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RESOLUTION NO. 6085
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING A MEMORANDUM OF
UNDERSTANDING ESTABLISHING COMPENSATION AND
RELATED BENEFITS FOR EMPLOYEES REPRESENTED BY THE
CALIFORNIA TEAMSTERS FOR THE CONFIDENTIAL!
SUPERVISORYfPROFESSIONAL UNIT AND GENERAL
EMPLOYEE UNIT FOR FISCAL YEAR 1998-1999
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY
FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION I. Within 30 days of ratification of the Memorandum of Understanding
(MOU) by the City Council the represented employees shall receive a one-time payment
equivalent to 1.4% of annual gross salary based on the salary step held on November 17, 1998.
The City shall contract with the Public Employees Retirement System to permit employees to
purchase service credit for military service.
SECTION 2. The salary and benefits set forth herein are predicated on the attached
Memorandum of Understanding (MOU) by the City and the California Teamsters which MOU
reflects agr<<?ed upon compensation and benefits.
SECTION 3. The Memorandum of Understanding referred to in this Resolution IS
hereby approved and authorized for execution by the City Manager.
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SECTION 4. That the City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this 17th day of November, 1998.
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Ma ofth ity of Arcadia
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APPROVED AS TO FORM:
2!iM! !rlJ2({,
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the
foregoing Resolution No. 6085 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 17th day of November, 1998 and that said Resolution was adopted by
the following vote, to wit:
AYES: Councilmember Chandler, Harbicht, Marshall, Roncelli and Kovacic
NOES: None
ABSENT: None
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CITY OF ARCADIA
AND
CALIFORNIA TEAMSTERS
PUBLIC, PROFESSIONAL
AND MEDICAL EMPLOYEES
UNION LOCAL 911
(CONFIDENTIAL/SUPERVISORY /PROFESSIONAL UNIT
AND GENERAL EMPLOYEE UNIT)
MEMORANDUM OF UNDERSTANDING
JULY 1, 1998 THROUGH JUNE 30, 1999
November 1 7, 1998
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TABLE OF CONTENTS
Page
Preamble 4
Article I Parties and Recognition 5
Appropriate Unit 5
Mutual Recommendation and Implementation 6
Authorized Agents 6
Article II Term 7
Savings Clause 7
No Strike Clause 7
Article III Union Rights 9
A. Right To Join 9
B. Use of Bulletin Boards 9
C. Payroll Deduction 9
D. Access to Facilities 10
E. Union Stewards 1 1
F. Reasonable Notice 1 1
G. List of Names 12
Article IV Management Rights 13
Article V Compensation 14
Promotion or Advancement 14
Article VI Hours 15
Overtime (FLSA) 15
Rest Periods 15
Work Schedule 16
Article VII Stability Pay 17
Article VIII Tuition Reimbursement 18
Article IX Mileage Reimbursement 20
Article X Health, Dental and Life Insurance 21
Retired Health Insurance 23
Life Insurance 23
Article XI Disability Income Insurance 25
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T ABLE OF CONTENTS
Page
Article XII Medical Examinations 26
Article XIII Uniforms 27
Article XIV Leaves of Absence 29
A. Non-Medical Leaves Without Pay 29
B. Family Care and Medical Leaves 30
C. Military Leave 34
D. Vacation Leave 35
E. Sick Leave 36
F. Bereavement Leave 37
G. Holidays 37
H. Jury Leave 39
I. Court Witness Leave 39
J. Industrial Accident Leave 39
Article XV Probationary Period 41
Article XVI Special Pay 42
A. Acting Pay 42
B. Call-Back Pay 42
C. Bilingual Pay 42
Article XVII Layoffs 43
A. Layoff Procedure 43
B. Re-employment List 44
C. Definitions 44
Article XVIII Personnel Files 45
Article XIX Employee Complaints and Grievances 46
A. Definitions 46
B. Procedure 46
C. General Provisions 48
Article XX Disciplinary Action 49
A. Suspension, Salary Reduction, Demotion & Dismissal 49
B. Notification and Appeal Procedure 49
C. Salary Reduction 50
D. Unauthorized Absence 50
Article XXI Full Understanding/Execution of Agreement 51
6085
PREAMBLE
It is the purpose of the Memorandum of Understanding to promote and provide for
harmonious relations, cooperation and communication between City Management and
the City employees covered by this Memorandum. As a result of good faith
negotiations between City management representatives and Union representatives
this Memorandum sets forth the agreement regarding wages, hours and other terms
and conditions of employment for the employees covered by this Memorandum. This
Memorandum provides for an orderly means of resolving differences which may arise
from time to time during its term.
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ARTICLE I
Section A.
Section B.
PARTIES AND RECOGNITION
The Memorandum of Understanding is made and entered into
between the management representatives of the City of Arcadia,
hereinafter referred to as the "City" and representatives of the
California Teamsters Public, Professional and Medical Employees
Union 911, an affiliate of the International Brotherhood of Teamsters,
a formally recognized exclusive employee organization, hereinafter
referred to as the "Union", pursuant to the provisions of the Meyers-
Milias-Brown Act (Government Code Sections 3500 et.seg.).
APPROPRIATE UNIT
The classifications covered by this agreement are:
Confidential/Supervisory/Professional Unit
Administrative Aide Librarian
Assistant Engineer Logistical Services Officer
Assistant Planner Personnel Technician
Associate Civil Engineer Principal Librarian
Associate Planner Secretary
Deputy City Clerk Recreation Coordinator
Deputy Fire Marshal Redevelopment Project Manager
Executive Assistant Typist Clerk II-Confidential
Legal Coordinator
General Employee Unit
Account Clerk I Info/Health Specialist
Account Clerk II Info/Referral Coordinator
Building Clerk Library Proctor
Building Inspector Library Technician I
Building Maintenance Worker Library Technician II
Building Technician I Library Technician III
Building Technician II Parking Control Specialist
Cashier Account Clerk Plan Checker
Code Services Officer Police Clerk
Communications Technician Public Works Inspector
Community Service Officer Secretary
Computer Support Specialist Senior Account Clerk
Custodian Senior Citizens Prog. Spec.
Dispatcher I Senior Citizens Prog. Typist Clerk
Dispatcher II Senior Engineering Aide
Engineering Aide Typist Clerk I
Evidence Technician Typist Clerk II
Fire Administrative Specialist Typist Clerk III
Fire Inspector Video Technician/Office Assistant
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ARTICLE I
Section C.
MUTUAL RECOMMENDATION AND IMPLEMENTATION
This Memorandum of Understanding constitutes a mutual
recommendation to be presented to the City Council, subsequent to
the ratification meeting by the membership of the
Confidential/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
formally acts, by majority vote, to approve and adopt said
Memorandum.
Section D. AUTHORIZED AGENTS
The City's principal authorized agent shall be the City Manager, 240 W.
Huntington Drive, Arcadia, California, 91066-6021, except where a
particular City representative is specifically designated in connection
with the performance of a specific function or obligation set forth
herein.
The Confidential/Supervisory/Professional and General Employee's
authorized representative is the California Teamsters Public,
Professional, and Medical Employees Union Local 911. The duly
authorized staff representatives are Chester Mordasin, President and/or
Raymond Whitmer, Secretary-Treasurer, 3202 E. Willow Street, Long
Beach, California, 90806.
