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HomeMy WebLinkAbout6587 RESOLUTION NO. 6587 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR EMPLOYEES REPRESENTED BY THE ARCADIA PUBLIC WORKS EMPLOYEES ASSOCIATION ("APWEA") 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 ]. The City Council hereby approves that certain Memorandum of Understanding ("MOU") by and between the City of Arcadia and the Arcadia Public Works Employees Association ("APWEA") 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 APWEA shall be those set forth in the Memorandum of Understanding. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 21st day of August , 2007. ~~~ ~ Mayor of t ~ Cit of Arcadia ATTEST: rty Clerk of the City of Arcadia APPROVED AS TO FORM: _ ~. ~~~ City A tomey 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. 6587 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 21st day of 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 ~~~ city Clerk of the City of Arcadia 2 6587 CITY OF ARCADIA AND ARCADIA PUBLIC WORKS EMPLOYEES ASSOCIATION (PUBLIC WORKS EMPLOYEE UNIT) MEMORANDUM OF UNDERSTANDING JULY 1, 2007 THROUGH JUNE 30, 2010 ~: TABLE OF CONTENTS Page Preamble 1 Article I A. Parties and Recognition 2 B. Appropriate Unit 2 C. Mutual Recommendation 2 D. Authorized Agents 3 Article II A. Term 4 B. Savings Clause 4 Article III Association Rights A. Agency Shop Legislative Authority 5 B. Right To Join 7 C. Use of Bulletin Boards 7 D. Payroll Deduction 8 E. Access to Facilities 8 F. Association Stewards 9 G. Reasonable Notice 9 Article IV Management Rights 10 Article V Compensation A. Compensation 11 B. Promotion or Advancement 11 Article VI Overtime (FSl-,4) and Workschedules 13 Article VII Stability Pay/Longevity Pay A. Stability Pay 14 B. Longevity Pay 14 Article VIII Tuition/Loan Reimbursement 15 Article IX Mileage Reimbursement 16 Article X Health, Dental and Life Insurance 17 Retiree Health Insurance 18 Article XI Disability Income Insurance 20 Article XII Medical Examinations 21 APWEA 2007-2010 TABLE OF CONTENTS Article XIII Uniforms Article XIV Leaves A. Provide For B. Power to Grant C. Temporary Military Leave D. Vacation Leave E. Sick Leave F. Workers' Compensation G. Holidays H. Court Witness Leave I. Bereavement Leave J. Unauthorized Absence Article XV Probationary Period Article XVI Article XVII Article XVIII Article XIX Article XX Article XXI Acting Pay Layoffs A. Layoff Procedure B: Re-employment List C. Severance Pay Personnel Files Employee Grievances A. Definitions B. Timeliness C. Employee Representation D. Informal Grievance Procedure E. Formal Grievance Procedure F. Appeal to Human Resources Commission Labor -Management Committee Full Unders tanding 22 23 23 24 24 25 26 27 28 28 29 30 31 32 32 32 33 34 35 35 35 36 37 43 44 AP W EA 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 1 Section A. PARTIES AND RECOGNITION The Memorandum of Understanding is made and entered into between the management representatives of the City of Arcadia, hereinafter referred to as the "City" and representatives of the Arcadia Public Works Employees Association, a formally recognized exclusive employee organization, hereinafter referred to as the "Association", pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code Sections 3500 et.seg.). Section B. APPROPRIATE UNIT The City agrees to give the 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. The full-time and permanent part-time classifications covered by this Agreement are: Building Maintenance Crew Supervisor Building Maintenance Technician Equipment Operator Fleet Maintenance Crew Supervisor Fleet Technician Ill Fleet Technician/Welder Maintenance Crew Supervisor I Maintenance Worker Streets Maintenance Crew Supervisor Utilities Crew Supervisor Water Production Crew Supervisor Water Production Technician I/II Water Quality Backflow Inspector Section C. MUTUAL RECOMMENDATION This Memorandum of Understanding constitutes a mutual recommendation to the City Council, City of Arcadia, for determination. 2 ARTICLE I (continued) 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 Public Works bargaining unit's authorized representative is Craig Clark, President of the Arcadia Public Works Employees Association, 11800 Goldring Road, 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. 3 ARTICLE 11 Section A. TERM The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment and it is mutually agreed that this Memorandum of Understanding shall be effective, upon ratification by the City Council, for the period July 1, 2007 through 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. 4 ARTICLE ll! ASSOCIATION RIGHTS Section A. Agency Shop Legislative Authority The City of Arcadia (City) and the Arcadia Public Works Employees Association (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 majority of the full time, 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. 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 ail 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 Association shall be informed by the Human Resources Division, at the time of hire, that an Agency Shop Agreement is in effect for their classification. The employee shall be provided a copy of this Agreement, the Memorandum of Understanding and a form, mutually developed between the City and the 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 5 ARTICLE ^i (continued) request to meet with new hires at a time and place mutually agreed upon between the Department Head and the Association. Failure to Pay Dues/Fees All unit employees who choose not to become members of Arcadia Public Works Employees Association shall be required to pay to Arcadia Public Works Employees Association a representation service fee that represents such employee's proportionate share of Arcadia Public Works Employees Association's cost of legally authorized representation services on behalf of unit employees in their relations with the City of Arcadia. Such representation service fee shall in no event exceed the regular, periodic membership dues paid by unit employees who are members of Arcadia Public Works 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 Pav/Temoorarv Assignment Out of Unit Employees on an unpaid leave of absence or temporarily assigned out of the unit shall be excused from paying agency shop fees or charitable contributions. 