The URL can be used to link to this page

Home My WebLink About6374 RESOLUTION NO. 6374 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 911 FOR JULY 1,2003 THROUGH JUNE , 30,2004 THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approves that certain Memorandum of . Understanding ("MOD") 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, 2003, 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 15th day of July ,2003. A TIEST: A APPROVED AS TO FORM: , ~P.(~ City Attorney 6374 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6374 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 15th day of July 2003 and that said Resolution was adopted by the following vote, to wit: AYES: Council Members Chang, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None 2 6374 CITY OF ARCADIA AND CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND'MEDICAL EMPLOYEES UNION.LOCAL 911 (CONFIDENTIAUSUPERVISORY/PROFESSIONAL UNIT AND GENERAL EMPLOYEE UNIT) , MEMORANDUM OF UNDERSTANDING JULY 1, 2003 THROUGH JUNE 30, 2004 TABLE OF CONTENTS Paae. Preamble 1 Article I Parties and Recognition 2 Appropriate Unit 2 Mutual Recommendation and Implementation 3 Authorized Agents 3 Article II Tenn 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 Hqurs 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 Unifonns 25-26 TABLE OF CONTENTS Pace 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. Infonnal Grievance Procedure 44 E. Fonnal 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 Agreement 54 PREAMBLE It is the purpose of the Memorandum of Understanding to promote and provide for hannonious 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 tenns 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 tenn. 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 fonnally recognized exclusive employee organization, hereinafter referred to as the "Union", pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code Sections 3500 et.seg.). Section B. APPROPRIATE UNIT The classifications covered by this agreement are: Confidentiai/Suoervisorv/Professional Unit Accounting Specialist Administrative Assistant - H.R. Assistant Engineer Assistant Planner Associate Civil Engineer Associate Planner Deputy City Clerk Deputy Fire Marshal Executive Assistant Human Resources Technician General Emolovee 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 Service Officer Communications & Marketing Specialist I & II Computer Support Specialist Custodian Dispatcher I & II Engineering Assistant Evidence Technician Fire Administrative Specialist Fire Inspector Historical Museum Education Coordinator Historical Museum Curator 2 Legal Coordinator Librarian Principal Librarian Redevelopment Project Analyst . Revenue Collection Specialist Senior Library Technician Senior Police Records Technician Senior Combination Inspector Senior Planner ' Video Technician/Office Assistant Info and Referral Coordinator Infonnation Systems Specialist Library Technician I & II Logistical Services Officer Office Assistant Police Communications & Infonnation Systems Specialist Police Records Technician I & II Public Works Inspector Public Works Techni,cian 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 Unit. It is agreed that this memorandum shall not be binding upon the parties either in whole or in part unless and until the City Council fonnally acts, by majority vote, to approve and adopt said Memorandum. Section D. AUTHORIZED AGENTS The City's principal authorized agent shall be the City Manager, 240 W. Huntington Drive, Arcadia, California, 91066-6021, except where a particular City representati~e is specifically designated in connection with the perfonnance of a specific function or obligation set forth herein. . The Confidential/Supervisory/Professional and General Employee's authorized representative is the Califomia Teamsters Public, Professional, and Medical Employees Union Local 911. The duly authorized staff representatives are Melissa Omelas , or designee 3202 E. Willow Street, Signal Hill, Califomia, 90755. 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" Section A. TERM The parties have met and conferred in good faith regarding wages, hours and other tenns 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, 2003 and ending June 30, 2004. Section B. SAVINGS CLAUSE If any provision or the application of any provision of this agreement as implemented should be 'rendered or declared invalid by any final court action or decree or by reasons of' any preemptive legislation, the remaining Sections of this agreement shall remain in full force and effect for the duration of said agreement. In the event any section of this Memorandum is declared invalid, the City agrees to meet and. confer with Union, upon request, regarding the impact or implementation of the court order or decree or legislation. Section C. NO STRIKE CLAUSE . , 1. It is agreed and understood that there will be no concerted strike, sympathy strike, work stoppage, slow-down, obstructive picketing, or concerted refusal or failure to fully and faithfully perfonn 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 tenn 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 affinnative 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, resolu'tions and/or ordinances, from any employee and/or the Union. No such actions shall be '4 ARTICLE" (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 SecoonA. AGENCY SHOP AGREEMENT Leqislative Authoritv 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 confonnity with California Government Code Section 3502.5 and applicable law. 