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ARTICLE /I
Section A. TERM
The parties have met and conferred in good faith regarding wages,
hours and other terms and conditions of employment and it is mutually
agreed that this Memorandum of Understanding shall be effective upon
ratification of the City Council and ending June 30, 1999.
Section B. SAVINGS CLAUSE
If any provision or the application of any provision of this agreement as
implemented should be rendered or declared invalid by any final court
action or decree or by reasons of any preemptive legislation, the
remaining Sections of this agreement shall remain in full force and effect
for the duration of said agreement. In the event any section of this
Memorandum is declared invalid, the City agrees to meet and confer
with Union, upon request, regarding the impact or implementation of the
court order or decree or legislation.
Section C. NO STRIKE CLAUSE
1 . It is agreed and understood that there will be no concerted strike,
sympathy strike, work stoppage, slow-down, obstructive
picketing, or concerted refusal or failure to fully and faithfully
perform job functions and responsibilities, or other concerted
interference with the operations of the City by the Union or by its
officers, agents, or members during the term of this Agreement.
Compliance with the request of other labor organizations to
engage in such activity is included in this prohibition.
2. The Union recognizes the duty and obligation of its
representatives to comply with the provisions of this Agreement
and to make every effort toward inducing its members not to
strike, stop work, slow-down, or picket obstructively, and the
Union agrees in good faith to actively take affirmative action to
cause those employees to cease such action.
It is agreed and understood that any employee concertedly
violating this article may be subject to disciplinary action up to
and including discharge, and/or, may be considered to have
automatically resigned from the City service. For purposes of this
article, any employee deemed to have automatically resigned shall
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ARTICLE II
be eligible to utilize the Grievance Procedure as provided in this
Agreement.
3. It is understood that in the event this article is violated, the City
shall be entitled to withdraw any rights, privileges, or services
provided for in this Agreement or in any other City rules,
regulations, resolutions and/or ordinances, from any employee
and/or the Union. No such actions shall be 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.
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ARTICLE III UNION RIGHTS
Section A. RIGHT TO JOIN
The City and the Union recognize the right of the employees to form,
join and participate in lawful activities of employee organizations and the
equal alternative right of employees to refuse to join or participate in
employee organization activities.
During the life of this contract all unit members who choose to become
members of the union shall be required to maintain their membership in
the union in good standing, subject however, to the right to resign from
membership no sooner than April 15, or later than May 15, of the year
this MOU expires. Any unit member may exercise the right to resign by
submitting a written notice to the union and to the City during the
resignation period.
The City and the Union agree that neither shall discriminate or retaliate
against any employee for the employee's participation or non-
participation in any Union activity.
Section B. USE OF BULLETIN BOARDS
The City shall provide for the Union's use, designated bulletin boards
where employees in the bargaining unit have access during regular
business hours subject to the following conditions:
a) all postings for bulletin boards must contain the date of posting
and the identification of the organization and;
b) the Union will not post information which is defamatory,
derogatory or obscene, subject to the immediate removal of the
right to post for a period not to exceed 90 days.
Locking bulletin boards will be made available in the Library, City Hall,
Fire Station #1, Police Department and Recreation Center, and regular
bulletin boards will be made available in Fire Station #2, and the City
Service Center at a location approved by the Department Administrator,
or City Manager.
Section C. PAYROLL DEDUCTION
The City will deduct from the first paycheck of each month and remit to
the Union, pay of Union members the normal and regular monthly Union
membership dues as voluntarily authorized in writing by the employee
subject to the following conditions:
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ARTICLE III
1 . Such deduction shall be made only upon submission of deduction
form to the designated City representative. Said form shall be
duly completed and signed by the employee.
2. The City shall not be obligated to put into effect any new,
changed or discontinued deduction until the pay period
commencing fifteen days or longer after such submission.
Every effort will be made to remit dues to the Union within two weeks
of receipt. The union agrees to indemnify and hold the City harmless
against any and all suits, claims, demands and liabilities that may arise
out of, or by reason of, any action that shall be taken by the City for the
purpose of complying with this Section.
Section D. ACCESS TO FACILITIES
All Union business will be conducted by employees and Union
representatives outside of established work hours.
Nothing herein shall be construed to prevent a Union representative or
an employee from contacting the Human Resources Manager or other
management representatives regarding personnel related matters during
work hours.
The authorized Union Business Agent shall be given access to work
locations during working hours provided that prior to visiting any work
location the Union representative shall:
1. contact the Human Resources Manager or his designate, to state
the purpose of his visit and which location he will be visiting, and
2. the Human Resources Manager or designate determines that such
visit shall not interfere with the operations of the department.
In the event the requested time and/or location of such visit by the
Union Business Agent is denied because it would interfere with the
operations of the department, the Human Resources Manager or his
designate shall set an alternative time and/or location for such visit
within 72 hours.
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ARTICLE III
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 City
Community Relations Officer which shall include the date, time, number
of people expected, general reason for the meeting, and an
acknowledgment that no food or beverages will be consumed in City
facilities. Approval will be granted in the same manner as it is granted
to other organizations.
Section E. UNION STEWARDS
1 . Three (3) stewards who are authorized to represent the
Confidential/Supervisory/Professional employees and the four (4)
stewards who are authorized to represent the General employee
bargaining unit shall be selected in such manner as the Union may
determine.
The Union shall notify the employer in writing of the names of the
seven (7) stewards.
2. The three (3) stewards who are authorized to represent the
Confidential/SupervisorylProfessional employees and the four (4)
stewards who are authorized to represent the General employee
bargaining unit shall be permitted one day off without pay each
calendar year to attend a training session with Teamsters.
Advance written notice of no less than fourteen (14) calendar
days shall be given to each steward's supervisor.
Section F. REASONABLE NOTICE
The City will provide fifteen (15) business days notice prior to final
implementation of changes to wages, hours of work, or other terms and
conditions of employment within the scope of negotiations. Upon
written notice from the Union outlining the area(s) of concern, together
with the Union's proposal, the City will meet and confer on those
matters that are within the scope of negotiations.
In addition, the City shall mail to the Union and the chief shop steward a
copy of the agendas for each City Council and/or Human Resources
Commission meeting.
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ARTICLE III
Section G. LIST OF NAMES
The Union shall provide and maintain with the City a current list of the
names of all authorized representatives of the
Confidential/Supervisory/Professional Unit and the General Employee
Unit.
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ARTICLE IV MANAGEMENT RIGHTS
Section A. Except as limited by the specific and express terms of this agreement,
the City hereby retains and reserves unto itself all rights, powers,
authority, duty and responsibilities confirmed on and vested in it by the
laws and the Constitution of the State of California, the Charter of the
City of Arcadia and/or the laws and Constitution of the United States of
America.
The management and the direction of the work force of the City is
vested exclusively in the City, and nothing in this agreement is intended
to circumscribe or modify the existing rights of the City to direct the
work of its employees; hire, promote, demote, transfer, assign and
retain employees in positions within the City, subject to the Personnel
Rules and Regulations of the City; suspend or discharge employees for
proper cause; maintain the efficiency of governmental operations; relieve
employees from duties for lack of work or other good reason; take
action as may be necessary to carry out the City's mission and services
in emergencies; and to determine the methods, means and personnel by
which the operations are to be carried out, including the right to
subcontract unit work.