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 anon-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 Public Works 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 notified by Arcadia Public Works 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. 6 ARTICLE 1l1(continued) Records Arcadia Public Works Employees Association shall keep an adequate itemized record of its financial transactions and shall make available annually, to the City and to unit members, within 60 days after the end of its fiscal year, a written financial report thereof in the form of a balance sheet certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. The City shall provide the 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 (30) percent 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. Section C. 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: a. All postings for bulletin boards must contain the date of posting and the identification of the organization; and 7 ARTICLE Ill (continued) b. 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. Section D. PAYROLL DEDUCTION The City will deduct from the pay of Association members the normal and regular monthly Association membership dues as authorized in writing by the employee on the City form subject to the following conditions: 1. Such deduction shall be made only upon submission of the City form to the designated City representative. Said form shall be duly completed and signed by the employee. 2. The City shall not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing fifteen days or longer after such submission. Section E. ACCESS TO FACILITIES All Association business will be conducted by employees and Association representatives outside of established work hours. Nothing herein shall be construed to prevent a 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 his/her designee, to state the purpose of his/her visit and which location he/she 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 his/her designee shall set an alternative time and/or location for such visit within 72 hours. 8 ARTICLE !11(confinued) Section F. ASSOCIATION STEWARDS Four (4) Shop Stewards shall be selected in such manner as the Association may determine. The Association shall notify the employer in writing of the names of the four (4) Stewards who are authorized to represent employees in the bargaining unit. Section G. REASONABLE NOTICE It is mutually understood and agreed that a copy (via the United States Postal Service) of the City Council and/or Human Resources Commission agenda for each meeting mailed to two (2) authorized representatives of the Association shall constitute reasonable written notice of any opportunity to meet with such agencies, on all matters within the scope of representation upon which the City Council or Human Resources Commission may act. The Association shall provide the Human Resources Administrator with the name and addresses of the two (2) authorized representatives within five (5) days of the effective date of this Agreement. 9 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. 10 ARTICLE V COMPENSATION Section A. The City shall continue to pay 7% of the employee's contribution to the Public Employees' Retirement System. Effective October 1, 2008, the City shall amend the existing contract with CaIPERS 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 continue to pay 7% of the employees' compensation earnable as Employer Paid Member Contributions and report the same percent of compensation earnable as special compensation. The City of Arcadia conducted a 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, EI Monte, Gardena, Glendora, Monrovia, Monterey Park, Norwalk, Pasadena, West Covina and Whittier. The recommended 60th percentile salary adjustments, rounded to the nearest 2.5% increment, shall be effective June 24, 2007, as identified in the Survey. The new salary schedule will be attached as Appendix A. Effective October 1, 2008 and July 1, 2009 the City will increase salaries for all members 1 % and .75% 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 one step increase. The 5% shall be measured by the range from which the employee is promoted. 2. When an employee is promoted to a higher classification, the date of promotion shall be used in determining the date of future step increases. Section C. The Parties acknowledge that the percentage between steps within a range is approximately 2.5%. 11 ARTICLE V (continued) Section D. During the term of this Agreement, individuals will advance in their rates of compensation two steps (approximately 5.0%) on their anniversary dates upon receiving satisfactory evaluations until the top step in the range is reached. 