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Home My WebLink AboutItem 3a - Resolutions approving MOU's for AFFA, ACEA, and APWEA., o e��m. 000it: DATE: December 3, 2013 TO: Mayor and City Council STAFF REPORT Administrative Services Department FROM: Hue C. Quach, Administrative Services Director SUBJECT: ADOPTION OF RESOLUTIONS APPROVING MEMORANDUM OF UNDERSTANDINGS ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR CERTAIN REPRESENTED EMPLOYEE GROUPS Recommendation: Adopt SUMMARY Resolution Nos. 7000, 7001, and 7002 establish terms of employment and compensation for City employees represented by the Arcadia Fire Fighter Association (AFFA), Arcadia City Employees Association (ACEA), and the Arcadia Public Works Employees Association (APWEA). Pursuant to the Meyers - Milias -Brown Act, the City has met and conferred in good faith concerning wages, benefits, and working conditions with all three employee associations. Each of the respective employee associations have agreed to a four year agreement with the following salary and benefit terms: Arcadia Fire Fighters Association: 8.5% cost of living increase and City contribution into each member's 457 Deferred Compensation Plan. Arcadia City Employees Association: 8.5% cost of living increase and minor increases in medical benefits to keep pace with increasing costs in that area. Arcadia Public Works Employees Association: 10.5% cost of living increase and minor increases in medical benefits to keep pace with increasing costs in that area. It is recommended that the City Council adopt Resolution Nos. 7000, 7001, and 7002 establishing compensation and benefits as outlined in the Memorandum of Understanding (MOU) effective April 1, 2014, through June 30, 2018. Adoption of Resolutions Establishing Compensation and Benefits for AFFA /ACEA /APWEA December 3, 2013 Page 2 of 4 DISCUSSION The labor agreement with Arcadia Fire Fighters Association, Arcadia City Employees Association, and Arcadia Public Works Employees Association are set to expire on June 30, 2014. Employing a similar approach that was successful with the Arcadia Police Officer's Association, the City approached each association to initiate an accelerated and focused negotiation process. In general, the concept called for commitment from both sides of the negotiation teams to work out as many meetings as necessary over a two month period in an attempt to reach an agreement. Each of the respective negotiation members held true to their commitment to the process and worked hard to reach an agreement before the assigned deadline for this accelerated negotiation. The first meeting held with each group was held the week of September 25. By the end of the first week in November, tentative agreements were reached with each of the respective associations. The memberships of each association have since voted to accept the City's offer to their group. The attached resolutions presented for adoption reflect a continuation of the majority of existing working terms and conditions. The proposed term of the agreement is April 1, 2014, through June 30, 2018. The agreements contain the following salary and benefit terms: Arcadia Fire Fighters Association (AFFA): 8.5% cost of living increase and City contribution into each member's 457 Deferred Compensation Plan. Effective April 1, 2014, July 1, 2015, July 1, 2016, and July 1, 2017, the salary schedule of all employees in this bargaining group shall be increased by 2.0 %, 2.0 %, 2.0 %, and 2.5% respectively. In addition, the City will contribute into each member's 457 Deferred Compensation plan as follows: $33.35 per pay period starting April 1, 2014, an increase to $66.70 per pay period effective July 1, 2015, and an increase to $100.05 per pay period effective July 1, 2016. This four year agreement with the AFFA will increase the City Budget by an estimated $839,120 over the next four years, or an average of $209,780 annually. Arcadia City Employees Association (ACEA): 8.5% cost of living increase and minor increases in medical benefits to keep pace with increasing costs in medical premiums. Effective April 1, 2014, July 1, 2015, July 1, 2016, and July 1, 2017, the salary schedule of all employees in this bargaining group shall be increased by 2.0 %, 2.0 %, 2.0 %, and 2.5% respectively. Additionally, each member will receive successive increases of $38 to the current employee medical allowance, effective April 1, 2014, July 1, 2015, and July 1, 2016. This four year agreement with the ACEA will increase the City Budget by an estimated $670,915 over the next four years, or an average of $167,729 annually. Adoption of Resolutions Establishing Compensation and Benefits for AFFA /ACEA /APWEA December 3, 2013 Page 3 of 4 There were also some technical revisions included in the proposed Memorandum of Understanding (MOU). In particular, language was added to grant appeal rights to unclassified full -time and part -time benefitted employees as it relates disciplinary actions resulting in loss of wages or termination. Language was also added to allow Association Stewards up to two hours a month of release time during work hours to attend to Association business. Arcadia Public Works Employees Association (APWEA): 10.5% cost of living increase and minor increases in medical benefits to keep pace with increasing costs in medical premiums. This bargaining group was offered a higher cost of living as a result of a market comparison analysis that showed the group to be significantly below their counterparts working in surrounding cities. Effective April 1, 2014, July 1, 2015, July 1, 2016, and July 1, 2017, the salary schedule of all employees in this bargaining group shall be increased by 3.0 %, 3.0 %, 2.0 %, and 2.5% respectively. Each member will receive successive increases of $31 to the current employee medical allowance, effective April 1, 2014, July 1, 2015, and July 1, 2016. This four year agreement with the APWEA will increase the City Budget by an estimated $436,542 over the next four years, or an average of $109,136 annually. These proposed agreements with all the respective employee associations represent fair and equitable contracts for the employees and the City. The projected cost is expected to be within the forecasts of modest revenue growth over the next four years. The four year agreement will provide stability and assurances on labor and benefit costs while ensuring that the City is able to continue attracting and retaining high quality employees. FISCAL IMPACT The agreements with the AFFA, ACEA, and APWEA will increase the total City Budget by an estimated $1,946,578 over the next four years, or an average of $486,644 annually. A five year financial sustainability analysis was conducted with modest revenue growth assumptions, which indicated that there will be sufficient funds to afford the proposed increases. Adoption of Resolutions Establishing Compensation and Benefits for AFFA /ACEA /APWEA December 3, 2013 Page 4 of 4 RECOMMENDATION It is recommended that the City Council adopt the following Resolutions approving Memorandum of Understandings establishing compensation and related benefits for certain represented employee groups. 1) Resolution No. 7000 establishing compensation and related benefits for employees represented by the Arcadia Fire Fighter's Association (AFFA) for April 1, 2014 through June 30, 2018. 2) Resolution No. 7001 establishing compensation and related benefits for employees represented by the Arcadia City Employees Association (ACEA) for April 1, 2014 through June 30, 2018. 3) Resolution No. 7002 establishing compensation and related benefits for employees represented by the Arcadia Public Works Employees Association (APWEA) for April 1, 2014 through June 30, 2018. Approved: Dominic Lazzar City Manager Attachments: Resolution Nos. 7000, 7001, and 7002 RESOLUTION NO. 7000 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 FIRE FIGHTERS ASSOCIATION ( °AFFA ") FOR APRIL 1, 2014 THROUGH JUNE 30, 2018 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 Fire Fighters Association ( "AFFA ") dated effective as of April 1, 2014, 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 AFFA 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 day of , 2013. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Q 4a_Z4 Steph n P. Deitsch City Attorney CITY OF ARCADIA AND ARCADIA FIREFIGHTERS' ASSOCIATION 4op-2f-PAR 4 ARCADIA MEMORANDUM OF UNDERSTANDING APRIL 1, 2014 - JUNE 303 2018 TABLE OF CONTENTS Paqe ARTICLEI ............................................................................. ............................... 1 Section A. PARTIES AND RECOGNITION ...................... ............................... 1 Section B. APPROPRIATE UNIT ..................................... ............................... 1 Section C. MUTUAL RECOMMENDATION ...................... ............................... 1 ARTICLEII ............................................................................. ............................... 1 SectionA. TERM .............................................................. ............................... 1 Section B. MAINTENANCE OF BENEFITS ...................... ............................... 1 Section C. SAVINGS CLAUSE .......................................... ..............................2 Section D. STATE AND FEDERAL LAWS ....................... ............................... 2 ARTICLE III ASSOCIATION RIGHTS ........................................ ..............................2 Section A. RIGHT TO JOIN .............................................. ............................... 2 Section B. USE OF BULLETIN BOARDS ........................ ............................... 2 Section C. PAYROLL DEDUCTION ................................. ............................... 3 Section D. ACCESS TO FACILITIES ............................... ............................... 3 Section E. REASONABLE NOTICE ................................. ............................... 4 ARTICLE IV MANAGEMENT RIGHTS ...................................... ............................... 4 ARTICLE V COMPENSATION .................................................. ..............................4 Section A CLASSIFICATIONS / SURVEYS / STUDIES ...... ............................... 4 Section B. PROMOTION OR ADVANCEMENT IN RATE OF COMPENSATION ........................................... ............................... 5 Section C. EDUCATIONAL INCENTIVE COMPENSATION ............................ 5 Section D. STEP INCREASE PERCENTAGES ............... ............................... 6 Section E. FIRE PREVENTION BUREAU ASSIGNMENT .............................. 6 Section F. CAPTAIN II COMPENSATION ........................ ............................... 7 Section G. ADMINISTRATIVE CAPTAIN COMPENSATION ........................... 7 Section H. URBAN SEARCH AND RESCUE COMPENSATION .................... 7 Section I. OUT OF RANK PARAMEDIC COMPENSATION .......................... 7 Section J. SPECIAL ASSIGNMENT COMPENSATION .. ............................... 7 Section K. MOVIE DETAIL ................................................ ..............................8 ARTICLE VI OVERTIME ........................................................... ............................... 8 Section A. MAY BE REQUIRED ....................................... ............................... 8 Section B. FAIR LABOR STANDARDS ACT .................... ............................... 8 Section C. MINIMUM CREDIT AND EMERGENCY RECALL ......................... 8 Section D. SHIFT EXCHANGES ...................................... ............................... 9 Section E. SHIFT SCHEDULE ......................................... ............................... 9 ARTICLE VII LONGEVITY PAY ............................................... ............................... 10 ARTICLE VIII RETIREMENT ..................................................... ............................... 10 Section A. EMPLOYEES HIRED PRIOR TO JULY 1, 2011 .......................... 10 Section B. EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 BUT BEFORE OCTOBER 9, 2011 ....................................... ............................... 10 Section C. EMPLOYEES HIRED ON OR AFTER OCTOBER 9, 2011 OTHER THAN NEW CALPERS MEMBERS .............. ............................... 10 Section D. NEW CALPERS MEMBERS HIRED AFTER JANUARY 1, 2013. 10 ARTICLE IX RETIREE MEDICAL ........................................... ............................... 17 Section A. RETIREE MEDICAL — EMPLOYEES HIRED PRIOR TO JULY 1, 2011 .............................................................. ............................... 10 Section B. RETIREE MEDICAL —EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 .......................................................... ............................... 10 ARTICLE X HEALTH, DENTAL AND LIFE INSURANCE ...... ............................... 17 Section A. CONTRIBUTIONS ........................................ ............................... 17 ARTICLE XI DISABILITY INCOME INSURANCE ................... ............................... 19 ARTICLE XII UNIFORMS ......................................................... ............................... 19 ARTICLE XIII TUITION LOAN / REIMBURSEMENT ................... ............................... 20 ARTICLE XIV LEAVES ............................................................. ............................... 21 Section A. POWER TO GRANT LEAVES ...................... ............................... 21 Section B. MILITARY LEAVE ......................................... ............................... 22 Section C. VACATION LEAVE ....................................... ............................... 24 Section D. SICK LEAVE ................................................. ............................... 25 Section E. BEREAVEMENT LEAVE .............................. ............................... 27 Section F. WORKERS' COMPENSATION ..................... ............................... 27 Section G. HOLIDAYS ...................................................... .............................28 Section H. JURY LEAVE ................................................ ............................... 28 Section I. WITNESS LEAVE ......................................... ............................... 28 Section J. UNAUTHORIZED ABSENCE ........................ ............................... 28 Section K. UNION LEAVE ................................................ .............................28 ARTICLE XV PROBATIONARY PERIOD ................................ ............................... 29 ARTICLE XVI EMT -1 CERTIFICATION ..................................... ............................... 29 ARTICLE XVII NO SMOKING POLICY ...................................... ............................... 30 ARTICLE XVIII RESPONSE TIME ............................................... ............................... 30 ARTICLE XIX STAFFING .......................................................... ............................... 30 Section A. Daily Staffing Levels ...................................... ............................... 30 Section B. Strike Team Rest Period ............................... ............................... 31 ARTICLE XX WELLNESS PROGRAM ..................................... ............................... 31 ARTICLE XXI EMPLOYEE GRIEVANCES ................................ ............................... 31 Section A. DEFINITIONS ............................................... ............................... 31 Section B. EXCLUSIONS FROM THE GRIEVANCE PROCEDURE ............ 31 Section C. TIMELINESS ................................................... .............................32 Section D. EMPLOYEE REPRESENTATION ................. ............................... 32 Section E. INFORMAL GRIEVANCE PROCEDURE ...... ............................... 32 Section F. FORMAL GRIEVANCE PROCEDURE ......... ............................... 32 Section G. APPEAL TO HUMAN RESOURCES COMMISSION ................... 34 ARTICLE XXII FULL UNDERSTANDING ................................... ............................... 39 2014 -2018 NEGOTIATION TEAMS .............................................. ............................... 40 li ARTICLE I Section A. PARTIES AND RECOGNITION Section B Section C ARTICLE II Section A. Section B 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 Firefighters' Association, a formally recognized employee organization, hereinafter referred to as the "Association ", pursuant to the provisions of the Meyers - Milias -Brown Act (Government Code § §3500 et. seq.). APPROPRIATE UNIT The classifications covered by this agreement are: • Firefighter • Firefighter Paramedic • Fire Engineer • Fire Captain MUTUAL RECOMMENDATION This Memorandum of Understanding recommendation to be presented to the ratification, and to the City Council for adoption. TERM constitutes a mutual Association members for 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 for the period beginning April 1, 2014 and ending June 30, 2018. MAINTENANCE OF BENEFITS For the term of this MOU, all currently effective provisions of the City Council, including ordinances, resolutions, mini - resolutions and budgets relating to any mandatory item of the meet and confer process shall remain in effect as currently administered except as modified by this Agreement. 1 Section C. 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, such provision shall be deemed stricken from the Agreement, and any right, benefit or obligation conferred by that provision shall be discontinued. The remaining Sections of this Agreement shall remain in full force and effect for the duration of said Agreement. Section D. STATE AND FEDERAL LAWS The City and Association agree to abide by all State and Federal laws relating to employer - employee relations and employee benefits, and perceived infractions shall not be a grievous offense, but must be pursued through proper legal channels. ARTICLE III ASSOCIATION RIGHTS Section A. 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 B. 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: 1. 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. 2 Section C. PAYROLL DEDUCTION The City will deduct from the pay of Association members the normal and regular monthly Association membership dues as voluntarily 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 (15) days or longer after such submission. Section D. ACCESS TO FACILITIES All Association business will be conducted by employees and Association representatives outside of established work hours whenever possible. 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 representative 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, the Fire Chief or his /her designee, to state the purpose of his /her visiting; and 2. The Human Resources Administrator, the Fire Chief or his designee determines that such visit shall not interfere with the operations of the department. 3 Section E. 