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HomeMy WebLinkAbout6586RESOLUTION NO. 6586 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,.,APPROVING A MEMORANDUM OF UNDERSTANDING ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR EMPLOYEES REPRESENTED BY THE ARCADIA CITY EMPLOYEES ASSOCIATION ( "ACEA ") FOR JULY 1, 2007 THROUGH JUNE 30, 2010 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 ( "MOU") by and between the City of Arcadia and the Arcadia City Employees Association ( "ACEA ") dated effective as of July 1, 2007, a copy of which is attached hereto. The City Manager is hereby authorized and directed to execute this Memorandum of Understanding on behalf of the City. The salary and benefits for employees represented by ACEA shall be those set forth in the Memorandum of Understanding. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 21st day of August 2007. Mayor of thetCity o Arcadia ATTEST: <Zx'�' 11L( ity Clerk of the City of Arcadia APPROVED AS TO FORM: City Attomey STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6586 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 21 st day of August, 2007 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Amundson, Chandler, Harbicht, Wuo and Segal NOES: None ABSENT: None 5 Z -- � :-- ity Clerk of the City of Arcadia 2 7.9M CITY OF ARCADIA AND ARCADIA CITY EMPLOYEES ASSOCIATION (CONFIDENTIAUSUPERVISORY /PROFESSIONAL UNIT AND GENERAL EMPLOYEE UNIT) MEMORANDUM OF UNDERSTANDING JULY 1, 2007 THROUGH JUNE 30, 2010 TABLE OF CONTENTS Preamble Paqe 1 Article I Parties and Recognition 2 Appropriate Unit 2 Mutual Recommendation and Implementation 3 Authorized Agents 3 Article II Term 4 Savings Clause 4 No Strike Clause 4 Article III Association Rights A. Agency Shop Agreement 6 B. Right To Join 8 C. Use of Bulletin Boards 9 D. Payroll Deduction 9 E. Access to Facilities 10 F. Association Stewards 10 G. Reasonable Notice 11 H. List of Names 12 Article IV Management Rights 13 Article V Compensation 14 Promotion or Advancement 14 Article VI Hours A. Overtime(FLSA) 16 B. Rest Periods 16 C. Work Schedules 17 Article VII Stability Pay A. Stability Pay 18 B. Longevity Pay 18 Article VIII Tuition /Loan Reimbursement 20 Article IX Mileage Reimbursement 21 Article X Health, Dental and Life Insurance 22 Retiree Health Insurance 24 Article XI Disability Income Insurance 26 Article X1 Medical Examinations 27 ACEA 2007 -2010 TABLE OF CONTENTS Article XIII Uniforms 28 Article XIV Leaves of Absence A. Non - Medical Leaves Without Pay 30 B. Family Care and Medical Leaves 31 C. Temporary Military Leave 34 D. Vacation Leave 35 E. Sick Leave 36 F. Bereavement Leave 37 G. Holidays 38 H. Jury Leave 39 I. Court Witness Leave 39 J. Industrial Accident Leave 40 Article XV Probationary Period 41 Article XVI Special Pay A. Acting Pay 42 B. Call -Back Pay 42 C. Bilingual Pay 42 D. Dispatch /Records /CSO Training Pay 42 Article XVII Layoffs 47 E. A. Layoff Procedure 43 B. Re- employment List 43 C. Definitions 44 Article XVIII Personnel Files 45 Article XIX Employee Grievances A. Definitions 46 B. Timeliness 47 C. Employee Representation 47 D. Informal Grievance Procedure 47 E. Formal Grievance Procedure 47 F. Appeal to Human Resources Commission 49 Article XX Disciplinary Action A. Suspension, Salary Reduction, Demotion and Dismissal 55 B. Notification and Appeal Procedure 55 C. Salary reduction 56 D. Unauthorized Absence 56 Article XXI Full Understanding 57 ACEA 2007 -2010 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 Association representatives this Memorandum sets forth the Agreement regarding wages, hours and other terms and conditions of employment for the employees covered by this Memorandum. This Memorandum provides for an orderly means of resolving differences which may arise from time to time during its term. 1 ARTICLE I Section A. Section B. PARTIES AND RECOGNITION (Government Code Sections 3500 et.seg.). The Memorandum of Understanding is made and entered into between the management representatives of the City of Arcadia, hereinafter referred to as the "City" and representatives of the Arcadia City Employees Association, a formally recognized exclusive employee organization, hereinafter referred to as the "Association ", pursuant to the provisions of the Meyers- Milias -Brown Act APPROPRIATE UNIT The classifications covered by this agreement are: Confidential /Supervisory /Professional Unit Accounting Specialist Administrative Assistant — H.R. Assistant Engineer Assistant Planner Associate Civil Engineer Associate Planner Deputy City Clerk Executive Assistant Human Resources Technician Legal Assistant Librarian Principal Librarian Records Coordinator Redevelopment Project Analyst Revenue Collection Specialist Senior Library Technician Senior Police Records Technician Senior Combination Inspector Senior Planner Video Technician /Office Assistant General Employee Unit Accounting Technician I & II Administrative Assistant Building Technician I & II Business License Officer Circulation Services Supervisor Code Services Officer Combination Inspector Community Services Officer Communications & Marketing Specialist I & II Computer Support Specialist Custodian Dispatcher I & II Dispatch Services Supervisor Engineering Aide Engineering Assistant Evidence Technician Fire Administrative Specialist Fire Inspector Historical Museum Education Coordinator Historical Museum Curator Info and Referral Coordinator Information Systems Specialist Library Technician I & II Logistical Services Officer Office Assistant Police Communications Coordinator Police Records Technician I & II Public Works Inspector Public Works Technician Recreation Coordinator Senior Accounting Technician Senior Administrative Assistant Senior Citizens Program Specialist Senior Citizens Project Specialist Senior Code Services Officer Senior Engineering Assistant 2 ARTICLEI (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 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 Cara Wilhelm, President of the Arcadia City Employees Association, 240 W. Huntington Drive, Arcadia, California, 91066 -6021. The duly authorized staff representative is Robin Nahin, Executive Director of City Employees Associates, 254 B Lindero Avenue, Long Beach, California, 90803. Section E. The City agrees to give the Association 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 Association's authorized agent at the same time the agenda is sent to Commission members. The Association shall be responsible for providing the City with the authorized agent's email address. 41 ARTICLE II Section A. TERM The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment and it is mutually agreed that this Memorandum of Understanding shall be effective upon ratification of the City Council effective July 1, 2007 and ending June 30, 2010. 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 the Association, 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 Association 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 Association 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 Association agrees in good faith to actively take affirmative action to cause those employees to cease such action. It is agreed and understood that any employee concertedly violating this article may be subject to disciplinary action up to and including discharge, and /or, may be considered to have automatically resigned from the City service. For purposes of this article, any employee deemed to have automatically resigned shall be eligible to utilize the Grievance Procedure as provided in this Agreement. 3. It is understood that in the event this article is violated, the City shall be entitled to withdraw any rights, privileges, or services provided for in this Agreement or in any other City rules, regulations, resolutions and /or ordinances, from any employee and /or the Association. No such actions Iv ARTICLE U (continued) shall be taken by the City in the event that the Association 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 Association or employees. Upon the expiration of this agreement, this language shall not prevent the Association from engaging in such activities mentioned above, to the extent such activity is otherwise legal for public employees to participate in. 5 ARTICLE Ill ASSOCIATION RIGHTS Section A. AGENCY SHOP AGREEMENT Legislative Author!ty The City of Arcadia (City) and the Arcadia City Employees Association, Confidential, Supervisory, Professional, and General Employee Bargaining Unit (Association) mutually understand and agree that in accordance with State of California law, per adoption of SB 739, and the Agency Shop election held on September 15, 2005, a simple majority of ballots cast by regular employees in classifications represented by the Association 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 Association and pay Association dues; 2. Pay an agency fee for representation; or 3. With a religious exemption, pay a fee equal to the agency fee to be donated to selected charities. The following agency shop provision will be implemented, in conformity with California Government Code Section 3502.5 and applicable law. Association Dues /Agency Fee Collection Effective with the pay period beginning September 4, 2005, the Administrative Services Department shall deduct Association 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 pay or employees who earn a salary less than the Association deduction shall not have an Association dues or agency fee deduction for that pay period. The Association shall notify the City of any agency fee payer who elects to only pay fair share fees, the fee equal