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RESOLUTION NO. 6443
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING A MEMORANDUM OF
UNDERSTANDING ESTABLISHING COMPENSATION AND
RELATED BENEFITS FOR CONFIDENTIAL, SUPERVISORY,
PROFESSIONAL AND GENERAL EMPLOYEES REPRESENTED
BY TEAMSTERS LOCAL 9 11 FOR JULY I, 2004 THROUGH JUNE
30,2005
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES
,
HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION I. The City Council hereby approves that certain Memorandum of
Understanding ("MOU") by and between the City of Arcadia and the Confidential,
Supervisory, Professional and General Employees represented by Teamsters Local 911
dated effective as of July 1,2004, a copy of which is attached hereto. The City Manager
is hereby authorized and directed to execute the Memorandum of Understanding on
behalf of the City. The salary and benefits for Confidential, Supervisory, Professional
and General Employees represented by Teamsters Local 911 shall be those set forth in
the Memorandum of Understanding.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this 21st day of September, 2004.
ATTEST:
~)JfS ~
Clerk of the City of Arcadia
-
APPROVED AS TO FORM:
~p.~
City Attorney
6443
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Resolution No. 6443 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 21st day of September, 2004 and that said
Resolution was adopted by the following vote, to wit:
A YES: Council Member Chandler, Marshall, Segal, Wuo and Kovacic
NOES: None
ABSENT: None
/- ~-
City Clerk of the City of Arcadia
2
6443
CITY OF ARCADIA
AND
CALIFORNIA TEAMSTERS
PUBLIC, PROFESSIONAL
AND MEDICAL EMPLOYEES
UNION LOCAL 911
(CONFIDENTIAUSUPERVISORY/PROFESSIONAL UNIT
AND GENERAL EMPLOYEE UNIT)
City of
Arcadia
MEMORANDUM OF UNDERSTANDING
JULY 1, 2004 THROUGH JUNE 30, 2005
ATIAc,i{ il! ldtJT I
TABLE OF CONTENTS
Paqe
Preamble 1
Article I Parties and Recognition 2
Appropriate Unit 2
Mutual Recommendation and Implementation 3
Authorized Agents 3
Article II Term 4
Savings Clause 4
No Strike Clause 4-5
Article III Union Rights 6-11
A. Agency Shop 6-8
B. Right To Join 8-9
B. Use of Bulletin Boards 9
C. Payroll Deduction 9
D. Access to Facilities 9-10
E. Union Stewards 10-11
F. Reasonable Notice 11
G, List of Names 11
Article IV Management Rights 12
Article V Compensation 13
Promotion or Advancement 13-14
Article VI Hours 15
Overtime (FLSA) 15
Rest Periods 15-16
Work Schedule 16
Article VII Stability Pay 17
Article VIII Tuition Reimbursement 18
Article IX Mileage Reimbursement 19
Article X Health, Dental and Life Insurance 20-22
Retired Health Insurance 22
Article XI Disability Income Insurance 23
Article XII Medical Examinations 24
Article XIII Uniforms 25-26
TABLE OF CONTENTS
Paqe
Article XIV Leaves of Absence 27
A. Non-Medical Leaves Without Pay 27
B. Family Care and Medical Leaves 28-31
C. Military Leave 31-32
D. Vacation Leave 32-33
E. Sick Leave 33-34
F. Bereavement Leave 34
G. Holidays 35-36
H. Jury Leave 36
I. Court Witness Leave 36
J. Industrial Accident Leave 36-37
Article XV Probationary Period 38
Article XVI Special Pay 39
A. Acting Pay 39
B. Call-Back Pay 39
C. Bilingual Pay 39
D. Dispatch Training Pay 39
Article XVII Layoffs 40
A. Layoff Procedure 40
B. Re-employment List 40
C. Definitions 41
Article XVIII Personnel Files 42
Article XIX Employee Grievances 43-50
A. Definitions 44
B. Timeliness 44
C. Employee Representation 44
D. Informal Grievance Procedure 44
E. Formal Grievance Procedure 44-46
F. Appeal to Human Resources Commission 46-51
Article XX Disciplinary Action 52
A. Suspension, Salary Reduction, Demotion & Dismissal 52
B. Notification and Appeal Procedure 52
C. Salary Reduction 53
D. Unauthorized Absence 53
Article XXI Full Understanding/Execution of AgreemenUNegotiation
Teams 54-55
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.
1
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 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 el.seg.).
