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RESOLUTION NO. 6445
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING A MEMORANDUM OF
UNDERSTANDING ESTABLISHING COMPENSATION AND
RELATED BENEFITS FOR EMPLOYEES REPRESENTED BY
THE ARCADIA PUBLIC WORKS EMPLOYEE ASSOCIATION
("APWEA") 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 Arcadia Public
Works Employee Association ("APWEA") dated effective as of July 1,2004, a copy of
which is attached hereto. The City Manager is hereby authorized and directed to execute
this Memorandum of Understanding on behalf of the City. The salary and benefits for
employees represented by the APWEA 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:
v
G-C
. y Clerk of the City of Arcadia
APPROVED AS TO FORM:
~r.~
City Attorney
6445
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. 6445 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:
AYES: Council Member Chandler, Marshall, Segal, Wuo and Kovacic
NOES: None
ABSENT: None
ity Clerk of the City of Arcadia
2
6445
CITY OF ARCADIA
AND
CALIFORNIA TEAMSTERS
PUBLIC, PROFESSIONAL
AND MEDICAL EMPLOYEES
UNION LOCAL 911
, (PUBLIC WORKS EMPLOYEE UNIT)
City of
Arcadia
MEMORANDUM OF UNDERSTANDING
JULY 1,2004 THROUGH JUNE 30,2005
TABLE OF CONTENTS
Paqe
Preamble 1
Article I Parties and Recognition 2
Appropriate Unit 2
Mutual Recommendation 2
Authorized Agents 2-3
Article II Term 4
Savings Clause 4
Article III Union Rights 5-8
. Agency Shop 5-lg
. RightTo Join 7
. . Use of Bulletin Boards 7
. . Payroll Deduction 7
. Access to Facilities 7-8
. Union Stewards 8
. Reasonable Notice 8
Article IV Management Rights 9
Article V Compensation 10
.. Promotion or Advancement 10
. Special Assignment Pay 10
Article VI Overtime (FLSA) 11
Article VII Stability Pay 12
Article VIII Tuition Reimbursement 13
Article IX Mileage Reimbursement 14
Article X Health, Dental and Life Insurance 15-16
. Retired Health Insurance 16
Article XI Disability Income Insurance 17
Article XII Medical Examinations. 18
Article XIII
Article XIV
Article )N
Article )NI
Article )Nil
Article )NIII
Article XIX
Article XX
Article XXI
TABLE OF CONTENTS
Uniforms
Paqe
19
Leaves .
. Provided For
. Power to Grant Leave
. Temporary Military Leave
. Vacation Leave
. Sick Leave
. Workers' Compensation
. Holidays
. Bereavement Leave
. . Witness Leave
. Unauthorized Absence
20-25
20
20
21
22
23-24
24
24-25
25
25
25
Probationary Period
26
Acting Pay
Lay Offs
. Layoff Procedure
. Reemployment List
. Severance Pay
27
28
28
28
28
Personnel Files
29
Employee Grievances
. Definitions
.. Timeliness.
.. Employee Representation
. Informal Grievance Procedure
. Formal Grievance Procedure
. Appeal to Human Resources Commission
30-37
30-31
31
31
31
31-32
33-37
Labor-Management Committee
38
Full Understanding/Execution of Agreement
39
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 employe~s
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, an exclusively recognized employee organization, hereinafter referred to
as the "Union", pursuant to the provisions of the Meyers-Milias-Brown Act
(Government Code Sections 3500 et.seg.).
Section B. APPROPRIATE UNIT
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 em ail address.
The full-time and permanent part-time classifications covered by this agreement are:
Building Maintenance Crew Chief
Building Maintenance Technician
Equipment Operator
Fleet Maintenance Crew Chief
FleetTechnician I and II
Fleet TechnicianlWelder
Maintenance Crew Chief
Maintenance Worker
Water Maintenance Crew Chief
Water Production Crew Chief
Water Production Technician I and II
Water Quality Backflow Inspector
Water Services Representative Crew Chief
Section C. MUTUAL RECOMMENDATION
This Memorandum of Understanding constitutes a mutual recommendation to the City
Council, City of Arcadia, for determination.
Section D. AUTHORIZED AGENTS
The City's principal authorized agent shall be the City Manager, 240 W. Huntington
Drive, Arcadia, California, 91066-6021, except where a particular City representative is
specifically designated in connection with the performance of a specific function or
obligation set forth herein.
2
The Public Works bargaining unit's authorized representative is the California
Teamsters Public, Professional, and Medical Employees Union Local 911. The duly
authorized staff representatives are Melissa Ornelas, Business Representative and/or
designee 3888 Cherry Avenue,Long Beach, California, 90807.
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 by the City Council, for the period
July 1, 2004 through 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.
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ARTICLE 11/
UNION RIGHTS
Section A.