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 detennined 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 lJnit 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 fonn, mutually developed between the City and the Union that outlines the employee's choices under the Agency Shop agreement. The employee 6 ARTICLE III (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 Department Head and the Union. Failure to Pav Dues/Fees All unit employees who choose not to become members of Local 911 shall be. required to pay to Local 911 a r13presentation 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 tenns thirty (30) days after attaining unit status. Leave Without PayfTemporarv Assianment 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. Reliaious Exemption Any employee who is a member of a religious body whose traditional tenets or teachings . includE.l obje~ions 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 bocal 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 "'(continued} year, a written financial report thereof in the fonn 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 Uniori a list of all unit members and dues paying status with each union dues check remitted to the Union. Rescission of Aareement The Agency Shop agreement may be rescinded at any time during the tenn 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 Califomia 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. Memorandum of Understandina (MOU) This side letter is a part of the MOU in effect and its content shall be incorporated into the next, updated version of the "feamster 911 Memorandum of Understanding with the City of Arcadia. , Section B. RIGHT TO JOIN The City and the Union recognize the right of the employees to fonn, join and participate in lawful activities of employee organizations and the equal altemative 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 beC()me 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 employe~ 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 infonnation 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 nonnal 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 fonn to the designated City representative. Said fonn shall be duly completed and signed by the employee. 2. The, City shall not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing fIfteen days or longer after such submission. Every effort will be made to remit dues to the Union within two weeks of receipt. The union agrees to indemnify and hold the City hannless against any and all suits, claims, derhands 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 regarding personnel 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 detennines 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 altemative 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, number of people expected, general reason for the meeting, and an acknowledgment that no food or beverages will be consumed in City facilities. , Approval will be granted in the same manner as it is granted to other organizations. Section F. UNION STEWARDS 1. ' Three (3) stewards who are authorized to represent the ConfidentiaVSupervisory/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 detennine. The Union shall notify the employer in writing of the names of the seven (7) stewards. 2. The 'three (3) stewards who are authorized to represent the Confidential/Supervisory/Professional employees and the four (4) stewards who are authorized to represent the General employee bargaining ,unit shall be pennitted 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 rE'jlated to negotiations: In addition, a steward shall be provided release time during his/her regular work hours for the purposes of: 10 ARTICLE 11/ (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 frfteen' (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 nonnal 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 tenns and conditions of employment within the scope of negotiations. Upon written notice from the Union outlining the area(s) of concern, together with the Union's proposal, the City will meet and confer on those matters that are within the scope of negotiations. In addition, the City shall mail to the Union and the chief shop steward a copy of the agendas for each City Council and/or Human Resources Commission meeting. Section 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 tenns of this agreement, the City hereby retains and reserves unto itself all rights, powers, authority, duty and responsibilities confirmed on and vested in it by the laws and the Constitution of the State of California, the Charter of the City of Arcadia and/or the laws and Constitution of the United States of America. The management and the direction of the work force of