12 ARTICLE VI OVERTIME (ELBA) AND WORK SCHEDULES Section A. With the approval of the City Manager, and when necessary to perform essential work, a Department Administrator may require employees to work at any time other than during regular working hours until such work is accomplished. An employee required to be in a work status beyond forty hours (40) in a designated work week, or to work in.excess of the regularly scheduled shift shall be paid at the rate of one and one-half times the regular hourly rate. No overtime credit shall be allowed for any period less than one-half hour. Overtime shall be rounded to the nearest one-half hour. The Department Administrator, City Manager or designee, may permit an employee to take compensatory time in lieu of paid overtime. With Department Administrator approval, represented employees shall be permitted to accumulate compensatory time only to a maximum of one hundred (100) hours. When the maximum level of compensatory time is reached, overtime shall be paid. The scheduling of compensatory time off shall not result in the pyramiding of overtime. Section B. Employees recalled to work after completing a day's work, including any overtime shall receive a minimum credit of two (2) hours of overtime. Section C. When an employee is directed by his/her Department Administrator or the City Manager to attend classes or City functions at times other than regularly scheduled work hours which cause the employee to be in a work status in excess of 40 hours in a 7 day work period, the employee shall be paid at the rate of time and one-half the employee's regular rate of pay. This does not apply to classes or other functions which the employee voluntarily attends. Section D. The City agrees that if it decides to change the current 9-day - 80 hour work schedule, the City will give the Association two (2) weeks advance notice and will meet and confer with the Association prior to implementing a new work schedule; provided, however, the City will not be required to meet and confer before implementing a new work schedule in the case of an emergency affecting City operations. If in the event the City determines an emergency exists, it may modify an employee's regular work hours. Reasonable notice will be given by the City to affected employees. 13 ARTICLE V!1 STAB1LlTY PAY/LONGEVITY PAY 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 Amount Per Year 5 - 9 Years $1,000 10 - 14 Years $1,500 15 Years and beyond $2,000 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. 14 ARTICLE Vlll 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 "jab- 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 a 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. 15 ARTICLE IX MILEAGE REIMBURSEMENT Section A. Mileage is reimbursed for travel in an employee's personal vehicle in connection with City business. Prior approval must be obtained from the immediate supervisor or Department Head. If travel is required frequently during a month, reimbursement will be made once a month. Completed mileage forms shall be submitted to the Department Head consistent with the administrative policy. Any employee authorized to use a personal vehicle must maintain an insurance policy meeting the standards established by the City Manager. 16 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. Effective July 1, 2007, the City shall pay up to a maximum of $637.00 per month per employee for coverage. Effective January 1, 2008, the City shall pay up to a maximum of $716.00 per month per employee for coverage. Effective July 1, 2009, the City shall pay up to a maximum of $852.00 per month per employee for coverage. If the City's contribution exceeds the cost of employee only coverage, the difference shall be contributed toward the cast of dependent coverage or to the employee in cash or a combination of both. The employee has the option of having any amount in excess of the premium contributed to the employee's account in the City's deferred compensation plan instead of receiving cash. If the premium cost of the health plan exceeds the City's contribution, the employee shall pay through payroll deduction the difference between the monthly premium and the amount contributed by the City. The employee's exercise of the option to use the difference toward dependent healtfi 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. 3. Optional Benefits Effective July 1, 2007, the City shall contribute $607.80 per month per eligible employee toward an optional benefits plan. Effective January 1, 2008, the City shall contribute $686.80 per month per eligible employee. Effective July 1, 2009, the City shall contribute 17 ARTICLE X (confinued) $822.80 per month per eligible employee. 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 deferced compensation plan. Any monies received in cash will be considered as taxable income but are not considered base salary for purposes of overtime calculation. The employee's exercise of the option to use the difference toward dependent health coverage is subject to the conditions controlling enrollment periods and eligibility established by the respective plans or carriers. Dependent enrollment will require proof of eligibility for dependent status such as a marriage, birth and adoption certificate. The employee need not enroll in a medical plan to be eligible for optional benefits allowance provided that the employee annually sign a waiver and refusal of coverage during open enrollment. 4. The City shall provide each employee with life insurance in the amount of $25,000.00. 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. 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. 