to direct representation costs as determined by the Association's certified financial report. The Association 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 September 15, 2005, all new hires in the Confidential, Supervisory, Professional and General Employee Bargaining Unit shall be informed by the Human Resources Division of the Administrative Services Department, at the time of hire, that an Agency Shop agreement is in effect for their classification. The 9 ARTICLE M (continueco employee shall be provided a copy of this agreement, the Memorandum of Understanding and a form, mutually developed between the City and the Association that outlines the employee's choices under the Agency Shop Agreement. The employee shall be provided thirty (30) calendar days from the date of hire to elect their choice and provide a signed copy of that choice to the Administrative Services Department. The Association may request to meet with new hires at a time and place mutually agreed upon between the Department Head and the Association. Failure to Pav Dues /Fees All unit employees who choose not to become members of the Arcadia City Employees Association shall be required to pay to Arcadia City Employees Association a representation service fee that represents such employee's proportionate share of Arcadia City Employees Association 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 Arcadia City Employees Association. Unit employees who attain such status after the effective date of this Agreement shall be subject to its terms thirty (30) days after attaining unit status. Leave Without Pay/Temporary Assignment 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. Religious Exemption Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to pay an agency fee, but shall pay by means of mandatory payroll deduction an amount equal to the agency fee to a non- religious, non -labor charitable organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. Those fees shall be remitted by the City, at the choice of the employee, to one of the following non - labor, non - religious charitable organizations: United Way or American Red Cross. To qualify for the religious exemption the employee must provide to Arcadia City Employees Association, 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 (30) days unless 7 ARTICLE III (continued) notified by Arcadia City Employees Association 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 Association 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 year, a written financial report thereof in the form of a balance sheet certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. The City shall provide the Association a list of all unit members and dues paying status with each Association dues check remitted to the Association. Rescission of Agreement The Agency Shop agreement may be rescinded at any time during the term of the Memorandum of Understanding by a majority vote of all the employees in the bargaining unit. A request for such vote must be supported by a petition containing the signatures of at least thirty percent (30 %)of the employees in the unit. The election shall be by secret ballot and conducted by California State Mediation and Conciliation and in accordance with state law. Indemnification The Association shall indemnify, defend and hold the City harmless from and against all claims and liabilities as a result of implementing and maintaining this agreement. Section B. RIGHT TO JOIN The City and the Association 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 Association shall be required to maintain their membership in the Association 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 Association and to the City during the resignation period. A ARTICLE III (continued) Section C. Section D. The City and the Association agree that neither shall discriminate or retaliate against any employee for the employee's participation or non - participation in any Association activity. USE OF BULLETIN BOARDS The City shall provide for the Association's use, designated bulletin boards where employees in the bargaining unit have access during regular business hours subject to the following conditions: All postings for bulletin boards must contain the date of posting and the identification of the organization; and 2. The Association 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 #105, Police Department and Recreation Center, and regular bulletin boards will be made available in Fire Station #106, and the City Service Center at a location approved by the Department Administrator or City Manager. PAYROLL DEDUCTION The City will deduct from the second paycheck of each month and remit to the Association, pay of Association members the normal and regular monthly Association membership dues as voluntarily authorized in writing by the employee subject to the following conditions: 1. Such deduction shall be made only upon submission of deduction form to the designated City representative. Said form shall be duly completed and signed by the employee. 2. The City shall not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing fifteen (15) days or longer after such submission. Every effort will be made to remit dues to the Association within two weeks of receipt. The Association 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. 0 ARTICLE III (continued) Section E. ACCESS TO FACILITIES All Association business will be conducted by employees and Association representatives outside of established work hours. Nothing herein shall be construed to prevent an Association representative or an employee from contacting the Human Resources Administrator or other management representatives regarding personnel related matters during work hours. The authorized Association Business Agent shall be given access to work locations during working hours provided that prior to visiting any work location the Association representative shall: 1. Contact the Human Resources Administrator or designee, to state the purpose of his /her visit and which location he will be visiting; and 2. The Human Resources Administrator or designee 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 Association Business Agent is denied because it would interfere with the operations of the department, the Human Resources Administrator or designee shall set an alternative time and /or location for such visit within 72 hours. The Association 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. ASSOCIATION 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 Association may determine. The Association 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 10 ARTICLE M (continued) be permitted one day off without pay each calendar year to attend a training session. Advance written notice of no less than fourteen (14) calendar days shall be given to each steward's supervisor. 3. Association Stewards are allowed reasonable release time to participate in meetings related to negotiations. In addition, a steward shall be provided release time during his /her regular work hours for the purposes of: • Representation at a meeting that is reasonably expected to result in discipline when the Association Business Agent is not available to be present. • Representation at a grievance hearing. • Special meeting with Human Resources Administrator, or designee, and Association Business Agent to resolve problems within the scope of bargaining. • A fifteen (15) minute orientation period with new hires at the beginning of a new employee orientation conducted by the Human Resources Division. No release time is provided for the preparation, investigation, or processing of disciplinary issues, grievances, or other Association business. To facilitate the process, the Steward shall contact the Human Resources Administrator or designee to arrange the time to conduct Association 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 Administrator. Time spent on steward activities outside of normal working hours is not compensable. Section G. 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 Association outlining the area(s) of concern, together with the Association'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 Association and the chief shop steward a copy of the agendas for each City Council and /or Human Resources Commission meeting. 11 ARTICLE III (continued) Section H. LIST OF NAMES The Association 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. 