the City is vested exclusively in the City, and nothing in this agreement is intended to circumscribe or modify the existing rights of the City to direct the work of its employees; hire, promote, demote, transfer, assign and retain employees in positions within the City, subject to the Personnel ,Rules and Regulations of the City; suspend or discharge employees for proper cause; maintain the effiCiency of 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 services in emergencies; and to detennine 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 TION Section A. The City shall continue to pay 7% of the employee's contribution to the Public Employee's Retirement System. The City shall 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. The new salary schedule is attached as ~~~~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 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 detennining 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 perfonnance 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: AI( 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 perfonnance does not merit such an advancement. During the tenn of this agreement individuals will advance in their rates of compensation two steps (approximately 5.0%) on their anniversary date upon receiving a satisfactory perfonnance evaluation. 14 ARTICLE VI HOURS Section A. OVERTIME With the approval of the City Manager, and when necessary to perfonn 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 ho'urly 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 allowl3d 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 pennit an employee to take compensatory time in lieu of paid overtime. With Department Administrator approval, represented employees shall be pennitted to accumulate compensatory time only to a maximum of sixty (60) hours. When the maximum level of compensatory time is reached, overtime shall be paid. The scheduling of compensatory time off shall not result in the pyramiding of overtime. An employee who has accrued compensatory time and requested use of accrued compensatory time, shall be pennitted 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 nonnal 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 altemate 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 employees perfonnance 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'~ position as detennined by the City Manager. Only courses, specialized training, or degree programs "job-related" to pennanent 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 tenninate 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 fonns 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. 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 coverage, the difference shall be contributed toward the cost of dependent coverage or to the employee in cash or a combination of both. The employee has the option of having any amount in excess of the premium contributed to the employee's, account in the City's deferred compensation plan instead of receiving cash. The City shall pay up to a maximum of $297.50 per month per pennanent part-time employee for coverage. For pennanent 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 Benefrts 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 tenn 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 m'arriage, 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 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 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 plan to be eligible for optional benefits allowance provided that the employee annually during open enroilment, 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 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 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. disabilitv. or industrial disabilitv 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 en employee who works at least 30 hours per week, during the life of the agreement. 23 'j ARTICLE XII MEDICAL EXAMINA TIONS Section A. All medical examinations required by the City shall be paid for by the City in accordance with the City of Arcadia Personnel Rules and Regulations. Section B. An employee at any time may be required by the appointing power to take a medical examination, paid for by the City, to detennine frtness for duty. 24 ARTICLE XIII UNIFORMS Section A. Upon hire, the City shall provide the following employees with seven (7) sets of unifonns 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 unifonn jacket. . Community Service Officer . Dispatcher I . Dispatcher II . Evidence Technician . Fire Inspector . Fire Administration Specialist . Police Records Technician 1/11 . Senior Police Records Technician . , Office Assistant (assigned to the Fire & Police Department) Unifonns shall be replaced on an as needed basis, pursuant to department procedures. In addition to the above unifonns, the City shall provide polo shirts for the following employees: . Communications Specialist (4) . Police Records Technician 111I (2) . Dispatcher 111I (2) . All other employees represented by this MOU shall receive one (1) Polo shirts are provided yearly. Section B. Upon tennination' of employment the employee shall turn in all unifonns issued or shall have a dollar amount equal to the lost uniform cost deducted from the employee's final check. 