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ARTICLE V COMPENSA TION
Section A. The City shall continue to pay 7% of the employee's contribution to the
Public Employee's Retirement System.
The City 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.
No later than the second pay period following ratification, a one-time
payment equivalent to 1.4% of annual gross salary based on the salary step
held on November 17, 1998, less applicable deductions shall be made to
represented employees actively working as of that date.
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
one step increase in compensation unless the top step in such
range provides less than one step increase. Such one step of 4.5
to 5.5%, shall be measured by the range from which the
employee is promoted.
2. When an employee is promoted to a higher classification, the
date of promotion shall be used in determining the date of future
step increases.
Section C. The parties acknowledge that the percentages between steps within a
range are from 4.5% to 5.5%.
Section D. The advancement through the salary steps is discretionary based upon
satisfactory performance and continuous service in the same
classification. The following schedule is the continuous service time
required for a qualified employee to receive each step increase:
A Step to B Step:
B Step to C Step:
C Step to D Step:
D Step to EStep:
6 months
1 2 months
1 2 months
1 2 months
Salary step advancements may be withheld or delayed by the appointing
authority if an employee's performance does not merit such an
advancement.
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ARTICLE VI HOURS
Section A. OVERTIME
With the approval of the City Manager, and when necessary to perform
essential work, a department administrator may require an employee(s)
to work at any time other than during regular working hours until such
work is completed. Represented employees required to be in a work
status beyond forty (40) hours in a designated work week, or to work in
excess of the regularly scheduled shift, shall be paid at the rate of one
and one-half times the employee's regular hourly rate. For purposes of
overtime calculation, paid sick leave when accompanied by a doctor's
slip verifying illness and all other paid leave time shall be regarded as
hours worked. No overtime credit shall be allowed for any period less
than one-quarter hour. Overtime shall be rounded to the nearest one-
quarter hour.
When a represented employee is directed by his/her department
administrator or the City Manager to attend classes or City functions at
times other than regularly scheduled work hours which cause the
employee to be in a work status in excess of 40 hours in a designated
work week, the employee shall be paid at the rate of time and one-half
the employee's regular rate of pay. This does not apply to classes or
other functions which the employee voluntarily attends.
The Department Administrator or City Manager may permit an employee
to take compensatory time in lieu of paid overtime. With Department
Administrator approval, represented employees shall be permitted to
accumulate compensatory time only to a maximum of sixty (60) hours.
When the maximum level of compensatory time is reached, overtime
shall be paid. The scheduling of compensatory time off shall not result
in the pyramiding of overtime.
Section B. REST PERIODS
Represented employees, except Dispatcher I's and Dispatcher II's, shall
receive for each eight (8) or nine (9) hour shift worked, at the discretion
of the respective department, two (2) fifteen (15) minute rest periods,
one each approximately at the mid-point of each one-half shift. Office
personnel shall not leave City property during break periods, and field
personnel shall take breaks at the work site. Employees in transit
between work sites may take their rest period at a location between the
normal route of work locations. Rest periods are for the good of the
employee, but periods cannot be used to make up for other lost time.
Rest periods are not cumulative and may not be taken concurrently with
lunch periods.
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ARTICLE VI
Section C. WORK SCHEDULES
The City agrees that if it decides to change the current 9 day - 80 hour
work schedule, the City will meet and confer with the Union prior to
implementing a new work schedule.
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ARTICLE VII STABILITY PA Y
Section A. Stability pay will only be applicable to employees who were hired prior
to January 1. 1 984. The following is the schedule of how stability pay
is calculated.
Completed Years Completed Years
of Service Amount of Service Amount
1 1 $275 16 $400
12 $300 17 $425
13 $325 18 $450
14 $350 19 $475
15 $375 20 $500
Cash stability payments are made once a year between December 1 and
December 10 only to employees on the payroll as of December 1 .
Stability payments will be paid on a pro-rata
retire or are laid off prior to December 1,
eligibility requirements.
basis to employees that
provided they meet all
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ARTICLE VIII TUITION REIMBURSEMENT
Section A. The Tuition Reimbursement Program will operate on a fiscal year basis
(July 1 through June 30). Each employee shall be eligible for
reimbursement of educational expenses which are job related or are
applicable toward a specific degree. Reimbursement will be provided
upon the successful completion of course work.
Maximum tuition reimbursement, including textbooks is $2,100.00 per
fiscal year. Parking fees and school supplies are not reimbursable.
The City reserves the right to investigate any school and approve or
disapprove it for reimbursement if such action appears warranted. Only
courses, specialized training, or degree programs "job-related" to
permanent full-time positions will be considered for tuition
reimbursement. Individual courses taken toward achievement of career
objective such as a law degree or a teaching credential will be
reimbursable only to the extent that such courses are job related as
determined by the Department Head and Human Resources Manager.
The Tuition Reimbursement Program is voluntary and time spent on
courses will not be considered as time worked for the City, unless an
employee is directed to participate by the department administrator.
Reimbursement for Degree Programs which are structured on a "special
package" basis will be considered individually and terms will be
negotiated. In no circumstance, shall a negotiated reimbursement
exceed $2,100.00 in a given year. To qualify for reimbursement, the
following criteria must be met:
1. A course grade of "C" or equivalent, or higher must be attained.
2. The employee must be currently employed by the City of Arcadia.
3. The course must be taken at an accredited educational institution,
which is defined as any college, university, technical, vocational,
business or high school which has been accredited by a
recognized governmental or professional accrediting body.
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ARTICLE VIII
Any employee who receives tuition reimbursement must remain in the
employ of the City for one (1) year after completion of any course for
which reimbursement was made. If the employee voluntarily terminates
employment, or is terminated by the City, prior to one (1) year after
completion of the course(s), he/she must repay the City all monies
received. (This may include deduction from vacation leave etc.)
An Education Reimbursement Request Form must be submitted to an
employee's Department Head before the course begins, in order to
qualify for tuition reimbursement. Upon Department Head approval the
form will be forwarded to the Human Resources Manager.
Following review by the Human Resources Manager and City Manager,
the form will be returned Approved/Disapproved to the employee.
After receiving approval, the employee holds the form until completion
of the course(s).
After approved course(s) have been successfully completed, the
employee must submit the form with a copy of grade(s} and tuition and
book receipts to the Human Resources Department.
After final reimbursement is approved, the Administrative Services
Department will issue a reimbursement check to the employee.
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ARTICLE IX MILEAGE REIMBURSEMENT
Section A. Mileage is reimbursed at a rate established by the City for travel in an
employee's personal vehicle in connection with City business. Prior
approval must be obtained from the immediate supervisor or department
head. If travel is required frequently during a month, reimbursement will
be made once a month. Completed mileage forms shall be submitted to
the department head consistent with the administrative policy.
Any employee authorized to use a personal vehicle must maintain an
insurance policy meeting the standards established by the City Manager.
