City boots is
permitted QDJ:i on City jobs.
Jurv Duty
When an employee is called upon to serve as a juror, attendance shall be deemed a
leave of absence with full pay. The City will compensate jury service up to 10 days
per year. Jury service in excess of 10 days will not be compensated. All fees
received by the employee, except mileage, shall be remitted to the City.
~c1~~ ~P-t3 !'t~
AFSCME, President Date
~JjLLH"j)jlmtlaL CV~
City of Arcadia Date
!
CITY OF ARCADIA
AND
CALIFORNIA TEAMSTERS
PUBLIC, PROFESSIONAL
AND MEDICAL EMPLOYEES
UNION LOCAL 911
(CONFIDENTIAL/SUPERVISORY /PROFESSIONAL UNIT
AND GENERAL EMPLOYEE UNIT)
MEMORANDUM OF UNDERSTANDING
JULY 1, 1999 THROUGH JUNE 30, 2001
June 25, 1999
!
TABLE OF CONTENTS
PaQe
Preamble 4
Article I Parties and Recognition 5
Appropriate Unit 5
Mutual Recommendation and Implementation 6
Authorized Agents 6
Article II Term 7
Savings Clause 7
No Strike Clause 7
Article "' Union Rights 9
A. Right To Join 9
B. Use of Bulletin Boards 9
C. Payroll Deduction 9
D. Access to Facilities 10
E. Union Stewards 1 1
F. Reasonable Notice 12
G. List of Names 12
Article IV Management Rights 13
Article V Compensation 14
Promotion or Advancement 14
Article VI Hours 16
Overtime (FLSA) 16
Rest Periods 16
Work Schedule 17
Article VII Stability Pay 18
Article VII' Tuition Reimbursement 19
Article IX Mileage Reimbursement 21
Article X Health, Dental and Life Insurance 22
Retired Health Insurance 24
Article XI Disability Income Insurance 26
TABLE OF CONTENTS
Page
Article XII Medical Examinations 27
Article XIII Uniforms 28
Article XIV Leaves of Absence 30
A. Non-Medical Leaves Without Pay 30
B. Family Care and Medical Leaves 31
C. Military Leave 35
D. Vacation Leave 36
E. Sick Leave 37
F. Bereavement Leave 38
G. Holidays 39
H. Jury Leave 40
I. Court Witness Leave 41
J. Industrial Accident Leave 41
Article XV Probationary Period 42
Article XVI Special Pay 43
A. Acting Pay 43
B. Call-Back Pay 43
C. Bilingual Pay 43
Article XVII Layoffs 44
A. Layoff Procedure 44
B. Re-employment List 45
C. Definitions 45
Article XVIII Personnel Files 46
Article XIX Employee Grievances 47
A. Definitions 47
B. Procedure 47
C. General Provisions 49
Article XX Disciplinary Action 50
A. Suspension, Salary Reduction, Demotion & Dismissal 50
B. Notification and Appeal Procedure 50
C. Salary Reduction 51
D. Unauthorized Absence 51
Article XXI Full Understanding/Execution of Agreement 52
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 Union 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.
4
ARTICLE I
Section A.
Section B.
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
California Teamsters Public, Professional and Medical Employees
Union 911, an affiliate of the International Brotherhood of Teamsters,
a formally recognized exclusive employee organization, hereinafter
referred to as the .. Union", pursuant to the provisions of the Meyers-
Milias-Brown Act (Government Code Sections 3500 et.seg.).
APPROPRIATE UNIT
The classifications covered by this agreement are:
Confidential/Supervisory/Professional Unit
Accounting Specialist Human Resources Technician
Administrative Assistant - H.R. Legal Coordinator
Assistant Engineer Librarian
Assistant Planner Principal Librarian
Associate Civil Engineer Redevelopment Project Manager
Associate Planner Senior Library Technician
Deputy City Clerk Senior Police Records Technician
Executive Assistant Video Tech/Office Assistant
General Employee Unit
Accounting Technician 1/11
Administrative Assistant
Building Technician I
Building Technician II
Business License Officer
Code Services Officer
Combination Inspector
Communications Specialist
Community Service Officer
Computer Support Specialist
Custodian
Dispatcher I
Dispatcher"
Engineering Assistant
Engineering Technician
Evidence Technician
5
Fire Administrative Specialist
Fire Inspector
Info and Referral Coordinator
Library Technician I
Library Technician"
Logistical Services Officer
Network Support Specialist
Office Assistant
Police Records Technician I
Police Records Technician"
Senior Accounting Technician
Senior Administrative Assistant
Senior Citizens Program Specialist
Senior Citizens Project Specialist
Senior Engineering Assistant
ARTICLE I
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
Confidential/SupervisorylProfessional Unit and the General Employees
Unit. 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, 91066-6021, except where a
particular City representative is specifically designated in connection
with the performance of a specific function or obligation set forth
herein.
The Confidential/Supervisory/Professional and General Employee's
authorized representative is the California Teamsters Public,
Professional, and Medical Employees Union Local 911. The duly
authorized staff representatives are Chester Mordasini, President and/or
Raymond Whitmer, Secretary-Treasurer, 3202 E. Willow Street, Long
Beach, California, 90806.
6
ARTICLE /I
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 of the City Council effective July 1, 1999 and ending June.
30, 2001.
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 Union, 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 Union 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 Union 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
Union agrees in good faith to actively take affirmative action to
cause those employees to cease such action.
It is agreed and understood that any employee concertedly
violating this article may be subject to disciplinary action up to
and including discharge, and/or, may be considered to have
automatically resigned from the City service. For purposes of this
article, any employee deemed to have automatically resigned shall
be eligible to utilize the Grievance Procedure as provided in this
Agreement.
7
ARTICLE /I
3. It is understood that in the event this article is violated, the City
shall be entitled to withdraw any rights, privileges, or services
provided for in this Agreement or in any other City rules,
regulations, resolutions and/or ordinances, from any employee
and/or the Union. No such actions shall be taken by the City in.
the event that the Union acts in good faith in accordance with
paragraph 2 above.