25 ARTICLE XIII (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 Service 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 sho~s 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 retum to his classification before or at the expiration of his/her leave of absence. Therefore, a leave of absence shall ' be granted only to an employee who intends to return to his/her classification with the City. 4. Service Record - no request for leave of absence will be considered unless the employee presenting the request has a satisfactory service record. 5. An employee granted a leave of absence may be required by the appointing power or the City Manager to sl!ccessfully pass a medical examination prior to being allowed to retum 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 Califomia Family Rights Act ("CFRA"), the City of Arcadia will provide family and medical leave for eligible employees, as defined. a. Definitions "12-Month Period" - means 12-month period measured backward from the date leave is taken and continuous with each additional leave day taken. "Child" - means a child under the age of 18 years of age, or 18 years of age or older' who is incapable of self-care because of a mental or physical disability. An employee's child is one for whom the employee has actual day- to-day responsibility for care and includes, a biological, adopted, foster child, step-child, or child of whom the emplovee is the leoal ouardian. "Serious health condition" - means an illness, injury impainnent, 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-tenn 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. "Continuino 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 pennitted for the following reasons: 1. The birth of a child or to care for a newborn of an employee; 2. The placement of a child with an employee in connection with the adoption or foster care of a child; 3. Leave to care for a child, parent or a spouse who has a serious health condition; or ' 4. Leave because of a serious health condition that makes the employee unable to perform the functions of his/her position. c. An employee is eligible for leave if the employee: 1. Has been employed for at least 12 months; and 2. Has been employed for at least 1,250 hours during the 12-month period immediately'preceding the commencement ofthe 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 Govemment Code Section 12945.2. An employee's entitlement to leave for the birth or placement of a child for adoption or foster care expires 12 months after the birth or placement. e. Emolovee 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. Emp!oyees 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 serious health condition must provide written certification from the health care provider of the individual requiring care. If the leave is requested because of the employee's own serious health condition, the certification must include a statement that the employee is unable to perform the essential functions of his/her position. If the City of Arcadia has reason to doubt the validity of a certification, the City may require another medical opinion at City expense. When the second opinion differs from the first, the City may require the opinion of a third ' provider jointly approved by the City and the employee, at the City's expense. The opinion of the third provider will be binding. If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is medically necessary. "Medically necessary" means there must be a medical need for the leave and that the leave can best be accOmplished through an intennittent 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 infonn his/her supervisor as soon as possible that such leave will be needed. If the City of Arcadia detennines that an employee's notice is inadequate or the employee knew about the requested leave in advance of the request, the City of Arcadia may delay the granting of the leave until it can, in its discretion, adequately cover the position with a substitute. 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 anned 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 Califomia State law. To be eligible for paid leave for 30 calendar days of active military training, an employee must have been employed by the City for a period of not less than one year immediately prior to the day on which the leave of absence begins. If the employee has not been employed for a period of one year, the leave shall be granted without pay. Pay shall not exceed 30 calendar days in anyone fiscal year. An employee on paid military leave shall continue to accrue vacation, sick leave, seniority and/or holiday in the same manner as the employee would have, had the employee been in a work status. To be eligible to receive the leave, an employee must submit a request in writing with a copy of his/her military orders to his/her immediate supervisor for processing. 