Aqencv Shop Leqislative Authoritv
The City of Arcadia (City) and the Public Works bargaining unit (Union) mutually understand and
agree that in accordance with State of California law, per adoption of S8 739, and the Agency.
Shop election held on, February 28, 2002, a majority of the full time, 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.
Union Dues/Aqencv 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 Union shall be informed by 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 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 Department 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
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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 Without Pavrremporarv Assiqnment Out of Unit
Employees on an unpaid leave of absence or temporarily assigned out of the unit shall be excused
from paying agency shop fees or charitable contributions.
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
Local 911 shall keep an adequate itemized record of its financial transactions and shall make
available annually, to the City and to unit members, within 60 days after the end of its fiscal year, a
written financial report thereof in the form of a balance sheet certified as to accuracy by its
president and treasurer or corresponding principal officer, or by a certified public accountant.
The City shall provide the Union a list of all unit members and dues paying status with each Union
dues check remitted to the Union.
Rescission of Aqreement
The Agency Shop agreement may be rescinded at any time during the term of the Memorandum
of Understanding by a majority vote of all the employees in the bargaining unit. Arequest 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
6
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.
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.
Section D. PAYROLL DEDUCTION
The City will deduct from the pay of Union members the normal and regular monthly
Union membership dues as authorized in writing by the employee on the City form
subject to the following conditions:
1. Such deduction shall be made only upon submission of the City form to the
designated City representative. Said form shall be duly completed and signed
by the employee. .
2. . The City shall not be obligated to put into effect any new, changed or
discontinued deduction until the pay period commencing fifteen days or longer
after such submission.
Section E. ACCESS TO FACILITIES
All Union business will be conducted by employees and Union representatives outside
of established work hours.
7
ARTICLE III (continued)
. Nothing herein shall be construed to prevent a Union representative or
an employee from contacting the Human Resources Manager or other
management representatives regarding personnel related matters during
work hours.
The authorized Union Business Agent shall be given access to work locations during
working hours provided that prior to visiting any work location the Union representative
shall:
1.' contact the Human Resources Manager or his designate, to state the purpose
of his visit and which location he will be visiting, and
2. the Human Resources Manager or designate determines that such visit shall
not interfere with the operations of the department.
In the event the requested time and/or location of such visit by the Union Business
Agent is denied because it would interfere with the operations of the department, the
Human Resources Manager or his designate shall set an alternative time and/or
location for such visit within 72 hours.
Section F. UNION STEWARDS
Four (4) Shop Stewards shall be selected in such manner as the Union may
determine.
The Union shall notify the employer in writing of the names of the four (4) Stewards
who are authorized to represent employees in the bargaining unit.
Section G. REASONABLE NOTICE
It is mutually understood and agreed that a copy (via the United States Postal Service)
of the City Council and/or Human Resources Commission agenda for each meeting
mailed to two authorized representatives of the Union shall constitute reasonable
written notice of any opportunity to meet with such agencies, on all matters within the
scope of representation upon which the City Councilor Human Resources
Commission may act. The Union shall provide the Human Resources Manager with
the name and addresses of the two authorized representatives within .five days of the
effective date of this agreement.
8
ARTICLE IV MANAGEMENT RIGHTS
Section A. Except as limited by the specific and express terms of this agreement, the City hereby
retains and reseNes 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
Califomia, the Charter of the City of Arcadia and/or the laws and Constitution of the
United States of America.
The management and the direction of the work force of the City is vested exclusively in
the City, and nothing in this agreement is intended to circumscribe or modify the
existing rights of the City to direct the work of its employees; hire, promote. demote,
transfer, assign and retain employees in positions within the City, subject to the
Personnel Rules and Regulations of the City; suspend or discharge employees for
proper cause; maintain the efficiency of govemmental 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 seNices in emergencies; and to determine the
methods, means and personnel by which the operations are to be carried out.
9
ARTICLE V COMPENSA TlON
Section A. The City shall continue to pay 7% of the employee's contribution to the Public
Employees' Retirement System.
The City shall pay 7% of the employees' compensation earnable as Employer Paid'
Member Contributions and report the same percent of compensation earnable as
special compensation.
. 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 2.6% as a cost of living (COLA) adjustment for
all employees. The new salary schedule is attached as Appendix A.
Section B. PROMOTION OR ADVANCEMENT IN RATE OF COMPENSATION
1. When an employee is promoted, the pay shall advance to the lowest step in
such higher range that will provide not less than an approximate 5% increase in
compensation unless the top step in such range provides less than one step
increase. The 5% shall be measured by the range from which the employee is
promoted. .
2. When an employee is promoted to a higher classification, the date of promotion
shall be used in determining the date of future step increases.
Section C. The Parties acknowledge that the percentage between steps within a range is
approximately 2.5%.
Section D. During the term of this agreement, individuals will advance in their rates of
compensation two steps (approximately 5,0%) on their anniversary dates upon
receiving satisfactory evaluations until the top step in the range is reached.