Section B. APPROPRIATE UNIT
The'c1assifications covered by this agreement are:
Confidential/Supervisory/Professional Unit
Accounting Specialist Legal Coordinator
Administrative Assistant - H.R. Librarian
Assistant Engineer Principal Librarian
Assistant Planner Redevelopment Project Analyst
Associate Civil Engineer Revenue Collection Specialist
Associate Planner Senior Library Technician
Deputy City Clerk Senior Police Records Technician
Deputy Fire Marshal Senior Combination Inspector
Executive Assistant Senior Planner
Human Resources Technician Video Technician/Office Assistant
General Emplovee Unit
Accounting Technician I & II
Administrative Assistant
Building Technician I & II
Business License Officer
Circulation Services Supervisor
Code Services Officer
Combination Inspector
Communications Specialist
Community Services Officer
Communications & Marketing Specialist I & II
Computer Support Specialist
Custodian
Dispatcher I & II
Engineering Aide
Engineering Assistant
Evidence Technician
Fire Administrative Specialist
Fire Inspector
Historical Museum Education Coordinator
2
Historical Museum Curator
Info and Referral Coordinator
Information Systems Specialist
Library Technician I & II
Logistical Services Officer
Office Assistant
Police Communications &
Information Systems Specialist
Police Records Technician I & II
Public Works Inspector
Public Works Technician
Recreation Coordinator
Senior Accounting Technician
Senior Administrative Assistant
Senior Engineering Assistant
Senior Citizens Program Specialist
Senior Citizens Project Specialist
~
.
ARTICLE I (continued)
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/Supervisory/Professional Unit and the General
Employees Unil. 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 forr]1ally 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, Califomia, 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 Melissa
Ornelas or designee 3888 Cherry Avenue, Long Beach, California, 90807.
Section E. The City agrees to give the union notice of any changes, additions, or deletions of
bargaining unit by classifications via an emailed copy of the Human Resources
Commission Agenda. The agenda will be emailed to the union's authorized agent
at the same time the agenda is sent to Commission members. The union shall be
responsible for providing the City with the authorized agent's email address.
3
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, 2004 and ending June 30, 2005. .
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 arid 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.
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
4
ARTICLE /I
(continued)
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.
5
ARTICLE III UNION RIGHTS
Section A. AGENCY SHOP AGREEMENT
Leqislative Authority
The City of Arcadia (City) and Teamsters Local 911, Confidential, Supervisory, Professional,
and. General Employee Bargaining Unit (Union) mutually understand and agree that in
accordance with State of California law, per adoption of SB 739, and the Agency Shop election
held on March 21, 2002, a simple majority of ballots cast by regular employees in classifications
represented by the Union voted to be covered by an Agency Shop agreement. As a result of
the Agency Shop election, as a condition of continued employment, this Agency Shop
agreement hereby requires that all bargaining unit employees:
1. Elect to join the Union and pay union dues
2. Pay an agency fee for representation
3. Or with a religious exemption, pay a fee equal to the agency fee to be donated to
selected charities.
The following agency shop provision will be implemented, in conformity with California
Government Code Section 3502.5 and applicable law.
Union Dues/Aqency Fee Collection
Effective with the pay period beginning May 26, 2002, the Administrative Services Department
shall deduct union dues, agency fee and religious exemption fees from all employees who have
signed a written authorization and a copy of that authorization has been provided to the
Administrative Services Department. Employees on leave without payor employees who earn a
salary less than the union deduction shall not have a union dues or agency fee deduction for
that pay period.
The Union shall notify the City of any agency fee payer who elects to only pay fair share fees,
the fee equal to direct representation costs as determined by the Union's certified financial
report. The Union shall notify the City of the amount of the fair share fee to be deducted from
the fair share fee payer's paycheck.
New Hire Notification
Effective May 1, 2002, all new hires in the Confidential, Supervisory, Professional, And General
Employee Bargaining Unit shall be informed by the Human Resources Office of the
Administrative Services Department, at the time of hire, that an Agency Shop agreement is in
effect for their classification. The employee shall be provided a copy of this agreement, the
Memorandum of Understanding and a form, mutually developed between the City and the
Union that outlines the employee's choices under the Agency Shop agreement. The employee
6
ARTICLE JII (continued)
shall be provided thirty (30) calendar days from the date of hire to elect their choice and provide
a signed copy of that choice to the Administrative Services Department. The Union may
request. to meet with new hires at a time and place mutually agreed upon between the
DepartmerH Head and the Union.
Failure to Pay Dues/Fees
All unit employees who choose not to become members of Local 911 shall be required to pay to
Local 911 a representation service fee that represents such employee's proportionate share of
Local 911's cost of legally authorized representation services on behalf of unit employees in their
relations with the City of Arcadia. Such representation service fee shall in no event exceed the
regular, periodic membership dues paid by unit employees who are members of Local 911. Unit
employees who attain such status after the effective date of this Agreement shall be subject to its
terms thirty (30) days after attaining unit status.
Leave Withoui Pay{Temporary Assjqnment Out of Unit
Employees on an unpaid leave of absence or temporarily assigned out of the unit as a
Supervisor shall be excused from paying dues, agency shop fees, or charitable contributions.