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 three 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 names and addresses of the three (3) authorized representatives within five (5) days of the effective date of this agreement. Changes of authorized representatives shall be in writing and may be submitted on an as needed basis. ARTICLE IV MANAGEMENT RIGHTS 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 workforce 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, staff 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. ARTICLE V COMPENSATION Section A. CLASSIFICATIONS /SURVEYS /STUDIES The City agrees to increase base salaries of classifications covered by this MOU in the amount of 2% effective April 1, 2014, July 1, 2015, and July 1, 2016, and 2.5% effective July 1, 2017. The salary schedules for classifications covered by this MOU are set forth on Exhibit "A" and incorporated herein. In the event the City conducts another compensation study in the future, the City agrees to include EMT Bonus Pay of the surveyed cities as a component of base pay. 12 The City's last Labor Market Salary Survey was completed April 2007 and revised June 2007. The survey utilized a labor market for the City, which included fire service salary data for the County of Los Angeles, and the cities of Alhambra, Burbank, Downey, Monrovia, Monterey Park, Pasadena, Redondo Beach and West Covina. In the event that one or more of the above cities discontinues operating a City fire department, the following cities, in this order, shall be used to replace any such city: 1) Culver City and 2) Manhattan Beach. The classifications Firefighter and Fire Captain are benchmark classes within the survey. Section B. PROMOTION OR ADVANCEMENT IN RATE OF COMPENSATION When an employee is promoted, the pay shall advance to the lowest step in such higher range that will provide not less than approximately a 5% increase in compensation unless the top step in such range provides less than that amount. The 5% shall be measured by the salary from which the employee is promoted. When an employee is promoted to a higher classification, the date of promotion shall be used in determining the date of future step increases. Any salary increases members are due from promotions or new hires shall continue to be received in accordance with the AFFA Memorandum of Understanding and City Rules and Regulations. These increases shall take place on their hire date or their appointment/promotion date. Section C. EDUCATIONAL INCENTIVE COMPENSATION Qualified employees who possess an Associate of Arts degree, shall receive an additional 2.5% as their regular salary. Employees who possess a Bachelor of Arts or Science degree shall receive an additional 5% as their regular salary. Employees shall qualify for the Education Incentive Compensation increases when they have been awarded a degree in a field closely related to their job duties. Typical fields of specialization include Fire Science, Fire Administration, Management, Business Administration, Psychology, Sociology, Nursing, Allied Health, Emergency Medical Services, and Public Administration. Other areas of specialization will be considered when they are of direct benefit to the City with the approval of the Fire Chief and Human Resources Administrator. An employee who does not possess a degree, but has 60 or more college units acceptable to a college or university which is accredited by the California Department of Education towards a Baccalaureate degree and has completed a minimum of 20 units in fire related courses acceptable to an accredited California Junior College towards an Associate of Arts Degree in Fire Science, Fire Administration, Emergency Medical Services or related degree shall receive an additional 2.5% as their regular salary. Degrees shall be granted by colleges and universities which are fully accredited in the state of California. Members who qualify for any step advancement based on education shall provide to the Fire Chief a copy of their transcript which demonstrates that qualified units were achieved or the notation of the degree received. The copy of the transcript will become part of the individual's personnel file. Section D. STEP INCREASE PERCENTAGES The parties acknowledge that the percentages between steps shall be as close to 2.5% as the payroll computer's capability allows. Section E. FIRE PREVENTION BUREAU ASSIGNMENT Fire suppression personnel assigned to the Fire Prevention Bureau shall receive $69.23 per pay period in addition to their base salary. Thereafter, the Fire Chief shall set the stipends for this assignment on an annual basis no less than the current MOU provision. During the term of this Agreement, non -shift (40 hour work week) Firefighter personnel assigned to the Fire Prevention Bureau as a Deputy Fire Marshal shall be paid at the same salary range as Fire Captain. In accordance with the provisions of the Fair Labor Standards Act, this additional compensation shall be added to base pay for the computation of overtime for the positions mentioned above. Employees assigned to the Fire Prevention Bureau on a modified work basis (temporary or permanent assignment) due to either an on- the -job or off- the -job illness or injury shall not receive the additional assignment pay. Employees regularly assigned to the Fire Prevention Bureau, who are injured (illness) and thereafter return to the assignment on a modified work basis, shall not lose their assignment pay. 0 Section F. CAPTAIN II COMPENSATION Except as provided hereinafter, during the term of this Agreement a Fire Captain assigned by the Fire Chief to be in command of a Truck Company shall be appointed to Fire Captain II. A Fire Captain assigned by the Fire Chief to serve as Fire Captain II shall receive 5% in addition to his /her base salary during the period of the assignment as Captain II. Section G. ADMINISTRATIVE CAPTAIN COMPENSATION During the term of this Agreement a Fire Captain with a Bachelors Degree, assigned by the Fire Chief to be an Administrative Captain shall receive $260 per pay period in addition to his /her base salary during the period of the assignment as the Administrative Captain. During the term of this Agreement a Fire Captain with an Associate Degree or equivalent, assigned by the Fire Chief to be an Administrative Captain shall receive $255 per pay period in addition to his /her base salary during the period of the assignment as the Administrative Captain. Section H. URBAN SEARCH AND RESCUE COMPENSATION During the term of this Agreement, any represented employee who meets the State Office of Emergency Services minimum training standards for Type I Urban Search and Rescue shall receive $50 per pay period in addition to their base salary. Section I. OUT OF RANK PARAMEDIC COMPENSATION During the term of this Agreement, a represented employee who is not assigned as a Firefighter /Paramedic and maintains their Paramedic Certification shall receive $50 per pay period in addition to their base salary. Section J. SPECIAL ASSIGNMENT COMPENSATION A maximum of 10 members represented by this Agreement who perform special assignments as identified by the Fire Chief shall receive $25 per pay period. These positions shall include the following: Maintenance Coordinator, Communications Coordinator, Paramedic Coordinator, SCBA Coordinator, (3) Shift Arson Investigator, (3) Background Investigator. No employee shall be compensated for performing more than one of these positions. 7 Section K. MOVIE DETAIL Employees represented by this Agreement shall receive $43.34 per hour, with a six (6) hour minimum at time and one half for all movie detail worked. In the event of a Movie Detail Cancellation, Arcadia Fire Departmental Policy number 110.1, "Movie Detail Cancellations" will be followed. ARTICLE VI OVERTIME Section A. The Fire Chief may require employees in the Fire Department to work at any time other than during regular working hours until such work is accomplished. Section B. FAIR LABOR STANDARDS ACT For periods of time that the Fair Labor Standards Act applies to employees in classifications covered by this Agreement, any such employee who is required to work in excess of the standard hours established by the Act (currently 204 hours in a 27 day period) shall be compensated at the rate of time and one -half the employee's regular rate of pay, provided the employee is not otherwise exempt. Computation of overtime and payment for overtime shall comply with the Department of Labor regulations. Except as provided hereinafter, for purposes of overtime calculation, all paid leaves of absence shall be regarded as hours worked, except sick leave. Sick leave will be regarded as hours worked for any member of this unit with 25 years of service or more with the City of Arcadia. No overtime credit shall be allowed for any period less than one - quarter hour. Section C. MINIMUM CREDIT AND EMERGENCY RECALL No overtime credit shall be allowed for any period less than one - quarter hour, provided that an employee who is recalled to work after completing a day's work, including any overtime, shall receive a minimum credit of one hour at time and one -half at his hourly rate. Emergency Recall for sworn classifications shall receive a minimum credit of two (2) hours overtime at the employee's hourly rate. This also includes members who have reported for duty under normal hiring procedures. 9 Section D. SHIFT EXCHANGES Unit members may voluntarily trade shifts among themselves. While the employees' supervisors must approve the shift trade in writing, no supervisor will require, reward or otherwise compel employees to trade shifts. An employee may refuse to participate in any shift trade without explanation. Supervisors establish the employees' schedules to meet the needs of the Department and therefore, shift trading is exclusively for the employees' convenience. A shift trade under this article results in one (1) employee working the shift of another employee or a portion thereof. Both employees will be paid their regular wages for the work -week in which the shift occurred. The employee working the extra shift will receive no overtime compensation for doing so. The employee whose shift was worked by another employee will not forfeit any compensation as a result of the trade. Section E. SHIFT SCHEDULE The City agrees to conduct a formal study with department administration and AFFA appointees to evaluate the 48/96 work schedule over the next 18 months. The parties agree to re -open discussions on this matter only within 30 days of March 1, 2016 (a window of time between January 31, 2016 through March 31, 2016). Measures and indicators will be developed during the study period for consideration during discussion as to whether a trial period for this work schedule is appropriate. The parties acknowledge that this reopener does not obligate the City to change and /or modify any provisions of the MOU during the term of this MOU. Any changes /modifications to the MOU as a consequence of this reopener must be by mutual agreement. The failure to reach mutual agreement is not subject to the MOU grievance process; unfair labor practice proceedings before the Public Employment Relations Board; and /or proceedings in the Superior Court. 9 ARTICLE VII LONGEVITY PAY Longevity Pay will be implemented based on the following formula: Completed Years of Continuous Service Amount Per Pay Period 5 — 9 Years $42.02 10 — 14 Years $63.04 15 Years and beyond $84.06 The Longevity Pay benefit is effective the pay period an employee completes 5, 10, or 15 years of continuous employment with the City. The foregoing amounts shall be subject to applicable payroll deductions. ARTICLE VIII RETIREMENT Section A. EMPLOYEES HIRED PRIOR TO JULY 1, 2011 The City contracts with the State of California Public Employees Retirement System (CaIPERS) for the classifications of Firefighter, Firefighter Paramedic, Fire Engineer, and Fire Captain. The plan shall include the following options: 1. 3% at age 50 retirement formula (Government Code §21362.3); 2. Single highest year final compensation Government Code §20042); 3. Post Retirement Survivor Continuance; 4. Credit for unused sick leave (Government Code § 20965); 5. 1959 Survivors Benefit for which each employee contributes ninety -three cents ($.93) per pay period. 6. Fourth level 1959 Survivors Benefit increased allowance (Government Code §21574); 7. Military service credit as public service option (Government Code § 21024). It is agreed and understood that the employee is responsible for paying for this benefit; 8. The City agrees to allow members to participate in a pre -tax payroll deduction plan for service credit purchases; 9. Provided the employee signs a waiver releasing and holding the City harmless from any liability whatsoever, the City agrees to allow members to use funds from their deferred compensation (457 Plan) towards the pre -tax payroll deduction plan for service credit purchases; 10. Special compensation items shall be reported to CaIPERS in accordance with applicable law; 11. Employees agree to make contributions to offset a portion of the City's costs related to CaIPERS retirement benefits. The employee cost - sharing will be accomplished through pre -tax 10 12 13 deductions in the manner contemplated by Government Code §20516(f). The parties recognize that the IRS has yet to take a position on the pre -tax status of deductions made under §20516(f) and in the event that, subsequent to the effective date of this provision, the IRS determines that such deductions do not qualify for pre -tax status, the parties agree to meet and discuss the effects thereof. The cost - sharing arrangement will be implemented as follows: employees will pay 9% of PERSable compensation to CalPERS retirement. The City shall continue to pay the full cost of the employees' normal member contribution to CalPERS of 9% (EPMC) and shall continue to report that as additional compensation pursuant to Government Code §20636(c)(4). Further, said amount will be allocated to the employee's retirement account. The Pre - Retirement Option 2W Death Benefit (Government Code §21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional Benefits), employees agree to cost -share this benefit with the City through pre -tax deductions in the manner contemplated by §20516(f) of the Government Code. The parties recognize that the IRS has yet to take a position on the pre -tax status of deductions made under §20516(f) and in the event that, subsequent to the effective date of this provision, the IRS determines that such deductions do not qualify for pre -tax status, the parties agree to meet and discuss the effects thereof. It is agreed and understood that both parties shall split the cost of this optional benefit which was determined to be a total of .22 %. the cost - sharing arrangement will be implemented as follows: employees will pay one and ten hundredths of a percent (.11%) of PERSable compensation to CalPERS retirement via payroll deduction; and the City will pay one and ten hundreths of a percent (.11 %) of PERSable compensation to CalPERS retirement. 11 Section B. EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 BUT BEFORE OCTOBER 9, 2011 The City contracts with the State of California Public Employees Retirement System (CaIPERS) for the classifications of Firefighter, Firefighter Paramedic, Fire Engineer, and Fire Captain. The plan shall include the following options: 1. 3% at age 50 retirement formula (Government Code §21362.3); 2. Single highest year final compensation Government Code §20042); 3. Post Retirement Survivor Continuance; 4. Credit for unused sick leave (Government Code § 20965); 5. 1959 Survivors Benefit for which each employee contributes ninety -three cents ($.93) per pay period. 6. Fourth level 1959 Survivors Benefit increased allowance (Government Code §21574); 7. Military service credit as public service option (Government Code § 21024). It is agreed and understood that the employee is responsible for paying for this benefit; 8. Employee will pay the full nine percent (9 %) member contribution to CaIPERS on a pre -tax basis via payroll deduction; 9. The City agrees to allow members to participate in a pre -tax payroll deduction plan for service credit purchases; 10. Provided the employee signs a waiver releasing and holding the City harmless from any liability whatsoever, the City agrees to allow members to use funds from their deferred compensation (457 Plan) towards the pre -tax payroll deduction plan for service credit purchases; 11. Special compensation items shall be reported to CaIPERS in accordance with applicable law; 12. The Pre - Retirement Option 2W Death Benefit (Government Code §21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional Benefits), employees agree to cost -share this benefit with the City through pre -tax deductions in the manner contemplated by §20516(f) of the Government Code. The parties recognize that the IRS has yet to take a position on the pre -tax status of deductions made under §20516(f) and in the event that, subsequent to the effective date of this provision, the IRS determines that such deductions do not qualify for pre -tax status, the parties agree to meet and discuss the effects thereof. It is agreed and understood that both parties shall split the cost of this optional benefit which was determined to be a total of .22 %. the cost - sharing arrangement will be implemented as follows: employees will pay one and ten hundredths of a 12 percent (.11%) of PERSable compensation to CaIPERS retirement via payroll deduction; and the City will pay one and ten hundredths of a percent (.11%) of PERSable compensation to CaIPERS retirement. Section C. EMPLOYEES HIRED ON OR AFTER OCTOBER 9, 2011 OTHER THAN NEW CALPERS MEMBERS The City contracts with the State of California Public Employees Retirement System (CaIPERS) for the classifications of Firefighter, Firefighter Paramedic, Fire Engineer, and Fire Captain. The plan shall include the following options: 1. 3% at age 55 retirement formula (Government Code §7522.25); 2. Three (3) year average final compensation period (Government Code §20037); 3. Post Retirement Survivor Continuance; 4. Credit for unused sick leave (Government Code §20965); 5. 1959 Survivors Benefit for which each employee contributes ninety -three cents ($.93) per pay period; 6. Fourth level 1959 Survivor's Benefit increased allowance (Government Code §21574); 7. Military service credit as public service option (Government Code §21024). It is agreed and understood that the employee is responsible for paying for this benefit; 8. Employees will pay the full nine percent (9 %) member contribution to CaIPERS on a pre -tax basis via payroll deduction; 9. The City agrees to allow members to participate in a pre -tax payroll deduction plan for service credit purchases; 10. Provided the employee signs a waiver releasing and holding the City harmless from any liability, whatsoever, the City agrees to allow members to use funds from their deferred compensation (457 plan) towards the pre -tax payroll deduction plan for service credit purchases; 11. Special compensation items shall be reported to CaIPERS in accordance with applicable law; and 12. The Pre - Retirement Option 2W Death Benefit (Government Code §21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional Benefits), employees agree to cost -share this benefit with the City through pre -tax deductions in the manner contemplated by §20516(f) of the Government Code. The parties recognize that the IRS has yet to take a position on the pre -tax status of deductions made under §20516(f) and in the event that, subsequent to the effective date of this provision, the IRS determines that such deductions do not qualify for pre -tax status, the parties agree to meet and discuss the effects thereof. It is agreed and understood that both parties shall split the cost 13 of this optional benefit which was determined to be a total of .22 %. the cost - sharing arrangement will be implemented as follows: employees will pay one and ten hundredths of a percent (.11%) of PERSable compensation to CaIPERS retirement via payroll deduction; and the City will pay one and ten hundreths of a percent (.11%) of PERSable compensation to CaIPERS retirement. Section D. NEW CaIPERS MEMBERS HIRED AFTER JANUARY 1, 2013 The City contracts with the State of California Public Employees Retirement System (CaIPERS) for the classifications of Firefighter, Firefighter Paramedic, Fire Engineer, and Fire Captain. The plan shall include the following options: 1. 2.7% at age 57 retirement formula (Government Code §7522.25); 2. Three (3) year average final compensation period (Government Code §20037); 3. Post Retirement Survivor Continuance; 4. Credit for unused sick leave (Government Code §20965); 5. 1959 Survivors Benefit for which each employee contributes ninety -three cents ($.93) per pay period; 6. Fourth level 1959 Survivor's Benefit increased allowance (Government Code §21574); 7. Military service credit as public service option (Government Code §21024). It is agreed and understood that the employee is responsible for paying for this benefit; 8. Employee will pay 50% of the normal cost, currently twelve percent (12 %) member contribution to CaIPERS on a pre -tax basis via payroll deduction (Government Code §7522.30) 9. The City agrees to allow members to participate in a pre -tax payroll deduction plan for service credit purchases; 10. Provided the employee signs a waiver releasing and holding the City harmless from any liability, whatsoever, the City agrees to allow members to use funds from their deferred compensation (457 plan) towards the pre -tax payroll deduction plan for service credit purchases; 11. Special compensation items shall be reported to CaIPERS in accordance with applicable law; and 12. The Pre - Retirement Option 2W Death Benefit (Government Code §21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional Benefits), employees agree to cost -share this benefit with the City through pre -tax deductions in the manner contemplated by §20516(f) of the Government Code. The parties recognize that the IRS has yet to take a position on the pre -tax status of deductions made under §20516(f) and in the event that, subsequent to the effective date of this provision, the 14 IRS determines that such deductions do not qualify for pre -tax status, the parties agree to meet and discuss the effects thereof. It is agreed and understood that both parties shall split the cost of this optional benefit which was determined to be a total of .22 %. the cost - sharing arrangement will be implemented as follows: employees will pay one and ten hundredths of a percent (.11%) of PERSable compensation to CalPERS retirement via payroll deduction; and the City will pay one and ten hundredths of a percent (.11%) of PERSable compensation to CalPERS retirement. ARTICLE IX RETIREE MEDICAL Section A. RETIREE MEDICAL— EMPLOYEES HIRED PRIOR TO JULY 1, 2011 Tier 2 Retirees. For employee hired before July 1, 2011, and retiring from the City on or after January 1, 2012 ( "Tier 2 Retirees "), the City agrees to provide a Premium Payment for the purpose of purchasing health coverage offered through CalPERS for the Tier 2 Retiree and his /her spouse in an amount not to exceed the monthly premium applicable to the coverage level for the retiree (i.e. Employee Only or Employee + spouse) in an amount not to exceed the 2012 PERS Choice plan* ( *rates are determined by region or residence, Los Angeles Area rates for 2012: employee only $505.63, employee + spouse $1,011.26). The Premium Payment shall be payable in the following form: (1) PEMHCA Minimum contribution payable directly to CalPERS, and (2) a reimbursement to the Tier 2 Retiree equal to the difference between the cost of plan in which the Tier 2 Retiree enrolls, subject to the foregoing cap, and the PEMHCA Minimum contribution ( "Reimbursement "). If a retiree enrolls in a more expensive plan, he or she will be responsible for payment of any premium in excess of the capped amount. The reimbursement shall cease for the Tier II retiree upon eligibility for Medicare coverage, and the spousal reimbursement shall cease upon eligibility for Medicare coverage, or after 15 years, whichever occurs first. Tier II Retirees must be "eligible retirees" in order to receive the benefits described in this paragraph. 1. An "eligible retiree" is a sworn unit member who retires on a service, disability, or industrial disability retirement and has 1,500 hours of accumulated sick leave at the date of retirement. An employee who has fewer than 1,500 hours of accumulated sick leave at the date of retirement may become eligible for coverage for the employee and spouse health insurance premium by paying the City an amount equal to his /her daily pay rate at the time of retirement times 15 the number of days needed to meet the 1,500 hours of accumulated sick leave requirement. There are three (3) conditions for employees to be eligible to exercise this buyback provision: a. The employee must be at least 50 years old; b. The employee must have worked full -time continuously for the City of Arcadia for a minimum of 15 years; and c. The employee is limited to purchasing a maximum of 500 hours of sick leave; 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 500 hours will be excused. 