10
ARTICLE VI OVERTIME (FLSA) AND WORK SCHEDULES
Section A. With the approval of the City Manager, and when necessary to perform essential work,
a department administrator may require employees to work at any time other than
during regular working hours until such work is accomplished. An employee required
to be in a work status beyond forty hours (40) in a designated work week, or to work in
excess of the regularly scheduled shift shall be paid at the rate of one and one-half
. times the regular hourly rate. No overtime credit shall be allowed for any period less
than one-half hour. Overtime shall be rounded to the nearest one-half hour,
The Department Administrator, City Manager or Designee, may permit an employee to
take compensatory time in lieu of paid overtime. With Department Administrator
. approval, represented employees shall be permitted to accumulate compensatory time
only to a maximum of one hundred (100) hours. When the maximum level of
compensatory time is reached, overtime shall. be paid. The scheduling of
compensatory time off shall not result in the pyramiding of overtime.
Section B. Employees recalled to work after completing a day's work, including any overtime shall
receive a minimum credit of two (2) hours of overtime.
Section C. When an employee is directed by his/her department administrator or the City
Manager to attend classes or City functions at times other than regularly scheduled
work hours which cause the employee to be in a work status in excess of 40 hours in a
7 day work period, the employee shall be paid at the rate of time and one-half the
employee's regular rate of pay. This does not apply to classes or otherfunctions which
the employee voluntarily attends.
Section D. The City agrees that if it decides to change the current 9-day - 80 hour work schedule,
the City will give the Union two (2) weeks advance notice and will meet and confer with
the Union prior to implementing a new work schedule; provided, however; the City will
nbt be required to meet and confer before implementing a new work schedule in the
case of an emergency affecting City operations.
If in the event the City determines an emergency exists, it may modify an employee's
regular work hours. Reasonable notice will be given by the City to affected employees.
11
ARTICLE VII
STABILITY PAY
.
Section A. This feature of the Pay Plan is intended to .encourage stability of employment by
recognizing years of service with compensation. The plan pays $25 per year for each
year of consecutive service up to a maximum of twenty (20) years of service. An
employee is not eligible to receive stability pay until they have completed five (5) years
of consecutive service. The following is the schedule of how stability pay is calculated.
Completed Years Completed Years
of Service Amount of Service Amount
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.
Stability pay will only be applicable to employees who were hired prior to January 1,
1984.
12
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 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 "cn 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.
13
ARTICLE IX MILEAGE REIMBURSEMENT
Section A, Mileage is reimbursed for travel in an employee's personal vehicle in connection with
City business. Prior approval must be obtained from the immediate supervisor or
department head. If travel is required frequently during a month, reimbursement will be
made once a month. Completed mileage forms shall be submitted to the department
head consistent with the administrative policy.
Any employee authorized to use a personal vehicle must maintain an insurance policy
meeting the standards established by the City Manager.
14
ARTICLE X HEAL TH. DENTAL AND LIFE INSURANCE
Section A. The City will continue to provide Health, Dental and Life Insurance benefits to each full-
time employee in a classification represented by this agreement. Effective July 1,
2003, the City shall pay up to a maximl,Jm of $604.00 per month per employee for
coverage.
If the City's contribution exceeds the cost of employee only coverage, the difference
shall be contributed toward the cost of dependent coverage or to the employee in cash
or a combination of both. The employee has the option of having any amount in
excess of the premium contributed to the employee's account in the City's deferred
compensation plan instead of receiving cash.
If the premium cost of the health plan exceeds the City's contribution, the employee
. shall pay through payroll deduction the difference between the monthly premium and
the amount contributed by the City.
The employee's exercise of the option to use the difference toward dependent health .
coverage or the deferred compensation plan is subject to the conditions controlling
enrollment periods and eligibility established by the respective plans or carriers. .
Section B, Effective 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 $574.80 per month per eligible employee toward an
optional benefits plan. The employee may receive this amount in cash or may
elect to use coverage for him/herself or his/her dependents for City- approved
benefits options, including but not limited to, dental insurance, supplemental life
insurance, optional long term disability insurance or deferred compensation plan,
Any monies received in. cash will be considered as taxable income but are not
considered base salary for purposes of overtime calculation.
The employee's exercise of the option to use the difference toward dependent
. health coverage is subject to the conditions controlling enrollment periods and
eligibility established by the respective plans or carriers.
15
ARTICLE X (continued)
Dependent enrollment will require . proof of eligibility for dependent status such
as marriage, birth and adoption certificate.
The employee .need not enroll in a medical plan to be eligible for optional
benefits allowance provided that the employee annually during open enrollment,
sign a waiver and refusal of coverage.
4. ,The City shall continue to provide each employee with life insurance in the
amount of $7,500.00.