4. The expiration or violation of this Agreement shall not prejudice
the City's right to assert to the illegality of any such activities
mentioned above if engaged in by the Union or employees. Upon
the expiration of this agreement, this language shall not prevent
the Union from engaging in such activities mentioned above, to
the extent such activity is otherwise legal for public employees to
participate in.
8
ARTICLE 11/ UNION RIGHTS
Section A. RIGHT TO JOIN
The City and the Union 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 life of this contract all unit members who choose to become
members of the union shall be required to maintain their membership in
the union 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 MOU expires. Any unit member may exercise the right to resign by
submitting a written notice to the union and to the City during the
resignation period.
The City and the Union agree that neither shall discriminate or retaliate
against any employee for the emp'oyee's participation or non-
participation in any Union activity.
Section B. USE OF BULLETIN BOARDS
The City shall provide for the Union's use, designated bulletin boards
where employees in the bargaining unit have access during regular
business hours subject to the following conditions:
a) all postings for bulletin boards must contain the date of posting
and the identification of the organization and;
b} the Union 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 90 days.
Locking bulletin boards will be made available in the Library, City Hall,
Fire Station #1, Police Department and Recreation Center, and regular
bulletin boards will be made available in Fire Station #2, and the City
Service Center at a location approved by the Department Administrator,
or City Manager.
Section C. PAYROLL DEDUCTION
The City will deduct from the first paycheck of each month and remit to
the Union, pay of Union members the normal and regular monthly Union
membership dues as voluntarily authorized in writing by the employee
subject to the following conditions:
9
ARTICLE /1/
1 . Such deduction shall be made only upon submission of deduction
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 days or longer after such submission.
Every effort will be made to remit dues to the Union within two weeks
of receipt. The union 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 D. ACCESS TO FACILITIES
All Union business will be conducted by employees and Union
representatives outside of established work hours.
Nothing herein shall be construed to prevent a Union representative or
an employee from contacting the Human Resources Manager or other
management representatives regarding personnel related matters during
work hours.
The authorized Union Business Agent shall be given access to work
locations during working hours provided that prior to visiting any work
location the Union representative shall:
1. contact the Human Resources Manager or his designate, to state
the purpose of his visit and which location he will be visiting, and
2. the Human Resources Manager or designate 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
Union Business Agent is denied because it would interfere with the
operations of the department, the Human Resources Manager or his
designate shall set an alternative time and/or location for such visit
within 72 hours.
10
ARTICLE "I
The Union may schedule after work hours meetings in the City
Conference rooms or the City Council Chambers at such times these
facilities are not in use by submitting a written request to the
appropriate City administrator which shall include the date, time,
number of people expected, general reason for the meeting, and an .
acknowledgment that no food or beverages will be consumed in City
facilities. Approval will be granted in the same manner as it is granted
to other organizations.
Section E. UNION STEWARDS
1. Three (3) stewards who are authorized to represent the
Confidential/Supervisory/Professional employees and the four (4)
stewards who are authorized to represent the General employee
bargaining unit shall be selected in such manner as the Union may
determine.
The Union shall notify the employer in writing of the names of the
seven (7) stewards.
2. The three (3) stewards who are authorized to represent the
Confidential/Supervisory/Professional employees and the four (4)
stewards who are authorized to represent the General employee
bargaining unit shall be permitted one day off without pay each
calendar year to attend a training session with Teamsters.
Advance written notice of no less than fourteen (14) calendar
days shall be given to each steward's supervisor.
3. Union stewards are allowed reasonable release time to participate
in meetings related to negotiations. In addition, a steward shall
be provided release time during his/her regular work hours for the
purposes of:
. Representation at a meeting that is reasonably expected
to result in discipline when the Union Business Agent is
not available to be present.
. Representation at a grievance hearing.
. Special meeting with Human Resources Manager, or
designee, and Union Business Agent to resolve
problems within the scope of bargaining.
1 1
ARTICLE "I
No release time is provided for the preparation, investigation, or
processing of disciplinary issues, grievances, or other Union
business.
To facilitate the process, the steward shall contact the Human
Resources Manager or designee to arrange the time to conduct.
Union business as described above. Not more than one (1) of the
designated steward representatives may participate in any special
meeting to resolve a problem within the scope of bargaining or
grievance hearing at one time unless agreed to by the Human
Resources Manager.
Time spent on steward activities outside of normal working hours
is not compensable.
Section F. REASONABLE NOTICE
The City will provide fifteen (15) business days notice prior to final
implementation of changes to wages, hours of work, or other terms and
conditions of employment within the scope of negotiations. Upon
written notice from the Union outlining the area(s) of concern, together
with the Union's proposal, the City will meet and confer on those
matters that are within the scope of negotiations.
In addition, the City shall mail to the Union and the chief shop steward a
copy of the agendas for each City Council and/or Human Resources
Commission meeting.
Section G. LIST OF NAMES
The Union shall provide and maintain with the City a current list of the
names of all authorized representatives of the
confidential/SupervisorylProfessional Unit and the General Employee
Unit.
12
ARTICLE IV MANAGEMENT RIGHTS
Section A. 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.
13
ARTICLE V COMPENSA TION
Section A. The City shall continue to pay 7% of the employee's contribution to the
Public Employee's Retirement System.
The City shall contract with the Public Employees Retirement System to
provide the 2% at 55 retirement program to represented employees.
The City agrees to contract with PERS to provide Union with a Military'
Service Credit option. It is agreed and understood that the employee is
responsible for the paying for this benefit.
The City of Arcadia conducted a classification and compensation study
completed March 12, 1999 which included a recommended salary
schedule. Effective July 4, 1999 employees shall be placed on said salary
schedule at the step representing the nearest dollar to their salary on July 3,
1999. In addition, employees currently at E step shall advance an
additional step (approximately 2.5%) unless the nearest dollar placement is
at the top or J step. After this placement on the recommended salary
schedule the schedule shall then be improved by 2.5%.
Individuals currently in the classification of Secretary who will be in the new
classification of Administrative Assistant shall be held at current salaries (Y-
rated) until a salary improvement increase which results in the Y -rate falling
below the new amount for the top step of their salary range.