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ARTICLE X HEAL TH. DENTAL AND LIFE INSURANCE
Section A. The City will continue to provide Health, Dental and Life Insurance
benefits to each full-time employee in a classification represented by this
agreement. For the months of December, 1998 and January, 1999, the
City shall pay up to a maximum of $508.00 per month per employee
for coverage. For full-time employees, if the City's contribution exceeds
the cost of employee only coverage, the difference shall be contributed
toward the cost of dependent coverage or to the employee in cash or a
combination of both. The employee has the option of having any
amount in excess of the premium contributed to the employee's account
in the City's deferred compensation plan instead of receiving cash.
For the months of December, 1998 and January, 1999, the City shall
pay up to a maximum of $254.00 per month per permanent part-time
employee for coverage. For permanent part-time employees, if the
City's contribution exceeds the cost of employee only coverage, the
difference may be contributed toward the cost of dependent coverage
only.
If the premium cost of the health plan exceeds the City's contribution,
the employee shall pay through payroll deduction the difference
between the monthly premium and the amount contributed by the City.
The employee's exercise of the option to use the difference toward
dependent health coverage or the deferred compensation plan is subject
to the conditions controlling enrollment periods and eligibility established
by the respective plans or carriers.
Section B. Effective February 1, 1 999 the City shall provide regular full-time
employees in a classification represented by this Agreement with the
following contributions:
1. CalPERS Health Program
The City will contribute $1 6 per month per employee for health
insurance.
2. Dental Insurance - mandatory enrollment
The City will contribute $13.20 per month for employee only
enrollment in one of the two dental plans. Additional coverage
may be purchased through the Optional Benefits allocation.
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ARTICLE X
3. Optional Benefits
The City shall contribute $478.80 per month per eligible employee
toward an optional benefits plan. The employee may receive this
amount in cash or may elect to use coverage for him/herself or
his/her dependents for City- approved benefits options, including
but not limited to, dental insurance, supplemental life insurance,
optional long term disability insurance or deferred compensation
plan. Any monies received in cash will be considered as taxable
income.
The employee need not enroll in a medical plan to be eligible for
optional benefits allowance provided that the employee annually
during open enrollment, sign a waiver and refusal of coverage.
Dependent enrollment will require proof of eligibility for dependent
status such as marriage, birth and adoption certificate.
4. Life Insurance
The City shall continue to provide $7500.00 life insurance benefit
for eligible employees.
Section C. Effective February 1, 1999 the City shall provide regular part-time
employees in a classification represented by this Agreement with the
following contributions:
1 . CalPERS Health Program
The City will contribute $1 6 per month per employee for health
insurance.
2. Dental Insurance - mandatory enrollment
The City will contribute $13.20 per month for employee only
enrollment in one of the two dental plans. Additional coverage
may be purchased through the Optional Benefits allocation.
3. Optional Benefits
The City shall contribute $224.80 per month per eligible employee
toward an optional benefits plan. The employee may receive this
amount in cash or may elect to use coverage for him/herself or
his/her dependents for City- approved benefits options, including
but not limited to, dental insurance. supplemental life insurance,
optional long term disability insurance or deferred compensation
plan. Any monies received in cash will be considered as taxable
income.
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ARTICLE X
The employee need not enroll in a medical plan to be eligible for
optional benefits allowance provided that the employee annually
during open enrollment, sign a waiver and refusal of coverage.
Dependent enrollment will require proof of eligibility for dependent
status such as marriage, birth and adoption certificate.
4. Life Insurance
The City shall continue to provide $7500.00 life insurance benefit
for eligible employees.
Section D. RETIREE HEALTH INSURANCE
The City agrees to pay the employee-only health insurance monthly
premium cost for eligible City retirees. An eligible retiree is an employee
who retires from City service on a SERVICE retirement and has one
thousand (1000) hours of accumulated sick leave at the date of
retirement. Such payment shall cease by employee's sixty-fifth (65)
birthday. If the retired employee has other group medical coverage
available to the employee, then this other group insurance shall be
primary and the City's health insurance plan shall function as a
secondary co-insurance.
In order to be eligible for retiree health coverage, the employee must be
enrolled in a City-sponsored health plan as of the retiree's last day of
work.
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 1 5
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.
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ARTICLE X
Effective February 1, 1 999 retirees will be subject to the terms of the
CalPERS Health Program. In this program the City will pay to CalPERS
$1.00 per month for the retiree's health insurance. This amount
increases annually by 5% until it is equal to the City contribution for
active employees of $16.00 per month. The difference between this
contribution and the employee only cost of the insurance selected by
the retiree will be refunded to the retiree by the City on a monthly basis
based on a report by CalPERS of the retiree's continued enrollment.
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ARTICLE 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.
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ARTICLE XII MEDICAL EXAMINA TIONS
Section A. All medical examinations required by the City shall be paid for by the
City in accordance with the City of Arcadia Personnel Rules and
Regulations.
Section B. An employee at any time may be required by the appointing power to
take a medical examination, paid for by the City, to determine fitness for
duty.
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ARTICLE XIII UNIFORMS
Section A. Upon hire, the City shall provide the following employees with seven (7)
sets of uniforms consisting of shirts and trousers.
· Communication Technician
· Custodian
· Building Maintenance Worker
Upon hire, the City shall provide the following employees with five (5)
shirts:
. Public Works Inspector
. Code Services Officer
. Building Inspector
Upon hire, the City shall provide the following employees with four (4)
sets of uniforms consisting of long sleeve shirt, short sleeve shirt,
pants/skirt, cross-tie/tie, and one sweater or one medium weight
uniform jacket.
· Community Service Officer
· Dispatcher I
· Dispatcher II
· Evidence Technician
· Fire Inspector
· Fire Prevention Specialist
· Parking Control Specialist
· Police Clerk
· Secretary (assigned to the Fire & Police Department)
· Typist Clerk's (assigned to the Fire & Police Department)
· Deputy Fire Marshal
Uniforms shall be replaced on an as needed basis, pursuant to
department procedures.
Section B. Upon termination of employment the employee shall turn in all uniforms
issued or shall have a dollar amount equal to the lost uniform cost
deducted from the employee's final check.
Section C. The City shall provide a safety shoe allowance up to a maximum of
$125 per fiscal year for each employee in the following classifications:
Building Inspector, Building Maintenance Worker, Code Services Officer,
Community Service Officer, Custodian, Deputy Fire Marshal, Fire
Inspector, Parking Control Specialist, and Public Works Inspector.
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ARTICLE XIII
The City shall designate safety shoe standards for the above
classifications. A purchase order, not to exceed the maximum fiscal
year amount referred to above, shall be provided upon the employee's
request. Once the employee has purchased safety shoes in this
manner, the safety shoe shall be required footwear. Wearing of safety
shoes is limited to City work hours.
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ARTICLE XIV
LEA VES OF ABSENCE
Section A. NON-MEDICAL LEAVES WITHOUT PAY
Upon the written request of an employee stating the reasons therefore,
the appointing power with the approval of the City Manager shall have
power to grant leaves of absence without pay subject to the following
restrictions:
1 . Length - leave of absence without pay may be granted for a
period not to exceed one year with the exception that military
leaves may be granted for the duration of a war or national
emergency or as required by the Military and Veterans' code.
2. Reason - a leave of absence may be granted an employee,
provided he/she meets all other requirements set forth in this rule,
who desires to attend school or college or to enter training to
improve the quality of his service, who enters military service of
the United States, who is temporarily incapacitated by illness, or
who presents some other reasons equally satisfactory.