5. The City shall provide each employee with a vision plan, with the City paying
the premium in the fiscal year 2003-2004. 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 B. RETIRED HEALTH INSURANCE
The City agrees to pay the employee-only health insurance premium for eligible
retirees from the classifications represented by this agreement who retire after July 1,
1985, Such payment shall cease by employee's sixty-fifth (65) birthday. If the retired
employee has other group medical coverage available to him/her, then this other group
insurance shall be primary and the City's health insurance plan shall function as
secondary co-insurance.
An eligible retiree is an employee who retirees on a service, disability, or industrial
disability retirement and has 125 days of accumulated sick leave at the date of
retirement. An employee who has fewer than 125 days of accumulated sick leave at
the date of retirement may become eligible for coverage for the employee only health
insurance premium by paying the City an amount equal to his daily pay rate at the time
of retirement times the number of days needed to meet the 125 days of accumulated
sick leave requirement. In addition, the eligible employee must apply prior to
retirement for such coverage through Human Resources. The Union shall. notify
Human Resources in the event of the death of a retired member.
Effective February 1, 1999 retirees will be subject to the terms of the CalPERS Health
Program. In this program the City will pay to CalPERS $1.00 per month for the
retiree's health insurance. This amount increases annually by 5% until it is equal to the
City contribution for active employees of $16.00 per month. The difference between
this contribution and the employee only cost of the insurance selected by the retiree
will be refunded to the retiree by the City on a monthly basis based on a report by
CalPERS of the retiree's continued enrollment. '
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.
16
ARTICLE XI DISABILITY INCOME INSURANCE
. Section A. The City shall provide disability. income insurance up to a maximum total monthly
payment of $12.81 per full-time employee. covered by this agreement during the life of
the agreement. .
17
~
ARTICLE Xli MEDICAL EXAMfNA 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,
18
ARTICLE XIII
UNIFORMS
Section A. The City shall provide each employee with seven (7) sets of uniforms consisting of
shirts and trousers.
Section B. The City shall provide one medium weight uniform jacket for each uniformed
employee.
Section C. Upon termination of employment the employee shall turn in all uniforms issued or shall
have a dollar amount equal to the lost, uniform cost deducted form the employee's final
check.
19
ARTICLE XIV
LEA VES
Section A. In accordance with the current Personnel Rules and Regulations of the City of Arcadia,
all leaves for classifications represented by this agreement shall be provided for as
follows: .
Section B, POWER TO GRANT LEAVE
Upon the written request of an employee stating the reasons therefore, the appointing
power with the approval of the City Manager shall have power to grant leaves of
. absence with or without pay subject to the following restrictions:
1. Length - leave of absence without pay may be granted for a period not to exceed
one year with the exception that military leaves may be granted for the duration
of a war or national emergency or as required by the Military and Veterans' code.
2. Reason - a leave of absence may be granted an employee, provided he 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 retum to his classification before or at the expiration of
his leave of absence. Therefore, a leave of absence shall be granted only to an
employee who intends to return to his classification with the City.
4. Service Record - no request for leave of absence will be considered unless the
employee presenting the request has a satisfactory service record.
5. An employee granted a leave of absence may be required by the appointing
power or the City Manager to successfully pass a medical examination prior to
being allowed to return to work.
6. The granting of a leave of absence of thirty days or less, with or without pay, shall
not constitute an interruption of service within the meaning of this subsection.
The granting of a leave of absence with or without pay of more than thirty days
shall constitute an interruptiqn 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.
20
ARTICLE XIV (continued)
Section C. TEMPORARY MILITARY LEAVE (Paid and Unpaid)
Any employee who is a member of the reseNe corps of the armed forces of
the United States or of the National Guard or the Navy Militia shall be entitled
to a temporary military leave of absence as provided by applicable California. State
Law. .
To be eligible for paid leave for 30 calendar days of active military training, an
employee must have been employed by the City for a period of not less than one year
immediately prior to the day on which the leave of absence begins. If the employee
has not been employed for a period of one year, the leave shall be granted without
pay. Pay shall not exceed 30 calendar days in anyone fiscal year.
An employee on paid military leave shall continue to accrue vacation, sick leave,
seniority and/or holiday in the same manner as the employee would have, had the
employee been in a work status.
To be eligible to receive the leave, an employee must submit a request in writing with a
copy of his/her military orders to his/her immediate supeNisor for processing.
This leave does not apply to employees who are drafted or receive orders to military
duty for periods longer than 180 calendar days. . Employee's right to retum to vacant
positions after an absence that exceed 180 days shall be govemed by the applicable
federal and state law.
21
ARTICLE XIV (continued)
Section D. VACATION LEAVE
1. Every full-time employee represented by this agreement, with the exception of
temporary appointments shall accumulate vacation with pay beginning with the
first full pay period of employment at the rate of 3.07 hours per pay period during
the first five years of continuous full-time employment with the City; at the rate of
4.61 hours per pay period between the employee's fifth and tenth anniversary
date of continuous full-time employment; at the rate of 5.22 hours per pay period
betWeen the employee's tenth and fifteenth anniversary date of continuous full-
time employment, and at the rate of 6.15 hours per pay period after fifteen years
of continuous full-time employment with the City. Accumulated vacation shall be
granted at the discretion of the appointing power.