Reliqious Exemption
Any employee who is a member of a religious body whose traditional tenets or teachings
include objections to joining or financially supporting employee organizations shall not be
required to pay an agency fee, but shall pay by means of mandatory payroll deduction an
amount equal to the agency fee to a non-religious, non-labor charitable organization exempt
from taxation under Section 501 (c)(3) of the Internal Revenue Code. Those fees shall be
remitted by the City, at the choice of the employee, to one of the following non-labor, non-
religious charitable organizations: United Way or American Red Cross.
To qualify for the religious exemption the employee must provide to Local 911, with a copy to
the City, a written statement of objection, along with verifiable evidence of membership in a
religious body as described above. The City will implement the change in status within thirty
days unless notified by Local 911 that the requested exemption is not valid. The City shall not
be made a party to any dispute arising relative to the determination of religious exemptions.
Any of the above-described payment obligations shall be processed by the City in the usual and
customary manner and time-frames.
Records
The Union shall keep an adequate itemized record of its financial transactions and shall make
available annually, to the City and to Agency Fee payers, within 60 days after the end of its fiscal
7
ARTICLE IfI (continued)
year, a written financial report thereof in the form of a balance sheet certified as to accuracy by its
president and treasurer or corresponding principal officer, or by a certified public accountant.
The City shall provide the Union a list of all unit members and dues paying status with each
union dues check remitted to the Union.
Rescission of Aqreement
The Ag'ency Shop agreement may be rescinded at any time during the term of the
Memorandum of Understanding by a majority vote of all the employees in the bargaining unit. A
request for such vote must be supported by a petition containing the signatures of at least thirty
(30) per cent of the employees in the unit. The election shall be by secret ballot and conducted
by California State Mediation and Conciliation and in accordance with state law.
Indemnification
The Union shall indemnify, defend and hold the City harmless from and against all claims and
liabilities as a result of implementing and maintaining this agreement.
Section B. RIGHT TO JOIN
The City and the 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 employee's participation or non-participation in any Union activity,
8
ARTICLE III (continued)
Section C. 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 D. 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:
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 pe'riod 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 E. 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 regar~ingpersonnel related matters during work hours.
9
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 shalf set an alternative time and/or
location for such visit within 72 hours.
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, numb~r 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 F. 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 shalf
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:
10
ARTICLE III (continued)
. 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.
. A fifteen (15) minute orientation period with new hires at the
beginning of a new employee orientation conducted by the Human
Resources Division.
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.
SectionG. 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 Citywill 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 H. 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/Supervisory/Professional Unit and the
General Employee Unit.
11
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; suspehd 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.
12
ARTICLE V COMPENSA TlON
Section A. The City shall continue to pay 7% of the employee's contribution to the Public
Employee's Retirement System.
The City shall pay seven (7) percent of the employees' compensation earnable as
Employer Paid Member Contributions and report the same percent of compensation
earnable as special compensation. .
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 compensation study completed. March 29, 2003.
The recommended salary adjustments shall be effective July 1, 2003, as identified
. in the compensation study. In the event a classification is placed at a higher
range, employees in these classifications will be placed a maximum of 5% above
their June 30, 2003 salary. After this placement on the recommended salary
schedule, the schedule shall then be improved by 2.75% as a cost of living
adjustment (COLA) for all 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
approximately 2.5%.
Section D. The advancement through the salary steps is discretionary based upon satisfactory
performance and continuous service in the same classification. The following
schedule is the continuous service time required for a qualified employee to receive
each step increase:
A Step to C Step:
All other Steps:
6 months
12 months
13
ARTICLE V (continued)
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.
14
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 one hundred (100) hours. When the maximum level of
compensatory time is reached, overtime shall be paid. The scheduling of
compensatory time off shall not result in the pyramiding of overtime.
An employee who has accrued compensatory time and requested use of accrued
compensatory time, shall be permitted to use such time off within a reasonable
period after making the request, if such use does not unduly disrupt the operation of
the City. An employee's request to use compensatory time shall not be denied on
the basis that it would require the payment of overtime to the replacement
employee. The City will assist employees by posting the opportunity, however, it is
the responsibility of the employee to find coverage.
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
15
ARTICLE VI (continued)
employee, but periods cannot be used to make up for other lost time. Rest periods
are not cumulative and may not be taken concurrently with lunch periods.
Section C. WORK SCHEDULES
(1) The City may establish and change work schedules, work times and work
hours, and assign employees thereto, in its sole discretion; provided, however, if the
City decides to eliminate a current alternate work schedule (5/40, 9/80, 4/10, 3/12 or
3/13.20), the City agrees it will meet and confer with the Union prior to eliminating
the alternate work schedule. If, after meeting and conferring with the Union, the City
decides to proceed with its decision to eliminate an alternate work schedule,
affected employees shall receive a minimum of two (2) weeks notice of the change.
(2) Except for emergencies and temporary changes in work schedules, work
times and work hours, which shall be defined for six months or less, affected
employees shall be given a minimum of two (2) weeks notice of change in work
hours, work times and work schedules. In the case of an emergency or temporary
change in work schedules, work times or work hours, reasonable notice shall be
given to affected employees.