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 to him/her, then this other group insurance shall be primary and the City's health insurance plan shall function as secondary co-insurance. An eligible retiree is an employee who retires on a service, disability, or industrial disability retirement and has 1000 hours of accumulated sick leave at the date of retirement. An employee who has fewer than one thousand (1000) hours of accumulated sick leave at the date of retirement 18 ARTICLE X (continued) 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; 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 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. In addition, the eligible employee must apply prior to retirement for such coverage through Human Resources. The Association shall notify Human Resources in the event of the death of a retired member. Effective February 1, 1999 retirees will be subject to the terms of the CaIPERS Health Program. In this program the City will pay to CaIPERS $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 orr a report by CaIPERS of the retiree's continued enrollment. In drder to be eligible for retiree health coverage, the employee, and if applicable, the employee's spouse, must be enrolled in aCity-sponsored health plan as of the retiree's last day of work and maintain eligibility to continue in the CaIPERS Health Program as stipulated by the Health Program. 19 ARTICLE Xl DISABILITY INCOME INSURANCE Section A. The City shall provide disability income insurance up to a maximum total monthly payment of $12.81 per full-time employee, covered by this agreement during the life of the Agreement. 20 ARTICLE Xll 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. 21 ARTICLE Xlll UNIFORMS Section A. The City shall provide each employee with seven (7) sets of uniforms consisting of shirts and trousers. Section B. The City shall provide one medium weight uniform jacket for each uniformed employee. Section C. Upon termination of employment the employee shall turn in all uniforms issued or shall have a dollar amount equal to the (ost uniform cost deducted form the employee's final check. 22 ART/CLEXIV LEAVES Section A. In accordance with the current Personnel Rules and Regulations of the City of Arcadia, all leaves for classifications represented by this Agreement shall be provided for as follows: Section B. POWER TO GRANT LEAVE Upon the written request of an employee stating the reasons therefore, the appointing power with the approval of the City Manager shall have power to grant leaves of absence with or without pay subject to the following restrictions: 1. Length -leave of absence without pay may be granted for a period not to exceed one year with the exception that military leaves may be granted for the duration of a war or national emergency or as required by the Military and Veterans' code. 2. Reason - a leave of absence may be granted an employee, provided he/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. 23 ARTICLE XIV (continued) 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 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 (1) 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. This leave does not apply to employees who are drafted or receive orders to military duty for periods longer than 180 calendar days. Employee's right to return to vacant positions after an absence that exceed 180 days shall be governed by the applicable federal and state law. Section D. VACATION LEAVE 1. Every full-time employee represented by this agreement, with the exception of temporary appointments shall accumulate vacation with pay beginning with the first full pay period of employment at the rate of 3.07 hours per pay period during the first five years of continuous full-time employment with the City; at the rate of 4.61 hours per pay period between the employee's fifth and tenth anniversary date of continuous full-time employment; at the rate of 5.22 hours per pay period between the employee's tenth and fifteenth anniversary date of continuous full-time employment, and at the rate of 6.15 hours per pay period after fifteen years of continuous full-time employment with the City. Accumulated , vacation shall be granted at the discretion of the appointing power. 2. Vacation may not be accumulated beyond the amount accumulable for asixty-five (65) pay period basis. Once an employee has accumulated this amount, no more vacation will be accrued by the 24 ARTICLE XIV (continued) 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 past practice far that employee, the City Manager for good cause may approve excess accumulated vacation, provided the employee reduces the total below the allowable maximum within six (6) months. 3. An employee who has previously requested and was granted approval of vacation leave for use during the last three (3) months of the calendar year and is unable to utilize such leave because of the City's cancellation of leave shall be allowed to carry over the excess leave time ihtd the next three (3) months of the new calendar year, if rescheduling of the vacation leave is not possible. 4. Upon termination, vacation used shall be prorated against vacation earned. Every City employee who leaves the City employ for any reason shall be granted-all accumulated vacation or shall be paid therefore at his/her rate of compensation applicable at the time he leaves the City employ. If an employee works more than 50% of the pay period, the employee shall receive credit for 50% of the pay period's vacation. 5. 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 be granted sick leave with full pay. Said sick leave shall be accumulated beginning with the first full pay period of employment on the basis of 3.693 hours for each pay period of service completed with the City. Employees may accumulate up to a maximum of 2,000 hours of sick leave with pay. For the purposes of overtime calculation, paid sick leave, when accompanied by a doctor's note verifying illness, shall be regarded as hours worked. 