Effective July 2, 2000 the salary schedule shall be improved by 3.0% for
represented employees.
Section B. 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 5% increase in compensation unless the top step in
such range provides less than that amount. Such one step of
approximately 5.0%, 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 C. The parties acknowledge that the percentages between steps within a
range are from approximately 2.5%.
Section D. The advancement through the salary steps is discretionary based upon
satisfactory performance and continuous service in the same
14
ARTICLE V
classification. The following schedule is the continuous service time
required for a qualified emp'oyee to receive each step increase;
A Step to C Step:
All other Steps:
6 months
1 2 months
Salary step advancements may be withheld or delayed by the appointing
authority if an employee's performance does not merit such an
advancement.
During the term of this agreement individuals will advance in their rates
of compensation two steps (approximately 5.0%) on their anniversary
date upon receiving a satisfactory performance evaluation.
15
.
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 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 sixty (60) 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. REST PERIODS
Represented employees, except Dispatcher I's and Dispatcher II's, shall
receive for each eight (8) or nine (9) hour shift worked, at the discretion
of the respective department, 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, and field
personnel shall take breaks at the work site. Employees in transit
between work sites may take their rest period at a location between the
normal route of work locations. Rest periods are for the good of the
employee, but periods cannot be used to make up for other lost time.
Rest period!; are not cumulative and may not be taken concurrently with
lunch periods.
16
.
ARTICLE VI
Section C. WORK SCHEDULES
The City agrees that if it decides to change the current 9 day - 80 hour
work schedule, the City will meet and confer with the Union prior to
implementing a new work schedule.
17
ARTICLE VII STABILITY PAY
Section A. Stability pay will only be applicable to employees who were hired prior
to January 1, 1984. The following is the schedule of how stability pay
is calculated.
Completed Years Completed Years
of Service Amount of Service Amount
1 1 $275 16 $400
12 $300 17 $425
13 $325 18 $450
14 $350 19 $475
15 $375 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.
18
ARTICLE VIII TUITION REIMBURSEMENT
Section A. The Tuition Reimbursement Program will operate on a fiscal year basis
(July 1 through June 30). Each employee shall be eligible for
reimbursement of educational expenses which are job related or are
applicable toward a specific degree. Reimbursement will be provided
upon the successful completion of course work.
Maximum tuition reimbursement, including on campus parking fees and
textbooks is $2,100.00 per fiscal year. School supplies are not
reimbursable.
The City reserves the right to investigate any school and approve or
disapprove it for reimbursement if such action appears warranted. Only
courses, specialized training, or degree programs "job-related" to
permanent full-time positions will be considered for tuition
reimbursement. Individual courses taken toward achievement of career
objective such as a law degree or a teaching credential will be
reimbursable only to the extent that such courses are job related as
determined by the Department Head and Human Resources Manager.
The Tuition Reimbursement Program is voluntary and time spent on
courses will not be considered as time worked for the City, unless an
employee is directed to participate by the department administrator.
Reimbursement for Degree Programs which are structured on a "special
package" basis will be considered individually and terms will be
negotiated. In no circumstance, shall a negotiated reimbursement
exceed $2,100.00 in a given year. To qualify for reimbursement, the
following criteria must be met:
1. A course grade of "C" or equivalent, or higher must be attained.
2. The employee must be currently employed by the City of Arcadia.
3. The course must be taken at an accredited educational institution,
which is defined as any college, university, technical, vocational,
business or high school which has been accredited by a
recognized governmental or professional accrediting body.
19
ARTICLE VIII
Any employee who receives tuition reimbursement must remain in the
employ of the City for one (1) year after completion of any course for
which reimbursement was made. If the emp'oyee voluntarily terminates
employment, or is terminated by the City, prior to one (1) year after
completion of the course(sl. he/she must repay the City all monies
received. (This may include deduction from vacation 'eave etc.)
An Education Reimbursement Request Form must be submitted to an
employee's Department Head before the course begins, in order to
qualify for tuition reimbursement. Upon Department Head approval the
form will be forwarded to the Human Resources Manager.
Following review by the Human Resources Manager and City Manager,
the form will be returned Approved/Disapproved to the employee.
After receiving approval, the employee holds the form until completion
of the course(s).
After approved course(s) have been successfully completed, the
employee must submit the form with a copy of grade(s) and tuition and
book receipts to the Human Resources Department.
After final reimbursement is approved, the Administrative Services
Department will issue a reimbursement check to the employee.
20
ARTICLE IX MILEAGE REIMBURSEMENT
Section A. 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 frequent'y 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.
21
ARTICLE X HEAL TH, DENTAL AND LIFE INSURANCE
Section A. 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 $508.00 per month
per 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 $254.00 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's 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. Effective February 1, 1999 the City shall provide regular full-time
employees in a classification represented by this Agreement with the
following contributions:
1. CalPERS Health Program
The City will contribute $16 per month per employee for health
insurance.
2. Dental Insurance - mandatory enrollment
The City will contribute $13.20 per month for employee only
enrollment in one of the two dental plans. Additional coverage
may be purchased through the Optional Benefits allocation.
22
ARTICLE X
3. Optional Benefits
The City shall contribute $478.80 per month per eligible employee
toward an optional benefits plan. The employee may receive this
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, dental insurance, supplemental life insurance,
optional long term disability insurance or deferred compensation
plan. 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.
4. Life Insurance
The City shall continue to provide $7500.00 life insurance benefit
for eligible employees.
Section C. Effective February 1, 1999 the City shall provide regular part-time
employees in a classification represented by this Agreement with the
following contributions:
1. calPERS Health Program
The City will contribute $1 6 per month per employee for health
insurance.
2. Dental Insurance - mandatory enrollment
The City will contribute $13.20 per month for employee only
enrollment in one of the two dental plans. Additional coverage
may be purchased through the Optional Benefits allocation.