2. Vacation may not be accumulated beyond the amount accumulable for a sixty-
five (65) pay period basis. Once an employee has accumulated this amount, no
more vacation will be accrued by the employee until the employee's accrual has
been reduc'ed below this maximum amount.
When through work circumstances and needs of the job, an employee has been
unable to utilize vacation time and this has not been a pattern or past practice for
that employee, the City Manager for good cause may approve excess
accumulated vacation, provided the employee reduces the total below the
allowable maximum within six (6) months.
3, An employee who has previously requested and was granted approval of
vacation leave for use during the last three (3) months of the calendar year and is
unable to utilize such leave because of the City's cancellation of leave shall be
allowed to cany over the excess leave time into the next three (3) months of the
new calendar year, if rescheduling of the vacation leave is not possible.
4: Upon termination, vacation used shall be prorated against vacation earned.
Every City employee who leaves the City employ for any reason shall be granted
all accumulated vacation or shall be paid therefore at his rate of compensation
applicable at the time he leaves the City employ. If an employee works more
than 50% of the pay period, the employee shall receive credit for 50% of the pay
period's vacation.
22
ARTICLE X/V (continued)
Section E. SICK LEAVE
1. Every full-time employee represented by this agreement shall be granted sick
leave with full pay. Said sick leave shall be accumulated beginning with the first
full pay period of employment on the basis of 3.693 hours for each pay period of
service completed with the City. Employees may accumulate up to a maximum
of 2,000 hours of sick leave with pay. For the purposes of overtime calculation,
paid sick leave, when accompanied by a doctor's note verifying illness, shall be
regarded as hours worked.
2. City Manager or designee may require a medical examination by a physician or
evidence of the reason for an absence of any employee during absence on
account of illness of such employee.
3. Except as provided hereinafter, sick '.eave means authorized absence from duty
of an employee who is temporarily disabled and unable to work due to a non-
work related medical condition or due to a scheduled medical or dental
appointment during regular working hours for a non-work related medical
condition. Every effort shall be made to schedule appointments during non-
working hours,
a. Employees that are injured on duty, and the injury is recognized as
such by the City or the WCAB, and not eligible to receive salary to
supplement workers' compensation temporary disability benefits under
Section F of this Article, may request that accrued sick leave be paid to
supplement workers' compensation disability payments,
4. Sick leave may be used by an employee when their attendance upon a member
of the employee's family dependent who is seriously ill and requiring the
attendance of such employee. Sick leave may also be used when the
employee's' family dependent requires the employee's presence at the
dependent's medical or dental appointment during regular working hours. Every
effort shall be made to schedule appointments during non-working hours. Family
dependents shall include only dependents currently residing in the employee's
household, or the employee's minor children.
5. The appointing power and City Manager may require evidence of the reason for
any employee's absence caused by illness or death in the immediate family of
the employee during the time for which sick leave is requested.
6. In order to be eligible for sick leave, an employee must provide at least fifteen
(15) minutes advance notice of an absence. Failure to do so without good cause
may result in denial of sick leave and disciplinary action,
23
ARTICLE XIV (continued)
7. In case of absence due to illness, the employee shall notify his department in
accordance with departmental rules and explain the nature of the illness. The
appointing power and City Manager may deny or revoke sick leave if the illness
or injury for which it is taken is caused or substantially aggravated by
compensated outside employment.
Section F. WORKERS' COMPENSATION
In those instances where an employee of the City of Arcadia is injured on duty and the
injury is so recognized by the Workers' Compensation Act by the City of Arcadia or the
Workers' Compensation Appeals Board, such employee may be paid a combination of
salary and Workers' Compensation equal to his regular salary rate for such time as he
is absent from duty because of such injury. Such payment shall be granted only to
employees with three or more full years of continuous service with the City as well as
to those who have completed their initial probation with the City as of June 14, 1999.
The leave shall be for up to a maximum of ten months from and after date of such
injury. Lost time due to an injury on duty shall not be charged against an employee's
accumulated sick leave.
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
Washington's Birthday - The third Monday in February
Memorial Day - The last Monday in May
Independence Day - July 4
Labor Day - The first Monday in September
Admission Day - September 9
Veteran's Day - November 11
Thanksgiving Day - The fourth Thursday in November
The Friday following the fourth Thursday in November
Christmas Eve - December 24 .:.. 4 hours
Christmas Day - December 25
New Years Eve - December 31 - 4 hours
Every day appointed by the City Council for a public fast,
thanksgiving or holiday.. .
For full-time employees assigned to an altemate 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
24
ARTICLE XIV (continued)
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. .