2. 40 -Hour Week Schedule. A unit member assigned to a 40 -Hour week schedule who retires on a service, disability, or industrial disability retirement and has 1,000 hours of accumulated sick leave at the date of retirement, is also an "eligible retiree." An employee in the 40 -hour week who has fewer than 1,000 hours of accumulated sick leave at the date of retirement may become eligible for coverage for employee and spouse health insurance premium by paying the City an amount equal to his /her hourly pay rate at the time of retirement times the number of hours needed to meet the 1,000 hours of accumulated sick leave requirement. There are three (3) conditions for an employee assigned to a 40 hour workweek to be eligible to exercise this buyback provision: a. The employee must be at least 50 years old; b. The employee must have worked full -time continuously for the City of Arcadia for a minimum of 15 years; and c. The employee is limited to purchasing a maximum of 350 hours of sick leave; 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. In addition, the eligible employee must apply prior to retirement for such coverage through the City's Human Resources Division. The Association shall notify the City's Human Resources Division in the event of the death of a retired member. irt 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. Section B. RETIREE MEDICAL— EMPLOYEES HIRED ON OR AFTER JULY 1. 2011 Tier 3 Retirees. For employees hired on or after July 1, 2011 that retire from the City and who remain enrolled in a CalPERS health plan after retirement (Tier 3 Retiree), the City will pay no more than the PEHMCA Minimum contribution. Tier 3 Retirees shall not be reimbursed or otherwise receive payment from the City for health insurance premiums in excess of the PEMHCA Minimum contribution. ARTICLE X HEALTH, DENTAL, VISION, LIFE INSURANCE, AND DEFERRED COMPENSATION Section A. CONTRIBUTIONS The City shall provide regular full -time employees in a classification represented by this Agreement with the following contributions: 1. CaIPERS Health Program. The City will contribute the minimum employer contribution required pursuant to Government Code §22892(b) ( "Minimum Contribution ") per month per employee for health insurance. 2. Dental Insurance — mandatory enrollment. The City will contribute the employee only cost for DeltaCare USA insurance per month ( "Dental Contribution ") toward one of two dental plans. Additional coverage may be purchased through the Optional benefits allocation. 3. Optional Benefits. Subject to the limits set forth herein, the City shall contribute the remaining amount of employee's health and dental insurance benefit allowance through a contribution to an Internal Revenue Code §125 Cafeteria Plan as follows: a. Single employees without dependents, hereinafter referred to as "Employee Only," shall receive a contribution from the City, inclusive of the Minimum Contribution and Dental Contribution, toward the cost of premiums not to exceed $553 /month. b. Employees with one qualified dependent hereinafter referred to as "Employee + 1" shall receive a contribution 17 from the City, inclusive of the Minimum Contribution and Dental Contribution, towards the cost of premiums not to exceed $879 /month. c. Employees with two or more qualified dependents, hereinafter referred to as "Family," shall receive a contribution from the City, inclusive of the Minimum Contribution and Dental Contribution, towards the cost of premiums not to exceed $1,085 /month. For example, an employee shall receive a monthly contribution from the City as follows: For the duration of this Agreement, the City will not reduce the benefit allowance amounts stated in this MOU, nor will they pay less than the minimum contributions outlined in this section. If the premium cost of the health and dental plans in which an employee enrolls exceeds the City's benefit contribution, the employee shall pay through payroll deduction the difference between the monthly premium and the amount contributed by the City. The employee shall forfeit any balance should the City's contribution exceed the cost of the premium. 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 including social security number, marriage, birth and /or adoption certificates. 4. Life Insurance. The City shall provide a $25,000 life insurance /$50,000 accidental death and dismemberment benefit for eligible employees. The City agrees to pay up to $10,000 for funeral expenses for members killed in the line of duty or work related death within five (5) years after retirement. `E; Employee Only Employee + 1 Family PEMHCA minimum $119.00* $119.00* $ 119.00* Minimum Dental $ 16.93* $ 16.93* $ 16.93* Optional Benefits $417.07 $743.07 $ 949.07 Total $553.00 $879.00 $1,085.00 * Numbers used in this example are 2014 rates. For the duration of this Agreement, the City will not reduce the benefit allowance amounts stated in this MOU, nor will they pay less than the minimum contributions outlined in this section. If the premium cost of the health and dental plans in which an employee enrolls exceeds the City's benefit contribution, the employee shall pay through payroll deduction the difference between the monthly premium and the amount contributed by the City. The employee shall forfeit any balance should the City's contribution exceed the cost of the premium. 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 including social security number, marriage, birth and /or adoption certificates. 4. Life Insurance. The City shall provide a $25,000 life insurance /$50,000 accidental death and dismemberment benefit for eligible employees. The City agrees to pay up to $10,000 for funeral expenses for members killed in the line of duty or work related death within five (5) years after retirement. `E; 5. Vision Plan. The City shall provide each employee with a vision plan, with the City paying the premium in fiscal years FY14 -15 through FY17 -18. The vision plan will be Vision Service Plan, Option B. The City will pay the premium up to the cost of the family plan. 6. Deferred Compensation. During the term of this agreement, the City shall contribute to each employee's IRC 457 Deferred Compensation Account in the following amounts: $33.35 per pay period starting April 1, 2014; $66.70 per pay period starting July 1, 2015; and $100.05 per pay period starting July 1, 2016 and to continue indefinitely unless otherwise amended through labor negotiations. It is understood by the parties that deferred compensation contributions are paid over 24 pay periods each calendar year. ARTICLE XI DISABILITY INCOME INSURANCE The City does not contribute to disability income insurance for represented employees. The Association agrees to purchase its own disability insurance through payroll deductions. ARTICLE XII UNIFORMS Section A. The initial supply of uniforms is: 4 pair of work pants, 3 work shirts, 1 belt, 1 belt buckle, 2 pair of work boots, badge, and a work jacket. The Captain class "A" uniform includes: 1 pair of dress pants, a Double Breasted jacket, white long sleeve shirt, tie, billed hat and dress badge The Firefighter, Firefighter /Paramedic and Fire Engineer class "A" uniform includes: 1 pair of dress pants, 1 dress shirt, tie, billed hat and dress badge. The above items are supplied upon employment to all personnel and Captain class "A" uniform immediately following promotion. 19 Section B. There shall be a Uniform Replacement Program for the following items: 1. Shirts 2. Trousers 3. Work Jacket The program shall be administered by, and at the discretion of the City, for the purpose of providing replacement of worn items only. Section C. The City of Arcadia shall set standards for footwear in the Arcadia Fire Department. The City shall provide a safety boot for each member of the Fire Department who is involved in the suppression of fires. This boot will be required footwear for the department. The total cost of the safety boot shall be borne by the City. Increases in cost for the safety boot shall also be absorbed by the City. The only footwear cost the City will pay is for the safety boot. Responsibility for standards of footwear is the City's alone. Section D. Upon termination of employment the employee shall turn in all current uniforms issued in his /her possession, or shall have a dollar amount equal to the lost uniforms' cost deducted from the employee's final check. Section E. The City shall report $25.19 per pay period to CalPERS as special compensation for department issued uniforms. ARTICLE XIII TUITION LOAN /REIMBURSEMENT Employees shall be eligible for tuition advancement or reimbursement who have completed at least one probationary period in the Classified Service, or one year of continuous service if employment is "at- will," subject to the conditions below. To qualify for tuition advancement/reimbursement, a Tuition Loan/ Reimbursement Form must be submitted and pre- approved by the employee's Department Head and Human Resources Administrator, before the course(s) begin. Tuition loan or reimbursement shall only be for courses, specialized training, or degree programs "job- related" that are directly related to the employee's position as determined by the City Manager or designee. The Tuition Loan /Reimbursement Program will operate on a fiscal year basis (July 1 through June 30) and shall be subject to the availability of funds as determined by the City. The maximum loan or reimbursement amount shall be $4,126 for undergraduate courses and $5,062 for graduate courses. Eligible fees include tuition, on campus parking fees and textbooks. All other fees are subject to approval by the City. School supplies are not reimbursable. 20 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. If the employee either does not receive a "C" or better or for any reason does not finish the class, the advance is due and payable. Any employee who shall voluntarily retire or terminate employment or be terminated for disciplinary cause within one year from the completion of a class or classes shall refund all tuition paid under this provision for those specific classes unless they were required to attend by the appointing power. An employee who separates employment and who received tuition advancement and did not complete a class or classes within one (1) year from the advancement, shall refund all tuition advanced and be subject to the provisions outlined in the Advanced Tuition Participation and Loan Agreement. Employees who retire on a Disability or Industrial Disability Retirement, or are laid off shall not be required to refund tuition fees. The City reserves the right to investigate any school and approve or disapprove it for advancement or reimbursement if such action appears warranted. Courses must be taken at an accredited education institution, which is defined as any college or university which has been accredited by a recognized government or professional accrediting body (as determined by the City). Additionally, the City reserves the right to deny any course(s), specialized training or degree programs determined by the City Manager to be non -job related. ARTICLE XIV LEAVES 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 A. POWER TO GRANT 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 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 (1) 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 21 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 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. 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. 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. Section B. MILITARY LEAVE 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 thirty (30) calendar days of active military training, an employee must have been employed by the City for a period of not less than one (1) 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 thirty (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. 22 Military and Veteran's Code § §395, 395.01(a), 564 and 566 set forth provisions for state military reserve personnel employed by public employers are statutorily entitled to up to 180 days of temporary military leave for active duty activities with up to 30 days of paid military leave each fiscal year. When placed on state active duty this is ordered active duty, which entitles the employee to paid military leave. State military reserve personnel also generally have a right to extended leaves of absence and a right to re- employment after lengthy periods of ordered duty when called to active duty in certain emergency circumstances and public employees are entitled to receive their pay from their public employer for the first thirty (30) days of that period of active military and veteran's code § §143, 146, 395, 395.05, 395.06 and 566. Before leaving for an extended leave (181 days or more), the employee must notify the city of his or her intention to return to work upon the completion of the active duty service. Employees will have ninety (90) days from completion of extended active service to report back to work to resume their duties, must submit to the City a copy of the honorable discharge papers, and pass a medical exam. Additional military leave provisions were adopted by Council on November 20, 2001, in Resolution 6268. For military leave covered by this Resolution, the City will maintain the difference between the employee's City salary and benefits of the employee while on active military duty. Although a military leave of absence is not considered a break in service in relation to seniority, if the employee wishes to have their extended military service time credited toward CalPERS, the employee may buy back credit for their leave of absence for active military service through CalPERS as CalPERS has determined that payments while on such service are not reportable for retirement purposes. 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. 23 Section C. VACATION LEAVE 1. Employees assigned to a 24 hour shift schedule in the classification of Firefighter, Firefighter Paramedic, Fire Engineer and Fire Captain with the exception of temporary appointments, shall accumulate vacation leave beginning with the first full pay period of employment, at the rate of 7.384 hours per pay period during the first five years of continuous full time employment with the City (8.0 shifts per year); at the rate of 8.307 hours per pay period between the employee's fifth and tenth anniversary date of continuous full -time employment; at the rate of 10.153 hours per pay period between the employee's tenth and fifteenth anniversary date of continuous full time employment; and at the rate of 11.076 hours per pay period after the completion of fifteen years of continuous full time employment with the City (12 shifts per year). For employees assigned to 24 hour shifts, a "day" means 12 hours or one -half (1/2) shift. 2. Sworn employees assigned to a 40 hour week schedule, with the exception of temporary appointments, shall accumulate vacation with pay beginning with the first full pay period of employment at the rate of 4.61 hours per pay period during the first ten years of continuous full time employment with the City and at the rate 6.77 hours per pay period after the completion of ten years of continuous full time employment with the City. 3. Accumulated vacation leave shall be granted at the discretion of the appointing power. 4. Vacation may not be accumulated beyond the amount accumulable for a sixty -five (65) periods. Once an employee has accumulated this amount, no more vacation will be accrued by the employee until the employees' accrual has been reduced below this maximum amount. 5. 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. 24 6. 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. 7. 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. 8. 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 50% of the pay period, the employee shall receive credit for that pay period's vacation accrual. In an employee works less than 50% of the pay period, the employee accrues nothing. Section D. SICK LEAVE 1. All employees in classifications represented by this Agreement with the exception of temporary appointments, shall accrue sick leave beginning with the first full pay period of employment on the basis of 5.54 hours for each pay period of service completed with the City (6 shifts per year). 2. Sworn employees may accumulate up to a maximum of 2,100 hours of sick leave. For employees assigned to 24 hours shifts, a "day" means 12 hours or one half (1/2) shift. 3. Sick leave means authorized absence from duty of an employee who is temporarily disabled and unable to work due to a medical condition or due to a scheduled medical or dental appointment during regular working hours. Every effort shall be made to schedule appointments during non- working hours. 25 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 care and attendance of such employee. Sick leave may also be used when the employee's family dependent requires the employee's presence at the dependents medical or dental appointment during regular working hours. Every effort shall be made to schedule appointments during non - working hours. 5. Family dependents shall include only dependents currently residing in the employee's household, or the employee's minor children. 6. Sick leave may be used by an employee in accordance with paragraph 2 and 3 above. Any employee when off -duty as a result of personal or family illness shall report the fact immediately to his /her supervisor, or to the officer then in charge at the department, giving the nature of the illness or circumstances relative to his /her absence. 7. While absent from duty because of sickness or disability, he /she shall remain at his /her residence or place of confinement unless otherwise authorized by a physician or his /her supervisor. 8. The term "immediately" means that the employee or someone acting for the employee, shall notify the department as soon as it becomes apparent that the employee will not be able to report for duty. 9. Proof Of Illness. The Fire Chief and the City Manager may require evidence of the reason for any employee's absence during the time for which sick leave is requested. If the employee fails to provide such evidence as required by the Fire Chief and within the time limit specified by the department, the absence will be charged to leave without pay. 10. Denial. The Fire Chief 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. 26 11. Upon separation from the City of Arcadia, an employee who works 50% of the final pay period, shall receive credit for that pay period's sick leave accrual. If an employee works less than 50% of the pay period, the employee accrues nothing. Section E. BEREAVEMENT LEAVE An employee represented by this Agreement, with the exception of temporary appointments, may be granted a leave of absence with pay upon approval of the Fire Chief and the City Manager at the time of death, or where death appears imminent, in the immediate family, defined as the spouse, the employee's or employee's spouse's mother, stepmother or father, 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, up to a maximum of four (4) working days at one time (or six (6) working days if travel outside of the following Counties is required: Imperial, Kern, Los Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, San Luis Obispo and Ventura), shall not be charged against sick or other leave. If over four (4) working days of such leave is granted at one time, or over six (6), if applicable, that amount over four (4) or six (6) days shall be charged against sick or other leave. For employees assigned to 24 hours shifts, a "day" means 12 hours or 1/2 shift. Section F. WORKERS' COMPENSATION In those instances where an employee of the City of Arcadia is injured on duty and the injury or illness is so recognized by the Workers' Compensation Act of California, by the City of Arcadia or the Workers' Compensation Appeals Board, such employee shall be paid a combination of salary and Worker' Compensation equal to his /her regular salary rate for such time as he /she is absent from duty because of such injury or illness up to a maximum of one (1) year from and after date of such injury or illness. Lost time due to an injury or illness on duty shall not be charged against an employee's accumulated sick leave. Pursuant to the Internal Revenue Code, Section 104 (a) (1), Workers' Compensation benefits are not taxable income. 27 Section G. HOLIDAYS Employees in the classifications of Firefighter, Firefighter Paramedic, Fire Engineer and Fire Captain shall be allowed the following holidays with full pay: New Year's Day Labor Day Martin Luther King, Jr. Day Admission Day President's Day Columbus Day Cesar Chavez Day Thanksgiving Day Memorial Day Day After Thanksgiving Independence Day Christmas Day Section H. JURY LEAVE When a City employee is called or required to serve as a juror, attendance shall be deemed a leave of absence with full pay not to exceed 10 days per year. For each day the employee receives jury leave pay, the employee shall remit to the City all fees received except mileage. Section I. 