3. Optional Benefits
The City shall contribute $224.80 per month per eligible employee
toward an optional benefits plan. The employee may receive this
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, dental insurance, supplemental life insurance,
optional long term disability insurance or deferred compensation
plan. Any monies received in cash will be considered as taxable
23
ARTICLE X
income but not considered base salary for purposes of overtime
calculation.
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.
4. Life Insurance
The City shall continue to provide $7500.00 life insurance benefit
for eligible employees.
Section D. RETIREE HEALTH INSURANCE
The City agrees to pay the employee-only health insurance monthly
premium cost for eligible City retirees. An eligible retiree is an employee
who retires from City service on a SERVICE retirement and has one
thousand (1000) hours of accumulated sick leave at the date of
retirement. Such payment shall cease by employee's sixty-fifth (65)
birthday. If the retired employee has other group medical coverage
available to the employee, then this other group insurance shall be
primary and the City's health insurance plan shall function as a
secondary co-insurance.
In order to be eligible for retiree health coverage, the employee 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 calPERS Health Program
as stipulated by the Health Program.
An employee who has fewer than one thousand (1000) hours of
accumulated sick leave at the date of retirement may purchase up to a
maximum of four hundred eighty (480) 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 (1000) hour requirement, with the following
restrictions:
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.
24
ARTICLE X
An employee may convert the dollar value of accumulated vacation
hours to reach the dollar value of one thousand (1000) hours
accumulated sick leave requirement.
Effective February 1, 1999 retirees will be subject to the terms of the.
calPERS Health Program. In this program the City will pay to CalPERS
$1.00 per month for the retiree's health insurance. This amount
increases annually by 5% until it is equal to the City contribution for
active employees of $16.00 per month. The difference between this
contribution and the employee only cost of the insurance selected by
the retiree will be refunded to the retiree by the City on a monthly basis
based on a report by CalPERS of the retiree's continued enrollment.
25
ARTICLE XI DISABILITY INCOME INSURANCE
Section A. 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 en employee who works at least 30 hours per
week, during the life of the agreement.
26
ARTICLE XII MEDICAL EXAMINA TIONS
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.
27
ARTICLE XIII UNIFORMS
Section A. Upon hire, the City shall provide the following employees with seven (7)
sets of uniforms consisting of shirts and trousers.
· Communication Specialist
· Custodian
Upon hire, the City shall provide the following employees with five (5)
shirts:
. Public Works Inspector
. Code Services Officer
. Combination Inspector
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 one sweater or one medium weight
uniform jacket.
· Community Service Officer
· Dispatcher I
· Dispatcher II
· Evidence Technician
· Fire Inspector
· Fire Administration Specialist
· Police Records Technician 1/11
. Senior Police Records Technician
· Office Assistant (assigned to the Fire & Police Department)
Uniforms shall be replaced on an as needed basis, pursuant to
department procedures.
Section B. Upon termination of employment the employee shall turn in all uniforms
issued or shall have a dollar amount equal to the lost uniform cost
deducted from the employee's final check.
Section C. The City shall provide a safety shoe allowance up to a maximum of
$125 per fiscal year for each employee in the following classifications:
Combination Inspector, Code Services Officer, Community Service
Officer, Custodian, Fire Inspector, and Public Works Inspector.
28
ARTICLE XIII
The City shall designate safety shoe standards for the above
classifications. 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.
29
ARTICLE XIV
LEA VES 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.
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.
30
ARTICLE XIV
7. The City shall continue to provide health, dental, life,. and
disability insurance for an employee granted a leave of absence
for up to 30 calendar days. It shall be the responsibility of the
employee who wishes to continue any insurance coverage
beyond the 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 stating the reasons therefore,
the appointing power with the approval of the City Manager shall have
power to grant Family Care and Medical Leaves. In accordance with the
Federal Family and Medical Leave Act ("FMLA") and the California
Family Rights Act ("CFRA"). the City of Arcadia will provide family and
medical leave for eligible employees, as defined.
a. Definitions
"12-Month Period" - means 12-month period measured backward
from the date leave is taken and continuous with each additional
leave day taken.
"Child" - means a child under the age of 18 years of age, or 18
years of age or older who is incapable of self-care because of a
mental or physical disability. An employee's child is one for
whom the employee has actual day-to-day responsibility for care
and includes, a biological, adopted, foster child, step-child, or
- -
child of whom the employee is the leQal Quardian.
"Serious health condition" - means an illness, injury impairment,
or physical or mental condition that involves:
1) Any period of incapacity or treatment in connection
with or inconsequent to a hospital, hospice or
residential medical care facility;
2) Any period of incapacity requiring absence from
work of more than three calendar days, that also
involves continuing treatment by (or under the
supervision of) a health care provider;
31
ARTICLE XIV
3) Continuing treatment by a health care provider for a
chronic or long-term health condition that is
incurable or so serious that, if not treated, would
likely result in a period of incapacity of more than
three calendar days; or
4) Prenatal care by a health provider.
"ContinuinQ treatments" means:
1) Two or more visits to a health care provider;
2) Two or more treatments by a health care
practitioner (e.g. physical therapist) on referral from,
or under the direction of a health care provider; or
3) A single visit to a health care provider that results in
a regimen of continuing treatment under the
supervision of the health care provider (e.g.
medication therapy).
b. Leave is only permitted for the following reasons:
1. The birth of a child or to care for a newborn of an employee;
2. The placement of a child with an employee in connection with
the adoption or foster care of a child;
3. Leave to care for a child, parent or a spouse who has a
serious health condition; or
4. Leave because of a serious health condition that makes the
employee unable to perform the functions of his/her position.
c. An employee is eligible for leave if the employee:
1. Has been employed for at least 12 months; and
2. Has been employed for at least 1,250 hours during the 12-
month period immediately preceding the commencement of
the leave.