2. In lieu of a citywide holiday to celebrate Dr. Martin Luther King's birthday, unit
members shall receive eight (8) hours of floating holiday to be scheduled by the
employee in the same manner as vacation days are scheduled.' Floating
holidays do not carry over from calendar year to calendar year. Failure to timely
schedule the day off shall result in its loss.
If the City adopts Dr. Martin Luther King's birthday as a citywide holiday, this
floating holiday shall cease and the unit members shall receive the citywide
holiday.
If a holiday falls on a Friday that City operations are closed, under the 9/80 work
schedule, each employee' will receive eight (8) hours of floating holiday time.
Floating holiday time is not accruable and not payable if unused. The floating
holiday must be used by the end of the fiscal year in which it is granted or it shall
be forfeited.
Each employee in a classification represented by this MOU shall be allowed
eight (8) hours floating holiday for his or her birthday to be scheduled by the
employee in the same manner as vacation days are scheduled. Floating
holidays do not carry over from calendar year to calendar year. Failure to
schedule the day off within the calendar year shall result in its loss.
Section H. WITNESS LEAVE
An employee who is subpoenaed or required to appear in Court as a witness shall be
deemed to be on a leave of absence. With approval of the appointing power and Qity
Manager, the employee may be granted leave with pay during the required absence.
The employee shall remit to the City fees received except mileage.
A paid leave of absence shall not be granted for time spent in Court on personal
cases.
Section 1. BEREAVEMENT LEAVE
At the time of death, or where death appears imminent in the immediate family, an
employee may be granted a leave of absence with pay, upon approval of the
appointing power and the City Manager. Immediate family is defined as the spouse,
the employee or employee's spouse's mother or stepmother, father or stepfather,
brother or sister or step sibling, child or stepchild, grandparents, grandchildren, or any
relative of the employee or employee's spouse residing in the same household. Such
leave shall be granted based on employee's current work shift up to a maximum of
three (3) shifts.
Section J, UNAUTHORIZED ABSENCE
Unauthorized leaves of absence are cause for immediate dismissal.
25
ARTICLE XV
PROBA TIONARV PERIOD
Section A. The probationary period is part of the examination process~ It is a work-test period
during which the employee's performance and conduct on the job are evaluated to
determine whether or not the employee is fully qualified for permanent appointment.
During the probationary period, a probationer may be released, or demoted if
permanent status is held. in a lower classification, without the right of appeal, if the
appointing power deems the probationer unfit or unsatisfactory for service.
When a provisional appointment is made to a probationary position and subsequently
the appointee is appointed to the position as a probationary employee, with no time
interval between the provisional and probationary appointment, the "employment date"
as herein defined, shall be the date first appointed on a provisional basis.
Section B. All eligible candidates appointed to a position from an open competitive examination
and who are not currently employed in a permanent position shall be on probation for
twelve months before attaining permanent status.
Section C. Eligible candidates appointed from a promotional list shall be on probation for six
months before attaining permanent status.
26
ARTICLE XVI
ACTING PA Y
Section A. Any employee in the unit who is required, in writing, to work three (3) working days or
longer in a higher classification which is vacant due to sick leave, injury leave, vacation,
termination or move up due to acting pay shall receive the following acting. pay
retroactive to the first day of the assignment:
1. five (5) percent above their current rate of payor A step of the higher
classification; or
2. an employee in the classification of Maintenance Worker assigned to an acting
position of Crew Chief in the following: Building Maintenance, Fleet
Maintenance, Maintenance, Water Maintenance, Water Production, and/or
Water Services Representative shall receive ten (10) percent above their current
rate of pay; or
3, should such percentage exceed the top step of the range for the higher
classification, the employee shall receive compensation at the top step of the
higher classification.
Section B. Nothing contained herein shall apply to an employee who is being trained by the City to
qualify for a higher classification.
27
ARTICLE XVII
LA YOFFS
Section A. LAYOFF PROCEDURE
The City Manager or appointing power may layoff an employee in the Classified
Service because of a material change in duties or organization, inclement weather,
adverse working conditions, shortage of work or funds or return of employees from
authorized leave of absence.
The order of layoff shall be temporary, probationary, and then regular employees and
shall be (1) based on performance and (2) in the reverse of total cumulative time
served in the same class or promotional field upon the date established for the layoff to
become effective.
Regular full-time employees who. receive notice of layoff may, in lieu of layoff,
voluntarily demote to the next lower classification that the employee previously held
within the unit, provided such employee's seniority in the department is greater than an
employee holding the lower position.
Section B. RE-EMPLOYMENT LIST
The names of employees shall be placed upon re-employment lists in the reverse
order of the layoff. Re-employment lists shall remain effective for two (2) years from
the effective date of separation from service.
Section C. SEVERANCE PAY
A full-time employee whose position is abolished or vacated by a reduction in work
load or lack of funds, and has at least one (1) year of consecutive full time service with
the City shall receive, upon termination, severance pay. Severance pay shall be a
lump sum payment equal to 1/5th of their previous months' salary times the number of
years of consecutive service, not exceeding five (5) years of service.