12 ARTICLE IV MANAGEMENT RIGHTS Section A. Except as limited by the specific and express terms of this Agreement, the City hereby retains and reserves unto itself all rights, powers, authority, duty and responsibilities confirmed on and vested in it by the laws and the Constitution of the State of California, the Charter of the City of Arcadia and /or the laws and Constitution of the United States of America. The management and the direction of the work force of the City is vested exclusively in the City, and nothing in this Agreement is intended to circumscribe or modify the existing rights of the City to direct the work of its employees; hire, promote, demote, transfer, assign and retain employees in positions within the City, subject to the Personnel Rules and Regulations of the City; suspend or discharge employees for proper cause; maintain the efficiency of governmental operations; relieve employees from duties for lack of work or other good reason; take action as may be necessary to carry out the City's mission and services in emergencies; and to determine the methods, means and personnel by which the operations are to be carried out, including the right to subcontract unit work. 13 ARTICLE V COMPENSATION Section A. The City shall continue to pay 7% of the employee's contribution to the Public Employee's Retirement System. Effective October 1, 2008, the City shall amend the existing contract with CalPERS to provide the 2.5% @ 55 retirement formula, subject to an affirmative vote of affected City employees. The City shall pay 7% of the employee's contribution with the employees contributing 1 % on a pre -tax basis. The City shall pay seven percent (7 %) of the employees' compensation earnable as Employer Paid Member Contributions and report the same percent of compensation earnable as special compensation. The City agrees to contract with PERS to provide Association with a Military Service Credit option. It is agreed and understood that the employee is responsible for paying for this benefit. The City of Arcadia conducted a Labor Market Salary Survey completed in April 2007 and revised in June 2007. The Survey utilized a labor market for the City, which included salary data for the cities of: Alhambra, Burbank, Covina, Downey, El Monte, Gardena, Glendora, Monrovia, Monterey Park, Norwalk, Pasadena, West Covina and Whittier. The recommended 60 percentile salary range adjustments, rounded to the nearest 2.5% increment, shall be effective June 24, 2007, 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 July 1, 2007 salary. If the recommended salary schedule as identified in the compensation study is greater than 5 %, those employees will receive the balance effective July 1, 2008; provided an employee's salary shall not exceed the top step of their salary range. The new salary schedule is attached as Appendix A. Upon adoption of this Agreement, a one -time payment of $750.00 less applicable deductions, if any, shall be made to represented employees not receiving an adjustment from the compensation study completed in April 2007 and revised in June 2007. Effective October 1, 2008 and July 1, 2009 the City will increase salaries for all members 1 % and 1.38% respectively. The City and Association agree to re -open the MOU on or about December 1, 2009, for the sole purpose of meeting and conferring, with respect to the next compensation study, if the City chooses to conduct another study. 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 14 ARTICLE V (continued) amount. Such one step of approximately 5.0% shall be measured by the range from which the employee is promoted. 2. When an employee is promoted to a higher classification, the date of promotion shall be used in determining the date of future step increases. Section C. The parties acknowledge that the percentages between steps within a range are approximately 2.5 %. Section D. The advancement through the salary steps is discretionary based upon satisfactory performance and continuous service in the same classification. The following schedule is the continuous service time required for a qualified employee to receive each step increase: A Step to C Step: 6 months All other Steps: 12 months Salary step advancements may be withheld or delayed by the appointing authority if an employee's performance does not merit such an advancement. During the term of this agreement, individuals will advance in their rates of compensation two steps (approximately 5.0 %) on their anniversary date upon receiving a satisfactory performance evaluation. 15 ARTICLE Vl HOURS Section A. OVERTIME With the approval of the City Manager, and when necessary to perform essential work, a Department Administrator may require an employee(s) to work at any time other than during regular working hours until such work is completed. Represented employees required to be in a work status beyond forty (40) hours in a designated work week, or to work in excess of the regularly scheduled shift, shall be paid at the rate of one and one -half times the employee's regular hourly rate. For purposes of overtime calculation, paid sick leave when accompanied by a doctor's slip verifying illness and all other paid leave time shall be regarded as hours worked. No overtime credit shall be allowed for any period less than one - quarter hour. Overtime shall be rounded to the nearest one - quarter hour. When a represented employee is directed by his /her Department Administrator or the City Manager to attend classes or City functions at times other than regularly scheduled work hours which cause the employee to be in a work status in excess of 40 hours in a designated work week, the employee shall be paid at the rate of time and one -half the employee's regular rate of pay. This does not apply to classes or other functions which the employee voluntarily attends. The Department Administrator or City Manager may permit an employee to take compensatory time in lieu of paid overtime. With Department Administrator approval, represented employees shall be permitted to accumulate compensatory time only to a maximum of one hundred (100) hours. When the maximum level of compensatory time is reached, overtime shall be paid. The scheduling of compensatory time off shall not result in the pyramiding of overtime. An employee who has accrued compensatory time and requested use of accrued compensatory time, shall be permitted to use such time off within a reasonable period after making the request, if such use does not unduly disrupt the operation of the City. An employee's request to use compensatory time shall not be denied on the basis that it would require the payment of overtime to the replacement employee. The City will assist employees by posting the opportunity, however, it is the responsibility of the employee to find coverage. Section B. REST PERIODS Represented employees, except Dispatcher I's and Dispatcher 11'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 16 ARTICLE VI (continued) are not cumulative and may not be taken concurrently with lunch periods. Section C. WORK SCHEDULES The City may establish and change work schedules, work times and work hours, and assign employees thereto, in its sole discretion; provided, however, if the City decides to eliminate a current alternate work schedule (5/40, 9/80, 4/10, 3/12 or 3/13.20), the City agrees it will meet and confer with the Association prior to eliminating the alternate work schedule. If, after meeting and conferring with the Association, 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. 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. Employees assigned to rotating schedules shall be allowed to conduct mutually agreed upon shift trades for each rotation, subject to management's right to deny or limit such trades due to operational reasons which include, but are not limited to, an employee's probationary status, an employee's performance issues, or employee training. 17 ARTICLE V// STABILITY PA MONGEVITY PA Y Section A. STABILITY PAY This feature of the Pay Plan is intended to encourage stability of employment by recognizing years of service with compensation. The plan pays $25 per year for each year of consecutive service up to a maximum of twenty (20) years of service. An employee is not eligible to receive stability pay until they have completed five (5) years of consecutive service. The following is the schedule of how stability pay is calculated. Completed Years Completed Years of Service Amount of Service Amount 11 $275 16 $400 12 $300 17 $425 13 $325 18 $450 14 $350 19 $475 15 $375 20 $500 Cash stability payments are made once a year between December 1 and December 10 only to employees on the payroll as of December 1. Stability payments will be paid on a pro -rata basis to employees that retire or are laid off prior to December 1, provided they meet all eligibility requirements. Stability pay will only be applicable to employees who were hired prior to January 1, 1984. Section B. LONGEVITY PAY Effective December 1, 2006, a Longevity Pay benefit will be implemented based on the following formula: Completed Years of Service 5- 9Years 10 — 14 Years 15 Years and beyond Amount Per Year $1,000 $1,500 $2,000 W= ARTICLE V11 (continued) Cash longevity payments are made once a year between December 1 and December 10 only to employees on the payroll as of December 1. There is no pro- ration of this benefit. The foregoing amounts shall be subject to applicable payroll deductions. 19 ARTICLE M TUITION LOAN /REIMBURSEMENT Section A. The Tuition Loan /Reimbursement Program will operate on a fiscal year basis (July 1 through June 30). Maximum tuition reimbursement, including on campus parking fees and textbooks shall be paid at the California State University rates plus $100 per year for qualified expenses. School supplies are not reimbursable. The tuition loan or reimbursement shall only be for courses that are directly related to the employee's position as determined by the City Manager. Only courses, specialized training, or degree programs "job- related" to permanent full -time positions will be considered for tuition loan or reimbursement. All course work must be completed while employed by the City of Arcadia with passing grade of "C" or equivalent when numerical score or pass /fail grade is given. Any employee who shall terminate employment within one (1) 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. 20 ARTICLE IX MILEAGE REIMBURSEMENT Section A. Mileage is reimbursed at a rate established by the City for travel in an employee's personal vehicle in connection with City business. Prior approval must be obtained from the immediate supervisor or Department Head. If travel is required 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. 