32
ARTICLE XIV
d. Eligible employees are entitled to a total of 12 workweeks of
leave during any 12-month period. The 12 workweek period
does not include leave taken for an employee's pregnancy
disability pursuant to Government Code Section 12945.2. An
employee's entitlement to leave for the birth or placement of a
child for adoption or foster care expires 1 2 months after the birth
or placement.
e. Employee Benefits While on Leave
Leave under this policy is unpaid. While on leave, employees will
continue to be covered by the City of Arcadia's group health
insurance to the same extent that coverage is provided while the
employee is on the job. Employees may make the appropriate
contributions for continued coverage under the proceeding benefit
plans by payroll deductions or direct payments made to these
plans. Employee contribution rates are subject to any change in
rates that occurs while the employee is on leave. If an employee
fails to return to work after his/her leave entitlement has been
exhausted or expires, the City of Arcadia shall have the right to
recover its share of health plan premiums for the entire leave
period, unless the employee does not return because of the
continuation, recurrence, or onset of a serious health condition
which would entitle the employee to leave, or because of
circumstances beyond the employee's control. The City of
Arcadia shall have the right to recover premiums through
deduction from any sums due the City of Arcadia (e.g. unpaid
wages, vacation pay, etc.)
f. If an employee requests leave for any reason permitted under this
policy, he/she must exhaust all accrued leaves (except sick leave)
in connection with the leave. An employee may elect to exhaust
part or all of the employee's sick leave while on an approved
Family Medical Leave to care for a child, parent or spouse. The
exhaustion of accrued leave, and sick leave if any is used, will run
concurrently with the leave under this policy.
If an employee requests leave for his/her own serious health
condition, in addition to exhausting accrued leave, the employee
must also exhaust accrued sick leave.
33
ARTICLE XIV
g. Employees who request leave for their own serious health
condition or to care for a child, parent or a spouse who has a
serious health condition must provide written certification from
the health care provider of the individual requiring care.
If the leave is requested because of the employee's own serious
health condition, the certification must include a statement that
the employee is unable to perform the essential functions of
his/her position.
If the City of Arcadia has reason to doubt the validity of a
certification, the City may require another medical opinion at City
expense. When the second opinion differs from the first, the City
may require the opinion of a third provider jointly approved by the
City and the employee, at the City's expense. The opinion of the
third provider will be binding.
If an employee requests leave intermittently (a few days or hours
at a time) or on a reduced leave schedule to care for an
immediate fami'y member with a serious health condition, the
employee must provide medical certification that such leave is
medically necessary. "Medically necessary" means there must be
a medical need for the leave and that the leave can best be
accomplished through an intermittent or reduced leave schedule.
h. Although the City of Arcadia recognizes that emergencies arise
which may require employees to request immediate leave,
employees are required to give as much notice as possible of their
need for leave. If leave is foreseeable, at least 30 days notice is
required. In addition, if an employee knows that he/she will need
leave in the future, but does not know the exact date(s) (e.g. for
the birth of a child or to take care of a newborn). the employee
shall inform his/her supervisor as soon as possible that such leave
will be needed. If the City of Arcadia determines that an
employee's notice is inadequate or the employee knew about the
requested leave in advance of the request, the City of Arcadia
may delay the granting of the leave until it can, in its discretion,
adequately cover the position with a substitute.
34
ARTICLE XIV
i. Upon expiration of leave, an employee is entitled to be restored to
the position of employment held when the leave commenced, or
to an equivalent position. As a condition of restoration of an
employee whose leave was due to the employee's own serious
health condition, which made the employee unable to perform
his/her job, the employee must obtain and present a fitness-for-
duty certification from the health care provider that the employee
is able to resume work. Failure to provide such certification will
result in denial of restoration.
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 30 calendar days of active military
training, an employee must have been employed by the City for a period
of not less than one 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 30 calendar days in anyone 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.
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.
35
ARTICLE XIV
Section D. VACATION LEAVE
a) Accumulated vacation leave shall be granted at the discretion of
the appointing power.
b) 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.
c) 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
carryover the excess leave time into the next three (3) months of
the new calendar year, if rescheduling of the vacation leave is not
possible.
d) 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 more
than 50% of the pay period, the employee shall receive credit for
50% of that pay period's vacation.
e) Full-time employees 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
:'1-.61 hours per pay period between the employee's fifth and
tenth anniversary date of continuous full-time employment; at the
rate of 5.23 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.
36
ARTICLE XIV
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.
Vacation shall be accrued based on years of service as follows:
1-5 years
6-10 years
11-1 5 years
1 6 + years
80 hours
1 20 hours
1 36 hours
1 60 hours
Part-time employees 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 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.
Section E. SICK LEAVE
a) Every full-time employee represented 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.
b) The appointing power and City Manager may require a medical
examination by a physician of any employee during absence on
account of illness of such employee.
c) 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.
d) 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.
37
ARTICLE XIV
e) 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.
f) 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. 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.
g) 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.
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,
child or stepchild, grandparents, grandchildren, or any relative of the
employee or employee's spouse residing in the same household. Such
leave, up to a maximum of twenty-seven (27) hours at one time, shall
not be charged against sick or other leave. Dispatcher I's and
Dispatcher II's shall receive up to three shifts of bereavement leave. A
shift for Dispatcher I's and II's may be twelve or eight hours. If over
twenty-seven hours (or up to three shifts for Dispatcher I's and
Dispatcher II's) of such leave is granted, at one time, that amount over
twenty-seven hours shall be charged against sick or other leave.
38
ARTICLE XIV
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
Veteran's Day - November 11
Thanksgiving Day - The fourth Thursday in November
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 a citywide holiday to celebrate Dr. Martin Luther King's
birthday, full-time employees shall receive one floating holiday to
be scheduled by the employee in the same manner as vacation
leave.
In lieu of a citywide holiday to celebrate Admissions Day, full-time
employees shall receive one floating holiday to be scheduled by
the employee in the same manner as vacation leave. Floating
holidays do not carryover into subsequent fiscal years. Failure to
timely schedule the days off shall result in their loss. If the City
adopts Dr. Martin Luther King's birthday or re-adopts Admissions
Day as a citywide holiday, the floating holiday(s) shall cease and
eligible employees shall receive the citywide holiday.
4. An employee required to work or attend 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.
39
ARTICLE XIV
5. Full-time employees assigned to an alternate work week may use
accrued vacation time, accrued camp time, floating holiday time
or unpaid leave to make up the difference between the provided
eight 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 nine
(9) hours, the employee shall receive eight (8) 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.