28
ARTICLE XVIII
PERSONNEL FILES
Section A. The City shall maintain a central personnel file for each' employee. Supervisors may
maintain working personnel files.
If a supervisor maintains a working personnel file, copies of written material which is to
be used as a basis for employee discipline shall be sent to the central personnel file
and given to the employee. .
Copies of perfonnance evaluations and/or disciplinary actions shall not be entered in
the file, until the employee is given a copy and an opportunity to review and comment
thereon. The employee shall be given an opportunity during working hours to initial,
date, and file a written response to the material. The written response shall be
attached to the material.
An employee or their design.ated representative (in writing) shall have the right to
examine and/or obtain copies of any material from the employee's personnel file.
Such copies shall be provided at the employee's cost.
Section B. Discipline older than three (3) years will not be considered in promotional recruitments.
29
ARTICLE XIX
EMPLOYEE GRIEVANCES
SectionA.
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 CitylDepartment 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,
30
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.
b, The specific act or omission which gave rise to the alleged violation,
31
. .
c. The date or dates on which the violation occurred.
d. Documents, witnesses or evidence in support of the grievance.
e. The resolution of the. grievance at the informal stage.
A copy of the grievance shall be provided to the Human Resources Division of
, the Administrative Services Department concurrently with presentation to the
immediate supervisor. .
The next level supervisor shall render a decision in writing, on the grievance
form, within ten (10) working days after receiving the grievance.
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 inimediate 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 an'd the immediate
supervisor to attend a grievance meeting. The Human Resources Manager shall'
communicate a decision in writing within ten (10) working days of receiving the
grievance or the holding of a grievance meeting whichever is longer.
4. Human Resources Commission
If the employee is not in agreement with the decision of the Human Resources
Manager or if the Human Resources Manager has failed to respond. the employee
shall present the grievance to the Human Resources Commission within ten (10)
working days from the date of receipt of the Human Resources Manager's decision
or twenty (20) days from the date the Human Resources Manager received the
grievance but failed to issue a decision.
32
ARTICLE XIX (Continued)
Section F. APPEAL TO HUMAN RESOURCES COMMISSION
1. Scheduling of Hearing
Upon receipt of the request for an appeal, the City shall, within thirty (30)
days, transmit the appeal to the Human Resources Commission. The'
Commission shall schedule a hearing. The appeal hearing shall be set not
less than twenty (20) working days nor more than sixty (60) working days from
the date of the filing of the appeal. All interested parties shall be notified in
writing of the date, time, and place of the hearing at least ten (10) working
days prior to the hearing.
2, Public Hearings
All hearings shall be open to the public.
3. Pre-Hearing Procedure
a. Subpoenas
'The Human Resources Commission is authorized to issue subpoenas
at the request of either party prior to the commencement of the hearing.
After the commencement of the hearing, subpoenas shall be issued by
the Commission only for good cause. Each party will prepare their own
subpoenas and present them to the Human Resources Division of the
Administrative Services Department and the other party, The Human
Resources Division of the Administrative Services Department will
issue the subpoenas. The Human Resources Division of the
Administrative Services Department will serve subpoenas for current
City employees. It will be the responsibility of the employee or the City
to serve subpoenas on individuals who are not currently employed by
the City. It will be the responsibility of the employee and the City to
submit the written request for subpoenas at least ten (10) working days
before the date of the hearing.
b. Exhibits and Witness Lists
Five (5) working days prior to the date set for the hearing, each party
shall serve upon the other party and submit to the Human Resources
Division of the Administrative Services Department a list of all
witnesses and a list and copy of all exhibits. An original and nine (9)
copies of the exhibits shall be presented to the Human Resources
Division of the Administrative Services Department in 3 hole notebooks
which are tabbed down the side with the exhibit numbers. The
employer's exhibits shall be designated by number. 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
33
ARTICLE XIX (continued)
this section nor use any exhibit not provided pursuant to this section
unless that party can show that they could not reasonably have
anticipated the prior need for such witness or such exhibit.
c. Statement of Issues
Five (5) working days prior to the date set for the hearing, each party
shall submit to the Human Resources Division of the Administrative
Services Department a Statement of Issues.
4. Submission to the Human Resources Commission
Five (5) working days prior to the date set for the hearing, the Human
Resources Division of the Administrative Services Department shall present
each member of the Human Resources Commission with a copy of the
jurisdictional documents. Those documents include the grievance documents
at each level and the responses to the grievance.
5. Payment of Employee Witnesses
Employees of the City who are subpoenaed to testify during working hours will.
be released with pay to appear at the hearing. The Commission may direct
that these employees remain on call until called to testify. Employees who are
subpoenaed to testify during non-working hours will be compensated for the
time they actually testify, unless the City agrees to a different arrangement.