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 all fees received except mileage. A paid leave of absence shall not be granted for time spent in Court on personal cases. Section J. UNAUTHORIZED ABSENCE Unauthorized leaves of absence are cause for immediate dismissal. Section K. UNION LEAVE Upon approval of the Fire Chief, AFFA board members or their designees may be granted time off with pay to attend conferences, meetings, or other union business. NEI 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 an acting assignment is made, it must be given to a member who meets the current minimum qualifications for the position and has been placed on a current eligibility list. In the absence of a current eligibility list, the acting assignment shall be given to a member who meets the current minimum qualifications and has been placed on an eligibility list for the assigned position in the past. Before an eligible candidate is to be placed in an acting position, the current vacancy shall remain open for a period of no less than six (6) shifts. Time worked in an acting position will not count as time worked on probation if a probationary appointment is made. All probationary periods will be twelve (12) months. 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 twelve (12) 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. ARTICLE XVI EMT -1 CERTIFICATION All members of the unit shall, at a minimum, maintain an EMT -1 Certification, or equivalent, with appropriate accreditations through the County and State and recertify every two (2) years. Training and recertification classes shall be conducted on City time. Failure to obtain the certification or to recertify is cause for progressive disciplinary action. 29 ARTICLE XVII NO SMOKING POLICY In recognition of the health hazards arising form the use of tobacco products, the parties agree that as a condition of employment, all unit members hired after July 1, 1991 shall sign individual agreements that the employee shall refrain from smoking, chewing or otherwise using tobacco products such as, but not limited to, cigarettes, cigars, pipe tobacco, chewing tobacco or snuff. An employee who fails to comply with the Agreement shall receive a written warning for the first offense, two (2) shifts off without pay for the second offense and shall be discharged for the third offense. ARTICLE XVIII RESPONSE TIME Due to the emergency requirements of prompt response time, all members of the unit are expected to return to work as soon as possible when required to respond to local emergencies. Employees shall be required to make themselves available to emergency recall response within twelve (12) hours of notification. ARTICLE XIX STAFFING Section A. DAILY STAFFING LEVELS During the course of this contract, the minimum daily staffing of fire suppression personnel shall be seventeen (17) and shall consist of: Battalion 105 ..................... Fire Battalion Chief Engine 105 ........................ Fire Captain, Fire Engineer, and Firefighter Engine 106 ........................ Fire Captain, Fire Engineer, and Firefighter Engine 107 ........................ Fire Captain, Fire Engineer, and Firefighter/ Paramedic Truck 105 .......................... Fire Captain, Fire Engineer, and Firefighter Rescue Ambulance 105.... Two (2) Firefighters /Paramedics Rescue Ambulance 106.... Two (2) Firefighters /Paramedics Notes: 1. At the discretion of the Fire Chief or designee, E107 may be staffed with a Firefighter in lieu of a Firefighter /Paramedic on a temporary basis to meet the needs of the department. 2. Management reserves the right, in the event of a disaster or operational crisis, to staff the above positions in acting capacities on a temporary basis. 30 Section B. STRIKE TEAM REST PERIOD Upon returning from a strike team deployment it will, when deemed necessary, be mutually agreed upon by both the company officer and the duty chief to grant a period of rest. During this period members will be excluded from training, daily duties, and other activities in order to be mentally and physically ready to complete their shift. ARTICLE XX WELLNESS PROGRAM During the term of this Agreement, the City agrees to implement a Wellness Program that includes a comprehensive fitness evaluation and lecture series provided by Santa Ana College Fire Technology Department at a cost not to exceed $14.20 per employee /year. ARTICLE XXI 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 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 Personnel Rules and Regulations. 3. "Department Administrator." The Department Head or designee. 4. "Work Day." A work day is any day the City offices are regularly open for business. Section B. EXCLUSIONS FROM THE GRIEVANCE PROCEDURE The procedure is not to be used for the purpose of changing wages, hours and working conditions. The procedure is not intended to be used to challenge the content of employee evaluations or performance reviews. 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. 31 The procedure is not intended to be used in cases of oral or written reprimand, demotion, suspension or removal. The procedure is not to be used to challenge violation of law or past practice unless the rules or MOU expressly refer to same. The procedure is not to be used to challenge examinations or appointment to positions. Section C. 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 D. 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 E. 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 F. 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. 32 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. 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) 33 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 G. APPEAL TO HUMAN RESOURCES COMMISSION 1. Scheduling of Hearing. Upon receipt of the request for an appeal, the City shall, within thirty (30) days, transmit the appeal to the Human Resources Commission. The Commission shall schedule a hearing. The appeal hearing shall be set not less than twenty (20) working days nor more than sixty (60) working days from the date of the filing of the appeal. All interested parties shall be notified in writing of the date, time, and place of the hearing at least ten (10) working days prior to the hearing. 2. Public Hearings. All hearings shall be open to the public. 3. Pre - Hearing Procedure a. Subpoenas. The Human Resources Commission is authorized to issue subpoenas at the request of either party prior to the commencement of the hearing. After the commencement of the hearing, subpoenas shall be issued by the Commission only for good cause. Each party will prepare their own subpoenas and present them to the Human Resources Division of the Administrative Services Department and the other party. The Human Resources Division of the Administrative Services Department will issue the subpoenas. The Human Resources Division of the Administrative Services Department will serve subpoenas for current City employees. It will be the responsibility of the employee or the City to serve subpoenas on individuals who are not currently employed by the City. It will be the responsibility of the employee and the City to submit the written request for subpoenas at least ten (10) working days before the date of the hearing. b. Exhibits and Witness Lists. Five (5) working days prior to the date set for the hearing, each party shall serve upon the other party and submit, to the Human Resources Division of the Administrative Services Department, a list of all witnesses and a list and copy of all exhibits. An original and nine (9) copies of the exhibits shall be presented to the Human Resources Division of the Administrative Services Department in 3 hole notebooks 34 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. 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. 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. 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. 35 The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. Irrelevant and unduly repetitious evidence may be excluded. 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. During examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party. 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: NER The Human Resources Chair shall announce the issues after a review of the statement of issues presented by each party. The grievant (employee) shall be permitted to make an opening statement. 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. Closing arguments shall be permitted at the discretion of the Human Resources Commission. The party with the burden of proof, shall have the right to go first and to close the hearing by making the last argument. The Commission may place a time limit on closing arguments. The Commission or the parties may request the submission of written briefs. After the request for submittal of written briefs, the Commission will determine whether to allow the parties to submit written briefs and determine the number of pages of said briefs. 11. Procedure for the Parties. The party representing the department and the party representing the employee will address their remarks, including objections, to the Chair of the Human Resources Commission. Objections may be ruled upon summarily or argument may be permitted. The Chair reserves the right to terminate argument at any time and issue a ruling regarding an objection or any other matter, and thereafter the representatives shall continue with the presentation of their case. 12. Right to Control Proceedings. While the parties are generally free to present their case in the order that they prefer, the Chair reserves the right to control the proceedings, including, but not limited to, altering the order of witnesses, limiting redundant or irrelevant testimony, or by the direct questioning of witnesses. 13. Hearing Demeanor and Behavior. All parties and their attorneys or representatives shall not, by written submission 37 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 its 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. 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. MR ARTICLE XXII FULL UNDERSTANDING Section A. This Memorandum of Understanding contains all the covenants, stipulations and provisions agreed upon by the parties and any other prior existing understanding or Agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded 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 the City, upon request, agrees to meet and confer with the Association over matters within the scope of representation. For the life of this Agreement it is agreed and understood that the Association hereto voluntarily 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 agree and understand that any Section of this MOU may be reopened by mutual consent. Section B. The parties have caused this Memorandum of Understanding to be executed this day of )2013. ARCADIA FIREFIGHTERS ASSOCIATION CITY OF ARCADIA Tom Devlin President 39 Dominic Lazzaretto City Manager 2014 -2018 NEGOTIATION TEAMS AFFA NEGOTIATING TEAM Jeff Bird, Firefighter /Paramedic Thomas Devlin, Fire Captain Chen Suen, Fire Captain John Twitchell, Fire Captain .W CITY REPRESENTATIVES Jason Kruckeberg, Assistant City Manager/ Development Services Director Hue Quach, Administrative Services Director Kurt Norwood, Deputy Fire Chief Heather McDowell, Sr. Human Resources Analyst Exhibit A CITY '.. f.. . i SALARY RANGE APRIL 1, 2014 TO JUNE 30, 215 '# i COLA Range Number Title Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J 67F Firefighter $5,507 $5,646 $5,785 $5,930 $6,080 $6,231 $6,386 $6,545 $6,711 $6,878 68F Firefighter AA $5,646 $5,785 $5,930 $6,080 $6,231 $6,386 $6,545 $6,711 $6,878 $7,049 69F Firefighter BA $5,785 $5,930 $6,080 $6,231 $6,386 $6,545 $6,711 $6,878 $7,049 $7,225 70F $5,930 $6,080 $6,231 $6,386 $6,545 $6,711 $6,878 $7,049 $7,225 $7,405 71F $6,080 $6,231 $6,386 $6,545 $6,711 $6,878 $7,049 $7,225 $7,405 $7,592 72 $6,231 $6,386 $6,545 $6,711 $6,878 $7,049 $7,225 $7,405 $7,592 $7,782 73F $6,386 $6,545 $6,711 $6,878 $7,049 $7,225 $7,405 $7,592 $7,782 $7,978 74F Fire Engineer Fire Paramedic $6,545 $6,711 $6,878 $7,049 $7,225 $7,405 $7,592 $7,782 $7,978 $8,178 75F Fire Engineer AA Fire Paramedic AA $6,711 $6,878 $7,049 $7,225 $7,405 $7,592 $7,782 $7,978 $8,178 $8,382 76F Fire Engineer Fire Paramedic B A B $6,878 $7,049 $7,225 $7,405 $7,592 $7,782 $7,978 $8,178 $8,382 $8,591 77F $7,049 $7,225 $7,405 $7,592 $7,782 $7,978 $8,178 $8,382 $8,591 $8,807 78F $7,225 $7,405 $7,592 $7,782 $7,978 $8,178 $8,382 $8,591 $8,807 $9,028 79F $7,405 $7,592 $7,782 $7,978 $8,178 $8,3821 $8,591 $8,807 $9,028 $9,254 80F Fire Captain $7,592 $7,782 $7,978 $8,178 $8,382 $8,591 $8,807 $9,028 $9,254 $9,486 81F Fire Captain AA $7,782 $7,978 $8,178 $8,382 $8,591 $8,807 $9,028 $9,254 $9,486 $9,724 82F Fire Captain BA $7,978 $8,178 $8,382 $8,591 $8,807 $9,028 $9,254 $9,4861 $9,724 $9,965 Exhibit A CITY OF • ^ , ► SALARY RANGE JULY 1, 2015 TO 2016 AFFA t COLA Range Number Title Step A Step B Step C Step D Step E Step F Step G Step H Step 1 Step J 67F Firefighter $5,617 $5,760 $5,901 $6,049 $6,202 $6,356 $6,514 $6,676 $6,845 $7,016 68F Firefighter AA $5,7601 $5,901 $6,049 $6,202 $6,356 $6,514 $6,676 $6,845 $7,016 $7,190 69F Firefighter BA $5,901 $6,049 $6,202 $6,356 $6,514 $6,676 $6,845 $7,016 $7,190 $7,370 70F $6,049 $6,202 $6,356 $6,514 $6,676 $6,845 $7,016 $7,190 $7,370 $7,553 71F $6,202 $6,356 $6,514 $6,676 $6,845 $7,016 $7,190 $7,370 $7,553 $7,744 72F $6,356 $6,514 $6,676 $6,845 $7,016 $7,190 $7,370 $7,553 $7,744 $7,938 73F $6,514 $6,676 $6,845 $7,016 $7,190 $7,370 $7,553 $7,744 $7,938 $8,138 74F Fire Engineer Fire Paramedic $6,676 $6,845 $7,016 $7,190 $7,370 $7,553 $7,744 $7,938 $8,138 $8,342 75F Fire Engineer AA Fire Paramedic AA $6,845 $7,016 $7,190 $7,370 $7,553 $7,744 $7,938 $8,138 $8,342 $8,550 76F Fire Engineer BA Fire Paramedic BA $7,016 $7,190 $7,370 $7,553 $7,744 $7,938 $8,138 $8,342 $8,550 $8,763 77F $7,190 $7,370 $7,553 $7,744 $7,938 $8,138 $8,342 $8,550 $8,763 $8,983 78F $7,370 $7,553 $7,744 $7,938 $8,138 $8,342 $8,550 $8,763 $8,983 $9,209 79F $7,553 $7,744 $7,938 $8,138 $8,342 $8,550 $8,763 $8,983 $9,209 $9,439 80F Fire Captain $7,744 $7,938 $8,138 $8,342 $8,550 $8,763 $8,983 $9,209 $9,439 $9,676 81F Fire Captain AA $7,938 $8,138 $8,342 $8,550 $8,763 $8,983 $9,209 $9,439 $9,6761 $9,918 82F Fire Captain BA $8,138 $8,342 $8,550 $8,763 $8,983 $9,209 $9,439 $9,676 $9,918 $10,164 Exhibit A CITT OF ARCADIA SALARY RANGE JULY 1, 2016 TO JUNE 30, 2017 A + COLA Range Number Title Step A Step B Step C Step D Step E Step F Step G Step h Step 1 Step J 67F Firefighter $5,729 $5,875 $6,019 $6,170 $6,326 $6,483 $6,644 $6,810 $6,982 $7,156 68F Firefighter AA $5,875 $6,019 $6,170 $6,326 $6,483 $6,644 $6,810 $6,982 $7,156 $7,334 69F Firefighter BA $6,019 $6,170 $6,326 $6,483 $6,644 $6,810 $6,982 $7,1561 $7,334 $7,517 70F $6,170 $6,326 $6,483 $6,644 $6,810 $6,982 $7,156 $7,334 $7,517 $7,704 71F $6,326 $6,483 $6,644 $6,810 $6,982 $7,156 $7,334 $7,517 $7,704 $7,899 72F $6,483 $6,644 $6,810 $6,982 $7,156 $7,334 $7,517 $7,704 $7,899 $8,097 73F $6,644 $6,810 $6,982 $7,156 $7,334 $7,517 $7,704 $7,899 $8,097 $8,301 74F Fire Engineer Fire Paramedic $6,810 $6,982 $7,156 $7,334 $7,517 $7,704 $7,899 $8,097 $8,301 $8,509 75F Fire Engineer AA Fire Paramedic AA $6,982 $7,156 $7,334 $7,517 $7,704 $7,899 $8,097 $8,301 $8,509 $8,721 76F Fire Engineer BA Fire Paramedic BA $7,156 $7,334 $7,517 $7,704 $7,899 $8,097 $8,301 $8,509 $8,721 $8,938 77F $7,334 $7,517 $7,704 $7,899 $8,097 $8,301 $8,509 $8,721 $8,938 $9,163 78F $7,517 $7,704 $7,899 $8,097 $8,301 $8,509 $8,721 $8,938 $9,163 $9,393 79F $7,704 $7,899 $8,097 $8,301 $8,509 $8,721 $8,938 $9,163 $9,393 $9,628 80F Fire Captain $7,899 $8,097 $8,301 $8,509 $8,721 $8,938 $9,163 $9,393 $9,628 $9,870 81F Fire Captain AA $8,097 $8,301 $8,509 $8,721 $8,938 $9,163 $9,393 $9,628 $9,870 $10,116 82F Fire Captain BA $8,301 $8,509 $8,721 $8,938 $9,163 $9,393 $9,628 $9,870 $10,116 $10,367 CITY OF D.. SALARY RANGE JULY 1, 2017 TO JUNE 30, 2018 Range Number Title Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J 67F Firefighter $5,872 $6,022 $6,169 $6,324 $6,484 $6,645 $6,810 $6,980 $7,157 $7,335 68F Firefighter AA $6,022 $6,169 $6,324 $6,484 $6,645 $6,810 $6,980 $7,157 $7,335 $7,517 69F Firefighter BA $6,169 $6,324 $6,484 $6,645 $6,810 $6,9801 $7,157 $7,335 $7,517 $7,705 70F $6,324 $6,484 $6,645 $6,810 $6,980 $7,157 $7,335 $7,517 $7,705 $7,897 71F $6,484 $6,645 $6,810 $6,980 $7,157 $7,335 $7,517 $7,705 $7,897 $8,096 72F $6,645 $6,810 $6,980 $7,157 $7,335 $7,517 $7,705 $7,897 $8,096 $8,299 73F $6,810 $6,980 $7,157 $7,335 $7,517 $7,705 $7,897 $8,096 $8,299 $8,509 74F Fire Engineer Fire Paramedic $6,980 $7,157 $7,335 $7,517 $7,705 $7,897 $8,096 $8,299 $8,509 $8,722 75F Fire Engineer AA Fire Paramedic AA $7,157 $7,335 $7,517 $7,705 $7,897 $8,096 $8,299 $8,509 $8,722 $8,939 76F Fire Engineer Fire Paramedic B A B $7,335 $7,517 $7,705 $7,897 $8,096 $8,299 $8,509 $8,722 $8,939 $9,161 77F $7,517 $7,705 $7,897 $8,096 $8,299 $8,509 $8,722 $8,939 $9,161 $9,392 78F $7,705 $7,897 $8,096 $8,299 $8,509 $8,722 $8,939 $9,161 $9,392 $9,628 79F $7,897 $8,096 $8,299 $8,509 $8,722 $8,939 $9,169 $9,392 $9,628 $9,869 80F Fire Captain $8,096 $8,299 $8,509 $8,722 $8,939 $9,161 $9,392 $9,628 $9,869 $10,117 81F Fire Captain AA $8,299 $8,509 $8,722 $8,939 $9,161 $9,392 $9,628 $9,869 $10,117 $10,369 82F Fire Captain BA $8,509 $8,722 $8,939 $9,161 $9,392 $9,628 $9,869 $10,117 $10,369 $10,626 RESOLUTION NO. 7001 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 APRIL 1, 2014 THROUGH JUNE 30, 2018 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 April 1, 2014, 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 day of )2013. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney CITY OF ARCADIA AND ARCADIA CITY EMPLOYEES ASSOCIATION ( CONFIDENTIAL /SUPERVISORY /PROFESSIONAL UNIT AND GENERAL EMPLOYEE UNIT) . F,6 1 41 7 ?or CITY of ARCADIA MEMORANDUM OF UNDERSTANDING APRIL 1, 2014 -JUNE 30, 2018 Table of Contents Page PREAMBLE................................................................................................................... ..............................1 ARTICLEI ..................................................................................................................... ..............................1 Section A. PARTIES AND RECOGNITION ..................................................... ..............................1 Section B. APPROPRIATE UNIT ...................................................................... ..............................1 Section C. MUTUAL RECOMMENDATION AND IMPLEMENTATION ...... ..............................2 Section D. AUTHORIZED AGENTS ................................................................. ..............................2 SectionE. NOTICE ............................................................................................. ..............................3 ARTICLE11 .................................................................................................................... ..............................3 SectionA. TERM ................................................................................................. ..............................3 Section B. SAVINGS CLAUSE .......................................................................... ..............................3 Section C. NO STRIKE CLAUSE ...................................................................... ..............................3 ARTICLE III ASSOCIATION RIGHTS ................................................................ ..............................4 Section A. AGENCY SHOP AGREEMENT ..................................................... ..............................4 Section B. RIGHT TO JOIN ............................................................................... ..............................7 Section C. USE OF BULLETIN BOARDS ........................................................ ..............................7 Section D. PAYROLL DEDUCTION ................................................................. ..............................8 Section E. ACCESS TO FACILITIES ............................................................... ..............................8 Section F. ASSOCIATION STEWARDS .......................................................... ..............................9 Section G. REASONABLE NOTICE ................................................................ .............................10 Section H. LIST OF NAMES ............................................................................. .............................10 ARTICLE IV MANAGEMENT RIGHTS .............................................................. .............................11 ARTICLE V COMPENSATION .......................................................................... .............................11 Section A. SALARY SCHEDULES .................................................................. .............................11 Section B. PROMOTION OR ADVANCEMENT ............................................ .............................11 Section C. PERCENTAGES BETWEEN STEPS .......................................... .............................11 Section D. ADVANCEMENT THROUGH STEPS .......................................... .............................12 ARTICLE VI RETIREMENT ................................................................................. .............................12 Section A. EMPLOYEES HIRED BEFORE JULY 1, 2011 ........................... .............................12 Section B. EMPLOYEES HIRED ON OR AFTER OCTOBER 9, 2011 OTHER THAN NEW CALPERSMEMBERS ............................................................................................ .............................14 Section C. NEW CaIPERS MEMBERS HIRED ON OR AFTER JANUARY 1, 2013............15 Section D. DEFERRED COMPENSATION .................................................... .............................16 ARTICLEVII HOURS ......................................................................................... .............................16 SectionA. OVERTIME ....................................................................................... .............................16 Section B. REST PERIODS .............................................................................. .............................17 Section C. WORK SCHEDULES ...................................................................... .............................17 ARTICLE VIII STABILITY PAY /LONGEVITY PAY .......................................... .............................18 Section A. STABILITY PAY ............................................................................... .............................18 Section B. LONGEVITY PAY ............................................................................ .............................18 ARTICLE IX TUITION LOAN /REIMBURSEMENT ......................................... .............................18 ARTICLE X MILEAGE REIMBURSEMENT ..................................................... .............................19 ARTICLE XI HEALTH, DENTAL AND LIFE INSURANCE ............................. .............................20 Section A. CONTRIBUTIONS ........................................................................... .............................20 ARTICLE XII RETIREE MEDICAL ................................................................... .............................23 Section A. EMPLOYEES HIRED BEFORE JULY 1, 2011 ........................... .............................23 Section B. EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 ................ .............................24 ARTICLE XIII DISABILITY INCOME INSURANCE ........................................ .............................24 ARTICLE XIV MEDICAL EXAMINATIONS ....................................................... .............................24 SectionA .................................................................................................................. .............................24 SectionB .................................................................................................................. .............................24 ARTICLE XV UNIFORMS .................................................................................. .............................25 SectionA .................................................................................................................. .............................25 SectionB .................................................................................................................. .............................25 SectionC .................................................................................................................. .............................25 ARTICLE XVI LEAVES OF ABSENCE ............................................................. .............................26 Section A. NON - MEDICAL LEAVES WITHOUT PAY .................................. .............................26 Section B. FAMILY CARE AND MEDICAL LEAVES .................................... .............................27 Section C. TEMPORARY MILITARY LEAVE (Paid and Unpaid) ................ .............................30 Section D. VACATION LEAVE ....................................................................... ............................... 32 SectionE. SICK LEAVE .................................................................................... .............................33 Section F. BEREAVEMENT LEAVE ............................................................... .............................35 SectionG. HOLIDAYS ....................................................................................... .............................35 SectionH. JURY LEAVE ................................................................................... .............................37 Section I. COURT WITNESS LEAVE ............................................................ .............................37 Section J. INDUSTRIAL ACCIDENT LEAVE ................................................ .............................38 ARTICLE XVII PROBATIONARY PERIOD ....................................................... .............................38 SectionA .................................................................................................................. .............................38 SectionB .................................................................................................................. .............................39 SectionC .................................................................................................................. .............................39 SectionD .................................................................................................................. .............................39 SectionE .................................................................................................................. .............................39 ARTICLE XVIII SPECIAL PAY .............................................................................. .............................39 SectionA. ACTING PAY ................................................................................... .............................39 Section B. CALL -BACK PAY ............................................................................ .............................40 Section C. BILINGUAL PAY .............................................................................. .............................40 ARTICLE XIX LAYOFFS ..................................................................................... .............................40 Section A. LAYOFF PROCEDURE ................................................................. .............................40 Section B. RE- EMPLOYMENT LIST ............................................................... .............................41 Section C. DEFINITIONS .................................................................................. .............................41 ARTICLE XX PERSONNEL FILES ................................................................... .............................42 SectionA .................................................................................................................. .............................42 SectionB .................................................................................................................. .............................42 SectionC .................................................................................................................. .............................42 ARTICLE XXI EMPLOYEE GRIEVANCES ...................................................... .............................43 Section A. DEFINITIONS .................................................................................. .............................43 SectionB. TIMELINESS .................................................................................... .............................44 Section C. EMPLOYEE REPRESENTATION ................................................ .............................44 Section D. INFORMAL GRIEVANCE PROCEDURE .................................... .............................44 Section E. FORMAL GRIEVANCE PROCEDURE ........................................ .............................44 Section F. APPEAL TO HUMAN RESOURCES COMMISSION ................ .............................46 ARTICLE XXII DISCIPLINARY ACTIONS ......................................................... .............................50 Section A. DISCIPLINARY ACTION: SUSPENSION, SALARY REDUCTION, DEMOTION ANDDISMISSAL ..................................................................................................... .............................50 Section B. DISCIPLINARY ACTION: NOTIFICATION AND APPEAL PROCEDURE .......... 51 Section C. SALARY REDUCTION ................................................................... .............................51 Section D. UNAUTHORIZED ABSENCE ........................................................ .............................51 ARTICLE XXIII FULL UNDERSTANDING .......................................................... .............................53 SectionA .................................................................................................................. .............................53 SectionB .................................................................................................................. .............................53 2014 -2018 NEGOTIATION TEAMS ......................................................................... .............................54 iu 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. ARTICLE I Section A. PARTIES AND RECOGNITION The Memorandum of Understanding is made and entered into between the management representatives of the City of Arcadia, hereinafter referred to as the "City" and representatives of the 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 (Government Code § §3500 et. seq.). Section B. APPROPRIATE UNIT The classifications covered by this agreement are: Confidential /Supervisory /Professional Unit Accounting Specialist Assistant Engineer Assistant Planner Associate Civil Engineer Associate Planner Deputy City Clerk Librarian 1 & 11 1 Principal Librarian Records /Legal Technician Revenue Collection Specialist Senior Combination Inspector Senior Library Technician Senior Planner Section C Section D General Employee Unit Accountant Accounting Technician 1 & 11 Administrative Assistant Building Technician 1 & 11 Business License Officer Circulation Services Supervisor Code Services Officer Combination Inspector Communications & Marketing Specialist 1 & 11 Engineering Assistant Fire Inspector Fire Administrative Specialist Historical Museum Curator Info and Referral Coordinator Information Systems Specialist Library Technician 1 & 11 Museum Education Coordinator Office Assistant Public Works Inspector Public Works Office Coordinator Recreation Coordinator Senior Engineering Assistant Senior Accounting Technician Senior Administrative Assistant Senior Citizens Program Specialist Senior Citizens Project Specialist 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. AUTHORIZED AGENTS The City's principal authorized agent shall be the City Manager, 240 W. Huntington Drive, Arcadia, California, 91007, 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 Beth Stogner, President of the Arcadia City Employees Association, 240 W. Huntington Drive, Arcadia, California, 91007. The duly authorized staff representative is Robin Nahin, Executive Director of City Employees Associates, 2918 E 7t" Street, Long Beach, California, 90804. z Section E. NOTICE 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. 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 April 1, 2014and ending June 30, 2018. 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. 3 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 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. ARTICLE III ASSOCIATION RIGHTS Section A. AGENCY SHOP AGREEMENT 1. Legislative Authority. 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: a. Elect to join the Association and pay Association dues; b. Pay an agency fee for representation; or c. 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 §3502.5 and applicable law. 4 2. Association Dues /Agency Fee Collection. 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. 3. New Hire Notification. 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 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. 4. Failure to Pay 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. k, 5. 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. 6. 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 nonreligious, 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 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. 7. 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 sixty (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. 11 8. 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 %) 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. 9. 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. The City and the Association agree that neither shall discriminate, nor retaliate against any employee for the employee's participation or non - participation in any Association activity. 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: 1. 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 #1, Police Department and Recreation Center, and regular bulletin boards will be made available in Fire Station #2, and the City Service Center at a location approved by the Department Administrator, or City Manager. Section D. PAYROLL DEDUCTION The City will deduct from the 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 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. 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 his 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. Ei 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 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) Association Stewards who are authorized to represent the Confidential /Supervisory/ Professional employees and the four (4) Association 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) Association Stewards. 2. The three (3) Stewards who are authorized to represent the Confidential /Supervisory/ Professional employees and the four (4) Association Stewards who are authorized to represent the General employee bargaining unit shall be permitted one day off without pay each calendar year to attend a training session. Advance written notice of no less than fourteen (14) calendar days shall be given to each Association Steward's supervisor. Association Stewards are allowed reasonable release time to participate in meetings related to negotiations. Association Stewards shall be provided release time during their regular work hours for the purpose of: a. Representation at a meeting that is reasonably expected to result in discipline when the Association Business Agent is not available to be present; b. Representation at a grievance hearing; c. Special meeting with Human Resources Administrator, or designee, and Association Business Agent to resolve problems within the scope of bargaining; and /or d. A fifteen (15) minute orientation period with new hires at the beginning of a new employee orientation conducted by the Human Resources Division. M In addition, Association Stewards shall be provided a maximum of two (2) hours per month of release time during his /her regular work hours to attend to other Association business, as needed. No release time is provided for the preparation, investigation, or processing of disciplinary issues, grievances, or other Association business. To facilitate the process, Association Stewards 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 Association Stewards 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. 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. 10 ARTICLE IV MANAGEMENT RIGHTS 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. ARTICLE V COMPENSATION Section A. SALARY SCHEDULES The City agrees to increase base salaries of classifications covered by this MOU in the amount of two percent (2 %), effective April 1, 2014, July 1, 2015, and July 1, 2016, and two and one -half percent (2.5 %), effective July 1, 2017 The salary schedules for classifications covered by this MOU are set forth on ExhibitA and incorporated herein. Section B. PROMOTION OR ADVANCEMENT 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 five percent (5 %) increase in compensation unless the top step in such range provides less than that amount. Such one step of approximately five percent (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. PERCENTAGES BETWEEN STEPS The parties acknowledge that the percentage between steps within a range is approximately two and one -half percent (2.5 %). 11 Section D. ADVANCEMENT THROUGH STEPS 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 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 ARTICLE VI RETIREMENT Section A. EMPLOYEES HIRED BEFORE JULY 1. 2011 The City contracts with the State of California Public Employees Retirement System (CaIPERS) for the classifications contained in this Agreement. The plan shall include the following options: 1. 2.5% @ 55 retirement formula (Government Code §21354.4); 2. Single highest year final compensation (Government Code §20042); 3. Post Retirement Survivor Continuance; 4. Credit for Unused sick leave (Government Code §20965); 5. 1959 Survivors Benefit for which each employee contributes ninety -three cents ($.93) per pay period; 6. Third level 1959 Survivors Benefit allowance Government Code §21573); 7. Military service credit as public service option Government Code §21024). It is agreed and understood that the employee is responsible for paying for this benefit; 8. The City agrees to allow members to participate in a pre -tax payroll deduction plan for service purchases; 9. Provided the employee signs a waiver releasing and holding the City harmless, from any liability, whatsoever, the City agrees to allow members to use funds from their deferred compensation (457 Plan) toward the pre -tax payroll deduction plan for service credit purchases; 10. Special compensation items shall be reported to CaIPERS in accordance with applicable law; 12 11. Employees agree to make contributions to offset a portion of the City's costs related to CalPERS retirement benefits. The employee cost - sharing will be accomplished through pre -tax deductions in the manner contemplated by Government Code §20516(f). The parties recognize that the IRS has yet to take a position on the pre -tax status of deductions made under §20516(f) and in the event that, subsequent to the effective date of this provision, the IRS determines that such deductions do not qualify for pre -tax status, the parties agree to meet and discuss the effects thereof. The cost sharing arrangement will be implemented as follows: Employees will pay seven percent of PERSable compensation to CalPERS retirement (7 %) via payroll deduction toward the City's Employer Contribution to CalPERS, and said amount will be allocated to the employer's account. 12. In addition to the foregoing cost sharing payments, employees shall continue to pay one percent (11%) of the member contribution to CalPERS. 13.The City shall continue to pay the cost of the employees' member contribution to CalPERS in the amount of seven percent (7 %) (EPMC) and shall continue to report that as additional compensation pursuant to §20636(c)(4) of the Government Code. Further, said amount will be allocated to the employee's retirement account. 14. The Pre - Retirement Option 2W Death Benefit (Government Code §21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional Benefits), Employees agree to cost —share this benefit with the City through pre -tax deductions in the manner contemplated by §20516(f) of the Government Code. The parties recognize that the IRS has yet to take a position on the pre -tax status of deductions made under §20516(f) and in the event that, subsequent to the effective date of this provision, the IRS determines that such deductions do not qualify for pre -tax status, the parties agree to meet and discuss the effects thereof. It is agreed and understood that both parties shall split the cost of this optional benefit which was determined to be a total of .276 %. The cost - sharing arrangement will be implemented as follows: Employees will pay one hundred thirty eight thousandths of a percent (.138 %) of PERSable compensation to CalPERS retirement via payroll deduction; and the City will pay one hundred thirty eight thousandths of a percent (.138 %) of PERSable compensation to CalPERS retirement. 13 Section B. EMPLOYEES HIRED ON OR AFTER OCTOBER 9, 2011 OTHER THAN NEW CALPERS MEMBERS The City contracts with the State of California Public Employees Retirement System (CaIPERS) for the classifications contained in this Agreement. The plan shall include the following options: 1. 2% at age 60 retirement formula (Government Code §21353); 2. Three (3) year average final compensation period (Government Code §20037); 3. Post Retirement Survivor Continuance; 4. Credit for Unused sick leave (Government Code §20965); 5. 1959 Survivors Benefit for which each employee contributes ninety -three cents ($.93) per pay period; 6. Third level 1959 Survivors Benefit allowance Government Code §21573); 7. Military service credit as public service option Government Code §21024). It is agreed and understood that the employee is responsible for paying for this benefit; 8. The City agrees to allow members to participate in a pre -tax payroll deduction plan for service purchases; 9. Provided the employee signs a waiver releasing and holding the City harmless, from any liability, whatsoever, the City agrees to allow members to use funds from their deferred compensation (457 Plan) toward the pre -tax payroll deduction plan for service credit purchases; 10. Special compensation items shall be reported to CaIPERS in accordance with applicable law; 11. Employee will pay the full seven percent (7 %) member contribution to CaIPERS via payroll deduction; 12. The Pre - Retirement Option 2W Death Benefit (Government Code §21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional Benefits), Employees agree to cost —share this benefit with the City through pre -tax deductions in the manner contemplated by §20516(f) of the Government Code. The parties recognize that the IRS has yet to take a position on the pre -tax status of deductions made under §20516(f) and in the event that, subsequent to the effective date of this provision, the IRS determines that such deductions do not qualify for pre -tax status, the parties agree to meet and discuss the effects thereof. It is agreed and understood that both parties shall split the cost of this optional benefit which was determined to be a total of .276 %. 14 The cost - sharing arrangement will be implemented as follows: Employees will pay one hundred thirty eight thousandths of a percent (.138 %) of PERSable compensation to CaIPERS retirement via payroll deduction; and the City will pay one hundred thirty eight thousandths of a percent (.138 %) of PERSable compensation to CaIPERS retirement. Section C. NEW CaIPERS MEMBERS HIRED ON OR AFTER JANUARY 1, 2013 The City contracts with the State of California Public Employees Retirement System (CaIPERS) for the classifications contained in this Agreement. The plan shall include the following options: 1. 