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. 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 more than two (2) hours prior to the end of the normal work
schedule, an employee shall report as soon as practical to full duty.
40
ARTICLE XIV
Section I.
COURT WITNESS LEAVE
An employee who is subpoenaed or required to appear in court as a
witness shall be deemed to be on leave of absence. 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.
Section J. INDUSTRIAL ACCIDENT LEAVE
1. Industrial accident leave shall be granted only 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 from and after the date of 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 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.
41
ARTICLE XV PROBA TIONARY 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.
For the classifications of Dispatcher I, Dispatcher II, Community Service
Officer, and Police Records Technician 1/11 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 (1 2) 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.
42
ARTICLE XVI
SPECIAL PA Y
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 payor 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.
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 five (5) employees in the Classifications of Police Clerk
and Community Service Officer in the Police Department may be
certified as bilingual by the City. Once certified, the employee shall
receive a bilingual pay stipend of $30 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.
43
ARTICLE XVII
LA YOFFS
Section A. LA YOFF 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 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.
44
ARTICLE XVII
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 (1 8) months from the effective date of separation from
service. Failure of the employee on the re-employment list to provide he
City their current address shall result in the employee's name being
removed from the eligibility list.
Section C. DEFINITIONS
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.
Layoff - Permanent separation from employment with the City as a
result of a work reduction.
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 anyone of the last three years is below proficient. In such
case, the layoff shall be based upon performance.
Work Reduction - A decrease in the level of service or amount of
product output by the City.
45
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 Councilor 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 recruitment's.
46
ARTICLE XIX
EMPLOYEE GRIEVANCES
Section A. DEFINITIONS
1 . Grievance
All allegations by any employee that the employee has been.
adversely affected by .a violation of a specific provision of the
Memorandum of Understanding or Personnel Rules and
Regulations.
2. Grievant
An aggrieved person is any employee adversely affected by a
violation of a specific provision of the Memorandum of
Understanding or Personnel Rules and Regulations.
3. Written Grievance
The written grievance shall set forth a clear statement of the
grievance, the specific Personnel Rules(s) and/or section{s) of the
Memorandum of Understanding involved, the circumstances
involved, the decision rendered at the informal conference and
the specific remedy sought.
4. Written Appeal
The written appeal shall outline the same information specified in
the written grievance definition, plus the decision rendered at the
previous step(s) in the process.
5. Workday
A workday IS any day the City offices are regularly open for
business.
Section B. PROCEDURE
An employee who feels they have a grievance has the right to express it.
through the proper channel. The following procedure shall be followed
in presenting a grievance:
47
ARTICLE XIX
1. Within fifteen (15) days of the occurrence of the event giving rise
to the grievance, the employee shall discuss the grievance with
the immediate supervisor.
2. If, after discussing the grievance with the supervisor, the
employee is still dissatisfied, a written grievance may be filed by
the employee with the individual in the next higher position in the
department provided such written grievance is filed within ten
(10) days of the meeting referred to in the paragraph above (B-1).
A decision in writing within ten (10) workdays shall be
communicated to the employee. If the response is not made
within the time limits, or if the employee is still dissatisfied, the
employee may appeal in writing to the department administrator.
3. An employee proceeding to the department administrator shall file
a written appeal within five (5) workdays of notice of the decision
referred to in the paragraph above (B-2) or within five (5)
workdays of the lapse of the time limits.
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) workdays of receiving the grievance or the holding of a
grievance meeting, whichever is longer.
If the response is not made within the time limits or if the
employee is still dissatisfied, the employee may appeal in writing
to the Human Resources Manager.
4. An employee appealing to the Human Resources Manager shall
file a written appeal within five (5) workdays of notice of the
decision referred to in the paragraph above (B-3) or within five (5)
workdays of the lapse of the time limits within which the written
decision was required.
The Human Resources Manager shall then take whatever action
deemed appropriate to resolve the grievance and 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) days of receiving the grievance
or the holding of a grievance meeting, whichever is longer.
48
ARTICLE XIX
For employees in the Unclassified service, the Human Resources
Manager's decision is final, and there are no further appeal rights.
Employees in the Classified service may appeal in writing to the
Human Resources Commission if the Human Resources
Manager's response is not made within the time limits, or if the
employee is still dissatisfied. Such appeal shall be filed within
five (5) workdays of notice of the decision or within five (5)
workdays of the lapse of the time limits within which the written
decision was required.
5. The Human Resources Commission shall within thirty (30)
calendar days of receipt of the appeal, set a date for a hearing.
Such hearing date shall be within thirty (30) calendar days from
the date of receipt of the appeal.
6. All of the facts shall be presented to the City Manager, along
with the recommendation of the Human Resources Commission.
The employee shall have the right to meet with the City Manager,
within five (5) workdays from the date the Human Resources
Commission makes a recommendation to the City Manager.
The City Manager shall render a final decision in writing within
ten (10) workdays after reviewing the recommendation of the
Human Resources Commission or the holding of a grievance
meeting, whichever is longer.
Section C. GENERAL PROVISIONS
1. The grievant has the right of representation of the grievant's
choice at all formal levels. The Human Resources Manager shall
be notified of the representative, if any.
2. Except by mutual agreement, failure by the employer at any level
to communicate a decision within the specified time limit shall
permit the grievant to proceed to the next level.
3. Except by mutual agreement, failure by the grievant, at any level,
to file or appeal a grievance to the next level within the specified
time limit shall be considered acceptance of the resolution of the
grievance at that level and a grievance may not be appealed to
the next level.
4. Time limits may be waived by the mutual consent of the grievant
and the Human Resources Manager.
49
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.
Probationary employees are subject to demotion or dismissal without
cause or right to a hearing.
Section B. DISCIPLINARY ACTION: NOTIFICATION AND APPEAL PROCEDURE
A permanent employee who is being suspended, reduced in pay,
demoted or dismissed shall receive from the appointing power a written
statement of the charge(s) upon which the discipline is based, the City
rule(sl. policy or regulation violated, together with any written evidence
and/or witness statements the City is relying upon to support the
statement of charges.