21 ARTICLE X HEALTH, 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. Effective January 1, 2008, the City shall pay up to a maximum of $688.00 per month per employee for coverage. Effective July 1, 2009, the City shall pay up to a maximum of $795.00 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 permanent part-time employee for coverage. Effective January 1, 2008, the City shall pay up to a maximum of $344.00 per month per permanent part-time employee for coverage. Effective July 1, 2009, the City shall pay up to a maximum of $397.50 per month per permanent part-time employee. For permanent part -time employees, if the City's contribution exceeds the cost of employee only coverage, the difference may be contributed toward the cost of dependent coverage only. If the premium cost of the health plan exceeds the City's contribution, the employee shall pay through payroll deduction the difference between the monthly premium and the amount contributed by the City. The employee's exercise of the option to use the difference toward dependent health coverage or the deferred compensation plan is subject to the conditions controlling enrollment periods and eligibility established by the respective plans or carriers. Section B. Effective July 1, 2007 the City shall provide regular full -time employees in a classification represented by this Agreement with the option to elect the following contributions in lieu of the contributions provided in Section A of this Article: 1. CaIPERS Health Program The City will contribute $16 per month per employee for health insurance. 2. Dental Insurance — mandatory enrollment The City will contribute $13.20 per month for employee only enrollment in one of the two dental plans. Additional coverage may be purchased through the Optional Benefits allocation. 22 ARTICLE X (continued) 3. Optional Benefits The City shall contribute $565.80 per month per eligible employee toward an optional benefits plan. Effective January 1, 2008, the City shall contribute $658.80 per month per eligible employee toward an optional benefits plan. Effective July 1, 2009, the City shall contribute $765.80 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 sign a waiver and refusal of coverage during open enrollment. Dependent enrollment will require proof of eligibility for dependent status such as a marriage, birth and adoption certificate. 4. Life Insurance The City shall provide a $25,000 life insurance benefit for eligible employees. 5. The City shall provide each employee with a vision plan, with the City paying the premium in fiscal years 2007/08, 2008/09 and 2009/10. 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, 2007, the City shall provide permanent part-time employees in a classification represented by this Agreement with the option to elect the following contributions in lieu of the contributions provided in Section A of this Article: 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. Effective January 1, 2008, the City shall contribute $329.40 per month per eligible employee toward an 23 ARTICLE X (continued) optional benefits plan. Effective July 1, 2009, the City shall contribute $382.90 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 sign a waiver and refusal of coverage during open enrollment. Dependent enrollment will require proof of eligibility for dependent status such as a marriage, birth and adoption certificate. Section D. 4. Life Insurance The City shall continue to provide a $25,000.00 life insurance benefit for eligible employees. 5. The City shall provide each employee with a vision plan, with the City paying the premium in fiscal years 2007/08, 2008/09 and 2009/10. This vision plan will be Vision Service Plan, Option B. The City will pay the premium up to the cost of the family plan. RETIREE HEALTH INSURANCE For employees retiring from the City on or after July 1, 2007, the City agrees to pay the employee and spouse health insurance monthly premium at an amount not to exceed the PERS Choice premium for eligible City retirees from the classifications represented by this Agreement. An eligible retiree is an employee who retires from City service on a service, disability, or industrial disability retirement and has one thousand (1000) hours of accumulated sick leave at the date of retirement. Payment shall cease for the retiree upon eligibility for Medicare coverage, and payment shall cease for the spouse upon eligibility for Medicare coverage or after 15 years, whichever occurs first. If the retired employee and /or spouse have other group medical coverage available, 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, and if applicable, the employee's spouse, 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. 24 ARTICLE X (continued) 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 three hundred fifty (350) 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; provided, however, upon verification of information from a qualified medical provider that an employee has substantially depleted the employee's sick leave accrual due to an absence or absences caused by a serious illness or injury suffered by the employee or a family dependent living in the employee's household, this purchase limitation of 350 hours will be excused. 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 up to 350 hours to meet the thousand (1000) hours accumulated sick leave requirement; provided, however, upon verification of information from a qualified medical provider that an employee has substantially depleted the employee's sick leave accrual due to a an absence or absences caused by a catastrophic, life threatening illness or injury suffered by the employee or a family dependent living in the employee's household, this conversion limitation of 350 hours will be excused. Effective February 1, 1999 retirees will be subject to the terms of the CaIPERS Health Program. In this program the City will pay to CalPERS $1.00 per month for the retiree's health insurance. This amount increases annually by 5% until it is equal to the City contribution for active employees of $16.00 per month. The difference between this contribution and the employee only cost of the insurance selected by the retiree will be refunded to the retiree by the City on a monthly basis based on a report by CalPERS of the retiree's continued enrollment. 25 ARTICLE XI DISABILITY INCOME INSURANCE Section A. The City shall provide disability income insurance up to a maximum total monthly payment of $12.81 per eligible employee, as currently defined by the insurer to be an employee who works at least 30 hours per week, during the life of the Agreement. 26 ARTICLE X11 MEDICAL EXAMINATIONS Section A. All medical examinations required by the City shall be paid for by the City in accordance with the City of Arcadia Personnel Rules and Regulations. Section B. An employee, at any time, may be required by the appointing power to take a medical examination, paid for by the City, to determine fitness for duty. 27 ART/CLEXIII UNIFORMS Section A. Upon hire, the City shall provide the following employees with seven (7) sets of uniforms consisting of shirts and trousers. • Communication Specialist • Custodian Upon hire, the City shall provide the following employees with five (5) shirts: • Public Works Inspector Code Services Officer • Combination Inspector • Senior Code Services Officer Upon hire, the City shall provide the following employees with four (4) sets of uniforms consisting of long sleeve shirt, short sleeve shirt, pants /skirt, cross - tie /tie, and one sweater or one medium weight uniform jacket. • Community Services Officer • Dispatcher 1 /II • Dispatcher Services Supervisor • Evidence Technician • Logistical Services Officer • Fire Inspector • Fire Administration Specialist • Police Records Technician 1 /11 • Senior Police Records Technician • Office Assistant (assigned to the Fire & Police Department) Uniforms shall be replaced on an as needed basis, pursuant to department procedures. In addition to the above uniforms, the City shall provide polo shirts for the following employees: • Communications Specialist (4) • Police Records Technician 1 /II (2) • Dispatcher I /ll (2) • Dispatch Services Supervisor (2) • All other employees represented by this MOU shall receive one (1) Polo shirt yearly. Section B. Upon termination of employment the employee shall turn in all uniforms issued or shall have a dollar amount equal to the lost uniform cost deducted from the employee's final check. 99 ARTICLE X111 (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, Senior Code Services Officer, Code Services Officer, Community Services Officer, Custodian, Fire Inspector, and Public Works Inspector. The City shall designate safety shoe standards for the above classifications. A purchase order, not to exceed the maximum fiscal year amount referred to above, shall be provided upon the employee's request. Once the employee has purchased safety shoes in this manner, the safety shoe shall be required footwear. Wearing of safety shoes is limited to City work hours. M ARTICLEXIV LEAVES OFABSENCE 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/her 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/her 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. 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 Division of his /her intent to continue coverage and to remit the full monthly premium for any coverage to the Administrative Services Department. 