2% at age 62 retirement formula (Government Code §7522.20); 2. Three (3) year average final compensation period (Government Code §20037); 3. Post Retirement Survivor Continuance; 4. Credit for Unused sick leave (Government Code §20965); 5. 1959 Survivors Benefit for which each employee contributes ninety -three cents ($.93) per pay period; 6. Third level 1959 Survivors Benefit allowance Government Code §21573); 7. Military service credit as public service option Government Code §21024). It is agreed and understood that the employee is responsible for paying for this benefit; 8. The City agrees to allow members to participate in a pre -tax payroll deduction plan for service purchases; 9. Provided the employee signs a waiver releasing and holding the City harmless, from any liability, whatsoever, the City agrees to allow members to use funds from their deferred compensation (457 Plan) toward the pre -tax payroll deduction plan for service credit purchases; 10. Special compensation items shall be reported to CaIPERS in accordance with applicable law; 11. Employee will pay 50% of the normal cost, currently six and three quarters percent (6.75 %) member contribution to CaIPERS on a pre -tax basis via payroll deduction; 12. The Pre - Retirement Option 2W Death Benefit (Government Code §21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional Benefits), Employees agree to cost —share this benefit with the City through pre -tax deductions in the manner contemplated by §20516(f) of the Government Code. The parties recognize that the IRS has yet to take a position on the pre -tax status of deductions made under §20516(f) and in the event that, subsequent to the effective date of this provision, the IRS determines that such deductions do not qualify for pre -tax status, the parties agree to meet and discuss the effects 15 thereof. It is agreed and understood that both parties shall split the cost of this optional benefit which was determined to be a total of .276 %. The cost - sharing arrangement will be implemented as follows: Employees will pay one hundred thirty eight thousandths of a percent (.138 %) of PERSable compensation to CalPERS retirement via payroll deduction; and the City will pay one hundred thirty eight thousandths of a percent (.138 %) of PERSable compensation to CalPERS retirement. Section D. DEFERRED COMPENSATION Employees may elect to allocate salary to the City's 457 Plan on a pre -tax basis in accordance with the provisions of the Plan. ARTICLE VII 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. 16 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 shall receive for each eight (8) or nine (9) hour shift worked, at the discretion of the respective department, two (2) fifteen (15) minute rest periods, one each approximately at the mid -point of each one -half shift. Office personnel shall not leave City property during break periods, and field personnel shall take breaks at the work site. Employees in transit between work sites may take their rest period at a location between the normal route of work locations. Rest periods are for the good of the employee, but periods cannot be used to make up for other lost time. Rest periods are not cumulative and may not be taken concurrently with lunch periods. 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), 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. 17 ARTICLE VIII STABILITY PAY /LONGEVITY PAY Section A. STABILITY PAY See Side Letter as Exhibit B. Section B. LONGEVITY PAY A Longevity Pay benefit will be implemented based on the following formula: Completed Years of Continuous Service 5- 9 Yrs 10 -14 Yrs 15 +Yrs Amount Per Pay Period $42.02 $63.04 $84.06 The Longevity Pay benefit is effective the pay period an employee completes 5, 10 or 15 years of continuous employment with the City. The foregoing amounts shall be subject to applicable payroll deductions Permanent Part Time Employees covered under this Agreement receive half of the benefit amount listed in Section B. ARTICLE IX TUITION LOAN /REIMBURSEMENT Employees shall be eligible for tuition advancement or reimbursement who have completed at least one probationary period in the Classified Service, or one year of continuous service if employment is "at- will," subject to the conditions below. To qualify for tuition advancement /reimbursement, a Tuition Loan /Reimbursement Form must be submitted and pre- approved by the employee's Department Head and Human Resources Administrator, before the course(s) begin. Tuition loan or reimbursement shall only be for courses, specialized training, or degree programs "job- related" that are directly related to the employee's position as determined by the City Manager or designee. The Tuition Loan /Reimbursement Program will operate on a fiscal year basis (July 1 through June 30) and shall be subject to the availability of funds as determined by the City. The maximum loan or reimbursement amount shall be $4,126 for undergraduate courses and $5,062 for graduate courses. Eligible fees include tuition, on campus parking fees and textbooks. All other fees are subject to approval by the City. School supplies are not reimbursable. Permanent part -time employees shall receive one -half of the benefit. 18 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. If the employee either does not receive a "C" or better or for any reason does not finish the class, the advance is due and payable. Any employee who shall voluntarily retire or terminate employment or be terminated for disciplinary cause within one year from the completion of a class or classes shall refund all tuition paid under this provision for those specific classes unless they were required to attend by the appointing power. An employee who separates employment and who received tuition advancement and did not complete a class or classes within one (1) year from the advancement, shall refund all tuition advanced and be subject to the provisions outlined in the Advanced Tuition Participation and Loan Agreement. Employees who retire on a Disability or Industrial Disability Retirement, or are laid off shall not be required to refund tuition fees. The City reserves the right to investigate any school and approve or disapprove it for advancement or reimbursement if such action appears warranted. Courses must be taken at an accredited education institution, which is defined as any college or university which has been accredited by a recognized government or professional accrediting body (as determined by the City). Additionally, the City reserves the right to deny any course(s), specialized training or degree programs determined by the City Manager to be non -job related. ARTICLE X MILEAGE REIMBURSEMENT 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. 19 ARTICLE XI HEALTH, DENTAL AND LIFE INSURANCE Section A. CONTRIBUTIONS The City shall provide regular full -time employees in a classification represented by this Agreement with the following contributions: 1. CalPERS Health Program: The City will contribute the minimum employer contribution required pursuant to Government Code §22892(b) ( "Minimum Contribution ") per month per employee for health insurance (This language does not reduce the City's current maximum health insurance contribution for employees or limit cash back). 2. Dental Insurance — Mandatory Enrollment: The City will contribute the employee only cost for Delta Care USA insurance per month ( "Dental Contribution ") toward one of two dental plans. Additional coverage may be purchased through the Optional Benefits allocation. 3. Optional Benefits — Full -Time Employees: Subject to the limits set forth herein, the City shall contribute the remaining amount of employee's health and dental insurance benefit allowance through a contribution to a Internal Revenue Code §125 Cafeteria Plan as follows: Effective Aaril 1. 2014: a. The City shall pay up to a maximum of $897.00 per month per full -time employee for coverage, inclusive of the Minimum Contribution and Dental Contribution. 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. Effective July 1, 2015: b. The City shall pay up to a maximum of $934.00 per month per full -time employee for coverage, inclusive of the Minimum Contribution and Dental Contribution. 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. 20 Effective July 1, 2016 —June 20,2018: c. The City shall pay up to a maximum of $972.00 per month per full -time employee for coverage, inclusive of the Minimum Contribution and Dental Contribution. 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. d. If the premium cost of the health plan exceeds the City contribution, the employee shall pay through payroll deduction the difference between the monthly premium and the amount contributed by the City. e. 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. f. Dependent enrollment will require proof of eligibility for dependent status including social security number, marriage, birth and /or adoption certificates. 4. Optional Benefits – Part -Time Employees: Subject to the limits set forth herein, the City shall contribute the remaining amount of employee's health and dental insurance benefit allowance through a contribution to a Internal Revenue Code §125 Cafeteria Plan as follows: Effective April 1, 2014: a. The City shall pay up to a maximum of $448.50 per month per part -time employee for coverage, inclusive of the Minimum Contribution and Dental Contribution. For part -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. 21 Effective July 1, 2015: b. The City shall pay up to a maximum of $467.00 per month per part -time employee for coverage, inclusive of the Minimum Contribution and Dental Contribution. For part -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. Effective J u Iv 1. 2016 -June 30. 2018: c. The City shall pay up to a maximum of $486.00 per month per part -time employee for coverage, inclusive of the Minimum Contribution and Dental Contribution. For part -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. d. If the premium cost of the health plan exceeds the City contribution, the employee shall pay through payroll deduction the difference between the monthly premium and the amount contributed by the City. e. Dependent enrollment will require proof of eligibility for dependent status including social security number, marriage, birth and /or adoption certificates. 5. Life Insurance: The City shall provide a $25,000 Life & AD &D benefit for eligible employees. 6. Vision Plan: The City shall provide each employee with a vision plan, with the City paying the premium in fiscal years FY14 -15 through FY 17 -18. The vision plan will be Vision Service Plan, Option B. The City will pay the premium up to the cost of the family plan. 22 ARTICLE XII RETIREE MEDICAL Section A. EMPLOYEES HIRED BEFORE JULY 1, 2011 1. Tier II Retirees. For employees hired before July 1, 2011 and retiring from the City on or after January 1, 2012 ( "Tier II Retirees "), the City agrees to provide a Premium Payment for the purpose of purchasing health coverage offered through CalPERS for the Tier II Retiree and his /her spouse in an amount not to exceed the monthly premium applicable to the coverage level for the retiree (i.e., Employee Only or Employee + spouse) for the 2012 PERS Choice plan * ( *rates are determined by region of residence; Los Angeles rates for 2012 are Employee Only $505.63, employee + spouse $1,011.26). The Premium Payment shall be payable in the following form: (1) PEMHCA Minimum contribution payable directly to CalPERS, and (2) a reimbursement to the Tier II Retiree equal to difference between the cost of plan in which the Tier II Retiree enrolls, subject to the foregoing cap, and the PEMHCA Minimum contribution ( "Reimbursement "). If a retiree enrolls in a more expensive plan, he /she will be responsible for payment of any premium in excess of the capped amount. The Reimbursement shall cease for the Tier II Retiree upon eligibility for Medicare coverage, and the Reimbursement shall cease for the spouse upon eligibility for Medicare coverage, or after 15 years, whichever occurs first. Tier II Retirees must be "eligible retirees" in order to receive the benefits described in this paragraph. 2. Eligible Retiree. An "eligible retiree" is a unit member who retires on a service, disability, or industrial disability retirement and has 1,000 hours of accumulated sick leave at the date of retirement. An employee who has fewer than one thousand (1,000) 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 (1,000) 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 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. 23 The following conditions must be met for employees to be eligible to exercise this buyback provision: 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. 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. 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. Section B. EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 Tier III Retirees. For employees hired on or after July 1, 2011 that retire from the City and who remain enrolled in a CalPERS health plan after retirement ( "Tier III Retiree "), the City will pay no more than the PEMHCA Minimum contribution. Tier III Retirees shall not be reimbursed or otherwise receive payment from the City for health insurance premiums in excess of the PEMHCA Minimum contribution. ARTICLE XIII DISABILITY INCOME INSURANCE 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. ARTICLE XIV 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. 24 ARTICLE XV UNIFORMS Section A. Upon hire, the City shall provide the following employees with five (5) shirts: •Public Works Inspector • Code Services Officer -Combination Inspector Upon hire, the City shall provide the following employees with four (4) sets of uniforms consisting of long sleeve shirt, short sleeve shirt, pants /skirt, cross - tie /tie, and one sweater or one medium weight uniform jacket. •Fire Inspector •Fire Administration Specialist -Administrative Assistant (assigned to the Fire) Uniforms shall be replaced on an as needed basis, pursuant to department procedures. All 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. Section C. The City shall provide a safety shoe allowance up to a maximum of $125 per fiscal year for each employee in the following classifications: Combination Inspector, Code Services Officer, 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. 25 ARTICLE XVI LEAVES OF ABSENCE Section A. NON - MEDICAL LEAVES WITHOUT PAY Upon the written request of an employee stating the reasons therefore, the appointing power with the approval of the City Manager shall have power to grant leaves of absence without pay subject to the following restrictions: 1. Length — leave of absence without pay may be granted for a period not to exceed one year with the exception that military leaves may be granted for the duration of a war or national emergency or as required by the Military and Veterans' code. 2. Reason — a leave of absence may be granted an employee, provided he /she meets all other requirements set forth in this rule, who desires to attend school or college or to enter training to improve the quality of his service, who enters military service of the United States, who is temporarily incapacitated by illness, or who presents some other reasons equally satisfactory. 3. Right to Return — the granting of a leave of absence without pay confers upon the employee the right to return to his classification before or at the expiration of his /her leave of absence. Therefore, a leave of absence shall be granted only to an employee who intends to return to his /her classification with the City. 4. Service Record — no request for leave of absence will be considered unless the employee presenting the request has a satisfactory service record. 5. An employee granted a leave of absence may be required by the appointing power or the City Manager to successfully pass a medical examination prior to being allowed to return to work. 6. The granting of a leave of absence of thirty (30) days or less, with or without pay, shall not constitute an interruption of service within the meaning of this subsection. The granting of a leave of absence with or without pay of more than thirty (30) days shall constitute an interruption of service unless, in the action granting such leave of absence, it is provided that such leave of absence shall not constitute an interruption of service. 26 Section B 7. The City shall continue to provide health, dental, life, and disability insurance for an employee granted a leave of absence for up to 30 calendar days. It shall be the responsibility of the employee who wishes to continue any insurance coverage beyond the 30 calendar days, to notify the Human Resources Office of his /her intent to continue coverage and to remit the full monthly premium for any coverage to the Administrative Services Department. 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. 1. "12 -Month Period" means 12 -month period measured backward from the date leave is taken and continuous with each additional leave day taken. 2. "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, stepchild, or child of whom the employee is the legal guardian. 3. "Serious health condition" means an illness, injury impairment, or physical or mental condition that involves: a. Any period of incapacity or treatment in connection with or inconsequent to a hospital, hospice or residential medical care facility; b. 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; c. 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 d. Prenatal care by a health provider. 27 4. "Continuing treatments" means: a. Two or more visits to a health care provider; b. 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 c. 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). 5. Leave is only permitted for the following reasons: a. The birth of a child or to care for a newborn of an employee; b. The placement of a child with an employee in connection with the adoption or foster care of a child; c. Leave to care for a child, parent or a spouse who has a serious health condition; or d. Leave because of a serious health condition that makes the employee unable to perform the functions of his /her position. 6. An employee is eligible for leave if the employee: a. Has been employed for at least 12 months; and b. Has been employed for at least 1,250 hours during the 12 -month period immediately preceding the commencement of the leave. 7. 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. 8. Employee Benefits While on Leave: Leave under this policy is unpaid. While on leave, employees will continue to be covered by the City of Arcadia's group health insurance to the same extent that coverage is provided while the employee is on the job. Employees may make the appropriate contributions for continued coverage under the proceeding benefit plans by payroll deductions or direct payments made to these plans. Employee contribution rates are subject to any change in rates that occurs while the employee is on leave. If an employee fails to return to work after his /her leave entitlement has been exhausted or expires, the City of Arcadia shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because 28 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.) 9. 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. 10. 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. 29 11.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. 12. 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 thirty (30) calendar days of active military training, an employee must have been employed by the City for a period of not less than one (1) 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 thirty (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. 30 Military and Veteran's Code § §395, 395.01(a), 564 and 566 set forth provisions for state military reserve personnel employed by public employers are statutorily entitled to up to 180 days of temporary military leave for active duty activities with up to 30 days of paid military leave each fiscal year. When placed on state active duty this is ordered active duty, which entitles the employee to paid military leave. State military reserve personnel also generally have a right to extended leaves of absence and a right to re- employment after lengthy periods of ordered duty when called to active duty in certain emergency circumstances and public employees are entitled to receive their pay from their public employer for the first thirty (30) days of that period of active Military and Veteran's Code § §143, 146, 395, 395.05, 395.06 and 566. Before leaving for an extended leave (181 days or more), the employee must notify the city of his or her intention to return to work upon the completion of the active duty service. Employees will have ninety (90) days from completion of extended active service to report back to work to resume their duties, must submit to the City a copy of the honorable discharge papers, and pass a medical exam. Additional military leave provisions were adopted by Council on November 20, 2001, in Resolution 6268. For military leave covered by this Resolution, the City will maintain the difference between the employee's City salary and benefits of the employee while on active military duty. Although a military leave of absence is not considered a break in service in relation to seniority, if the employee wishes to have their extended military service time credited toward CalPERS, the employee may buy back credit for their leave of absence for active military service through CalPERS as CalPERS has determined that payments while on such service are not reportable for retirement purposes. 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. 31 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. 