(3) Employees assigned to rotating schedules shall be allowed to conduct
mutually agreed upon shift trades for each rotation, subject to management's right
to deny or limit such trades due to operational reasons which include, but are not
limited to, an employee's probationary status, an employee's performance issues, or
employee training.
16
ARTICLE VII STABILITY PA Y
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
11 $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.
17
ARTICLE VIII
TUITION REIMBURSEMENT
Section A. The Tuition Reimbursement Program will operate on a fiscal year basis (July 1
through June 30). Maximum tuition reimbursement, including on campus parking
fees and textbooks is $2,500.00 per fiscal year. School supplies are not
reimbursable.
The reimbursement shall only be for courses that are directly related to the
employee's position as determined by the City Manager. Only courses, specialized
training, or degree programs "job-related" to permanent full-time positions will be
considered for tuition 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.
18
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 frequently
during a month, reimbursement will be made once a month. Completed mileage
forms shalf 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.
19
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 $595.00 per month per employee for coverage. For full-
time employees, if the City's contribution exceeds the cost of employee only
coyerage, 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 $297.50 per month per permanent part-time
employee for coverage. For permanent part-time employees, if the City's
contribution exceeds the cost of employee only coverage, the difference may be
contributed toward the cost of dependent coverage only.
If the premium cost of the health plan exceeds the City'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 July 1, 2003 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.
3. Optional Benefits
The City shall contribute $565.80 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.
20
ARTICLE X
(continued)
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.
5. The City shall provide each employee with a vision plan, with the City paying
the premium in the fiscal year 2004-2005. This vision plan will be Vision
Service Plan, option B. The City will pay the premium up to the cost of the
family plan.
Section C. Effective July 1, 2003, 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 $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.
3. Optional Benefits
The City shall contribute $268.30 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 not considered base salary for purposes
of overtime calculation.
The employee need not enroll in a medical plah 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.
21
ARTICLE X (continued)
4. Life Insurance
The City shall continue to provide $7500.00 life insurance benefit for eligible
employees.
5. The City shall provide each employee with a vision plan, with the City paying
the premium in the fiscal year 2004-2005. This vision plan will be Vision
Seryice Plan, option B. The City will pay the premium up to the cost of the
family plan.
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, disability, or industrial disability retirement and has one
thousand (1000) hours of accumulated sick leave at the date of retirement. Such
payment shall cease when Medicare coverage starts. 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.
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.
22
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
an employee who works at least 30 hours per week, during the life of the
agreement.
23
ARTICLE XII MEDICAL EXAMINA TlONS
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.
r
24
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 Services 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.
In addition to the above uniforms, the City shall provide polo shirts for the following
employees:
. Communications Specialist (4)
. Police Records Technician 1/11 (2)
. Dispatcher 1/11 (2)
. All other employees represented by this MOU shall receive one
(1) Polo shirt yearly.
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.
25
ARTICLE XIIf
(continued)
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 Services Officer, Custodian, Fire Inspector, and
Public Works Inspector.
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.
26
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 retum 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.
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.
27
ARTICLE XIV
(continued)
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 medica/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;
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
28
ARTICLE XIV
(continued)
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 healtti
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.
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 forthe birth or placement of a
child for adoption or foster care expires 12 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
29
ARTICLE XIV
(continued)
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.
g. Employees who request leave for their own serious health condition or to
care for a child, parent or a spouse who has a seriou_s 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 the City's 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 family member with a
serious health condition, the employee must provide medical certification that
such leave is medically necessary. "Medically necessary" means there must
bea medical need for the leave and that the leave can best be accomplished
through an intermittent or reduced leave schedule.
30
ARTICLE XIV
(continued)
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 emploYE;le 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.
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 ha's 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.
31
ARTICLE XIV
(continued)
This leave provision does not apply to employees who are drafted or receive orders
to military duty for periods longer than 180 calendar days. Employee's rights to
return to vacant positions after an absence that exceeds 180 calendar days shall be
governed by the applicable Federal and State law.
Section D. VACATION LEAVE
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 carry over the excess leave time into the next three (3)
months of the new calendar year, if rescheduling of the vacation leave is not
possible.
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 4.61 hours per pay period between the employee's fifth and tenth
anniversary date of continuous full-time employment; at the rate of 5.23
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.
32
ARTICLE XIV
(continued)
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
11-15 years
16+ years
80 hours
120 hours
136 hours
160 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.
f. Vacation scheduling for the dispatch, records, and community services
officer work sections, excluding supervisory and management employees,
shall be determined by seniority within each work section, provided that the.
employee's vacation request is made within one month prior to the
applicable master vacation schedule. Requests made during the applicable
period of the master vacation schedule will be considered on a first come,
first served basis.