The discipline letter shall be hand delivered, either by personal service or
by the City sending the notice by Registered Mail as provided herein
above, the employee shall have 30 calendar days within which to file
with the Human Resources Manager a written request for an appeal
hearing before the Human Resources Commission. The employee may
also elElct to file a written answer to the statement of charges at this
time. A copy of the disciplinary letter together with any attachments
and the employee's answer shall be given to the Human Resources
Commission.
An evidentiary hearing shall be scheduled by the Human Resources
Commission. In any hearing regarding suspension, demotion or
discharge of a permanent employee, the appointing power has the
burden of proof. The strict rules of evidence shall not apply to
disciplinary hearing conducted by the Human Resources Commission.
Evidence both oral and in writing may be submitted by each party.
Witnesses shall be sworn and subject to cross examination.
50
ARTICLE XX
The employee who is being disciplined shall testify if called as a
witness. Upon request, the employee is entitled to an open or closed
hearing.
Section C. 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 D. UNAUTHORIZED ABSENCE
Unauthorized leaves of absence are cause for immediate dismissal.
51
ARTICLE XX I
FULL UNDERSTANDING
Section A. 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,. regar~ing 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 Union 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 Union
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. The parties may mutually agree in writing
to meet and confer on any subject contained in this agreement during
the life of this agreement.
Section B. The parties hereto have caused this Memorandum of Understanding to
be executed this day of June, 1999.
Teamsters Local 911
CITY OF ARCADIA
Raymond Whitmer
Secretary-Treasurer
William R. Kelly
City Manager
52
SIDE LETTER OF AGREEMENT
CITY OF ARCADIA
& TEAMSTERS LOCAL 911
The Fire Department agrees to continue the practice of permitting
Fire Dispatchers to indicate shift and partner preference every six
months. Dispatchers shall select shifts on a rotational basis, and
only vacant shift slots may be selected. Actual shift assignments
shall be subject to the approval of the Fire Chief.
Dispatchers shall be notified in writing when shift and partner
'preferences are to be made. Dispatchers as a group shall have a
total of seven (7) days vii thin which to make a selection in
writing. Failure to make a selection in writing shall be deemed a
waiver for that time period and the Department shall make the
assignment. More than one Lead Dispatcher may not be assigned to
the same shift. Probationary Dispatchers shall be assigned shifts.
ML
Teamste Local 91
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CITY OF ARCADIA - TEAMSTERS SIDE LETTER RE: DISPATCHERS
DECEMBER 18. 1995
LUNCH OR BREAK PERIODS - DISPATCHERS
Lunch or break periods are not scheduled or guaranteed, but they may be taken
when work load permits. When lunch or breaks are taken, the employee may
not leave the communications center except with the permission of management
or the on-duty supervisor.
TIME CHANGE
Dispatchers who are on shift during a change to or from daylight savings time
shall be paid for hours actually worked.
AffJ~~
Teamsters Local'911
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Date
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,
Date
QITY OF ARCADIA & TEAMSTERS LOCAL 911
CONFIDENTIAL AND GENERAL UNITS
ERGONOMIC SAFETY COMMITTEE
The union shall select two members from the General Unit and one member
from the Confidential Unit to serve on a special Ergonomic Safety Committee.
The Committee shall meet to discuss and make recommendations regarding
workplace ergonomics. The names of the designated employees shall be
provided to the City's Risk Control Officer within thirty days of ratification of this
agreement, and a meeting shall be commenced within 45 days of ratification.
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Date
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City of Arcadia
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Date
CITY OF ARCADIA AND TEAMSTERS LOCAL 911
SIDE LETTER OF AGREEMENT
POLICE DISPATCHER
June 23, 1999
The parties recognize that the City intends to transfer the police dispatch function
currently supervised by the Fire Department to the Police Department. In recognition of
that decision the parties agree as follows:
1. No later than 30 days prior to the transfer of supervision, representatives
of the Police Department management, City management, and the
Teamsters shall meet and confer regarding the impact of the decision.
2. In recognition that the Police Department intends not to use the
designation Lead Dispatcher in their organization, the City proposes to
place current Lead Dispatchers on Range 49 concurrent with the
implementation of the compensation study for employees represented by
the Teamsters. The Lead Dispatcher stipends shall be terminated upon the
effective date of the physical relocation of the dispatch unit to the Police
Station.
3. The parties acknowledge that the meet and confer process shall include
issues related to uniforms, work shift bidding, working hours, and any
material changes in duties.
4. The City agrees that no Dispatcher will be laid off for a 12 month period
provided that the least senior positions can be scheduled flexibly.
5. The City agrees to increase the maximum compensatory time accrual to
100 hours until the transition takes place to the Police Department at
which time the accumulation limit will be a subject of meet and confer.
Raymond Whitmer, Secretary-Treasurer
Teamsters Local 911
William Kelly, City Manager
City of Arcadia
CITY OF ARCADIA AND TEAMSTERS LOCAL 911
SIDE LEITER OF AGREEMENT
June 23, 1999
An employee currently in the classification of Account Technician I who has been cross
trained in at least one additional position for a verifiable period of two months shall be
classified as an Account Technician II effective the first pay period succeeding the
training.
The City acknowledges that three of the current incumbents have satisfied this
requirement.