2. 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. 25 ARTICLE X/V (continued) 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 non-work related medical condition or due to a scheduled medical or dental appointment during regular working hours for anon-work related medical condition. 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 F of this Article, may request that accrued sick leave be paid to supplement workers' compensation disability payments. 4. Sick leave may be used by an employee when their attendance upon a member of the employee's family dependent who is seriously ill and requiring the attendance of such employee. Sick leave may also be used when the employee's family dependent requires the employee's presence at the dependent's medical or dental appointment during regular working hours. Every effort shall be made to schedule appointments during non-working hours. Family dependents shall include only dependents currently residing in the employee's household, or the employee's minor children. 5. The appointing power and City Manager may require evidence of the reason for any employee's absence caused by illness or death in the immediate family of the employee during the time for which sick leave is requested. 6. In order to be eligible for sick leave, an employee must provide at least fifteen (15} minutes advance notice of an absence. Failure to do so without good cause may result in denial of sick leave and disciplinary action. 7. 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. The appointing power and City Manager may deny or revoke sick leave if the illness or injury for which it is taken is caused or substantially aggravated by compensated outside employment. Section F. WORKERS' COMPENSATION In those instances where an employee of the City of Arcadia is injured on duty and the injury is so recognized by the Workers' Compensation Act by the City of Arcadia or the Workers' Compensation Appeals Board, such 26 ARTICLEXIV (continued) employee may be paid a combinafion of salary and Workers' Compensation equal to his/her regular salary rate for such time as he/she is absent from duty because of such injury. Such payment shall be granted only to employees with three (3) or more full years of continuous service with the City as well as to those who have completed their initial probation with the City as of June 14, 1999. The leave shall be for up to a maximum of ten (10) months from and after date of such injury. Lost time due to an injury on duty shall not be charged against an employee's accumulated sick leave. Section G. HOLIDAYS 1. Each employee in a classification represented by this MOU shall be allowed the following holidays with pay: New Year's Day -January 1 Washington's Birthday -The third Monday in February Memorial Day -The last Monday in May Independence Day -July 4 Labor Day -The first Monday in September Admission Day -September 9 Veteran's Day -November 11 Thanksgiving Day -The fourth Thursday in November The Friday following the fourth Thursday in November Christmas Eve -December 24 - 4 hours Christmas Day -December 25 New Years Eve -December 31 - 4 hours Every day appointed by the City Council fora public fast, thanksgiving or holiday. 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. 2. In lieu of a city-wide holiday to celebrate Dr. Martin Luther King's birthday, unit members shall receive eight (8) hours of floating 27 ARTICLE XIV (continued) holiday to be scheduled by the employee in the same manner as vacation days are scheduled. Floating holidays do not carry over from calendar year to calendar year. Failure to timely schedule the day off shall result in its loss. If the City adopts Dr. Martin Luther King's birthday as a city-wide holiday, this floating holiday shall cease and the unit members shall receive the city-wide holiday. If a holiday falls on a Friday that City operations are closed, under the 9/80 work schedule, each employee will receive eight (8) hours of floating holiday time. Floating holiday time is not accruable and not payable if unused. The floating holiday must be used by the end of the fiscal year in which it is granted or it shall be forfeited. Each employee in a classification represented by this MOU shall be allowed eight (8) hours floating holiday for his/her birthday to be scheduled by the employee in the same manner as vacation days are scheduled. Floating holidays do not carry over from calendar year to calendar year. Failure to schedule the day off within the calendar year shall result in its loss. Section H. COURT WITNESS LEAVE An employee who is subpoenaed or required to appear in Court as a witness shall be deemed to be on a leave of absence. With approval of the appointing power and City Manager, the employee may be granted leave with pay during the required absence. The employee shall remit to the City fees received except mileage. A paid leave of absence shall not be granted for time spent in Court on personal cases. Section I. 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. 28 ARTICLE XIV (confinuedJ Section J. UNAUTHORIZED ABSENCE Unauthorized leaves of absence are cause for immediate dismissal. 29 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. Section C. Eligible candidates appointed from a promotional list shall be on probation for six (6) months before attaining permanent status. 