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 City Manager or designee may require a medical examination by a
physician or evidence of the reason for an absence of any employee during
absence on account of illness of such employee.
c) Except as provided hereinafter, sick leave means authorized absence from
duty of an employee who is temporarily disabled and unable to work due to a
medical condition or due to a scheduled medical or dental appointment
during regular working hours. Every effort shall be made to schedule
appointments during non-working hours.
33
Employees that are injured on duty, and the injury is recognized as such by
the City or the WCAB, and not eligible to receive salary to supplement
workers' compensation temporary disability benefits under Section J of this
Article, may request that accrued sick leave be paid to supplement workers'
compensation disability payments. .
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.
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 \'{here death appears imminent, in the immediate family, an
employee, may be granted a leave of absence with pay, upon approval of the
appointing power and the City Manager. Immediate family is defined as the spouse,
the employee or employee's spouse's mother or stepmother, father or stepfather,
brother or sister or step sibling, child or stepchild, grandparents, grandchildren, or
any relative of the employee or employee's spouse residing in the same household.
Such leave, shall be granted based on employee's current work shift up to a
maximum of three (3) shifts.
34
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 hpliday 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 carry over 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. Each employee in a classification represented by this MOU shall be allowed
eight (8) hours floating hOliday for his or her birthday to be scheduled by the
employee in the same manner as vacation days are scheduled. Floating
holidays do not carry over from calendar year to calendar year. Failure to
schedule the day off within the calendar year shall result in its loss.
5. 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:
35
6. For full-time employees assigned to an alternate work week, and scheduled to
work 9 or more hours, but for the holiday would have been scheduled to work 9
or more hours, the employee may use accrued vacation time, accrued comp
time, floating holiday time or unpaid leave to make up any difference between
the provided nine hours of holiday pay and the actual number of regularly
scheduled working hours for a designated holiday. For example, if a holiday falls
on a day an employee is scheduled to work ten (10) hours, the employee shall
receive nine (9) hours of holiday pay and be permitted to 'use other accrued
leaves to make up the extra hour for that day.
7. 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
occu rs.
8. 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.
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.
36
ARTICLE XIV
I
J
(continued) .
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.
37
ARTICLE XV PROBATIONARY PERIOD
Section A. The probationary period is part of the examination process. It is a work-test period
during which the employee's performance and conduct on the job are evaluated to
determine whether or not the employee is fully qualified for permanent appointment.
During the probationary period, a probationer may be released, or demoted if
permanent status is held in a lower classification, without the right of appeal, if the
appointing power deems the probationer unfit or unsatisfactory for service.
When a provisional appointment is made to a probationary position and
subsequently the appointee is appointed to the position as' a probationary
employee, with no time interval between the provisional and probationary
appointment, the "employment date" as herein defined, shall be the date first
appointed on a provisional basis.
Section B. All eligible candidates appointed to a position from an open competitive examination
and who are not currently employed in a permanent position shall be on probation
for twelve (12) months before attaining permanent status.
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 (12) months before attaining permanent status. A Dispatcher I
who has successfully completed probation and is appointed from a promotional list
to Dispatcher II shall be on probation for six (6) months before attaining permanent
statu s.
Section C. Eligible candidates appointed from a promotional list shall be on probation for six
months before attaining permanent status.
Seotion 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.
38
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 Services 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.
Section D. DISPATCH TRAINING PAY
During the term of this agreement, a Dispatcher assigned by the Chief or his
designee to perform the extra duty and responsibility of training new Dispatchers
shall receive $50.00 per pay period, in addition to their base salary, only while in the
capacity of training a new Dispatcher.
39
ARTICLE XVII
LA YOFFS
Section A. LAYOFF PROCEDURE
The City Manager or appointing power may layoff an employee because of change
in duties or organization, deletion of service, adverse working conditions., shortage
of work or funds or return of employees from authorized leave of absence.
The order of layoff shall be based on performance (outlined in Section C below),
and in the reverse of total cumulative time served in the same classification upon
the date established for the layoff to become effective. The order of employee
layoff in a department shall be as follows: temporary, provisional, probationary,
permanent. The employee in the class with the least seniority in the department will
be laid off and may exercise bumping rights, if any, to the least senior incumbent in
the class in the City. However, if a vacancy exists in the class, there will be no
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,
volunt,arily 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
cl<;lssification that the employee previously held within the unit, provided such
employee's seniority in the department is greater than the most junior employee
holding the lower position.
Employees in classifications which are found in more than one Department may in
lieu of layoff voluntarily transfer to another City department in the same
classification, or lower classification, provided there is a funded vacant position or
provided the employee's seniority is greater than the most junior employee holding
the position.
An employee who transfers across departmental lines shall serve a six month
probationary period. If the employee fails the probationary period the employee
shall then be placed on the re-employment list, and the employee who was laid off
shall be reinstated.