3. Right to Return - the granting of a leave of absence without pay
confers upon the employee the right to return to his classification
before or at the expiration of his/her leave of absence. Therefore,
a leave of absence shall be granted only to an employee who
intends to return to his/her classification with the City.
4. Service Record - no request for leave of absence will be
considered unless the employee presenting the request has a
satisfactory service record.
5. An employee granted a leave of absence may be required by the
appointing power or the City Manager to successfully pass a
medical examination prior to being allowed to return to work.
6. The granting of a leave of absence of thirty (30) days or less,
with or without pay, shall not constitute an interruption of service
within the meaning of this subsection. The granting of a leave of
absence with or without pay of more than thirty (30) days shall
constitute an interruption of service unless, in the action granting
such leave of absence, it is provided that such leave of absence
shall not constitute an interruption of service.
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ARTICLE XIV
7. The City shall continue to provide health, dental, life, and
disability insurance for an employee granted a leave of absence
for up to 30 calendar days. It shall be the responsibility of the
employee who wishes to continue any insurance coverage
beyond the 30 calendar days, to notify the Human Resources
Office of his/her intent to continue coverage and to remit the full
monthly premium for any coverage to the Administrative Services
Department.
Section B. FAMILY CARE AND MEDICAL LEAVES
Upon the written request of an employee stating the reasons therefore,
the appointing power with the approval of the City Manager shall have
power to grant Family Care and Medical Leaves. In accordance with the
Federal Family and Medical Leave Act ("FMLA") and the California
Family Rights Act ("CFRA"), the City of Arcadia will provide family and
medical leave for eligible employees, as defined.
a. Definitions
"12-Month Period" - means 12-month period measured backward
from the date leave is taken and continuous with each additional
leave day taken.
"Child" - means a child under the age of 18 years of age, or 18
years of age or older who is incapable of self-care because of a
mental or physical disability. An employee's child is one for
whom the employee has actual day-to-day responsibility for care
and includes, a biological, adopted, foster child, step-child, or
child of whom the employee is the legal guardian.
"Serious health condition" - means an illness, injury impairment,
or physical or mental condition that involves:
1) Any period of incapacity or treatment in connection
with or inconsequent to a hospital, hospice or
residential medical care facility;
2) Any period of incapacity requiring absence from
work of more than three calendar days, that also
involves continuing treatment by (or under the
supervision of) a health care provider;
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ARTICLE XIV
3) Continuing treatment by a health care provider for a
chronic or long-term health condition that is
incurable or so serious that, if not treated, would
likely result in a period of incapacity of more than
three calendar days; or
4) Prenatal care by a health provider.
"Continuing treatments" means:
1) Two or more visits to a health care provider;
2) Two or more treatments by a health care
practitioner (e.g. physical therapist) on referral from,
or under the direction of a health care provider; or
3) A single visit to a health care provider that results in
a regimen of continuing treatment under the
supervision of the health care provider (e.g.
medication therapy).
b. Leave is only permitted for the following reasons:
1. The birth of a child or to care for a newborn of an employee;
2. The placement of a child with an employee in connection with
the adoption or foster care of a child;
3. Leave to care for a child, parent or a spouse who has a
serious health condition; or
4. Leave because of a serious health condition that makes the
employee unable to perform the functions of his/her position.
c. An employee is eligible for leave if the employee:
1. Has been employed for at least 1 2 months; and
2. Has been employed for at
month period immediately
the leave.
least 1,250 hours during the 12-
preceding the commencement of
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ARTICLE XIV
d. Eligible employees are entitled to a total of 12 workweeks of
leave during any 12-month period. The 12 workweek period
does not include leave taken for an employee's pregnancy
disability pursuant to Government Code Section 12945.2. An
employee's entitlement to leave for the birth or placement of a
child for adoption or foster care expires 1 2 months after the birth
or placement.
e. Employee Benefits While on Leave
Leave under this policy is unpaid. While on leave, employees will
continue to be covered by the City of Arcadia's group health
insurance to the same extent that coverage is provided while the
employee is on the job. Employees may make the appropriate
contributions for continued coverage under the proceeding benefit
plans by payroll deductions or direct payments made to these
plans. Employee contribution rates are subject to any change in
rates that occurs while the employee is on leave. If an employee
fails to return to work after his/her leave entitlement has been
exhausted or expires, the City of Arcadia shall have the right to
recover its share of health plan premiums for the entire leave
period, unless the employee does not return because of the
continuation, recurrence, or onset of a serious health condition
which would entitle the employee to leave, or because of
circumstances beyond the employee's control. The City of
Arcadia shall have the right to recover premiums through
deduction from any sums due the City of Arcadia (e.g. unpaid
wages, vacation pay, etc.)
f. If an employee requests leave for any reason permitted under this
policy, he/she must exhaust all accrued leaves (except sick leave)
in connection with the leave. An employee may elect to exhaust
part or all of the employee's sick leave while on an approved
Family Medical Leave to care for a child, parent or spouse. The
exhaustion of accrued leave, and sick leave if any is used, will run
concurrently with the leave under this policy.
If an employee requests leave for his/her own serious health
condition, in addition to exhausting accrued leave, the employee
must also exhaust accrued sick leave.
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ARTICLE XIV
g. Employees who request leave for their own serious health
condition or to care for a child, parent or a spouse who has a
serious health condition must provide written certification from
the health care provider of the individual requiring care.
If the leave is requested because of the employee's own serious
health condition, the certification must include a statement that
the employee is unable to perform the essential functions of
his/her position.
If the City of Arcadia has reason to doubt the validity of a
certification, the City may require another medical opinion at City
expense. When the second opinion differs from the first, the City
may require the opinion of a third provider jointly approved by the
City and the employee, at the City's expense. The opinion of the
third provider will be binding.
If an employee requests leave intermittently (a few days or hours
at a time) or on a reduced leave schedule to care for an
immediate 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 intermittent or reduced leave schedule.
h. Although the City of Arcadia recognizes that emergencies arise
which may require employees to request immediate leave,
employees are required to give as much notice as possible of their
need for leave. If leave is foreseeable, at least 30 days notice is
required. In addition, if an employee knows that he/she will need
leave in the future, but does not know the exact date(s) (e.g. for
the birth of a child or to take care of a newborn). the employee
shall inform his/her supervisor as soon as possible that such leave
will be needed. If the City of Arcadia determines that an
employee's notice is inadequate or the employee knew about the
requested leave in advance of the request, the City of Arcadia
may delay the granting of the leave until it can, in its discretion,
adequately cover the position with a substitute.
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ARTICLE XIV
i. Upon expiration of leave, an employee is entitled to be restored to
the position of employment held when the leave commenced, or
to an equivalent position. As a condition of restoration of an
employee whose leave was due to the employee's own serious
health condition, which made the employee unable to perform
his/her job, the employee must obtain and present a fitness-for-
duty certification from the health care provider that the employee
is able to resume work. Failure to provide such certification will
result in denial of restoration.
Section C. TEMPORARY MILITARY LEAVE (Paid and Unpaid)
Any employee who is a member of the reserve corps of the armed
forces of the United States or of the National Guard or the Navy Militia
shall be entitled to a temporary military leave of absence as provided by
applicable Federal law and applicable California State law.