30 ARTICLE XVI ACTING PAY Section A. Any employee in the unit who is required, in writing, to work three (3) working days or longer in a higher classification which is vacant due to sick leave, injury leave, vacation, termination or move up due to acting pay shall receive the following acting pay retroactive to the first day of the assignment: 1. Five percent (5%) above their current rate of pay or A step of the higher classification; or 2. An employee in the classification of Maintenance Worker assigned to an acting position of Crew Supervisor in the following: Building Maintenance, Fleet Maintenance, Maintenance, Water Maintenance, Water Production, and/or Water Services Representative shall receive ten percent (10%) above their current rate of pay; or 3. Should such percentage exceed the top step of the range far the higher classification, the employee shall receive compensation at the top step of the higher classification. Section B. Nothing contained herein shall apply to an employee who is being trained by the City to qualify for a higher classification. 31 ARTICLEXVI! LAYOFFS Section A. LAYOFF PROCEDURE The City Manager or appointing power may lay off an employee in the Classified Service because of a material change in duties or organization, inclement weather, adverse working conditions, shortage of work or funds or return of employees from authorized leave of absence. The order of layoff shall be temporary, probationary, and then regular employees and shall be; 1) based on performance and 2) in the reverse of total cumulative time served in the same class or promotional field upon the date established for the layoff to become effective. Regular full-time employees who receive notice of layoff may, in lieu of layoff, voluntarily demote to the next lower classification that the employee previously held within the unit, provided such employee's seniority in the department is greater than an employee holding the lower position. Section B. RE-EMPLOYMENT LIST The names of employees shall be placed upon re-employment lists in the reverse order of the layoff. Re-employment lists shall remain effective for two (2) years from the effective date of separation from service. Section C. SEVERANCE PAY A full-time employee whose position is abolished or vacated by a reduction in work load or lack of funds, and has at least one (1) year of consecutive full time service with the City shall receive, upon termination, severance pay. Severance pay shall be a lump sum payment equal to 1/5`h of their previous months' salary times the number of years of consecutive service, not exceeding five (5) years of service. 32 ART/CLEXVIII 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. An employee or their designated representative (in writing) shall have the right to examine and/or obtain copies of any material from the employee's personnel file. Such copies shall be provided at the employee's cost. Section B. Discipline older than three (3) years will not be considered in promotional recruitments. 33 ARTICLE XIX EMPLOYEE GRIEVANCES Section A. DEFINITIONS 1. Grievance A grievance is an allegation by an employee(s) of a misinterpretation or misapplication of any express provision of the applicable Memorandum of Understanding or City and/or Department Personnel Rules and Regulations where there is no other specific method of review provided by City law. 2. Grievant An employee or group of employees in the classified service adversely affected by an act or omission by the City allegedly in violation of an express provision of the Memorandum of Understanding or City and/or Department Personnel Rules and Regulations. 3. Department Head The Department Head or designee. 4. Work day A work day is any day the City offices are regularly open for business. 5. Exclusions from the Grievance Procedure a. The procedure is not to be used for the purpose of changing wages, hours and working conditions. Allegations involving wages, hours and working conditions may thus be grieved only if the grievance involves a misapplication or misinterpretation of an express provision of the MOU or a City/Department Personnel Rules and Regulations. b. The procedure is not intended to be used to challenge the content of employee evaluations or performance reviews. Allegations that the City has failed to comply with an evaluation procedure set forth in a specific provision of the MOU and/or City/Department Personnel Rules and Regulations are grievable. c. The procedure is not intended to be used to challenge a reclassification, layoff, transfer, denial of reinstatement, or denial of a step or merit increase. Notwithstanding the 34 ART/CLEXlX (continued) 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. 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. 35 ARTICLE XIX (continued) 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. 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. 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. 36 ARTICLE XIX (continued) 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. 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 1. Scheduling of Hearing Upon receipt of the request for an appeal, the City shall, within thirty (30) days, transmit the appeal to the Human Resources Commission. The Commission shall schedule a hearing. The appeal hearing shall be set not less than twenty (20) working days nor more than sixty (60) working days from the date of the filing of the appeal. All interested parties shall be notified in writing of the date, time, and place of the hearing at least ten (10) working days prior to the hearing. 2. Public Hearings All hearings shall be open to the public. 