Section B. RE-EMPLOYMENT LIST
The mimes of employees shall be placed upon re-employment lists in the reverse
order of the layoff. Re-employment lists shall remain effective for eighteen (18)
months from the effective date of separation from service. Failure of the employee
on the re-employment list to provide he City their current address shall result in the
employee's name being removed from the eligibility list.
40
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.
41
ARTICLE XVIIJ
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.
42
ARTICLE XIX
EMPLOYEE GRIEVANCES
Section A. DEFINITIONS
1. Grievance
A grievance is an allegation by an employee(s) of a misinterpretation or
misapplication of any express provision of the applicable Memorandum of
Understanding or City and/or Department Personnel Rules and Regulations
where there is no other specific method of review provided by City law.
2. Grievant
An employee or group of employees in the classified service adversely
affected by an act or omission by the City allegedly in violation of an express
provision of the Memorandum of Understanding or City and/or Department
Personnel Rules and Regulations.
3. Department Head
The department head or designee.
4. Work day
A work day is any day the City offices are regularly open for business.
5. Exclusions from the Grievance Procedure
a. The procedure is not to be used for the purpose of changing wages, hours
and working conditions. Allegations involving wages, hours and working
conditions may thus be grieved only if the grievance involves a
misapplication or misinterpretation of an express provision of the MOU or a
City/Department Personnel Rules and Regulations.
b. The procedure is not intended to be used to challenge the content of
employee evaluations or performance reviews. Allegations that the City has
failed to comply with an evaluation procedure set forth in a specific provision
of the MOU and/or City/Department Personnel Rules and Regulations are
grievable.
c. The procedure is not intended to be used to challenge a reclassification,
layoff, transfer, denial of reinstatement, or denial of a step or merit increase.
Notwithstanding the above, if the process used to reach the foregoing
decisions is not in compliance with an express provision of the MOU and/or
City/Department Personnel Rules and Regulations, a grievance may be filed.
43
ARTICLE XIX (continued)
d. The procedure is not intended to be used in cases of oral or written
reprimand, demotion, suspension, removal or other disciplinary action.
Appeals of disciplinary actions are covered by the City's Personnel Rules
and Regulations.
e. The procedure is not to be used to challenge examinations or appointment
to positions. Notwithstanding the above, if the process used to reach the
foregoing decisions is not in compliance with an express provision of the
MOU and/or City/Department Personnel Rules and Regulations, a
grievance may be filed.
Section B. TIMELINESS
The grievance must be filed by the employee within the timelines set forth herein.
Failure of the employee to file the initial grievance or process the grievance from
one level to another in a timely manner is a forfeiture of the grievance and the
grievance will not be processed further.
If the City fails to respond in a timely manner, the employee may proceed to the
next level.
Section C. EMPLOYEE REPRESENTATION
The employee may be represented by a person of his or her choice to prepare
and present the grievance. The employee may use a reasonable amount of
released time to process the grievance. The release time must be approved by
the Department Head.
Section D. INFORMAL GRIEVANCE PROCEDURE
Within fifteen (15) working days following the event, or within fifteen (15) working
days after the employee should reasonably have known of the event, the
employee should attempt to resolve the grievance on an informal basis by
discussion with his or her immediate supervisor..
Section E. FORMAL GRIEVANCE PROCEDURE
1. First level of Review: Next level Supervisor
If the employee is not able to resolve the grievance after discussion with his
or her immediate supervisor, within ten (10) working days after the informal
discussion with the immediate supervisor, the employee shall present the
grievance in writing to the next level supervisor on the official City grievance
form setting forth the following information:
a. The specific section of the rules or MOU allegedly violated.
44
ARTICLE XIX
(continued)
b. The specific act or omission which gave rise to the alleged violation.
c. The date or dates on which the violation occurred.
d. Documents, witnesses or evidence in support of the grievance.
e. The resolutio(1 of the grievance at the informal stage.
f. The remedy requested.
A copy of the grievance shall be provided to the Human Resources Division
of the Administrative Services Department concurrently with presentation to
the immediate supervisor.
The next level supervisor shall render a decision in writing, on the
grievance form, within ten (10) working days after receiving the grievance.
2. Department Head Review
If the employee does not agree with the decision of the next level
supervisor, within ten (10) working days after receiving the next level
supervisor's decision or twenty (20) days from the date the next level
supervisor received the grievance but failed to issue a decision, the
employee shall present the grievance in writing, on the grievance form, to
the department head.
The department head may require the employee and the immediate
supervisor to attend a grievance meeting. The department head shall
communicate a decision in writing within ten (10) working days of receiving
the grievance or within ten (10) working days of holding a grievance
meeting whichever is longer.
3. Human Resources Manager
If the employee is not in agreement with the decision reached by the
department head, within ten (10) working days after receiving the
department head's decision or twenty (20) days from the date the
department administrator received the grievance but failed to issue a
decision, the employee shall present the grievance in writing to the Human
Resources Manager on the official City grievance form.