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 govemed 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 tennination, 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 service officer work sections, excluding supervisory and management employees, shall be detennined 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 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 ofthree (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 holiday to celebrate Dr. Martin Luther King's birthday, full- time employees shall receive one floating holiday to be scheduled by the employee in the same manner as vacation leave. In lieu of a citywide holiday to celebrate Admissions Day, full-time employees shall receive one floating holiday to be scheduled by the employee in the same manner as vacation leave. Floating holidays do not 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 cal,endar 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. Full-time employees assigned to an alternate work week may use accrued vacation time, accrued comp time, floating holiday time or unpaid leave to make up the difference between the provided eight hours of holiday pay and the actual number of regularly scheduled working hours for a designated holiday. For example, if a holiday falls on a day an employee is scheduled to work nine (9) hours, the employee shall receive eight (8) hours of holiday pay and be pennitted 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 occurs. 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 Section I. 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 day~ off. When released from any day of service more than two (2) hours prior to the end of the nonnal work schedule, an employee shall report as soon as practical to full duty. 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 (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 retums to work, industrial accident leave is exhausted, or it is medically detennined that there is a pennanent 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 detennination 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 PROBATIONARYPEmOD Section A. The probationary period is part of the examination process. It is a work-test period during which the employee's perfonnance and conduct on the job are evaluated to detennine whether or not the employee is fully -qualified for pennanent appointment. During the probationary period, a probationer may be released, or demoted if pennanent 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 pennanent position shall ,be on probation for twelve (12) months before attaining pennanent status. For the classifications of Dispatcher I, Dispatcher II, Community Service Officer, and Police Records Technician 111I 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 penn anent 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 pennanent status. A Dispatcher I who has successfully completed probation and is appointed from a promotional list to Dispatcher II shall be on probation for six (6) months before attaining permanent status. Section C. Eligible candidates appointed from a promotional list shall be on probation for six months before attaining pennanent status. Section D. Probationary period may be extended for a one six (6) month period with the approval of'the Human Resources Manager. Section E. A probationary employee who is holding a promotional position shall have the right to demotion to the classification in which he/she holds a permanent appointment, unless he/she was discharged for cause from City employment. 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, tennination or move up due to acting pay shall receive the following acting pay retroactive to the first day of the assignment: 1. five' (5) percent above their current rate of pay or A step of the higher classification, whichever is higher; or 2. sho!Jld such percentage exceed the top step of the range for the higher classification, the employee shall receive compensation at the top step of the higher classification. Nothing contained herein shall apply to an employee who is being trained by the , City to qualify for a higher classification. Section B. CALL-BACK PAY If a unit member is required while off duty to report back to work on a call-out, he/she shall receive a minimum of two (2) hours pay at straight time or the hours actually worked at the appropriate rate of compensation, whichever is greater. Call back pay shall commence upon the arrival of the employee at the work site. Section C. BILINGUAL PAY A maximum of five (5) employees, in the Classifications of Police Clerk and Community Service Officer in the Police Department may be certified as bilingual by the City. Once certified, the employee shall receive a bilingual pay stipend of $30 per month. Any employee who is not certified as bilingual by the City shpll 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 perfonn 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 perfonnance (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, pennanent. 