37 ARTICLE XIX (continued) 3. Pre-Hearing Procedure a. Subpoenas The Human Resources Commission is authorized to issue subpoenas at the request of either party prior to the commencement of the hearing. After the commencement of the hearing, subpoenas shall be issued by the Commission only for good cause. Each party will prepare their own subpoenas and present them to the Human Resources Division of the Administrative Services Department and the other party. The Human Resources Division of the Administrative Services Department will issue the subpoenas. The Human Resources Division of the Administrative Services Department will serve subpoenas for current City employees. It will be the responsibility of the employee or the City to serve subpoenas on individuals who are not currently employed by the City. It will be the responsibility of the employee and the City to submit the written request for subpoenas at least ten (10) working days before the date of the hearing. b. Exhibits and Witness Lists Five (5) working days prior to the date set for the hearing, each party shall serve upon the other party and submit to the Human Resources Division of the Administrative Services Department a list of all witnesses and a list and copy of all exhibits. An original and nine (g) 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. 38 ARTICLE X/X (continued) 4. Submission to the Human Resources Commission Five (5) working days prior to the date set for the hearing, the Human Resources Division of the Administrative Services Department shall present each member of the Human Resources Commission with a copy of the jurisdictional documents. Those documents include the grievance documents at each level and the responses to the grievance. 5. Payment of Employee Witnesses Employees of the City who are subpoenaed to testify during working hours will be released with pay to appear at the hearing. The Commission may direct that these employees remain on call until called to testify. Employees who are subpoenaed to testify during non-working hours will be compensated for the time they actually testify, unless the City agrees to a different arrangement. 6. Conduct of the Hearing a. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses but hearings shall be conducted in a manner most conducive to determination of the truth. b. Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. c. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence that shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. d. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. e. Irrelevant and unduly repetitious evidence may be excluded. f. The Human Resources Commission shall determine relevancy, weight and credibility of testimony and evidence. 39 ARTICLE X/X (continued) 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: "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. 40 ARTICLE X/X (continued) c. The respondent (City) shall be permitted to make an opening statement, or reserve an opening statement until presentation of its case. The grievant shall produce his/her evidence. 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 ahd 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 presentatioh of their case. 12. Right to Control Proceedings While the parties are generally free to present their case in the order that they prefer, the Chair reserves the right to control the proceedings, including, but not limited to, altering the order of witnesses, limiting redundant or irrelevant testimony, or by the direct questioning of witnesses. 13. Hearing Demeanor and Behavior All parties and their attorneys or representatives shall not, by written submission or oral presentation, disparage the intelligence, ethics, morals, integrity or personal behavior of their adversaries or members of the Commission. 41 ARTICLE XIX (continued) 14. 15. 16. 17 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. Recommended Decision The Human Resources Commission shall render it's recommendations. as soon after the conclusion of the hearing as passible, 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. 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. Final Action by City Manager 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. 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, 42 ARTICLE XX LABOR -MANAGEMENT COMMITTEE Section A. The City and the Association hereby agree to the establishment of an ad hoc committee to discuss employer-employee relation matters. Each side may designate up to two (2) Public Works Services Department representatives to serve on the committee. For purpose of coordination only, the Human Resources Administrator shall be chairman of the committee. The committee shall meet quarterly as necessary, at a mutually agreed upon time and place. The party requesting the meeting shall submit an agenda of topics to be discussed no less than five (5) days prior to the scheduled meeting date. 43 2007 NEGOTIATION TEAMS APW EA Jon Shoemaker, Team Member Craig Clark, Team Member Anthony Pulido, Team Member Kevin Tobin, Team Member Dave Twedell, CEA Representative CITY OF ARCADIA Michael A. Casalou, Human Resources Administrator Tom Tait, Field Services Manager Su Tan, Senior Human Resources Analyst William W. Floyd, Jr., Attorney 45 Appendix A CITY OF ARCADIA SALARY RANGE JULY 1, 2007 TO SEPTEMBER 30, 2008 APWEA Range Number Title Ste A Ste B Ste C Step D Ste E Ste F Step G Ste H Step I Ste J 46P Maintenance Worker $2,883 $2,955 $3,029 $3,104 $3,182 $3,261 $3,343 $3,426 $3,512 $3,599 47P $2,955 $3,029 $3,104 $3,182 $3,261 $3,343 $3,426 $3,512 $3,599 $3,689 48P $3,029 $3,104 $3,182 $3,261 $3,343 $3,426 $3,512 $3,599 $3,689 $3,781 49P $3,104 $3,182 $3,261 $3,343 $3,426 $3,512 $3,599 $3,689 $3,781 $3,876 50P Fleet Technician