The Human Resources Manager may require the employee and the
immediate supervisor to attend a grievance meeting. The Human
Resources Manager shall communicate a decision in writing within ten (10)
working days of receiving the grievance or the holding of a grievance
meeting whichever is longer.
45
ARTICLE XIX
(continued)
4.
Human Resources Commission
If the employee is not in agreement with the decision of the Human
Resources Manager or if the Human Resources Manager has failed to
respond, the employee shall present the grievance to the Human
Resources Commission within ten (10) working days from the date of
receipt of the Human Resources Manager's decision or twenty (20) days
from the date the Human Resources Manager received the grievance but
failed tq issue a decision.
Section F. APPEAL TO HUMAN RESOURCES COMMISSION
1. Scheduling of Hearing
Upon receipt of the request for an appeal, the City shall, within thirty (30)
days, transmit the appeal to the Human Resources Commission. The
Commission shall schedule a hearing. The appeal hearing shall be set not
less than twenty (20) working days nor more than sixty (60) working days
from the date of the filing of the appeal. All interested parties shall be
notified in writing of the date, time, and place of the hearing at least ten (10)
working days prior to the hearing.
2. Public Hearings
All hearings shall be open to the public.
3. Pre-Hearing Procedure
a. Subpoenas
The Human Resources Commission is authorized to issue
subpoenas at the request of either party prior to the commencement
of the hearing. After the commencement of the hearing, subpoenas
shall be issued by the Commission only for good cause. Each party
. will prepare their own subpoenas and present them to the Human
Resources Division of the Administrative Services Department and
. the other party. The Human Resources. Division of the
Administrative Services Department will issue the subpoenas. The
Human Resources Division of the Administrative Services
Department will serve subpoenas for current City employees. It will
be the responsibility of the employee or the City to serve subpoenas
on individuals who are not currently employed by the City. It will be
the responsibility of the employee and the City to submit the written
request for subpoenas at least ten (10) working days before the date
of the hearing.
46
"J
ARTICLE XIX
(continued)
b. Exhibits and Witness Lists
Five (5) working days prior to the date set for the hearing, each party
shall serve upon the other party and submit to the Human
Resources Division of the Administrative Services Department a list
of all witnesses and a list and copy of all exhibits. An original and
nine (9) copies of the exhibits shall be presented to the Human
Resources Division of the Administrative Services Department in 3
hole notebooks which are tabbed down the side with the exhibit
numbers. The employer:s exhibits shall be designated by number.
The employee's exhibits shall be designated by alphabetical letter.
Neither party will be permitted to call during the hearing, a witness
not identified pursuant to this section nor use any exhibit not
provided pursuant to this section unless that party can show that
they could not reasonably have anticipated the prior need for such
witness or such exhibit.
c. Statement of Issues
Five (5) working days prior to the date set for the hearing, each party
shall submit to the Human Resources Division of the Administrative
Services Department a Statement of Issues.
4. Submission to the Human Resources Commission
Five (5) working days prior to the date set for the hearing, the Human
Resources Division of the Administrative Services Department shall present
each member of the Human Resources Commission with a copy of the
jurisdictional documents. Those documents include the grievance
documents at each level and the responses to the grievance.
5. Payment of Employee Witnesses ,
Employees of the City who are subpoenaed to testify during working hours
will be released with pay to appear at the hearing. The Commission may
direct that these employees remain on call until called to testify.
Employees who are subpoenaed to testify during non-working hours will be
compensated for the time they actually testify, unless the City agrees to a
different arrangement.
6. Conduct of the Hearing
a. The hearing need not be conducted in accordance with technical
rules relating to evidence and witnesses but hearings shall be
conducted in a manner most conducive to determination of the truth.
47
ARTICLE XIX
(continued)
b. Any relevant evidence may be admitted if it is the type of evidence
on which responsible persons are accustomed to rely in the conduct
of serious affairs, regardless of the existence of any common law or
statutory rules which might make improper the admission of such
evidence over objection in civil actions.
c. Hearsay evidence may be used for the purpose of supplementing or
explaining any direct evidence that shall not be sufficient in itself to
support a finding unless it would be admissible over objection in civil
actions.
d. The rules dealing with privileges shall be effective to the same extent
that they are now or hereafter may be recognized in civil actions.
e. Irrelevant and unduly repetitious evidence may be excluded.
f. The Human Resources Commission shall determine relevancy,
weight and credibility of testimony and evidence. Decisions made by
the Commission shall not be invalidated by any informality in the
proceedings.
g. During examination of a witness, all other witnesses, except the
parties, shall be excluded from the hearing upon motion of either
party.
h. The Human Resources Commission may conduct the hearing or
delegate evidentiary and/or procedural rulings to its legal counsel.
7. Burden of Proof
In a grievance appeal the grievant has the burden of proof by
preponderance of the evidence.