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. Pennanent full-time employees who receive notice of layoff may, in lieu of layoff, voluntarily demote to the next lower classification that the employee previously held within the unit, provided such employee's seniority in the department is greater, than the most junior employee holding the lower position. Pennanent part-time employees may in lieu of layoff voluntarily demote to the next lower part-time classification that the employee previously held within the unit, provided such employee's seniority in the department is greater than the most junior employee holding the lower position. Employees in classifications which are found in more than one Department may in lieu of layoff voluntarily transfer to another City department in the same classification, or lower classification, provided there is a funded vacant position or provided the employee's seniority is greater than the most junior employee holding the position. An employee who transfers across departmental lines shall serve a six month probationary period. If the employee fails the probationary period the employee shall then be placed on the re-employment list, and the employee who was laid off shall be reinstated. Section B. RE-EMPLOYMENT LIST The names of employees shall be placed upon re-employment lists in the reverse order of th,e 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 Emolovee - PenTIanent full-time and penTIanent part-time worker of the City of Arcadia who has been employed by the City for twelve consecutive months. Lavoff - PenTIanent separation from employment with the City as a result of a work reduction. PerfonTIance - 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 perfonTIance evaluation rating in anyone of the last three years is below proficient. In such case, the layoff shall be based upon perfonTIance. Work Reduction - A decrease in the level of service or amount of product output by the City. 41 ARTICLE XVIII PERSONNEL FILES Section A. The City shall maintain a central personnel file for each employee in the Human Resources',Office. ' Supervisors may maintain working personnel files. If a supervisor maintains a working personnel file, copies of written material which is to be used: as a basis for employee discipline shall be sent to the central personnel file and given to the employee. Copies of perfonTIance 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 CitylDepartment Personnel Rules and Regulations. b. The procedure is not intended to be used to challenge the content of employee evaluations or perfonTIance 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. 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 infonTIal 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 resolution of the grievance at the infonTIal 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 fOnTI, 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 , sup~rvisor'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 fOnTI, 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 dep'artment 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 fOnTI. 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 to issue a decision. Section F. APPEAL TO HUMAN RESOURCES COMMISSION 1. Scheduling of Hearing Upon receipt of the request for an appeal, the City shall, within thirty (30) days, transmit the appeal to the Human Resources Commission. The Commission shall schedule a hearing. The appeal hearing shall be set not less than twenty (20) working days nor more than sixty (60) working days from the date of the filing of the appeal. All interested parties shall be notified in, writing of the date, time, and place of the hearing at least ten (10) working days prior to the hearing. , 2., Public Hearings All hearings shall be open to the public. 3. Pre-Hearing Procedure a. ' Subpoenas The Human Resources Commission is authorized to issue subpoenas at the request of either party prior to the commencement of the hearing. After the commencement of the hearing, subpoenas shall be issued by the Commission only for good cause. Each party will prepare their own subpoenas and present them to the Human Resources Division of the Administrative Services Department and the other party. The Human Resources Division of the Administrative Services Department will issue the subpoenas. The Human Resources Division of the Administrative Services Department will serve subpoenas for current City employees. It will be the responsibility of the employee or the City to serve subpoenas on individuals who are not currently employed by the City. It will be the responsibility of the employee and the City to submit the written request for subpoenas at least ten (10) working days before the date of the hearing. ' 46 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 o~ 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 doclJments 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 infonTIality in the proceedings. g. During examination of a witness, all other witnesses, exce'pt 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 continua'nce, 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 Resources Commission. Objections may be ruled upon summarily or argument may be permitted. The Chair reserves the right to terrriinate 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 i,ntelligence, 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 penTIanent 