To be eligible for paid leave for 30 calendar days of active military
training, an employee must have been employed by the City for a period
of not less than one year immediately prior to the day on which the
leave of absence begins. If the employee has not been employed for a
period of one year, the leave shall be granted without pay. Pay shall not
exceed 30 calendar days in anyone fiscal year.
An employee on paid military leave shall continue to accrue vacation,
sick leave, seniority and/or holiday in the same manner as the employee
would have, had the employee been in a work status.
To be eligible to receive the leave, an employee must submit a request
in writing with a copy of his/her military orders to his/her immediate
supervisor for processing.
This leave provision does not apply to employees who are drafted or
receive orders to military duty for periods longer than 180 calendar
days. Employee's rights to return to vacant positions after an absence
that exceeds 1 80 calendar days shall be governed by the applicable
Federal and State law.
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ARTICLE XIV
Section D. VACATION LEAVE
a) Accumulated vacation leave shall be granted at the discretion of
the appointing power.
b) Vacation may not be accumulated beyond the amount
accumulable for a sixty-five (65) pay period basis. Once an
employee has accumulated this amount, no more vacation will be
accrued by the employee until the employee's accrual has been
reduced below this maximum amount.
When through work circumstances and needs of the job, an
employee has been unable to utilize vacation time and this has
not been a pattern or practice for that employee, the City
Manager for good cause may approve excess accumulated
vacation, provided the employee reduces this total below the
allowable maximum within six (6) months.
c) An employee who has previously requested and was granted
approval of vacation leave for use during the last three (3)
months of the calendar year and is unable to utilize such leave
because of the City's cancellation of leave shall be allowed to
carryover the excess leave time into the next three (3) months of
the new calendar year, if rescheduling of the vacation leave is not
possible.
d) Upon termination, vacation used shall be pro-rated against
vacation earned. Every City employee who leaves the City
employ for any reason shall be granted all accumulated vacation
or shall be paid therefore at his rate of compensation applicable at
the time he leaves the City employ. If an employee works more
than 50% of the pay period, the employee shall receive credit for
50% of that pay period's vacation.
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ARTICLE XIV
Section E. SICK LEAVE
a) Every full-time employee represented by this agreement shall
accrue sick leave beginning with the first full pay period of
employment on the basis of 3.693 hours for each pay period of
service completed with the City. Employees may accumulate up
to a maximum of 1,500 hours of sick leave with pay.
b) The appointing power and City Manager may require a medical
examination by a physician of any employee during absence on
account of illness of such employee.
c) Sick leave means authorized absence from duty of an employee
who is temporarily disabled and unable to work due to a medical
condition or due to a scheduled medical or dental appointment
during regular working hours. Every effort shall be made to
schedule appointments during non-working hours.
d) Sick leave may be used by an employee when his care and
attendance is required by a family dependent who requires the
employee's presence at the dependent's medical or dental
appointment during regular working hours. Every effort shall be
made to schedule appointments during non-working hours. Family
dependents shall include only dependents currently residing in the
employee's household, or the employee's minor children.
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.
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ARTICLE XIV
g) Part-time employees who work more than forty (40) hours in a
pay period shall receive sick leave in the same manner and under
the same conditions as full-time employees at one-half the level
of full-time employees.
Section F. BEREAVEMENT LEAVE
At the time of death, or where death appears imminent, in the
immediate family, an employee, may be granted a leave of absence with
pay, upon approval of the appointing power and the City Manager.
Immediate family is defined as the spouse, the employee or employee's
spouse's mother or stepmother, father or stepfather, brother or sister,
child or stepchild, grandparents, grandchildren, or any relative of the
employee or employee's spouse residing in the same household. Such
leave, up to a maximum of twenty-seven (27) hours at one time, shall
not be charged against sick or other leave. Dispatcher I's and
Dispatcher II's shall receive up to three shifts of bereavement leave. A
shift for Dispatcher I's and II's may be twelve or eight hours. If over
twenty-seven hours (or up to three shifts for Dispatcher I's and
Dispatcher II's) of such leave is granted, at one time, that amount over
twenty-seven hours shall be charged against sick or other leave.
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.
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ARTICLE XIV
3. In lieu of a citywide holiday to celebrate Dr. Martin Luther King's
birthday, full-time employees shall receive one floating holiday to
be scheduled by the employee in the same manner as vacation
leave.
In lieu of a citywide holiday to celebrate Admissions Day, full-time
employees shall receive one floating holiday to be scheduled by
the employee in the same manner as vacation leave. Floating
holidays do not carryover into subsequent fiscal years. Failure to
timely schedule the days off shall result in their loss. If the City
adopts Dr. Martin Luther King's birthday or re-adopts Admissions
Day as a citywide holiday, the floating holiday(s) shall cease and
eligible employees shall receive the citywide holiday.
4. An employee required to work or attend a class or function on
any holiday allowed to him by this Section shall be paid for the
holiday, and in addition, he shall be compensated in accordance
with the applicable overtime rules. A holiday allowed by this
Section occurring during any leave of absence with pay shall be
added to the number of working days' leave of absence to which
such employee is entitled.
5. 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 permitted to use other accrued leaves to make up the
extra hour for that day.
6. For full-time employees assigned to an alternate work week, if a
holiday falls on a Friday that City Hall is closed under the 9/80
plan, each employee shall receive an eight (8) hour floating
holiday. Floating holiday time is not accruable and not payable if
unused. The floating holiday must be used by the end of the
fiscal year in which it is granted or it shall be forfeited.
Salary for the holiday shall be paid during the pay period in which
the holiday occurs.
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ARTICLE XIV
7. Represented part-time employees who work more than forty (40)
hours in a pay period shall receive holidays in the same manner
and under the same conditions as full-time employees at one-half
the level of full-time employees.
Section H. JURY LEAVE
When an employee is called or required to serve as a juror, attendance
shall be deemed a leave of absence with full pay. The City will
compensate jury service up to eighty (80) hours per year. All hours in
excess of eighty (80) shall not be compensated. The employee shall
remit to the City all fees received except mileage. For employees
assigned to an alternate work week, pay for jury duty shall not be
provided on regularly scheduled days off. When released from any day
of service more than two (2) hours prior to the end of the normal work
schedule, an employee shall report as soon as practical to full duty.
Section I.
COURT WITNESS LEAVE
An employee who is subpoenaed or required to appear in court as a
witness shall be deemed to be on leave of absence. With approval of
the appointing power and City Manager, an employee may be granted
leave with pay during his required absence. The employee shall remit to
the City fees received except mileage. A paid leave of absence shall not
be granted for time spent in Court on personal cases.
Section J. INDUSTRIAL ACCIDENT LEAVE
1 . Industrial accident leave shall be granted only to employees with
two (2) or more full years of continuous service with the City.
2. Industrial accident leave shall be allowed for a maximum of one
year 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 form 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.
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ARTICLE XIV
3. Compensation shall continue until the employee returns to work,
industrial accident leave is exhausted, or it is medically
determined that there is a permanent disability which precludes
return to regular duties, whichever occurs first.