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 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 rate of compensation applicable at the time he leaves the City employ. If an employee works 50% of the pay period, the employee shall receive credit for that pay period's vacation accrual. If an employee works less than 50% of the pay period, the employee accrues nothing. 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. 32 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. 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 during regular working hours. Every effort shall be made to schedule appointments during non - working hours. 33 Employees that are injured on duty, and the injury is recognized as such by the City or the WCAB, and not eligible to receive salary to supplement workers' compensation temporary disability benefits under Section J of this Article, may request that accrued sick leave be paid to supplement workers' compensation disability payments. 4. Sick leave may be used by an employee when his care and attendance is required by a family dependent who requires the employee's presence at the dependent's medical or dental appointment during regular working hours. Every effort shall be made to schedule appointments during non - working hours. Family dependents shall include only dependents currently residing in the employee's household, or the employee's minor children. 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 case of absence due to illness, the employee shall notify his department in accordance with departmental rules and explain the nature of the illness. If an employee is requested to provide a doctor's certification for their illness or the illness of their dependent(s), the request for the certification shall be made prior to their return to work. The appointing power and City Manager may deny or revoke sick leave if the illness or injury for which it is taken is caused or substantially aggravated by compensated outside employment. 7. 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. 8. Upon separation from the City of Arcadia, an employee who works 50% of the final pay period, shall receive credit for that pay period's sick leave accrual. If an employee works less than 50% of the pay period, the employee accrues nothing. 34 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 /domestic partner, 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; provided, however, if the employee is required to travel more than three hundred (300) miles from his or her residence, the employee may take an additional two (2) days which will be charged to accrued 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 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 Day after Thanksgiving Day......... 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. 35 3. In lieu of Citywide holidays to celebrate Dr. Martin Luther King Jr.'s birthday and Admissions Day, full time employees shall receive two (2) eight (8) hour floating holidays to be scheduled by the employee in the same manner as vacation leave. Additionally, full time employees shall receive an eight (8) hour floating holiday for his /her birthday to be scheduled by the employee in the same manner as vacation leave. Floating holidays shall not carry over into subsequent fiscal years and failure to schedule a floating holiday in the fiscal year in which it is earned shall result in its loss. If the City adopts Dr. Martin Luther King, Jr.'s birthday as a fixed Citywide holiday or it re- adopts Admission Day as a fixed Citywide holiday, the floating holiday(s) based thereon shall cease and eligible employee shall receive the fixed Citywide holiday(s). Full time employees in the unit employed on July 1 of the fiscal year shall conditionally accrue twenty -four (24) hours of floating holiday. If the employee uses floating holiday leave and separates from City employment before the date upon which the floating holiday is based (Dr. Martin Luther King, Jr.'s birthday, Admission Day and /or the Employee's birthday), said floating holiday leave shall be repaid to the City through payroll deduction. Employees hired after the beginning of the fiscal year shall accrue floating holiday only if the employee is employed before the date on which the floating holiday is based (Dr. Martin Luther King, Jr.'s birthday, Admission day and /or the Employee's birthday). As an example, an employee hired on July 15, whose birthday is August 5, would receive a floating holiday for his birthday, Admission Day and Dr. Martin Luther King, Jr.'s birthday for that fiscal year. However, if that same employee was hired on March 15, the employee would not receive any floating holiday benefit for that fiscal year. 4. An employee required to work or attends a class or function on any holiday allowed to him by this Section shall be paid for the holiday, and in addition, he shall be compensated in accordance with the applicable overtime rules. A holiday allowed by this Section occurring during any leave of absence with pay shall be added to the number of working days' leave of absence to which such employee is entitled. 5. 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 36 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. 6. For full -time employees assigned to an alternate work week, if a holiday falls on a Friday that City Hall is closed under the 9/80 plan, each employee shall receive an eight (8) hour floating holiday. Floating holiday time is not accruable and not payable if unused. The floating holiday must be used by the end of the fiscal year in which it is granted or it shall be forfeited. Salary for the holiday shall be paid during the pay period in which the holiday occurs. 7. Represented part -time employees who work more than forty (40) hours in a pay period shall receive holidays in the same manner and under the same conditions as full -time employees at one -half the level of full -time employees. Section H. JURY LEAVE When an employee is called or required to serve as a juror, attendance shall be deemed a leave of absence with full pay. The City will compensate jury service up to eighty (80) hours per year. All hours in excess of eighty (80) shall not be compensated. The employee shall remit to the City all fees received except mileage. For employees assigned to an alternate work week, pay for jury duty shall not be provided on regularly scheduled days off. When released from any day of service more than two (2) hours prior to the end of the normal work schedule, an employee shall report as soon as practical to full duty. Section I. COURT WITNESS LEAVE An employee who is subpoenaed or required to appear in court as a witness shall be deemed to be on leave of absence. With approval of the appointing power and City Manager, an employee may be granted leave with pay during his required absence. The employee shall remit to the City fees received except mileage. A paid leave of absence shall not be granted for time spent in Court on personal cases. 37 Section J. INDUSTRIAL ACCIDENT LEAVE 1. Industrial accident leave shall be granted only to employees with three or more full years of continuous service with the City. 2. Industrial accident leave shall be allowed for a maximum of ten months from and after the date of injury. Industrial accident leave shall be equivalent to the employee's regular base salary and any temporary disability compensation payment required by law shall be deducted from the industrial accident leave payment. Lost time due to an injury on duty shall not be charged against an employee's accumulated sick leave after all industrial accident leave is expended. 3. Compensation shall continue until the employee 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. ARTICLE XVII 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. 38 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. Eligible candidates appointed from a promotional list to these classifications shall be on probation 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. 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. ARTICLE XVIII 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. 39 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 nine (9) employees may be certified as bilingual by the City. Once certified, the employee shall receive a bilingual pay stipend of $37.10 per pay period. 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. ARTICLE XIX LAYOFFS Section A. LAYOFF PROCEDURE The City Manager or appointing power may lay off 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. .s 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 (6) 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. Section C. DEFINITIONS 1. Employee — Permanent full -time and permanent part -time worker of the City of Arcadia who has been employed by the City for twelve consecutive months. 2. Layoff — Permanent separation from employment with the City as a result of a work reduction. 41 3. 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 years is below proficient. In such case, the layoff shall be based upon performance. 4. Work Reduction — A decrease in the level of service or amount of product output by the City. ARTICLE XX PERSONNEL FILES Section A. The City shall maintain a central personnel file for each employee in the Human Resources Office. Supervisors may maintain working personnel files. If a supervisor maintains a working personnel file, copies of written material which is to be used as a basis for employee discipline shall be sent to the central personnel file and given to the employee. Copies of performance evaluations and /or disciplinary actions shall not be entered in the file, until the employee is given a copy and an opportunity to review and comment thereon. The employee shall be given an opportunity during working hours to initial, date, and file a written response to the material. The written response shall be attached to the material. Copies of letters of commendation and /or certificate of commendation from the City Council or City Manager shall be placed in the employee's personnel file. An employee or their designated representative (in writing) shall have the right to examine and /or obtain copies at the employee's expense, of any material from the employee's personnel file with the exception of material that includes ratings, reports and records which were obtained prior to the employment of the involved employee. Section B. Discipline older than three (3) years will not be considered in promotional recruitments. Section C. WRITTEN REPRIMAND REVIEW The City agrees to a non - binding review of written reprimands for unit members by the Human Resources Administrator or designee. M ARTICLE XXI 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 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 43 used to reach the foregoing decisions is not in compliance with an express provision of the MOU and /or City /Department Personnel Rules and Regulations, a grievance may be filed. Section B. TIMELINESS The grievance must be filed by the employee within the timelines set forth herein. Failure of the employee to file the initial grievance or process the grievance from one level to another in a timely manner is a forfeiture of the grievance and the grievance will not be processed further. If the City fails to respond in a timely manner, the employee may proceed to the next level. Section C. EMPLOYEE REPRESENTATION The employee may be represented by a person of his or her choice to prepare and present the grievance. The employee may use a reasonable amount of released time to process the grievance. The release time must be approved by the Department Head. Section D. INFORMAL GRIEVANCE PROCEDURE Within fifteen (15) working days following the event, or within fifteen (15) working days after the employee should reasonably have known of the event, the employee should attempt to resolve the grievance on an informal basis by discussion with his or her immediate supervisor. Section E. FORMAL GRIEVANCE PROCEDURE 1. First Level of Review: Next Level Supervisor If the employee is not able to resolve the grievance after discussion with his or her immediate supervisor, within ten (10) working days after the informal discussion with the immediate supervisor, the employee shall present the grievance in writing to the next level supervisor on the official City grievance form setting forth the following information: a. The specific section of the rules or MOU allegedly violated. b. The specific act or omission which gave rise to the alleged violation. 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. 4. Human Resources Commission If the employee is not in agreement with the decision of the Human Resources Manager 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. Gk, Section F. APPEAL TO HUMAN RESOURCES COMMISSION 1. Scheduling of Hearing Upon receipt of the request for an appeal, the City shall, within thirty (30) days, transmit the appeal to the Human Resources Commission. The Commission shall schedule a hearing. The appeal hearing shall be set not less than twenty (20) working days nor more than sixty (60) working days from the date of the filing of the appeal. All interested parties shall be notified in writing of the date, time, and place of the hearing at least ten (10) working days prior to the hearing. 2. Public Hearings All hearings shall be open to the public. 3. Pre - Hearing Procedure a. Subpoenas The Human Resources Commission is authorized to issue subpoenas at the request of either party prior to the commencement of the hearing. After the commencement of the hearing, subpoenas shall be issued by the Commission only for good cause. Each party will prepare their own subpoenas and present them to the Human Resources Division of the Administrative Services Department and the other party. The Human Resources Division of the Administrative Services Department will issue the subpoenas. The Human Resources Division of the Administrative Services Department will serve subpoenas for current City employees. It will be the responsibility of the employee or the City to serve subpoenas on individuals who are not currently employed by the City. It will be the responsibility of the employee and the City to submit the written request for subpoenas at least ten (10) working days before the date of the hearing. b. Exhibits and Witness Lists Five (5) working days prior to the date set for the hearing, each party shall serve upon the other party and submit to the Human Resources Division of the Administrative Services Department a list of all witnesses and a list and copy of all exhibits. An original and nine (9) copies of the exhibits shall be presented to the Human Resources Division of the Administrative Services Department in 3 -hole notebooks which are tabbed down the side with the exhibit numbers. The employer's exhibits shall be designated by number. The employee's exhibits shall be designated by alphabetical letter. Neither party will be permitted to call during the hearing, a witness BE 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. 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. 47 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: "Do you swear that the testimony you are about to give at this hearing is the truth, the whole truth and nothing but the truth?" 10. Presentation of the Case The hearing shall proceed in the following order unless the Human Resources Commission for special reason, directs otherwise: a. The Human Resources Chair shall announce the issues after a review of the statement of issues presented by each party. b. The grievant (employee) shall be permitted to make an opening statement. c. The respondent (City) shall be permitted to make an opening statement, or reserve an opening statement until presentation of its case. d. The grievant shall produce his /her evidence. e. The respondent may then offer its evidence. f. The grievant followed by the respondent may offer rebutting evidence. Gf'j g. Closing arguments shall be permitted at the discretion of the Human Resources Commission. The party with the burden of proof shall have the right to go first and to close the hearing by making the last argument. The Commission may place a time limit on closing arguments. The Commission or the parties may request the submission of written briefs. After the request for submittal of written briefs, the Commission will determine whether to allow the parties to submit written briefs and determine the number of pages of said briefs. 11. Procedure for the Parties The party representing the department and the party representing the employee will address their remarks, including objections, to the Chair of the Human Resources Commission. Objections may be ruled upon summarily or argument may be permitted. The Chair reserves the right to terminate argument at any time and issue a ruling regarding an objection or any other matter, and thereafter the representatives shall continue with the presentation of their case. 12. Right to Control Proceedings While the parties are generally free to present their case in the order that they prefer, the Chair reserves the right to control the proceedings, including, but not limited to, altering the order of witnesses, limiting redundant or irrelevant testimony, or by the direct questioning of witnesses. 13. Hearing Demeanor and Behavior All parties and their attorneys or representatives shall not, by written submission or oral presentation, disparage the intelligence, ethics, morals, integrity or personal behavior of their adversaries or members of the Commission. 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 its 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. 49 The Human Resources Commission shall not be polled as to their decision by the grievant or the grievant's 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. 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. ARTICLE XXII DISCIPLINARY ACTIONS Section A. DISCIPLINARY ACTION: SUSPENSION, SALARY REDUCTION DEMOTION AND DISMISSAL The appointing powers are vested with the right to discipline or to dismiss permanent employees as provided by this section. A permanent employee holding a position in the classified service shall be subject to suspension without pay, salary reduction, demotion or dismissed for cause. A permanent employee in the classified service shall have the right to appeal the suspension without pay, demotion, or dismissal to the Human Resources Commission. If the appeal is timely, filed, a hearing will be scheduled by the Human Resources Commission. Probationary employees are subject to demotion or dismissal without cause or right to a hearing. 50 Section B. DISCIPLINARY ACTION: NOTIFICATION AND APPEAL PROCEDURE A permanent employee who is being suspended, reduced in pay, demoted or dismissed shall receive from the appointing power a written statement of the charge(s) upon which the discipline is based, the City rule(s), policy or regulation violated, together with any written evidence and /or witness statements the City is relying upon to support the statement of charges. The discipline letter shall be hand delivered, either by personal service or by the City sending the notice by Registered Mail as provided herein above, the employee shall have 30 calendar days within which to file with the Human Resources 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. Section C. SALARY REDUCTION An employee may be disciplined by reduction in compensation to any step in the salary scale applicable to the employee's current classification or to the classification to which the employee is demoted. Section D. UNAUTHORIZED ABSENCE Unauthorized leaves of absence are cause for immediate dismissal. 