Raymond Whitmer, Secretary-Treasurer
Teamsters Local 911
William Kelly, City Manager
City of Arcadia
TEAMSTERS SALARY RANGE - JULY 4,1999
Range -
Number Title Step A StepB StepC StepD Step E Step F StepG StepH Step I Step J
36 $1,948 $1,996 $2,046 $2,098 $2,150 $2,204 $2,259 $2,315 $2,373 $2,433
37 $1,996 $2,046 $2,098 $2,150 $2,204 $2,259 $2,315 $2,373 $2,433 $2,493
38 $2,046 $2,098 $2,150 $2,204 $2,259 $2,315 $2,373 $2,433 $2,493 $2,556
39 $2,098 $2,150 $2,204 $2,259 $2,315 $2,373 $2,433 $2,493 $2,556 $2,620
40 $2,150 $2,204 $2,259 $2,315 $2,373 $2,433 $2,493 $2,556 $2,620 $2,685
41 $2,204 $2,259 $2,315 $2,373 $2,433 $2,493 $2,556 $2,620 $2,685 $2,752
42 $2,259 $2,315 $2,373 $2,433 $2,493 $2,556 $2,620 $2,685 $2,752 $2,821
43 $2,315 $2,373 $2,433 $2,493 $2,556 $2,620 $2,685 $2,752 $2,821 $2,892
44 $2,373 $2,433 $2,493 $2,556 $2,620 $2,685 $2,752 $2,821 $2,892 $2,964
45 $2,433 $2,493 $2,556 $2,620 $2,685 $2,752 $2,821 $2,892 $2,964 $3,038
46 $2,493 $2,556 $2,620 $2,685 $2,752 $2,821 $2,892 $2,964 $3,038 $3,114
- $3,114 $3,192
47 $2,556 $2,620 $2,685 $2,752 $2,821 $2,892 $2,964 $3,038
48 $2,620 $2,685 $2,752 $2,821 $2,892 $2,964 $3,038 $3,114 $3,192 $3,271
49 $2,685 $2,752 $2,821 $2,892 $2,964 $3,038 $3,114 $3,192 $3,271 $3,353
50 $2,752 $2,821 $2,892 $2,964 $3,038 $3,114 $3,192 $3,271 $3,353 $3,437
51 $2,821 $2,892 $2,964 $3,038 $3,114 $3,192 $3,271 $3,35.3 $3,437 $3,523
52 $2,892 $2,964 $3,038 $3,114 $3,192 $3,271 $3,353 $3,437 $3,523 $3,611
53 $2,964 $3,038 $3,114 $3,192 $3,271 $3,353 $3,437 $3,523 $3,611 $3,701
. $3,437 $3,611 $3,701 $3,794
54 $3,038 $3,114 $3,192 $3,271 $3,353 $3,523
55 $3,114 $3,192 $3,271 $3,353 $3,437 $3,523 $3,611 $3,701 $3,794 $3,889
56 $3,192 $3,271 $3,353 $3,437 $3,523 $3,611 $3,701 $3,794 $3,889 $3,986
57 $3,271 $3,353 $3,437 $3,523 $3,611 $3,701 $3,794 $3,889 $3,986 $4,086
58 $3,353 $3,437 $3,523 $3,611 $3,701 $3,794 $3,889 $3,986 $4,086 $4,188
59 $3,437 $3,523 $3,611 $3,701 $3,794 $3,889 $3,986 $4,086 $4,188 $4,292
60 $3,523 $3,611 $3,701 $3,794 $3,889 $3,986 $4,086 $4,188 $4,292 $4,400
61 $3,611 $3,701 $3,794 $3,889 $3,986 $4,086 $4,188 $4,292 $4,400 $4,510
- $4,292
62 $3,701 $3,794 $3,889 $3,986 $4,086 $4,188 $4,400 $4,510 $4,623
63 $3,794 $3,889 $3,986 $4,086 $4,188 $4,292 $4,400 $4,510 $4,623 $4,738
64 $3,889 $3,986 $4,086 $4,188 $4,292 $4,400 $4,510 $4,623 $4,738 $4,857
65 $3,986 $4,086 $4,188 $4,292 $4,400 $4,510 $4,623 $4,738 $4,857 $4,978
- -.-- --- --- ---- -- -.-- -
66 $4,086 $4,188 $4,292 $4,400 $4,510 $4,623 $4,738 $4,857 $4,978 $5,102
67 $4,188 $4,292 $4,400 $4,510 $4,623 $4,738 $4,857 $4,978 $5,102 $5;230
68 $4,292 $4,400 $4,510 $4,623 $4,738 $4,857 $4,978 $5,102 $5,230 $5,361
TEAMSTERS SALARY RANGE -JULY 4,1999
Range , I J
--
Number Title Step A Step B Step C Step D Step E Step F StepG StepH Step I Step J
69 $4,400 $4,510 $4,623 $4,738 $4,857 $4,978 $5,102 $5,230 $5,361 $5,495
70 $4,510 $4,623 $4,738 $4,857 $4,978 $5,102 $5,230 $5,361 $5,495 $5,632
71 $4,623 $4,738 $4,857 $4,978 $5,102 $5,230 $5,360 $5,495 $5,632 $5,773
----
72 $4,738 $4,857 $4,978 $5,102 $5,230 $5,361 $5,495 $5,632 $5,773 $5,917
73 $4,857 $4,978 $5,102 $5,230 $5,361 $5,495 $5,632 $5,773 $5,917 $6,065
I ~AM~ I ~K~ ~ALAKY KANu~~
Range
Number Title
54 Accounting Specialist
40 Accounting Technician I
44 Accounting Technician II
43 Administrative Assistant
661Assistant Engineer
581 Assistant Planner
70 Associate Civil Engineer
62 Associate Planner
47 Building Technician I
51 Building Technician II
52 Business License Officer
52 Code Services Officer
58 Combination Inspector
62 Communications Specialist
47 Community Service Officer
54 Computer Support Specialist
39 Custodian
49 Deputy City Clerk
43 Dispatcher I
491 Dispatcher II
55 Engineering Assistant
51 Engineering Technician
56 Evidence Technician
55 Executive Assistant
51 Fire Administrative Specialist
60 Fire Inspector
51 Human Resources Technician
43 Info and Referral Coord
55 Legal Coordinator
55 Librarian
36 Library Tech I
40 Library Tech II
51 Logistical Services Officer
62 Network Support Specialist
39 Office Assistant
39 Police Records Tech I
43 Police Records Technician II
65 Principal Librarian
62 Redevelopment Project Mgr.
50 Senior Accounting Tech
49 Senior Administrative Assistant
45 Senior Citizens Program Specialist
43 Senior Citizens Project Specialist
61 Senior Engineering Assistant
461Senior library Technician
471Sr. Police Records Tech
431Video Tech/Office Assistant