4. The City reserves the right to require an employee to furnish
proof from a physician of the cause and necessity of absence
during an industrial accident leave.
5. "Industrial accident" as used in this Article, is defined as any
illness or injury arising directly out of the employment of the
employee which forces the employee to absent himself/herself
from work upon the advice of a physician. The determination of
whether an illness or injury results from an industrial accident
shall be made by the City in consultation with its Workers
Compensation administrators.
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ARTICLE XV PROBA TIONARY PERIOD
Section A. The probationary period is part of the examination process. It is a work-
test period during which the employee's performance and conduct on
the job are evaluated to determine whether or not the employee is fully
qualified for permanent appointment.
During the probationary period, a probationer may be released, or
demoted if permanent status is held in a lower classification, without
the right of appeal, if the appointing power deems the probationer unfit
or unsatisfactory for service.
When a provisional appointment is made to a probationary position and
subsequently the appointee is appointed to the position as a
probationary employee, with no time interval between the provisional
and probationary appointment, the "employment date" as herein
defined, shall be the date first appointed on a provisional basis.
Section B. All eligible candidates appointed to a position from an open competitive
examination and who are not currently employed in a permanent
position shall be on probation for twelve (1 2) months before attaining
permanent status.
For the classifications of Deputy Fire Marshal, Dispatcher I, Dispatcher
11, Fire Inspector, Community Service Officer, and Police Clerk the
probationary period for all eligible candidates appointed from an open
competitive examination and who are not currently employed in a
permanent position, shall be eighteen (18) months. Eligible candidates
appointed from a promotional list to these classifications, (except
Dispatcher I promoting to a Dispatcher 11) shall be on probation twelve
(12) months before attaining permanent status. A Dispatcher I who has
successfully completed probation and is appointed from a promotional
list to Dispatcher 11 shall be on probation for six (6) months before
attaining permanent status.
Section C. Eligible candidates appointed from a promotional list shall be on
probation for six months before attaining permanent status.
Section D. Probationary period may be extended for a one six (6) month period
with the approval of the Human Resources Manager.
Section E. A probationary employee who is holding a promotional pOSition shall
have the right to demotion to the classification in which he/she holds a
permanent appointment, unless he/she was discharged for cause from
City employment.
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ARTICLE XVI
SPECIAL PA Y
Section A. ACTING PAY
Any employee in the unit who is required, in writing, to work five (5)
consecutive working days or longer in a higher classification which is
vacant due to sick leave, injury leave, vacation, termination or move up
due to acting pay shall receive the following acting pay retroactive to
the first day of the assignment:
1. five (5) percent above their current rate of payor A step of the
higher classification, whichever is higher; or
2. should such percentage exceed the top step of the range for the
higher classification, the employee shall receive compensation at
the top step of the higher classification.
Nothing contained herein shall apply to an employee who is being
trained by the City to qualify for a higher classification.
Section B. CALL-BACK PAY
If a unit member is required while off duty to report back to work on a
call-out, he/she shall receive a minimum of two (2) hours pay at straight
time or the hours actually worked at the appropriate rate of
compensation, whichever is greater. Call back pay shall commence upon
the arrival of the employee at the work site.
Section C. BILINGUAL PAY
A maximum of five (5) employees in the Classifications of Police Clerk
and Community Service Officer in the Police Department may be
certified as bilingual by the City. Once certified, the employee shall
receive a bilingual pay stipend of $30 per month.
Any employee who is not certified as bilingual by the City shall not be
required to use a language other than English. However, when a
member of the public, who does not speak English asks an employee for
assistance in a language other than English that the employee
understands, the employee shall make a reasonable effort to
communicate with the member of the public in a polite and professional
manner.
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ARTICLE XVII
LA YOFFS
Section A. LAYOFF PROCEDURE
The City Manager or appointing power may layoff an employee because
of change in duties or organization, deletion of service, adverse working
conditions, shortage of work or funds or return of employees from
authorized leave of absence.
The order of layoff shall be based on performance (outlined in Section C
below), and in the reverse of total cumulative time served in the same
classification upon the date established for the layoff to become
effective. The order of employee layoff in a department shall be as
follows: temporary, provisional, probationary, permanent. The
employee in the class with the least seniority in the department will be
laid off and may exercise bumping rights, if any, to the least senior
incumbent in the class in the City. However, if a vacancy exists in the
class, there will be no bumping and the employee who is to be laid off
will be reassigned to the vacant position.
Classified employees may only bump or voluntarily demote to a
classified position and unclassified employees may only bump or demote
to an unclassified position.
Permanent full-time employees who receive notice of layoff may, in lieu
of layoff, voluntarily demote to the next lower classification that the
employee previously held within the unit, provided such employee's
seniority in the department is greater than the most junior employee
holding the lower position. Permanent part-time employees may in lieu
of layoff voluntarily demote to the next lower part-time classification
that the employee previously held within the unit, provided such
employee's seniority in the department is greater than the most junior
employee holding the lower position.
Employees in the classifications of Secretary, Typist Clerk I, II & III,
Engineering Aide, and Senior Engineering Aide 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.
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ARTICLE XVII
Section B. RE-EMPLOYMENT LIST
The names of employees shall be placed upon re-employment lists in the
reverse order of the layoff. Re-employment lists shall remain effective
for eighteen (1 8) months from the effective date of separation from
service. Failure of the employee on the re-employment list to provide he
City their current address shall result in the employee's name being
removed from the eligibility list.
Section C. DEFINITIONS
Employee - Permanent full-time and permanent part-time worker of the
City of Arcadia who has been employed by the City for twelve
consecutive months.
Layoff - Permanent separation from employment with the City as a
result of a work reduction.
Performance - The rating received by the employee from the City of
Arcadia's evaluation process. For the purposes of layoffs, seniority will
only be disregarded if an employee's overall performance evaluation
rating in anyone of the last three years is below proficient. In such
case, the layoff shall be based upon performance.
Work Reduction - A decrease in the level of service or amount of
product output by the City.
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ARTICLE XVIII
PERSONNEL FILES
Section A. The City shall maintain a central personnel file for each employee in the
Human Resources Office. Supervisors may maintain working personnel
files.
If a supervisor maintains a working personnel file, copies of written
material which is to be used as a basis for employee discipline shall be
sent to the central personnel file and given to the employee.
Copies of performance evaluations and/or disciplinary actions shall not
be entered in the file, until the employee is given a copy and an
opportunity to review and comment thereon. The employee shall be
given an opportunity during working hours to initial, date, and file a
written response to the material. The written response shall be
attached to the material.
Copies of letters of commendation and/or certificate of commendation
from the City Council or 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.
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ARTICLE XIX
EMPLOYEE COMPLAINTS AND GRIEVANCES
Section A. DEFINITIONS
1 . Grievance
All allegations by any employee that the employee has been
adversely affected by a violation of a specific provision of the
Memorandum of Understanding or Personnel Rules and
Regulations.
2. Grievant
An aggrieved person is any employee adversely affected by a
violation of a specific provision of the Memorandum of
Understanding or Personnel Rules and Regulations.
3. Written Grievance
The written grievance shall set forth a clear statement of the
grievance, the specific Personnel Rules(s) and/or section(s) of the
Memorandum of Understanding involved, the circumstances
involved, the decision rendered at the informal conference and
the specific remedy sought.