I $3,182 $3,261 $3,343 $3,426 $3,512 $3,599 $3,689 $3,781 $3,876 $3,972 51P Buildin Maintenance Tech $3,261 $3,343 $3,426 $3,512 $3,599 $3,689 $3,781 $3,876 $3,972 $4,071 52P Water Production Tech I $3,343 $3,426 $3,512 $3,599 $3,689 $3,781 $3,876 $3,972 $4,071 $4,173 53P E ui ment0 erator $3,426 $3,512 $3,599 $3,689 $3,781 $3,876 $3,972 $4,071 $4,173 $4,278 54P Fleet Technician II $3,512 $3,599 $3,689 $3,781 $3,876 $3,972 $4,071 $4,173 $4,278 $4,385 55P $3,599 $3,689 $3,781 $3,876 $3,972 $4,071 $4,173 $4,278 $4,385 $4,494 56P Fleet TechnicianlWelder $3,689 $3,781 $3,876 $3,972 $4,071 $4,173 $4,278 $4,385 $4,494 $4,607 Water Production Tech 11 57P Building Maint. Crew Su ervisor $3,781 $3,876 $3,972 $4,071 $4,173 $4,278 $4,385 $4,494 $4,607 $4,722 58P $3,876 $3,972 $4,071 $4,173 $4,278 $4,385 $4,494 $4,607 $4,722 $4,841 59P Streets Maint. Crew Su ervisor $3,972 $4,071 $4,173 $4,278 $4,385 $4,494 $4,607 $4,722 $4,841 $4,961 60P $4,071 $4,173 $4,278 $4,385 $4,494 $4,607 $4,722 $4,841 $4,961 $5,085 61P $4,173 $4,278 $4,385 $4,494 $4,607 $4,722 $4,841 $4,961 $5,085 $5,212 62P Utilities Crew Su ervisor $4,278 $4,385 $4,494 $4,607 $4,722 $4,841 $4,961 $5,085 $5,212 $5,342 Water Production Crew Su ervisor 63P Fleet Maint. Crew Su ervisor $4,385 $4,494 $4,607 $4,722 $4,841 $4,961 $5,085 $5,212 $5,342 $5,476 64P $4,494 $4,607 $4,722 $4,841 $4,961 $5,085 $5,212 $5,342 $5,476 $5,613 65P $4,607 $4,722 $4,841 $4,961 $5,085 $5,212 $5,342 $5,476 $5,613 $5,753 66P Water Quali Backflow Ins. $4,722 $4,841 $4,961 $5,085 $5,212 $5,342 $5,476 $5,613 $5,753 $5,897 Appendix A CITY OF ARCADIA SALARY RANGE OCTOBER 1, 2008 -JUNE 30, 2009 APWEA Range Number Title Ste A Ste B Ste C Step D Ste E Ste F Ste G Ste H Ste I Ste J 46P Maintenance Worker $2,912 $2,984 $3,059 $3,135 $3,213 $3,294 $3,376 $3,460 $3,547 $3,635 47P $2,984 $3,059 $3,135 $3,213 $3,294 $3,376 $3,460 $3,547 $3,635 $3,726 48P $3,059 $3,135 $3,213 $3,294 $3,376 $3,460 $3,547 $3,635 $3,726 $3,818 49P $3,135 $3,213 $3,294 $3,376 $3,460 $3,547 $3,635 $3,726 $3,818 $3,914 SOP FIeetTechnicianl $3,213 .$3,294 $3,376 $3,460 $3,547 $3,635 $3,726 $3,818 $3,914 $4,012 51P Buildin Maintenance Tech $3,294 $3,376 $3,460 $3,547 $3,635 $3,726 $3,818 $3,914 $4,012 $4,112 52P Water Production Tech I $3,376 $3,460 $3,547 $3,635 $3,726 $3,818 $3,914 $4,012 $4,112 $4,215 53P E ui ment Operator $3,460 $3,547 $3,635 $3,726 $3,818 $3,914 $4,012 $4,112 $4,215 $4,320 54P Fleet Technician II $3,547 $3,635 $3,726 $3,818 $3,914 $4,012 $4,112 $4,215 $4,320 $4,429 55P $3,635 $3,726 $3,818 $3,914 $4,012 $4,112 $4,215 $4,320 $4,429 $4,539 56P Fleet Technician/Welder $3,726 $3,818 $3,914 $4,012 $4,112 $4,215 $4,320 $4,429 $4,539 $4,653 Water Production Tech II 57P Buildin Maint. Crew Su ervisor $3,818 $3,914 $4,012 $4,112 $4,215 $4,320 $4,429 $4,539 $4,653 $4,769 58P $3,914 $4,012 $4,112 $4,215 $4,320 $4,429 $4,539 $4,653 $4,769 $4,889 59P Streets Maint. Crew Su ervisor $4,012 $4,112 $4,215 $4,320 $4,429 $4,539 $4,653 $4,769 $4,689 $5,011 60P $4,112 $4,215 $4,320 $4,429 $4,539 $4,653 $4,769 $4,889 $5,011 $5,136 61P $4,215 $4,320 $4,429 $4,539 $4,653 $4,769 $4,889 $5,011 $5,136 $5,264 62P Utilities Crew Su ervisor $4,320 $4,429 $4,539 $4,653 $4,769 $4,889 $5,011 $5,136 $5,264 $5,395 Water Production Crew Su ervis 63P Fleet Maint. Crew Su ervisor $4,429 $4,539 $4,653 $4,769 $4,889 $5,011 $5,136 $5,264 $5,395 $5,530 64P $4,539 $4,653 $4,769 $4,889 $5,011 $5,136 $5,264 $5,395 $5,530 $5,669 65P $4,653 $4,769 $4,889 $5,011 $5,136 $5,264 $5,395 $5,530 $5,669 $5,811 66P Water Quali Backflow Ins. $4,769 $4,889 $5,011 $5,136 $5,264 $5,395 $5,531 $5,669 $5,811 $5,956 Appendix A CITY OF ARCADIA SALARY RANGE JULY 1, 2009 -JUNE 30, 2010 APWEA Range Number Title Ste A Ste B Ste C Ste D Ste E Step F Ste G Ste H Ste I Ste J 46P Maintenance Worker $3,130 $3,208 $3,288 $3,370 $3,454 $3,541 $3,629 $3,720 $3,813 $3,908 47P $3,208 $3,288 $3,370 $3,454 $3,541 $3,629 $3,720 $3,813 $3,908 $4,005 48P $3,288 $3,370 $3,454 $3,541 $3,629 $3,720 $3,813 $3,908 $4,005 $4,104 49P $3,370 $3,454 $3,541 $3,629 $3,720 $3,813 $3,908 $4,005 $4,104 $4,208 50P Fleet Technician I $3,454 $3,541 $3,629 $3,720 $3,813 $3,908 $4,005 $4,104 $4,208 $4,313 51P Buildin Maintenance Tech $3,541 $3,629 $3,720 $3,813 $3,908 $4,005 . $4,104 $4,208 $4,313 $4,420 52P Water Production Tech I $3,629 $3,720 $3,813 $3,908 $4,005 $4,104 $4,208 $4,313 $4,420 $4,531 53P E ui ment0 eratar $3,720 $3,813 $3,908 $4,005 $4,104 $4,208 $4,313 $4,420 $4,531 $4,644 54P Fleet Technician II $3,813 $3,908 $4,005 $4,104 $4,208 $4,313 $4,420 $4,531 $4,644 $4,761 55P $3,908 $4,005 $4,104 $4,208 $4,313 $4,420 $4,531 $4,644 $4,761 $4,879 56P Fleet Technician/Welder $4,005 $4,104 $4,208 $4,313 $4,420 $4,531 $4,644 $4,761 $4,879 $5,002 Water Production Tech II 57P Buildin Maint. Crew Su ervisor $4,104 $4,208 $4,313 $4,420 $4,531 $4,644 $4,761 $4,879 $5,002 $5,127 58P $4,208 $4,313 $4,420 $4,531 $4,644 $4,761 $4,879 $5,002 $5,127 $5,256 59P Streets Maint. Crew Su ervisor $4,313 $4,420 $4,531 $4,644 $4,761 $4,879 $5,002 $5,127 $5,256 $5,387 60P $4,420 $4,531 $4,644 $4,761 $4,879 $5,002 $5,127 $5,256 $5,387 $5,521 61P $4,531 $4,644 $4,761 $4,879 $5,002 $5,127 $5,256 $5,387 $5,521 $5,659 62P Utilities Crew Su ervisor $4,644 $4,761 $4,879 $5,002 $5,127 $5,256 $5,387 $5,521 $5,659 $5,800 Water Production Crew Su ervisor 63P Fleet Maint. Crew Supervisor $4,761 $4,879 $5,002 $5,127 $5,256 $5,387 $5,521 $5,659 $5,800 $5,945 64P $4,879 $5,002 $5,127 $5,256 $5,387 $5,521 $5,659 $5,600 $5,945 $6,094 65P $5,002 $5,127 $5,256 $5,387 $5,521 $5,659 $5,800 $5,945 $6,094 $6,247 66P Water Quali Backflow Ins. $5,127 $5,256 $5,387 $5,521 $5,659 $5,800 $5,946 $6;094 $6,247 $6,403