30 ARTICLE XIV (continued) Section B. FAMILY CARE AND MEDICAL LEAVES Upon the written request of an employee stating the reasons therefore, the appointing power with the approval of the City Manager shall have power to grant Family Care and Medical Leaves. In accordance with the Federal Family and Medical Leave Act ( "FMLA ") and the California Family Rights Act ( "CFRA "), the City of Arcadia will provide family and 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; 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 31 ARTICLE XIV (continued) 3) A single visit to a health care provider that results in a regimen of continuing treatment under the supervision of the health care provider (e.g. medication therapy). b. Leave is only permitted for the following reasons: 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: Has been employed for at least 12 months; and 2. Has been employed for at least 1,250 hours during the 12 -month period immediately preceding the commencement of the leave. d. Eligible employees are entitled to a total of 12 workweeks of leave during any 12 -month period. The 12 workweek period does not include leave taken for an employee's pregnancy disability pursuant to Government Code Section 12945.2. An employee's entitlement to leave for the birth or placement of a child for adoption or foster care expires 12 months after the birth or placement. e. Employee Benefits While on Leave Leave under this policy is unpaid. While on leave, employees will continue to be covered by the City of Arcadia's group health insurance to the same extent that coverage is provided while the employee is on the job. Employees may make the appropriate contributions for continued coverage under the proceeding benefit plans by payroll deductions or direct payments made to these plans. Employee contribution rates are subject to any change 32 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 the City's expense. When the second opinion differs from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, at the City's expense. The opinion of the third provider will be binding. If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is medically necessary. "Medically necessary" means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule. 33 ARTICLE XIV (continued) h. Although the City of Arcadia recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. If leave is foreseeable, at least 30 days notice is required. In addition, if an employee knows that he /she will need leave in the future, but does not know the exact date(s) (e.g. for the birth of a child or to take care of a newborn), the employee shall inform his /her supervisor as soon as possible that such leave will be needed. If the City of Arcadia determines that an employee's notice is inadequate or the 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 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 any one (1) 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. 34 ARTICLE XIV (continued) This leave provision does not apply to employees who are drafted or receive orders to military duty for periods longer than 180 calendar days. Employee's rights to return to vacant positions after an absence that exceeds 180 calendar days shall be governed by the applicable Federal and State law. Section D. VACATION LEAVE 1. Accumulated vacation leave shall be granted at the discretion of the appointing power. 2. Vacation may not be accumulated beyond the amount accumulable for a sixty -five (65) pay period basis. Once an employee has accumulated this amount, no more vacation will be accrued by the employee until the employee's accrual has been reduced below this maximum amount. When through work circumstances and needs of the job, an employee has been unable to utilize vacation time and this has not been a pattern or 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. 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. 4. 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 /her rate of compensation applicable at the time he /she 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. 5. 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. 35 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 80 hours 6 -10 years 120 hours 11 -15 years 136 hours 16+ years 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. 6. Vacation scheduling for the dispatch, records, and community services officer work sections, excluding supervisory and management employees, shall be determined by seniority within each work section, provided that the employee's vacation request is made within one month prior to the applicable master vacation schedule. Requests made during the applicable period of the master vacation schedule will be considered on a first come, first served basis. 7. Employees may elect to sell back vacation during a calendar year equal to the amount of vacation taken during the year, by the date of the request, not to exceed a maximum of 80 hours in the calendar year. Section E. SICK LEAVE 1. 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. 2. 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. 3. 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 36 ARTICLE XIV (continued) during regular working hours. Every effort shall be made to schedule appointments during non - working hours. 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 /her 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 /her 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 of three (3) shifts. 37 ARTICLE XIV (continued) 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 city -wide 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 city -wide 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 city -wide holiday, the floating holiday(s) shall cease and eligible employees shall receive the city -wide holiday. 4. Each employee in a classification represented by this MOU shall be allowed eight (8) hours floating holiday for his /her birthday to be scheduled by the employee in the same manner as vacation days are scheduled. Floating holidays do not carry over from calendar year to calendar year. Failure to schedule the day off within the calendar year shall result in its loss. 5. An employee required to work or attend a class or function on any holiday allowed to him by this Section shall be paid for the holiday, and in addition, he shall be compensated in accordance with the applicable overtime rules. A holiday allowed by this Section occurring during any leave of absence with pay W ARTICLE XIV (continued) Section H. Section I. shall be added to the number of working days' leave of absence to which such employee is entitled. 6. For full -time employees assigned to an alternate work week, and scheduled to work 9 or more hours, but for the holiday would have been scheduled to work 9 or more hours, the employee may use accrued vacation time, accrued comp time, floating holiday time or unpaid leave to make up any difference between the provided nine hours of holiday pay and the actual number of regularly scheduled working hours for a designated holiday. For example, if a holiday falls on a day an employee is scheduled to work ten (10) hours, the employee shall receive nine (9) hours of holiday pay and be permitted to use other accrued leaves to make up the extra hour for that day. 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. 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. COURT WITNESS LEAVE City Manager, an employee may be granted leave with pay during his /her 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. 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 39 ARTICLE X/V (continued) Section J. INDUSTRIAL ACCIDENT LEAVE Industrial accident leave shall be granted only to employees with three (3) or more full years of continuous service with the City. Industrial accident leave shall be allowed for a maximum of ten (10) months from and after the date of injury. Industrial accident leave shall be equivalent to the employee's regular base salary and any temporary disability compensation payment required by law shall be deducted from the industrial accident leave payment. Lost time due to an injury on duty shall not be charged against an employee's accumulated sick leave after all industrial accident leave is expended. 3. Compensation shall continue until the employee returns to work, industrial accident leave is exhausted, or it is medically determined that there is a permanent disability which precludes return to regular duties, whichever occurs first. 4. The City reserves the right to require an employee to furnish proof from a physician of the cause and necessity of absence during an industrial accident leave. 5. "Industrial accident" as used in this Article, is defined as any illness or injury arising directly out of the employment of the employee which forces the employee to absent himself /herself from work upon the advice of a physician. The determination of whether an illness or injury results from an industrial accident shall be made by the City in consultation with its Workers' Compensation administrators. M ARTICLE XV PROBATIONARY PERIOD Section A. The probationary period is part of the examination process. It is a work -test period during which the employee's performance and conduct on the job are evaluated to determine whether or not the employee is fully qualified for permanent appointment. During the probationary period, a probationer may be released, or demoted if permanent status is held in a lower classification, without the right of appeal, if the appointing power deems the probationer unfit or unsatisfactory for service. When a provisional appointment is made to a probationary position and subsequently the appointee is appointed to the position as a probationary employee, with no time interval between the provisional and probationary appointment, the "employment date" as herein defined, shall be the date first appointed on a provisional basis. Section B. All eligible candidates appointed to a position from an open competitive examination and who are not currently employed in a permanent position shall be on probation for twelve (12) months before attaining permanent status. For the classifications of Dispatcher I, Dispatcher 11, Community Service Officer, and Police Records Technician 1 /11 and Senior Police Records Technician the probationary period for all eligible candidates appointed from an open competitive examination and who are not currently employed in a permanent position, shall be eighteen (18) months. Eligible candidates appointed from a promotional list to these classifications, (except Dispatcher I promoting to a Dispatcher 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 Administrator. 