4. Written Appeal
The written appeal shall outline the same information specified in
the written grievance definition, plus the decision rendered at the
previous step(s) in the process.
5. Workday
A workday is any day the City offices are regularly open for
business.
Section B. PROCEDURE
An employee who feels they have a grievance has the right to express it
through the proper channel. The following procedure shall be followed
in presenting a grievance:
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ARTICLE XIX
1. Within fifteen (15) days of the occurrence of the event giving rise
to the grievance, the employee shall discuss the grievance with
the immediate supervisor.
2. If, after discussing the grievance with the supervisor, the
employee is still dissatisfied, a written grievance may be filed by
the employee with the individual in the next higher position in the
department provided such written grievance is filed within ten
(10) days of the meeting referred to in the paragraph above (B-1).
A decision in writing within ten (10) workdays shall be
communicated to the employee. If the response is not made
within the time limits, or if the employee is still dissatisfied, the
employee may appeal in writing to the department administrator.
3. An employee proceeding to the department administrator shall file
a written appeal within five (5) workdays of notice of the decision
referred to in the paragraph above (B-2) or within five (5)
workdays of the lapse of the time limits.
The department head may require the employee and the
immediate supervisor to attend a grievance meeting. The
department head shall communicate a decision in writing within
ten (10) workdays of receiving the grievance or the holding of a
grievance meeting, whichever is longer.
If the response is not made within the time limits or if the
employee is still dissatisfied, the employee may appeal in writing
to the Human Resources Manager.
4. An employee appealing to the Human Resources Manager shall
file a written appeal within five (5) workdays of notice of the
decision referred to in the paragraph above (B-3) or within five (5)
workdays of the lapse of the time limits within which the written
decision was required.
The Human Resources Manager shall then take whatever action
deemed appropriate to resolve the grievance and may require the
employee and the immediate supervisor to attend a grievance
meeting. The Human Resources Manager shall communicate a
decision in writing within ten (10) days of receiving the grievance
or the holding of a grievance meeting, whichever is longer.
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ARTICLE XIX
For employees in the Unclassified service, the Human Resources
Manager's decision is final, and there are no further appeal rights.
Employees in the Classified service may appeal in writing to the
Human Resources Commission if the Human Resources
Manager's response is not made within the time limits, or if the
employee is still dissatisfied. Such appeal shall be filed within
five (5) workdays of notice of the decision or within five (5)
workdays of the lapse of the time limits within which the written
decision was required.
5. The Human Resources Commission shall within thirty (30)
calendar days of receipt of the appeal, set a date for a hearing.
Such hearing date shall be within thirty (30) calendar days from
the date of receipt of the appeal.
6. All of the facts shall be presented to the City Manager, along
with the recommendation of the Human Resources Commission.
The employee shall have the right to meet with the City Manager,
within five (5) workdays from the date the Human Resources
Commission makes a recommendation to the City Manager.
The City Manager shall render a final decision in writing within
ten (1 O) workdays after reviewing the recommendation of the
Human Resources Commission or the holding of a grievance
meeting, whichever is longer.
Section C. GENERAL PROVISIONS
1. The grievant has the right of representation of the grievant's
choice at all formal levels. The Human Resources Manager shall
be notified of the representative, if any.
2. Except by mutual agreement, failure by the employer at any level
to communicate a decision within the specified time limit shall
permit the grievant to proceed to the next level.
3. Except by mutual agreement, failure by the grievant, at any level,
to file or appeal a grievance to the next level within the specified
time limit shall be considered acceptance of the resolution of the
grievance at that level and a grievance may not be appealed to
the next level.
4. Time limits may be waived by the mutual consent of the grievant
and the Human Resources Manager.
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ARTICLE XX DISCIPLINARY ACTIONS
Section A. DISCIPLINARY ACTION: SUSPENSION, SALARY REDUCTION,
DEMOTION, AND DISMISSAL
The appointing powers are vested with the right to discipline or to
dismiss permanent employees as provided by this section.
A permanent employee holding a position in the classified service shall
be subject to suspension without pay, salary reduction, demotion or
dismissed for cause. A permanent employee in the classified service
shall have the right to appeal the suspension without pay, demotion, or
dismissal to the Human Resources Commission. If the appeal is timely,
filed, a hearing will be scheduled by the Human Resources Commission.
Probationary employees are subject to demotion or dismissal without
cause or right to a hearing.
Section B. DISCIPLINARY ACTION: NOTIFICATION AND APPEAL PROCEDURE
A permanent employee who is being suspended, reduced in pay,
demoted or dismissed shall receive from the appointing power a written
statement of the charge(s) upon which the discipline is based, the City
rule(s). policy or regulation violated, together with any written evidence
and/or witness statements the City is relying upon to support the
statement of charges.
The discipline letter shall be hand delivered, either by personal service or
by the City sending the notice by Registered Mail as provided herein
above, the employee shall have 30 calendar days within which to file
with the Human Resources Manager a written request for an appeal
hearing before the Human Resources Commission. The employee may
also elect to file a written answer to the statement of charges at this
time. A copy of the disciplinary letter together with any attachments
and the employee's answer shall be given to the Human Resources
Commission.
An evidentiary hearing shall be scheduled by the Human Resources
Commission. In any hearing regarding suspension, demotion or
discharge of a permanent employee, the appointing power has the
burden of proof. The strict rules of evidence shall not apply to
disciplinary hearing conducted by the Human Resources Commission.
Evidence both oral and in writing may be submitted by each party.
Witnesses shall be sworn and subject to cross examination.
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ARTICLE XX
The employee who is being disciplined shall testify if called as a
witness. Upon request, the employee is entitled to an open or closed
hearing.
Section C. SALARY REDUCTION
An employee may be disciplined by reduction in compensation to any
step in the salary scale applicable to the employee's current
classification or to the classification to which the employee is demoted.
Section D. UNAUTHORIZED ABSENCE
Unauthorized leaves of absence are cause for immediate dismissal.
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ARTICLE XX I
FULL UNDERSTANDING
Section A. This Memorandum of Understanding and attached side-letters contains
all the covenants, stipulations and provisions agreed upon by the parties
and any other prior existing understanding or agreements by the parties,
whether formal or informal, regarding any such matters are hereby
superseded or terminated in their entirety.
It is the intent of the parties that this agreement be administered in its
entirety in good faith during its full term. The Union recognizes that
during such term it may be necessary for Management to make changes
in rules or procedures affecting the employees in the unit and that the
City will meet and confer as required by law, before implementing
changes.
For the life of this agreement it is agreed and understood that the Union
hereto voluntarily and unqualifiedly waives its rights and agrees that the
City shall not be required to meet and confer with respect to any subject
or matter whether referred to or covered in this agreement or not during
the term of this agreement. The parties may mutually agree in writing
to meet and confer on any subject contained in this agreement during
the life of this agreement.
Section B. The parties hereto have caused this Memorandum of Understanding to
be executed this 17th day of November, 1998.
Teamsters Local 911
CITY OF ARCADIA
/s/ RAYMOND HHITMER
Raymond Whitmer
Secretary-Treasurer
Is/ WILLIAM R. KELLY
William R. Kelly
City Manager
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