8. Proceed with Hearing or Request for Continuance
Each side should be asked if it is ready to proceed. If either side is not
ready and wishes a continuance, good cause must be stated. Any request
for a continuance must be made in writing and submitted prior to the
hearing to all parties. Before requesting a continuance, the moving party
shall contact all parties to determine if there is any opposition to the.
continuance and shall state in its request if there is opposition.
9. Testimony under Oath
All witnesses shall be sworn in for the record prior to offering testimony at
the hearing. The chairperson will request the witnesses to raise their right
hand and respond to the following:
48
"Do you swear that the testimony you are about to give at this hearing is the
truth, the whole truth and nothing but the truth?"
10. Presentation of the Case
The hearing shall proceed in the following order unless the Human
Resources Commission for special reason, directs otherwise: '
a. The Human Resources Chair shall announce the issues after a
review of the statement of issues presented by each party.
b. The grievant (employee) shall be permitted to make an opening
statement.
c. The respondent (City) shall be permitted to make an opening
statement, or reserve an opening statement until presentation of its
case.
d. The grievant shall produce his/her evidence.
e. The respondent may then offer its evidence.
f. The grievant followed by the respondent may offer rebutting
evidence.
g. Closing arguments shall be permitted at the discretion of the Human
Resources Commission. The party with the burden of proof, shall
have the right to go first and to close the hearing by making the last
argument. The Commission may place a time limit on closing
arguments. The Commission or the parties may request the
submission of written briefs. After the request for submittal of written
briefs, the Commission will determine whether to allow the parties to
submit written briefs and determine the number of pages of said
briefs.
11. Procedure for the Parties
The party representing the department and the party representing the
employee will address their remarks, including objections, to the Chair of
the Human R'esources Commission. Objections may be ruled upon
summarily or argument may be permitted. The Chair reserves the right to
terminate argument at any time and issue a ruling regarding an objection or
any other matter, and thereafter the representatives shall continue with the
presentation of their case. .
49
ARTICLE XIX (continued)
12. Right to Control Proceedings
While the parties are generally free to present their case in the order that
they prefer, the Chair reserves the right to control the proceedings,
including, but not limited to, altering the order of witnesses, limiting
redundant or irrelevant testimony, or by the direct questioning of witnesses.
13. Hearing Demeanor and Behavior
All parties and their attorneys or representatives shall not, by written
submission or oral presentation, disparage the intelligence, ethics, morals,
integrity or personal behavior of their adversaries or members of the
Commission.
14. Deliberation Upon the Case
The Commission will consider all oral and documentary evidence, the
credibility of witnesses, and other appropriate factors in reaching their
decision. The Commission may deliberate at the close of the hearing in
closed session or at a later fixed date and time not to exceed ten (10)
working days.
15. Recommended Decision
The Human Resources Commission shall render it's recommendations as
soon after the conclusion of the hearing as possible, and no event, later
than ten (10) working days after concluding the hearing, unless otherwise
stipulated to by the parties. The recommended decision shall include an
explanation of the basis for the decision.
The Human Resources Commission shall not be polled as to their decision
by the grievant or the grievants counsel.
16. Recommendation to the City Manager
The decision of the Human Resources Commission is advisory to the City
Manager. The proposed decision shall be provided to the grievant and the
City Manager.
Either the employee or the department may file a written appeal to the
proposed decision, by filing exceptions thereto with the Human Resources
Manager within ten (10) days of receipt of the Commission's recommended
decision.
The party desiring to contest the recommended decision of the
Commission may also request a transcript for review by the City Manager
within ten (10)working days of the Commission's decision. If the appealing
party requests a transcript, that party shall pay the cost of the .transcript.
50
ARTICLE XIX (continued)
17. Final Action by City Manager
Within ten (10) working days of the filing of exceptions, or within ten (10)
days of receipt of the transcript, the City Manager shall review the decision
of the Commission, any exceptions filed, and a record, if one is requested.
The decision of the City Manager shall be final. The decision shall be
transmitted to the employee and to the department head. .
51
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(s), 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 elect 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.
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.
52
ARTICLE XX (continued)
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.
53
ARTICLE XXI
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, 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. 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 September, 2004.
Teamsters Local 911
CITY OF ARCADIA
~
M Iissa Omelas
Business Representative
~ t~tA
William R. Kelly
City Manager
54
2004 BarQaininQ Unit
Teamsters Neqotiatinq Team
Lorie Cornelius, Steward
Patty Harper, Steward
Mark Rynkiewicz, Steward
Mark Ornelas, Steward
Janet Mallen, Steward
Silva Vergel, Steward
Cara Wilhelm, Steward
Melissa Ornelas, Teamsters Business
Representative
City of Arcadia Representatives
Michael A. Casalou, Senior Management Analyst
Janice Cumming, Police Records Manager
Brian Saeki, Management Analyst
Robert Sanderson, Police Captain
William W. Floyd, Jr., Attorney
55