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. 41 ARTICLE XVI SPECIAL PAY 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 percent (5 %) above their current rate of pay or 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 fifteen (15) employees may be certified as bilingual by the City. Once certified, the employee shall receive a bilingual pay stipend of $75 per month. Any employee who is not certified as bilingual by the City shall not be required to use a language other than English. However, when a member of the public, who does not speak English asks an employee for assistance in a language other than English that the employee understands, the employee shall make a reasonable effort to communicate with the member of the public in a polite and professional manner. Section D. DISPATCH /RECORDS /CSO TRAINING PAY During the term of this Agreement, a Dispatcher, Records Technician or CSO assigned by the Police Chief or his /her designee to perform the extra duty and responsibility of training new employees shall receive $50.00 per pay period, in addition to their base salary, only while in the capacity of training new employees. 42 ARTICLEXVII LAYOFFS 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 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 the layoff. Re- employment lists shall remain effective for eighteen (18) months from the effective date of separation from service. Failure of the employee on the re- employment list to provide the City their current address shall result in the employee's name being removed from the eligibility list. 43 ARTICLE XVII (continued) 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 (12) 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 any one of the last three (3) 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. C�! ARTICLE XVlll PERSONNEL FILES Section A. The City shall maintain a central personnel file for each employee in the Human Resources Division. 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 recruitments. ARTICLE XIX EMPLOYEE GRIEVANCES Section A. DEFINITIONS 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. Department Head The Department Head or Designee. 4. Work day A work day is any day the City offices are regularly open for business. Exclusions from the Grievance Procedure a. The procedure is not to be used for the purpose of changing wages, hours and working conditions. Allegations involving wages, hours and working conditions may thus be grieved only if the grievance involves a misapplication or misinterpretation of an express provision of the MOU or a City /Department Personnel Rules and Regulations. b. The procedure is not intended to be used to challenge the content of employee evaluations or performance reviews. Allegations that the City has failed to comply with an evaluation procedure set forth in a specific provision of the MOU and /or City /Department Personnel Rules and Regulations are grievable. C. The procedure is not intended to be used to challenge a reclassification, layoff, transfer, denial of reinstatement, or denial of a step or merit increase. Notwithstanding the above, if the process used to reach the foregoing decisions is not in compliance with an express provision of the MOU and /or City /Department Personnel Rules and Regulations, a grievance may be filed. M ARTICLE X/X (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/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 /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/her immediate supervisor, within ten (10) working days after the informal discussion with the immediate supervisor, the employee shall present the grievance in writing to the next level supervisor on the official City grievance form setting forth the following information: a. The specific section of the rules or MOU allegedly violated. 47 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 informal stage. f. The remedy requested. A copy of the grievance shall be provided to the Human Resources Division of the Administrative Services Department concurrently with presentation to the immediate supervisor. The next level supervisor shall render a decision in writing, on the grievance form, within ten (10) working days after receiving the grievance. 2. Department Head Review If the employee does not agree with the decision of the next level supervisor, within ten (10) working days after receiving the next level supervisor's decision or twenty (20) days from the date the next level supervisor received the grievance but failed to issue a decision, the employee shall present the grievance in writing, on the grievance form, to the Department Head. The Department Head may require the employee and the immediate supervisor to attend a grievance meeting. The Department Head shall communicate a decision in writing within ten (10) working days of receiving the grievance or within ten (10) working days of holding a grievance meeting whichever is longer. 3. Human Resources Administrator If the employee is not in agreement with the decision reached by the department head, within ten (10) working days after receiving the Department Head's decision or twenty (20) days from the date the Department Administrator received the grievance but failed to issue a decision, the employee shall present the grievance in writing to the Human Resources Administrator on the official City grievance form. The Human Resources Administrator may require the employee and the immediate supervisor to attend a grievance meeting. The Human Resources Administrator 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. iM ARTICLE XIX (continued) 4. Human Resources Commission If the employee is not in agreement with the decision of the Human Resources Administrator or if the Human Resources Administrator 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 Administrator's decision or twenty (20) days from the date the Human Resources Administrator received the grievance but failed to issue a decision. Section F. APPEAL TO HUMAN RESOURCES COMMISSION 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. EM ARTICLE XIX (continued) b. Exhibits and Witness Lists Five (5) working days prior to the date set for the hearing, each party shall serve upon the other party and submit to the Human Resources Division of the Administrative Services Department a list of all witnesses and a list and copy of all exhibits. An original and nine (9) copies of the exhibits shall be presented to the Human Resources Division of the Administrative Services Department in 3 hole notebooks which are tabbed down the side with the exhibit numbers. The employer's exhibits shall be designated by number. The employee's exhibits shall be designated by alphabetical letter. Neither party will be permitted to call during the hearing, a witness not identified pursuant to this section nor use any exhibit not provided pursuant to this section unless that party can show that they could not reasonably have anticipated the prior need for such witness or such exhibit. C. Statement of Issues Five (5) working days prior to the date set for the hearing, each party shall submit to the Human Resources Division of the Administrative Services Department a Statement of Issues. 4. Submission to the Human Resources Commission Five (5) working days prior to the date set for the hearing, the Human Resources Division of the Administrative Services Department shall present each member of the Human Resources Commission with a copy of the jurisdictional documents. Those documents include the grievance documents at each level and the responses to the grievance. 5. Payment of Employee Witnesses Employees of the City who are subpoenaed to testify during working hours will be released with pay to appear at the hearing. The Commission may direct that these employees remain on call until called to testify. Employees who are subpoenaed to testify during non - working hours will be compensated for the time they actually testify, unless the City agrees to a different arrangement. 6. Conduct of the Hearing a. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses but hearings shall be conducted in a manner most conducive to determination of the truth. 50 ARTICLE XIX (continued) b. Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. C. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence that shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. d. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. e. Irrelevant and unduly repetitious evidence may be excluded. f. The Human Resources Commission shall determine relevancy, weight and credibility of testimony and evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. g. During examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party. h. The Human Resources Commission may conduct the hearing or delegate evidentiary and /or procedural rulings to its legal counsel. 