6. Conduct of the Hearing
a. The hearing need not be conducted in accordance with technical rules
relating to evidence and witnesses but hearings shall be conducted in a
manner most conducive to determination of the truth.
. b. Any relevant evidence may be admitted if it is the type of evidence on
which responsible persons are accustomed to rely in the conduct of
serious affairs, regardless of the existence of any common law or
statutory rules which might make improper the admission of such
evidence over objection in civil actions.
c. Hearsay evidence may be used for the purpose of supplementing or
explaining any direct evidence that shall not be sufficient in itself to
support a finding unless it would be admissible over objection in civil
actions.
d. The rules dealing with privileges shall be effective to the same extent
that they are now or hereafter may be recognized in civil actions.
34
ARTICLE XIX (Continued)
e. Irrelevant and uhdu/y 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 b(3 made in writing and submitted prior to the hearing to all
parties. Before requesting a continuance, the moving party shall contact all
parties to determine if there is any opposition to the continuance and shall
state in its request if there is opposition.
9. Testimony under Oath
All witnesses shall be sworn in for the record prior to offering testimony at the
hearing. The chairperson will request the witnesses to raise their right hand
and respond to the following:
"Do you swear that the testimony you are about t6 give at this hearing is the
truth, the whole truth and nothing but the truth?"
10. Presentation ofthe 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.
35
ARTICLE XIX (Continued)
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 Resources Commission. . Objections may be ruled upon summarily or
argument may be permitted. The Chair reserves the right to terminate
argument at any time and issue a ruling regarding an objection or any other
matter, and thereafter the representatives shall continue with the presentation
of their case.
12. Right to Control Proceedings
While the parties are generally free to present their case in the order that they
. prefer, the Chair reserves the right to control the proceedings, including, but
not limited to, altering the order of witnesses, limiting redundant or irrelevant
testimony, or by the direct questioning of witnesses.
13. Hearing Demeanor and Behavior
All parties and their attorneys or representatives shall not, by written
submission or oral presentation, disparage the intelligence, ethics, morals,
integrity or personal behavior of their adversaries or members of the
Commission.
36
ARTICLE XIX (Continued)
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 decii)ion, by filing exceptions thereto with the Human Resources
Manager within ten (10) days of receipt of the Commission's recommended
decision.
The party desiring to contest the recommended decision of the Commission
may also request a transcript for review by the City Manager within ten (10)
working days of the Commission's decision. If the appealing party requests a
transcript, that party shall pay the cost of the transcript. .
17. Final Action by City Manager
Within ten (10) working days of the filing of exceptions, or within ten (10) days
of receipt of the transcript, the City Manager shall review the decision of the
Commission, any exceptions filed, and a record; if one is requested. The
decision of the City Manager shall be final. The decision shall be transmitted
to the employee and to the department head.
37
ARTICLE XX LABOR-MANAGEMENTCOMM/TTEE
. Section A. The City and the Union hereby agree to the establishment of an ad hoc committee to
discuss employer-employee relation matters.
Each side may designate up to two (2) Public Works Services Department
representatives to serve on the committee. For purpose of coordination only, the
Human Resources Manager shall be chairman of the committee. The committee shall
meet quarterly as necessary, at a mutually agreed upon time and place. The party
requesting the meeting shall submit an agenda of topics to be discussed no less than
five (5) days prior to the scheduled meeting date.
38
ARTICLE XXI
FULL UNDERSTANDING
Section A. This Memorandum of Understanding contains all the covenants, stipulations and
provisions agreed upon by the parties and any other prior existing understanding or
agreements by the parties. whether formal or informal, regarding any such matters are
hereby superseded orterminated in their .entirety.
It is the intent of the parties that this agreement be administered in its entirety in good
faith during its full .term. The Union recognizes that during such term it may be
necessary for Management to make changes in rules or procedures affecting the
employees in the unit and that the City will meet and confer as required by law, before
implementing changes.
For the life of this agreement it is agreed and understood that the Union hereto
voluntarily and unqualifiedly waives its rights and agrees that the City shall not be
required to meet and confer with respect to any subject or matter whether referred to or
covered in this agreement or not during the term of this agreement. However, the
specific provisions of this contract may not be reopened during the term of this contract
without the consent of the City and the Union. .
Section B. The parties hereto have caused this Memorandum of Understanding to be executed
this day of September, 2004.
CITY OF ARCADIA
I :(.
Melissa Ornelas
Business Representative .
~ ~tff)l(
William R. Kelly
City Manager
39
TEAMSTERS - PUBLIC WORKS UNIT
Jon Shoemaker, Team Member
'Craig Clark, Team Member
Anthony Pulido, Team Member
Kevin Tobin, Team Member
Melissa Ornelas, Representative
NEGOTIATION TEAMS
CITY OF ARCADIA
Michael A. Casalou, Senior Management Analyst
Heather McDowell, Management Analyst
Tom Tait, Field Services Manager
William W. Floyd, Jr., Attorney
40
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