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 penTIanent 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 penTIanent 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 maybe submitted by each party. Witnesses shall be swom 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 fOnTIal or infonTIal, regarding any such matters are hereby superseded or tenTIinated in their entirety. It is the intent of the parties that this agreement be administered in its entirety in good faith, during its full tenTI. The Union recognizes that during such tenTI 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 tenTI 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 15th day of July, 2003. Teamsters Local 911 CITY OF ARCADIA Melis a Ornelas Business Representative ,~ if.ltf~ William R. Kelly City Manager 54 2003 BarQainina Unit Teamsters Neootiatino Team Laurie Cornelius Patty Harper Dan Lazo, Steward Mark Ornelas Janet Mallen, Steward Silva Vergel, Steward Cara Wilhelm Melissa Ornelas, Teamsters Business Representative Citv of Arcadia Reoresentatives Michael A. Casalou, Senior, Management Analyst Janice Cumming, Police Records Manager Brian Saeki, Management Analyst Robert Sanderson, Police Captain William W. Floyd, Jr., Attomey 55 Range Number Title Step A StepB StepC StepD StepE StepF SteoG StepH Step I StepJ 39 Custodian $2,356 $2,415 $2,475 $2,537 $2,600 $2,665 $2,732 $2,800 $2,870 $2.942 40 OffiCe Assistant $2,415 $2,475 $2,537 $2,600 $2,665 $2,732 $2,800 $2.870 $2,942 $3;016 Police Records Tech I 41 Accounting Technician I $2,475 $2,537 $2,600 $2,665 $2,732 $2,800 $2,870 $2,942 $3,016 $3,091 Librarv Tech I 42 $2,537 $2.600 $2,665 $2,732 $2,800 $2,870 $2,942 $3,016 $3,091 $3,168 43 $2,600 $2,665 $2.732 $2,800 $2,870 $2,942 $3,016 ' $3,091 $3,168 $3,247 44 Administrative Assistant $2.665 $2,732 $2,800 $2;870 $2,942 $3,016 $3,091 $3,168 $3,247 $3,328 Dispatcher I Info and Referral Coord Police Records Technician II , Recreation Coordinator Senior Citizens Project Spec. Video Tech/Office Assistant 45 Accountin!l Technician II $2,732 $2,800 $2,870 $2.942 $3,016 $3,091 $3,168 $3,247 $3,328 $3,411 Library Tech II Historical Museum Ed. Cord, 46 Senior Citizens Program Specialist $2,800 $2.870 $2.942 $3,016 $3,091 $3,168 $3,247 $3,328 $3,411 $3,496 47 Building Technician J $2,870 $2,942 $3,016 $3,091 $3,168 $3,247 $3,328 $3,411 $3,496 $3,583 Community Services Officer 48 Sr, Police Records Tech $2,942 $3.016 $3,091 $3.168 $3,247 $3,328 $3,411 $3,496 $3,583 $3,673 49 $3,016 $3,091 $3,168 $3,247 $3,328 $3,411 $3,496 $3,583 $3,673 $3,765 50 Dispatcher II $3,091 $3,168 $3,247 $3,328 $3,411 $3,496 $3,583 $3,673 $3,765 $3,859 Sr, Administrative Assistant 51 Buildino Technician II $3,168 $3,247 $3.328 $3,411 $3,496 $3,583 $3,673 $3,765 $3,859 $3,955 Communications & MarKeting Specialist I . Log istical Services Officer Senior Accountin!l Technician Senior Library Technician Storekeeper/Buver 52 Business License Officer $3,247 $3,328 $3,411 $3,496 $3,583 $3,673 $3,765 $3,859 $3,955 $4,054 Code Services Officer Fire Administrative Specialist 53 Deputy City Clerk $3,328 $3,411 $3,496 $3,583 $3,673 $3.765 $3,859 $3,955 $4,054 $4,155 Human Resources Technician Public Works Technician 54 $3,411 $3,496 $3,583 $3,673 $3,765 $3,859 $3,955 , $4,054 $4,155 $4,259 55 Accounting Specialist $3,496 $3,583 $3,673 $3,765 $3,859 $3,955 $4,054 $4,155 $4,259 $4,365 Circulation Services Supervisor Enoineerino Assistant CITY OF ARCADIA SALARY RANGE JULY 2003 TO JUNE 2004 Teamsters General Unit Appendix Revenue Collection Specialist 56 $3,583 $3,673 $3,765 $3,859 $3,955 $4,054 $4,155 $4,259 $4,365 $4,474 57 Evidence Technician $3,673 $3,765 $3,859 $3,955 $4,054 $4,155 $4,259 $4,365 $4,474 $4,586 Executive Assistant Historical Museum Curator Legal Coordinator Librarian Communications & Marketing Specialist II 58 Assistant Planner $3,765 $3,859 $3,955 $4,054 $4,155 $4,259 $4,365 $4,474 $4,586 $4,701 Combination Inspector - - Public Works Inspector 59 Information Systems Specialist , $3,859 $3,955 $4,054 $4,155 $4,259 $4,365 $4,474 $4,586 $4,701 $4,819 60 $3,955 $4,054 $4,155 $4,259 ' $4,365 $4,474 $4,586 $4,701 $4,819 $4,939 61 Senior Engineering Assistant $4,054 $4,155 $4,259 $4,365 $4,474 $4,586 $4,701 $4,819 $4,939 $5,062 62 Associate Planner $4,155 $4,259 $4,365 $4,474 $4,586 $4,701 $4,819 $4,939 $5,062 $5,189 Sr. Combination Inspector 63 Communications Specialist $4,259 $4,365 $4,474 $4,586 $4,701 $4,819 $4,939 $5,062 $5,189 $5,319 Fire Inspector 64 $4,365 $4,474 $4,586 $4,701 $4,819 $4,939 $5,062 $5,189 $5,319 $5,452 65 Police Comm. & Info. Sys. Spec, $4,474 $4,586 $4,701 $4,819 $4,939 $5,062 $5,189 $5,319 $5,452 $5,588 66 Assistant Engineer $4,586 $4,701 $4,819 $4,939 $5,062 $5,189 $5,319 $5,452 $5,588 $5,728 Senior Planner 67 Deputy Fire Marshall $4,701 $4,819 $4,939 $5,062 $5,189 . $5,319 $5,452 $5,588 $5,728 $5,871 Principal Librarian 68 $4,819 $4,939 $5,062 $5,189 $5,319 $5,452 $5,588 $5,728 $5,871 $6,018 69 $4,939 $5,062 $5,189 $5,319 $5,452 $5,588 $5,728 $5,871 $6,018 $6,168 70 Associate Civil Engineer $5,062 $5,189 $5,319 $5,452 $5,588 $5,728 $5,871 $6,018 $6,168 $6,322 CITY OF ARCADIA SALARY RANGE JULY 2003 TO JUNE 2004 Teamsters General Unit Appendix