7. Burden of Proof In a grievance appeal the grievant has the burden of proof by preponderance of the evidence. 8. Proceed with Hearing or Request for Continuance Each side should be asked if it is ready to proceed. If either side is not ready and wishes a continuance, good cause must be stated. Any request for a continuance must be made in writing and submitted prior to the hearing to all parties. Before requesting a continuance, the moving party shall contact all parties to determine if there is any opposition to the continuance and shall state in its request if there is opposition. 9. Testimony under Oath All witnesses shall be sworn in for the record prior to offering testimony at the hearing. The chairperson will request the witnesses to raise their right hand and respond to the following: 51 ARTICLE XIX (continued) "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. The grievant followed by the respondent may offer rebutting evidence. g. Closing arguments shall be permitted at the discretion of the Human Resources Commission. - The party with the burden of proof, shall have the right to go first and to close the hearing by making the last argument. The Commission may place a time limit on closing arguments. The Commission or the parties may request the submission of written briefs. After the request for submittal of written briefs, the Commission will determine whether to allow the parties to submit written briefs and determine the number of pages of said briefs. 11. Procedure for the Parties The party representing the department and the party representing the employee will address their remarks, including objections, to the Chair of the Human Resources Commission. Objections may be ruled upon summarily or argument may be permitted. The Chair reserves the right to terminate argument at any time and issue a ruling regarding an objection or any other matter, and thereafter the representatives shall continue with the presentation of their case. 52 ARTICLE XIX (continued) 12. Right to Control Proceedings While the parties are generally free to present their case in the order that they prefer, the Chair reserves the right to control the proceedings, including, but not limited to, altering the order of witnesses, limiting redundant or irrelevant testimony, or by the direct questioning of witnesses. 13. Hearing Demeanor and Behavior All parties and their attorneys or representatives shall not, by written submission or oral presentation, disparage the intelligence, ethics, morals, integrity or personal behavior of their adversaries or members of the Commission. 14. Deliberation Upon the Case The Commission will consider all oral and documentary evidence, the credibility of witnesses, and other appropriate factors in reaching their decision. The Commission may deliberate at the close of the hearing in closed session or at a later fixed date and time not to exceed ten (10) working days. 15. Recommended Decision The Human Resources Commission shall render it's recommendations as soon after the conclusion of the hearing as possible, and no event, later than ten (10) working days after concluding the hearing, unless otherwise stipulated to by the parties. The recommended decision shall include an explanation of the basis for the decision. The Human Resources Commission shall not be polled as to their decision by the grievant or the grievants counsel. 16. Recommendation to the City Manager The decision of the Human Resources Commission is advisory to the City Manager. The proposed decision shall be provided to the grievant and the City Manager. Either the employee or the department may file a written appeal to the proposed decision, by filing exceptions thereto with the Human Resources Administrator 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. 53 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. 54 ARTICLEXX DISCIPLINARY ACTIONS Section A. 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. 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 Administrator a written request for an appeal hearing before the Human Resources Commission. The employee may also elect to file a written answer to the statement of charges at this time. A copy of the disciplinary letter together with any attachments and the employee's answer shall be given to the Human Resources Commission. An evidentiary hearing shall be scheduled by the Human Resources Commission. In any hearing regarding suspension, demotion or discharge of a permanent employee, the appointing power has the burden of proof. The strict rules of evidence shall not apply to disciplinary hearing conducted by the Human Resources Commission. Evidence both oral and in writing may be submitted by each party. Witnesses shall be sworn and subject to cross examination. The employee who is being disciplined shall testify if called as a witness. Upon request, the employee is entitled to an open or closed hearing. 55 ARTICLEXX (continued) Section C. SALARY REDUCTION An employee may be disciplined b y scale applicable to the employee's the employee is demoted. reduction in compensation to any step in the salary current classification or to the classification to which Section D. UNAUTHORIZED ABSENCE Unauthorized leaves of absence are cause for immediate dismissal. 56 ARTICLE"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 Association 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 Association 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 I day of August, 2007 Arcadia City Employees Association City of Arcadia Cara Wilhelm President . A OAOX William R. Kelly City Manager 57 Appendix A CITY OF ARCADIA SALARY RANGE JULY 1 2007 TO SEPTEMBER 30, 2008 ACEA Range Number Title Step A Stop B Step C Step D Step E Step F Step G Step H Step I Step J 39 Custodian $2,429 $2,490 $2,552 $2,616 $2,681 $2,748 $2,817 $2,887 $2,959 $3,033 40 Police Records Tech 1 $2,490 $2,552 $2,616 $2,681 $2,748 $2,817 $2,887 $2,959 $3,033 $3,109 41 $2,552 $2,616 $2,681 $2,748 $2,817 $2,887 $2,959 $3,033 $3,109 $3,187 42 Library Tech 1 $2,616 $2,681 $2,748 $2,817 $2,887 $2,959 $3,033 $3,109 $3,187 $3,266 43 Accounting Technician 1 $2,681 $2,748 $2,817 $2,887 $2,959 $3,033 $3,109 $3,187 $3,266 $3,348 44 Police Records Technician II $2,748 1 $2,817 $2,887 $2,9591 $3,033 $3.1091 $3,187 $3,2661 $3,348 $3,431 45, Office Assistant $2,817 $2,887 $2,959 $3,0331 $3,109 $3,1871 $3,266 $3,348 $3,431 $3,517 46 Historical Museum Ed. Cord. $2,887 $2,959 $3,033 $3,109 $3,187 $3,2661 $3,348 $3,431 $3,517 $3,604 Library Tech II 47 Accounting Technician II $2,959 $3,033 $3,109 $3,187 $3,266 $3,348 $3,431 $3,517 $3,604 $3,694 Info and Referral Coord Recreation Coordinator Senior Citizens Project Spec. 48 Dispatcher 1 $3,033 $3,109 $3,187 $3,266 $3,348 $3,431 $3,517 $3,604 $3,694 $3,787 Sr. Police Records Tech 49 Administrative Assistant $3,109 $3,187 $3,266 $3,348 $3,431 $3,5171 $3,604 $3,694 $3,787 $3,882 Senior Citizens Program Specialist 50 Building Technician 1 $3,187 $3,266 $3,348 $3,431 $3,517 $3,604 $3,694 $3,787 $3,882 $3,979 Communi Services Officer En ineerin Aide 51 $3,266 $3,348 $3,431 $3,517 $3,604 $3,694 $3,787 $3,882 $3,979 $4,078 52 Senior Library Technician $3,348 $3,431 $3,517 $3,604 $3,694 $3,787 $3,882 $3,979 $4,078 $4,180 53 $3,431 $3,517 $3,604 $3,6941 $3,787 $3,882 $3,979 $4,078 $4,180 $4,284 Senior Accounting Technicial 54 Communications & Marketing Specialist 1 $3,517 $3,604 $3,694 $3,787 $3,882 $3,979 $4,078 $4,180 $4,284 $4,391 Building Technician 11 Dispatcher 11 , Logistical Services Officer Sr. Administrative Assistant 55 Accounting Specialist $3,604 $3,694 $3,787 $3,882 $3,979 $4,078 $4,180 $4,284 $4,391 $4,500 Business License Officer Code Services Officer Fire Administrative Specialist Records Coordinator Appendix A CITY OF ARCADIA SALARY RANGE JULY 1 2007 TO SEPTEMBER 30, 2008 ACEA Range Number Title Step A Step B Step C Step D Step E Step F Step G Step H stop I Ste J Revenue Collection Specialist 56 Engineering Assistant $3,694 $3,787 $3,882 $3,979 $4,078 $4,180 $4,284 $4,391 $4,500 $4,613 Human Resources Technician Legal Assistant Public Works Technician 571 Circulation Services Supervisor $3,7871 $3,882 $3,9791 $4,078 $4,1801 $4,284 $4,391 $4,5001 $4,613 $4,728 58 $3,8821 $3, 979 $4, 078 $4, 180 $4, 284 $4,391 $4,500 $4,613 $4,728 $4,847 59 Dispatch Services Supervisor $3,979 $4,078 $4,180 $4,284 $4,391 $4,500 $4,613 $4,728 $4,847 $4,968 Historical Museum Curator Information Systems Specialist Legal Coordinator Librarian I Senior Code Services Officer 60 Communications& Marketing Specialist 11 $4,078 $4,180 $4,2841 $4,391 $4,500 $4,613 $4,728 $4,847 $4,968 $5,092 Deputy City Clerk Evidence Technician Executive Assistant 61 $4,180 $4,284 $4,391 $4,500 $4,613 $4,728 $4,847 $4,968 $5,092 $5,219 62 Assistant Planner $4,284 $4,391 $4,500 $4,613 $4,728 $4,847 $4,968 $5,092 $5,219 $5,350 Combination Inspector Public Works Inspector Senior Engineering Assistant 63 Communications Specialist $4,391 $4,500 $4,613 $4,728 $4,847 $4,968 $5,092 $5,219 $5,350 $5,484 64 Fire Inspector $4,500 $4,613 $4,728 $4,847 $4,968 $5,092 $5,219 $5,350 $5,484 $5,621 Librarian II 65 Police Comm. & Info. Sys. Spec. $4,613 $4,728 $4,847 $4,968 $5,092 $5,219 $5,350 $5,484 $5,621 $5,761 66 Assistant Engineer $4,728 $4,847 $4,968 $5,092 $5,219 $5,350 $5,484 $5,621 $5,761 $5,906 Associate Planner Sr. Combination Inspector 67 $4,847 $4,968 $5,092 $5,219 $5,350 $5,484 $5,621 $5,761 $5,906 $6,053 68 Police Communications Coordinator $4,968 $5,092 $5,219 $5,350 $5,484 $5,621 $5,761 $5,906 $6,053 $6,205 69 $5,092 $5,219 $5,350 $5,484 $5,621 $5,761 $5,906 $6,053 $6,205 $6,360 70 Associate Civil Engineer $5,219 $5,350 $5,484 $5,6211 $5,761 $5,906 $6,0531 $6,2051 $6,360 $6,519 Deputy Fire Marshal Appendix A CITY OF ARCADIA SALARY RANGE JULY 1 2007 TO SEPTEMBER 30, 2008 ACEA Range Number Title Stop A Step B Step C Step D Step E Step F Step G Stop H Stop I Step J Senior Planner 71 $5,350 $5,484 $5,621 $5,761 $506 $6,053 $6,205 $6,360 $6,519 $6,682 72 $5,484 $5,621 $5,761 $5,906 $6,053 $6,205 $6,360 $6,519 $6,682 $6,849 73 Principal Librarian $5,621 $5,761 $5,906 $6,053 $6,205 $6,360 $6,519 $6,682 $6,849 $7,020 Appendix A CITY OF ARCADIA SALARY RANGE OCTOBER 1, 2008 - JUNE 30, 2009 ACEA Range Number Title Step A Step B Step C I Step D Step E Step F Step G Step H I Step 1 Ste J 39 Custodian $2,453 $2,515 $2,577 $2,642 $2,707 $2,775 $2,845 $2,916 $2,989 $3,064 40 Police Records Tech 1 $2,515 $2,577 $2,642 $2,707 $2,775 $2,845 $2,916 $2,989 $3,064 $3,141 41 $2,577 $2,642 $2,707 $2,775 $2,845 $2,916 $2,989 $3,064 $3,141 $3,219 42 Libra Tech 1 $2,642 $2,707 $2,775 $2,845 $2,916 $2,989 $3,064 $3,141 $3,219 $3,299 43 Accounting Technician 1 $2,707 $2,775 $2,845 $2,916 $2,989 $3,064 $3,141 $3,219 $3,299 $3,381 44 Police Records Technician II $2,7751 $2,845 $2,916 $2,989 $3,0641 $3,141 $3,219 $3,299 $3,381 $3,465 45 Office Assistant $2,845 $2,916 $2,989 $3,064 $3,1411 $3,219 $3,299 $3,381 $3,465 $3,552 46 Historical Museum Ed. Cord. $2,916 $2,989 $3,064 $3,141 $3,219 $3,299 $3,381 $3,465 $3,552 $3,640 Library Tech II 47 Accounting Technician II $2,989 $3,064 $3,141 $3,219 $3,299 $3,381 $3,465 $3,552 $3,640 $3,731 Info and Referral Coord Recreation Coordinator Senior Citizens Project Spec. 48 Dispatcher 1 $3,064 $3,141 $3,219 $3,299 $3,381 $3,465 $3,552 $3,640 $3,731 $3,825 Sr. Police Records Tech 49 Administrative Assistant $3,141 $3,219 $3,299 $3,381 $3,465 $3,552 $3,640 $3,731 $3,825 $3,921 Senior Citizens Program Specialist 50 Building Technician 1 $3,219 $3,299 $3,381 $3,465 $3,552 $3,640 $3,731 $3,825 $3,921 $4,018 Community Services Officer Engineering Aide 51 $3,299 $3,381 $3,465 $3,552 $3,640 $3,731 $3,825 $3,921 $4,018 $4,118 52 Senior Library Technician $3,381 $3,465 $3,552 $3,640 $3,731 $3,825 $3,921 $4,018 $4,118 $4,221 53 $3,465 $3,552 $3,640 $3,731 $3,825 $3,921 $4,018 $4,118 $4,221 $4,327 Senior Accounting Technicial 54 Communications & Marketing Specialist 1 $3,552 $3,640 $3,731 $3,825 $3,921 $4,018 $4,118 $4,221 $4,327 $4,435 Building Technician II Dispatcher II Logistical Services Officer Sr. Administrative Assistant 55 Accountin S eciaiist $3,640 $3,731 $3,825 $3,921 $4,018 $4,118 $4,221 $4,327 $4,435 $4,545 Business License Officer Appendix A CITY OF ARCADIA SALARY RANGE OCTOBER 1, 2008 - JUNE 30, 2009 ACEA Range Number Title Step A Step B Step C Step D Step E Step F Step G Step H Step I Stop J Code Services Officer Fire Administrative Specialist Records Coordinator Revenue Collection Specialist Engineering Assistant $3,731 $3,825 $3,921 $4,018 $4,118 $4,221 $4,327 $4,435 $4,545 $4,659 Human Resources Technician Legal Assistant d Public Works Technician Circulation Services Su ervisor $3,825 $3,921 $4,018 $4,118 $4,221 $4,327 $4,435 $4,545 $4,659 $4,775 58 Dispatch Services Supervisor Historical Museum Curator $3,921 $4, 018 $4,018 $4, 118 $4,118 $4, 221 $4,221 $4,327 $4,327 $4,435 $4,435 $4,545 $4,545 $4,6591 $4,659 $4,775 $4,775 $4,895 $4,895 $5,018 Information Systems Specialist Legal Coordinator Librarian I Senior Code Services Officer 60 Communications & Marketing Specialist II $4,118 $4,221 $4,327 $4,435 $4,545 $4,659 $4,775 $4,895 $5,018 $5,143 Deputy City Clerk Evidence Technician Executive Assistant 61 62 Assistant Planner Combination Inspector $4,221 $4,327 $4,327 $4,435 $4,435 $4,545 $4,545 $4,659 $4,659 $4,775 $4,775 $4,895 $4,8951 $5,0181 $5,018 $5,143 $5,1431 $5,2711 $5,271 $5,403 Public Works Inspector Senior Engineering Assistant 63 Communications Specialist $4,435 $4,5451 $4,659 $4,775 $4,895 $5,018 $5,143 $5,271 $5,403 $5,539 64 Fire Inspector $4,545 $4,659 $4,775 $4,895 $5,018 $5,143 $5,271 $5,403 $5,539 $5,677 Librarian II 65 Police Comm. & Info. Sys. Spec. $4,659 $4,775 $4,895 $5,018 $5,143 $5,271 $5,403 $5,539 $5,677 $5,819 66 Assistant Engineer $4,775 $4,895 $5,018 $5,143 $5,271 $5,4031 $5,539 $5,677 $5,819 $5,965 Associate Planner Appendix A CITY OF ARCADIA SALARY RANGE OCTOBER 1, 2008 - JUNE 30, 2009 ACEA Range Number Title Step A Stop B Step C Step D Step E Ste F Step G Ste H Ste I Step J Sr. Combination Inspector 67 $4,895 $5,018 $5,143 $5,271 $5,403 $5,539 $5,677 $5,819 $5,965 $6,114 68 Police Communications Coordinator $5,018 $5,143 $5,271 $5,403 $5,539 $5,677 $5,819 $5,965 $6,114 $6,267 69 $5,143 $5,271 $5,403 $5,539 $5,677 $5,819 $5,965 $6,114 $6,267 $6,424 70 Associate Civil Engineer $5,271 $5,403 $5,539 $5,677 $5,819 $5,965 $6,114 $6,267 $6,424 $6,584 Deputy Fire Marshal Senior Planner 71 $5,404 $5,539 $5,677 $5,819 $5,9651 $6,114 $6,267 $6,424 $6,584 16,749 72 $5,539 $5,677 $5,819 $5,965 $6,114 $6,267 $6, 0 $6,584 $6,749 $6,918 73 Principal Librarian $5,677 $5,819 $5,965 $6,114 $6,2671 $6,4241 $6,5841 $6,7491 $6,918 $7,090 Appendix A CITY OF ARCADIA SALARY RANGE JULY 1 2009 - JUNE 30 2010 ACEA Range Number 39 40 41 42 43 44 45 46 Title Custodian Police Records Tech 1 Libra Tech 1 Accountin Technician 1 Police Records Technician II Office Assistant Historical Museum Ed. Cord. Step A $2,487 $2,550 $2,613 $2,678 $2,744 $2,813 $2,884 $2,956 Step B $2,550 $2,613 $2,678 $2,744 $2,813 $2,8841 $2,9561 $3,030 Step C $2,613 $2,678 $2,744 $2,813 $2,884 $2,956 $3,030 $3,106 Step D $2,678 $2,744 $2,813 $2,884 $2,956 $3,030 $3,106 $3,184 Stop E $2,744 $2,813 $2,884 $2,956 $3,030 $3,106 $3,184 $3,263 k$2,956 $3,184 $3,263 $3,345 Ste G $2,884 $2,956 $3,030 $3,106 $3,184 $3,263 $3,345 $3,428 Ste H $2,956 $3,030 $3,106 $3,184 $3,263 $3,345 $3,428 $3,513 Ste 1 $3,030 $3,106 $3,184 $3,263 $3,345 $3,428 $3,513 $3,601 Step J $3,106 $3,184 $3,263 $3,345 $3,428 $3,513 $3,601 $3,690 Library Tech II 47 Accounting Technician 11 $3,030 $3,106 $3,184 $3,263 $3,345 $3,428 $3,513 $3,601 $3,690 $3,782 Info and Referral Coord Recreation Coordinator Senior Citizens Project Spec. 48 Dispatcher 1 $3,106 $3,184 $3,263 $3,345 $3,428 $3,513 $3,601 $3,690 $3,782 $3,878 49 50 Sr. Police Records Tech Administrative Assistant Senior Citizens Program Specialist Building Technician 1 l Community Services Officer $3,184 $3,263 $3,263 $3,345 $3,345 $3,428 $3,428 $3,513 $3,513 $3,601 $3,601 $3,690 $3,690 $3,782 $3,782 $3,878 $3,878 $3,975 $3,975 $4,073 Engineering Aide 51 $3,345 $3,428 $3,513 $3,601 $3,690 $3,7821 $3,878 $3,9751 $4,073 $4,175 52 Senior Library Technician $3,428 $3,513 $3,601 $3,690 $3,782 $3,878 $3,975 $4,073 $4,175 $4,279 53 $3,513 $3,601 $3,690 $3,782 $3,878 $3,975 $4,073 $4,175 $4,279 $4,387 Senior Accounting Technicial 54 Communications 8 Marketing Specialist 1 $3,601 $3,690 $3,782 $3,878 $3,975 $4,073 $4,175 $4,279 $4,387 $4,496 Building Technician II Dispatcher 11 Lo istical Services Officer Sr. Administrative Assistant 55 Accounting Specialist $3,690 $3,782 $3,878 $3,975 $4,073 $4,175 $4,279 $4,387 $4,496 $4,608 Business License Officer Code Services Officer Fire Administrative S cialist Records Coordinator Appendix A CITY OF ARCADIA SALARY RANGE JULY 1, 2009 - JUNE 3% 2010 ACEA Range Number Title Step A Stop 6 Step C Step D Step E Ste G Ste H Ste 1 Ste J Revenue Collection Specialist 56 Engineering Assistant $3,782 $3,878 $3,975 $4,073 $4,175 N$4,279 $4,387 $4,496 $4,608 $4,723 Human Resources Technician Legal Assistant Public Works Technician 57 Circulation Services Supervisor $3,878 $3,975 $4,073 $4,1751 $4,279 $4,387 $4,4961 $4,608 $4,7231 $4,841 58 $3, 975 $4, 073 $4, 175 $4, 279 $4,387 $4,496 $4,608 $4,723 $4,841 $4,963 59 Dispatch Services Supervisor $4, 073 $4, 175 $4, 279 $4,387 $4,496 $4,608 $4,723 $4,841 $4,963 $5,087 Historical Museum Curator Information Systems Specialist Legal Coordinator Librarian I Senior Code Services Officer 60 Communications 8 Marketing Specialist 1 $4,175 $4,279 $4,387 $4,496 $4,608 $4,723 $4,841 $4,963 $5,087 $5,214 Deputy City Clerk Evidence Technician Executive Assistant 61 $4, 279 $4, 387 $4,496 $4,608 $4,723 $4,841 $4,963 $5,087 $5,214 $5,344 62 Assistant Planner $4,387 $4,496 $4,608 $4,723 $4,841 $4,963 $5,087 $5,214 $5,344 $5,478 Combination Inspector Public Works Inspector Senior Engineering Assistant 63 Communications Specialist $4,496 $4,608 $4,723 $4,841 $4,963 $5,087 $5,214 $5,344 $5,478 $5,615 64 Fire Inspector $4,608 $4,723 $4,841 $4,963 $5,087 $5,214 $5,344 $5,478 $5,615 $5,755 Librarian II 65 Police Comm. R Info. Sys. Spec. $4,723 $4,841 $4,963 $5,087 $5,214 $5,344 $5,478 $5,615 $5,755 $5,899 66 Assistant Engineer $4,841 $4,963 $5,087 $6,2141 $5,344 $5,478 $5,615 $5,755 $5,899 $6,047 Associate Planner Sr. Combination Inspector 67 $4,963 $5,087 $5,214 $5,344 $5,478 $5,615 $5,755 $5,899 $6,047 $6,198 68 Police Communications Coordinator $5,087 $5,214 $5,344 $5,478 $5,615 $5,755 $5,899 $6,047 $6,198 $6,353 69 $5,214 $5,344 $5,478 $5,615 $5,755 $5,899 $6,047 $6,198 $6,353 $6,513 7D Associate Civil Engineer $5,344 $5,478 $5,615 $5,755 $5,899 $6,047 $6,198 $6,353 $6,513 $6,675 Deputy Fire Marshal Appendix A CITY OF ARCADIA SALARY RANGE JULY 1, 2009 -JUNE 30, 2010 ACEA Range Number Title Step A Step B Step C Step D Step E Stop F Step G Step H Step I Step Senior Planner J 71 72 $5,478 $5,615 $5,755 $5,899 $6,047 $6,198 $6,353 $6,513 $6,675 $6,842 73 Princi al Librarian $5,615 $5,755 $5,755 $5,899 $5,899 $6,047 $6,047 $6,198 $6,198 $6,353 $6,353 $6,513 $6,675 $6,842 $7,013 $6,513 $6,675 $6,842 $7,013 $7,188