51 ARTICLE XXIII DISCIPLINARY ACTIONS — FULL -TIME AND PERMANENT PART -TIME UNCLASSIFIED EMPLOYEES The parties agree to provide all full -time unclassified and part -time benefited members paying dues to the bargaining group the right to request and be granted a meeting with the City Manager to answer to charges in a disciplinary action that may be expected to result in loss of pay or termination. Full -Time Unclassified Positions Records /Legal Technician Communications & Marketing Specialist Deputy City Clerk Part -Time Benefited Positions Information Systems Specialist Librarian Library Technician I & II Museum Education Coordinator Office Assistant Senior Citizen Project Specialist Senior Citizen Program Specialist Senior Library Technician 52 ARTICLE XXIII 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 the Memorandum of Understanding to be executed this day of '2013. ARCADIA CITY EMPLOYEES CITY OF ARCADIA ASSOCIATION Beth Stogner President 53 Dominic Lazzaretto City Manager 2014 -2018 NEGOTIATION TEAMS ACEA NEGOTIATION TEAMS Anabel Carrillo, Member -at -Large Gina Hernandez, Treasurer Toni McKiernan, Director Shelly Polifka, A CEA Vice - President Timothy Schwehr, Secretary Beth Stogner, A CEA President 54 CITY REPRESENTATIVES Jason Kruckenberg, Assistant City Manager/ Development Services Director Hue Quach, Administrative Services Director Heather McDowell Senior Human Resources Analyst EXHIBIT A CITY OF ARCADIA SALARY RANGE APRIL 1, 2014 - JUNE 30, 2015 ACEA - 2.0% COLA Range Title Step A Step B Step C Step D Step E Step F Step G Step R Step I Step J Number 42 Library Technician 1 $2,927 $2,999 $3,075 $3,152 $3,230 $3,312 $3,396 $3,481 $3,567 $3,657 43 Accounting Technician 1 $2,999 $3,075 $3,152 $3,230 $3,312 $3,396 $3,481 $3,567 $3,657 $3,747 44 $3,075 $3,152 $3,230 $3,312 $3,396 $3,481 $3,5671 $3,657 $3,747 $3,840 45 Office Assistant $3,152 $3,2301 $3,312 $3,396 $3,481 $3,567 $3,657 $3,747 $3,840 $3,936 46 Library Techncian 11 $3,230 $3,312 $3,396 $3,481 $3,567 $3,657 $3,747 $3,840 $3,936 $4,033 Museum Education Coordinator Accounting Technician 11 47 Information & Referral Coordinator $3,312 $3,396 $3,481 $3,567 $3,657 $3,747 $3,840 $3,936 $4,033 $4,133 Recreation Coordinator Senior Citizens Project Specialist 48 $3,396 $3,481 $3,567 $3,657 $3,747 $3,840 $3,936 $4,033 $4,133 $4,239 49 Administrative Assistant $3,481 $3,567 $3,657 $3,747 $3,840 $3,936 $4,033 $4,133 $4,239 $4,345 Senior Citizens Program Specialist 50 Building Technician 1 $3,567 $3,657 $3,747 $3,840 $3,936 $4,033 $4,133 $4,239 $4,345 $4,451 51 $3,657 $3,747 $3,840 $3,936 $4,033 $4,133 $4,239 $4,345 $4,451 $4,565 52 Senior Library Technician $3,747 $3,840 $3,936 $4,033 $4,133 $4,239 $4,345 $4,451 $4,565 $4,677 53 Senior Accounting Technician $3,840 $3,936 $4,033 $4,133 $4,239 $4,345 $4,451 $4,565 $4,677 $4,796 Building Technician II 54 Communications & Marketing $3,936 $4,033 $4,133 $4,239 $4,345 $4,451 $4,565 $4,677 $4,796 $4,914 Specialist I Senior Administrative Assistant Business License Officer 56 Code Services Officer $4,033 $4,133 $4,239 $4,345 $4,451 $4,565 $4,677 $4,796 $4,914 $5,037 Fire Administrative Specialist RecordsLe al Technician 56 Engineering Assistant $4,133 $4,239 $4,345 $4,451 $4,565 $4,677 $4,796 $4,914 $5,037 $5,163 Public Works Office Coordinator Accounting Specialist 57 Circulation Services Supervisor $4,239 $4,345 $4,451 $4,565 $4,677 $4,796 $4,914 $5,037 $5,163 $5,291 Revenue Collection Specialist 58 $4,3451 $4,451 $4,5651 $4,6771 $4,7961 $4,9141 $5,0371 $5,1631 $5,291 $5,424 CITY OF ARCADIA SALARY RANGE APRIL 1, 2014 - JUNE 30, 2015 ACEA - 2.0% COLA Range 'Title Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J Number Historical Museum Curator 59 Information Systems Specialist $4,451 $4,565 $4,677 $4,796 $4,914 $5,037 $5,163 $5,291 $5,424 $5,560 Librarian I Communications & Marketing 60 Specialist II $4,565 $4,677 $4,796 $4,914 $5,037 $5,163 $5,291 $5,424 $5,560 $5,699 Deputy City Clerk 61 $4,677 $4,796 $4,914 $5,037 $5,163 $5,291 $5,424 $5,560 $5,699 $5,841 Assistant Planner 62 Combination Inspector $4,796 $4,914 $5,037 $5,163 $5,291 $5,424 $5,560 $5,699 $5,841 $5,988 Public Works Inspector Senior Engineering Assistant 63 $4,914 $5,0371 $5,163 $5,291 $5,424 $5,560 $5,699 $5,841 $5,988 $6,137 64 Accountant Fire inspector $5,037 $5,163 $5,291 $5,424 $5,560 $5,699 $5,841 $5,988 $6,137 $6,290 Librarian Il 65 $5,163 $5,291 $5,424 $5,5601 $5,699 $5,841 $5,988 $6,137 $6,290 $6,448 Assistant Engineer 66 Associate Planner $5,291 $5,424 $5,560 $5,699 $5,841 $5,988 $6,137 $6,290 $6,448 $6,610 Senior Combination Inspector 67 $5,424 $5,560 $5,699 $5,841 $5,988 $6,137 $6,290 $6,448 $6,610 $6,775 68 $5,560 $5,699 $5,841 $5,988 $6,137 $6,290 $6,448 $6,610 $6,775 $6,944 69 $5,699 $5,8411 $5,988 $6,137 $6,290 $6,448 $6,610 $6,775 $6,944 $7,119 70 Associate Civil Engineer $5,841 $5,9881 $6,137 $6,290 $6,448 $6,610 $6,775 $6,944 $7,119 $7,296 71 $5,988 $6,137 $6,290 $6,448 $6,610 $6,775 $6,944 $7,119 $7,296 $7,479 72 $6,137 $6,290 $6,448 $6,610 $6,775 $6,944 $7,119 $7,296 $7,479 $7,665 73 Principal Librarian $6,290 $6,448 $6,610 $6,775 $6,944 $7,119 $7,296 $7,479 $7,665 $7,856 Senior Planner EXHIBIT A CITY OF ARCADIA SALARY RANGE JULY 1, 2015 - JUNE 30, 2016 ACEA - 2.0% COLA Range Title Step A Step B Step C Step C Step E Step F Step G Step H Step I Step J Number 42 Library Technician 1 $2,986 $3,059 $3,137 $3,215 $3,295 $3,378 $3,464 $3,551 $3,638 $3,730 43 Accounting Technician 1 $3,059 $3,137 $3,215 $3,295 $3,378 $3,464 $3,551 $3,638 $3,730 $3,822 44 $3,137 $3,215 $3,295 $3,378 $3,464 $3,551 $3,638 $3,730 $3,822 $3,917 45 Office Assistant $3,215 $3,295 $3,378 $3,464 $3,551 $3,638 $3,730 $3,822 $3,917 $4,015 46 Library Techncian 11 $3,295 $3,378 $3,464 $3,551 $3,638 $3,730 $3,822 $3,917 $4,015 $4,114 Museum Education Coordinator Accounting Technician II 47 Information & Referral Coordinator $3,378 $3,464 $3,551 $3,638 $3,730 $3,822 $3,917 $4,015 $4,114 $4,216 Recreation Coordinator Senior Citizens Project Specialist 48 $3,464 $3,551 $3,638 $3,730 $3,822 $3,917 $4,0151 $4,114 $4,216 $4,324 49 Administrative Assistant $3,551 $3,638 $3,730 $3,822 $3,917 $4,015 $4,114 $4,216 $4,324 $4,432 Senior Citizens Program Specialist 50 Building Technician 1 $3,638 $3,730 $3,822 $3,917 $4,015 $4,114 $4,216 $4,324 $4,432 $4,540 51 $3,730 $3,822 $3,917 $4,015 $4,114 $4,216 $4,324 $4,432 $4,540 $4,656 52 Senior Library Technician $3,822 $3,917 $4,015 $4,114 $4,216 $4,324 $4,432 $4,540 $4,656 $4,771 53 Senior.Accountinq Technician $3,917 $4,015 $4,1141 $4,216 $4,324 $4,432 $4,540 $4,656 $4,771 $4,892 Building Technician 11 54 Communications & Marketing $4,015 $4,114 $4,216 $4,324 $4,432 $4,540 $4,656 $4,771 $4,892 $5,012 Specialist I Senior Administrative Assistant Business License Officer 55 Code Services Officer $4,114 $4,216 $4,324 $4,432 $4,540 $4,656 $4,771 $4,892 $5,012 $5,138 Fire Administrative Specialist RecordsLe al Technician 56 Engineering Assistant $4,216 $4,324 $4,432 $4,540 $4,656 $4,771 $4,892 $5,012 $5,138 $5,266 Public Works Office Coordinator Accounting Specialist 57 Circulation Services Supervisor $4,324 $4,432 $4,540 $4,656 $4,771 $4,892 $5,012 $5,138 $5,266 $5,397 Revenue Collection Specialist 513 $4,4321 $4,540'1 $4,656 $4,771 $4,892 $5,012 $5,138 1 $5,2661 $5,397 $5,532 CITY OF ARCADIA SALARY RANGE JULY 1, 2015 - JUNE 30, 2016 ACEA - 2.0% COLA Flange Title Step A Step B Step C Step D Step E Step P Step G Step H Step I Step J Number Historical Museum Curator 59 Information Systems Specialist $4,540 $4,656 $4,771 $4,892 $5,012 $5,138 $5,266 $5,397 $5,532 $5,671 Librarian I Communications & Marketing 60 Specialist II $4,656 $4,771 $4,892 $5,012 $5,138 $5,266 $5,397 $5,532 $5,671 $5,813 Deputy Ci Clerk 61 $4,771 $4,892 $5,012 $5,138 $5,266 $5,397 $5,532 $5,671 $5,813 $5,958 Assistant Planner 62 Combination Inspector $4,892 $5,012 $5,138 $5,266 $5,397 $5,532 $5,671 $5,813 $5,958 $6,108 Public Works Inspector Senior En ineerin Assistant 63 $5,012 $5,138 $5,266 $5,397 $5,532 $5,671 $5,813 $5,958 $6,108 $6,260 Accountant 64 Fire Inspector $5,138 $5,266 $5,397 $5,532 $5,671 $5,813 $5,958 $6,108 $6,260 $6,416 Librarian II 65 $5,266 $5,397 $5,532 $5,671 $5,813 $5,958 $6,108 $6,260 $6,416 $6,577 Assistant Engineer 66 Associate Planner $5,397 $5,532 $5,671 $5,813 $5,958 $6,108 $6,260 $6,416 $6,577 $6,742 Senior Combination Inspector 67 $5,532 $5,671 $5,813 $5,958 $6,108 $6,260 $6,416 $6,577 $6,742 $6,911 68 $5,671 $5,813 $5,958 $6,108 $6,260 $6,416 $6,577 $6,742 $6,911 $7,083 69 $5,813 $5,9581 $6,108 $6,260 $6,416 $6,577 $6,742 $6,911 $7,083 $7,261 70 Associate Civil En ineer $5,958 $6,108 $6,260 $6,416 $6,577 $6,742 $6,911 $7,083 $7,261 $7,4442 71 $6,108 $6,260 $6,416 $6,577 $6,742 $6,911 $7,083 $7,261 $7,442 $7,629 72 $6,260 $6,416 $6,577 $6,742 $6,911 $7,083 $7,261 $7,442 $7,629 $7,818 73 Principal Librarian $6,416 $6,577 $6,742 $6,911 $7,083 $7,261 $7,442 $7,629 $7,818 $8,013 Senior Planner EXHIBIT A CITY OF ARCADIA SALARY RANGE JULY 1, 2016 - JUNE 30, 2017 ACEA - 2.0% COLA Range Title Step A Step B Step C Step D Step E Step F Step G Step W Step I Step J Number 42 Library Technician 1 $3,046 $3,120 $3,200 $3,279 $3,361 $3,446 $3,533 $3,622 $3,711 $3,805 43 Accounting Technician 1 $3,120 $3,200 $3,279 $3,361 $3,446 $3,533 $3,622 $3,711 $3,805 $3,898 44 $3,200 $3,279 $3,361 $3,446 $3,533 $3,622 $3,711 $3,805 $3,898 $3,995 45 Office Assistant $3,279 $3,361 $3,446 $3,533 $3,622 $3,711 $3,805 $3,898 $3,995 $4,095 46 Library Technci II $3,361 $3,446 $3,533 $3,622 $3,711 $3,805 $3,898 $3,995 $4,095 $4,196 Museum Education Coordinator Accounting Technician 11 47 Information & Referral Coordinator $3,446 $3,533 $3,622 $3,711 $3,805 $3,898 $3,995 $4,095 $4,196 $4,300 Recreation Coordinator Senior Citizens Project Specialist 48 $3,533 $3,622 $3,711 $3,805 $3,898 $3,995 $4,095 $4,196 $4,300 $4,410 49 Administrative Assistant $3,622 $3,711 $3,805 $3,898 $3,995 $4,095 $4,196 $4,300 $4,410 $4,521 Senior Citizens Program Specialist 50 Buildin Technician 1 $3,711 $3,805 $3,898 $3,995 $4,095 $4,196 $4,300 $4,410 $4,521 $4,631 51 $3,805 $3,898 $3,995 $4,095 $4,196 $4,300 $4,410 $4,521 $4,631 $4,749 52 Senior Lib!a g Technician $3,898 $3,995 $4,095 $4,196 $4,300 $4,410 $4,521 $4,631 $4,749 $4,866 53 Senior Accounting Technician $3,995 $4,095 $4,196 $4,300 $4,410 $4,521 $4,631 $4,749 $4,866 $4,990 Building Technician II 54 Communications & Marketing $4,095 $4,196 $4,300 $4,410 $4,521 $4,631 $4,749 $4,866 $4,990 $5,112 Specialist I Senior Administrative Assistant Business License Officer 55 Code Services Officer $4,196 $4,300 $4,410 $4,521 $4,631 $4,749 $4,866 $4,990 $5,112 $5,241 Fire Administrative Specialist RecordsLe al Technician 56 Engineering Assistant $4,300 $4,410 $4,521 $4,631 $4,749 $4,866 $4,990 $5,112 $5,241 $5,371 Public Works Office Coordinator Accounting Specialist 57 Circulation Services Supervisor $4,410 $4,521 $4,631 $4,749 $4,866 $4,990 $5,112 $5,241 $5,371 $5,505 Revenue Collection Specialist 58 $4,5211 $4,6311 $4,7491 $4,865r $4,990 $5,112 $5,2411 $5,3711 $5,5051 $5,643 CITY OF ARCADIA SALARY RANGE JULY 1, 2016 - JUNE 30, 2017 ACEA - 2.0% COLA Range Title Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J Number Historical Museum Curator 59 Information Systems Specialist $4,631 $4,749 $4,866 $4,990 $5,112 $5,241 $5,371 $5,505 $5,643 $5,784 Librarian I Communications & Marketing 60 Specialist 11 $4,749 $4,866 $4,990 $5,112 $5,241 $5,371 $5,505 $5,643 $5,784 $5,929 City Clerk ,Deputy 61 $4,866 $4,990 $5,112 $5,241 $5,371 $5,505 $5,643 $5,784 $5,929 $6,077 Assistant Planner 62 Combination Inspector $4,990 $5,112 $5,241 $5,371 $5,505 $5,643 $5,784 $5,929 $6,077 $6,230 Public Works Inspector Senior Engineering Assistant 63 $5,112 $5,241 $5,371 $5,505 $5,643 $5,784 $5,929 $6,077 $6,230 $6,385 Accountant 64 Fire Inspector $5,241 $5,371 $5,505 $5,643 $5,784 $5,929 $6,077 $6,230 $6,385 $6,544 Librarian II 66 $5,371 $5,505 $5,643 $5,784 $5,929 $6,077 $6,230 $6,385 $6,544 $6,709 Assistant Engineer fib Associate Planner $5,505 $5,643 $5,784 $5,929 $6,077 $6,230 $6,385 $6,544 $6,709 $6,877 Senior Combination Inspector 67 $5,643 $5,784 $5,929 $6,077 $6,230 $6,385 $6,544 $6,709 $6,877 $7,049 68 $5,784 $5,929 $6,077 $6,230 $6,385 $6,544 $6,709 $6,877 $7,049 $7,225 69 $5,929 $6,0771 $6,230 $6,385 $6,544 $6,709 $6,877 $7,049 $7,225 $7,406 70 Associate Civil Engineer $6,077 $6,230 $6,385 $6,544 $6,709 $6,877 $7,049 $7,225 $7,406 $7,591 71 $6,230 $6,385 $6,544 $6,709 $6,877 $7,049 $7,225 $7,406 $7,591 $7,782 72 $6,385 $6,544 $6,709 $6,877 $7,049 $7,225 $7,406 $7,591 $7,782 $7,974 73 Principal Librarian $6,544 $6,709 $6,877 $7,049 $7,225 $7,406 $7,591 $7,782 $7,974 $8,173 Senior Planner EXHIBIT A CITY OF ARCADIA SALARY RANGE JULY 1, 2017 - JUNE 30, 2018 ACEA - 2.5% COLA Range Title Step A Step B Step C Step D Step E Step E Step G Step H Step I Step J Number 42 Library Technician 1 $3,122 $3,198 $3,280 $3,361 $3,445 $3,532 $3,621 $3,713 $3,804 $3,900 43 Accou-nting Technician 1 $3,198 $3,280 $3,361 $3,445 $3,532 $3,621 $3,713 $3,804 $3,900 $3,995 44 $3,280 $3,361 $3,445 $3,532 $3,621 $3,713 $3,804 $3,900 $3,995 $4,095 45 Office Assistant $3,361 $3,445 $3,532 $3,621 $3,713 $3,804 $3,900 $3,995 $4,095 $4,197 46 Library Techncian 11 $3,445 $3,532 $3,621 $3,713 $3,804 $3,900 $3,995 $4,095 $4,197 $4,301 Museum Education Coordinator Accounting Technician 11 47 Information & Referral Coordinator $3,532 $3,621 $3,713 $3,804 $3,900 $3,995 $4,095 $4,197 $4,301 $4,408 Recreation Coordinator Senior Citizens Project Specialist 48 $3,621 $3,713 $3,804 $3,900 $3,995 $4,095 $4,197 $4,301 $4,408 $4,520 49 Administrative Assistant $3,713 $3,804 $3,900 $3,995 $4,095 $4,197 $4,301 $4,408 $4,520 $4,634 Senior Citizens Pro ram S ecialist 5o Building Technician 1 $3,804 $3,900 $3,995 $4,095 $4,197 $4,301 $4,408 $4,520 $4,634 $4,747 51 $3,900 $3,995 $4,095 $4,197 $4,301 $4,408 $4,520 $4,634 $4,747 $4,868 52 Senior Library Technician $3,995 $4,095 $4,197 $4,301 $4,408 $4,520 $4,634 $4,747 $4,868 $4,988 53 Senior Accounting Technician $4,095 $4,197 $4,301 $4,408 $4,520 $4,634 $4,747 $4,868 $4,988 $5,115 Building Technician 11 54 Communications & Marketing $4,197 $4,301 $4,408 $4,520 $4,634 $4,747 $4,868 $4,988 $5,115 $5,240 Specialist I Senior Administrative Assistant Business License Officer 55 Code Services Officer $4,301 $4,408 $4,520 $4,634 $4,747 $4,868 $4,988 $5,115 $5,240 $5,372 Eire Administrative Specialist RecordsLe al Technician 56 Engineering Assistant $4,408 $4,520 $4,634 $4,747 $4,868 $4,988 $5,115 $5,240 $5,372 $5,505 Public Works Office Coordinator Accounting Specialist 57 Circulation Services Supervisor $4,520 $4,634 $4,747 $4,868 $4,988 $5,115 $5,240 $5,372 $5,505 $5,643 Revenue Collection Specialist 58 1 1 $4,6341 $4,747 $4,868 $4,988 $5,115 $5,240 $5,372 $5,5051 $5,643 $5,784 CITY OF ARCADIA SALARY RANGE JULY 1, 2017 - JUNE 30, 2018 ACEA - 2.5% COLA Range Title Step A Step B Step C Step D Step B Step F Step G Step H Step I Step J Number Historical Museum Curator 59 Information Systems Specialist $4,747 $4,868 $4,988 $5,115 $5,240 $5,372 $5,505 $5,643 $5,784 $5,929 Librarian I Communications & Marketing 60 Specialist 11 $4,868 $4,988 $5,115 $5,240 $5,372 $5,505 $5,643 $5,784 $5,929 $6,077 Deputy City Clerk 61 $4,988 $5,115 $5,240 $5,372 $5,505 $5,643 $5,784 $5,929 $6,077 $6,229 Assistant Planner 62 Combination Inspector $5,115 $5,240 $5,372 $5,505 $5,643 $5,784 $5,929 $6,077 $6,229 $6,386 Public Works Inspector Senior Engineering Assistant 63 $5,240 $5,372 $5,505 $5,643 $5,784 $5,929 $6,077 $6,2291 $6,386 $6,545 Accountant 64 Fire Inspector $5,372 $5,505 $5,643 $5,784 $5,929 $6,077 $6,229 $6,386 $6,545 $6,708 Librarian 11 65 $5,505 $5,643 $5,784 $5,929 $6,077 $6,229 $6,386 $6,545 $6,708 $6,877 Assistant Engineer 66 Associate Planner $5,643 $5,784 $5,929 $6,077 $6,229 $6,386 $6,545 $6,708 $6,877 $7,049 Senior Combination Ins actor 67 $5,784 $5,929 $6,077 $6,229 $6,386 $6,545 $6,708 $6,877 $7,049 $7,225 68 $5,929 $6,077 $6,229 $6,386 $6,545 $6,708 $6,877 $7,0491 $7,225 $7,406 69 $6,077 $6,229 $6,386 $6,545 $6,708 $6,877 $7,049 $7,2251 $7,406 $7,591 70 Associate Civil Engineer $6,229 $6,386 $6,545 $6,708 $6,877 $7,049 $7,225 $7,406 $7,591 $7,781 71 $6,386 $6,545 $6,708 $6,877 $7,049 $7,225 $7,406 $7,591 $7,781 $7,977 72 $6,5451 $6,708 $6,877 $7,049 $7,225 $7,406 $7,591 $7,781 $7,977 $8,173 73 Principal Librarian $6,708 $6,877 $7,049 $7,225 $7,406 $7,591 $7,781 $7,977 $8,173 $8,377 Senior Planner Exhibit "B" LETTER OF AGREEMENT BETWEEN THE CITY OF ARCADIA AND ARCADIA CITY EMPLOYEES ASSOCIATION The City of Arcadia and the Arcadia City Employees Association (ACEA) agree to amend Article Vill, Section A, Stabilh Pa, /Longevity Pay of the 2011 -2014 MOU as follows: Section A. STABII_lTY PAY Stability Pay is applicable only to employees who were hired prior to January 1, 1984. The plan pays $25 per year for each year of consecutive service up to a maximum of twenty years (20) of service, where the maximum attainable is $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 prc -rata basis to employees that retire or are laid off prior to December 1, provided they meet all eligibility requirements. Shelf olffka Date ACEA President Don Penman Date City Manager RESOLUTION NO. 7002 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 APRIL 1, 2014 THROUGH JUNE 30, 2018 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 Public Works Employees Association ( "APWEA ") dated effective as of April 1, 2014, 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 day of , 2013. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: n Stephen P. Deitsch City Attorney CITY OF ARCADIA AND ARCADIA PUBLIC WORKS EMPLOYEES ASSOCIATION � �tix��N q Incorporated August 5, 1903 MEMORANDUM OF UNDERSTANDING APRIL 1, 2014 -JUNE 30, 2018 Table of Contents Page PREAMBLE................................................................................................................... ..............................4 Section A. PARTIES AND RECOGNITION ..................................................... ..............................5 Section B. APPROPRIATE UNIT ...................................................................... ..............................5 Section C. MUTUAL RECOMMENDATION .................................................... ..............................5 Section D. AUTHORIZED AGENTS ................................................................. ..............................6 ARTICLEII .................................................................................................................... ..............................6 SectionA. TERM ................................................................................................. ..............................6 Section B. SAVINGS CLAUSE .......................................................................... ..............................6 ARTICLE III ASSOCIATION RIGHTS ................................................................ ..............................7 Section A. AGENCY SHOP LEGISLATIVE AUTHORITY ............................. ..............................7 Section B. RIGHT TO JOIN ............................................................................... ..............................9 Section C. USE OF BULLETIN BOARDS ........................................................ ..............................9 Section D. PAYROLL DEDUCTION ................................................................ .............................10 Section E. ACCESS TO FACILITIES .............................................................. .............................11 Section F. ASSOCIATION STEWARDS ......................................................... .............................11 Section G. REASONABLE NOTICE ................................................................ .............................12 ARTICLE IV MANAGEMENT RIGHTS ............................................................. .............................12 ARTICLE V COMPENSATION .......................................................................... .............................12 Section A. SALARY SCHEDULES .................................................................. .............................12 Section B. PROMOTION OR ADVANCEMENT ............................................ .............................13 Section C. PERCENTAGES BETWEEN STEPS / RANGE ........................... .............................13 Section D. ADVANCES IN RATE OF COMPENSATION ............................. .............................13 ARTICLE VI RETIREMENT ................................................................................. .............................13 Section A. EMPLOYEES HIRED BEFORE JULY 1, 2011 ........................... .............................13 Section A. EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 BUT BEFORE OCTOBER 9, 2011 15 Section D. NEW CaIPERS MEMBERS HIRED ON OR AFTER JANUARY 1, 2013............17 Section E. DEFERRED COMPENSATION .................................................... .............................18 ARTILCE VII OVERTIME (FLSA) AND WORK SCHEDULES ....................... .............................18 1 SectionA. OVERTIME ....................................................................................... .............................18 SectionB. RECALL ............................................................................................ .............................19 SectionC .................................................................................................................. .............................19 ARTICLE VIII STABILITY PAY /LONGEVITY PAY .......................................... .............................19 ARTICLE IX TUITION LOAN /REIMBURSEMENT .......................................... .............................20 ARTICLE X MILEAGE REIMBURSEMENT ................................................... .............................21 ARTICLE XI HEALTH, DENTAL AND LIFE INSURANCE ............................ .............................21 Section A. CONTRIBUTION ............................................................................. .............................21 ARTILCE XI RETIREE MEDICAL ...................................................................... .............................23 Section A. RETIREE MEDICAL - EMPLOYEES HIRED BEFORE JULY 1, 2011 ................23 Section B. RETIREE MEDICAL - EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 .....24 ARTICLE XIII DISABILITY INCOME INSURANCE ........................................ .............................24 ARTICLE XIV MEDICAL EXAMINATIONS ....................................................... .............................24 ARTICLE XV UNIFORMS ..................................................................................... .............................25 SectionA .................................................................................................................. .............................25 SectionB .................................................................................................................. .............................25 SectionC .................................................................................................................. .............................25 SectionD .................................................................................................................. .............................25 SectionE .................................................................................................................. .............................25 SectionF .................................................................................................................. .............................25 SectionG .................................................................................................................. .............................25 SectionH .................................................................................................................. .............................25 ARTICLE XVI LEAVE ........................................................................................... .............................26 SectionA. LEAVE ............................................................................................... .............................26 Section B. POWER TO GRANT LEAVE ......................................................... .............................26 Section C. TEMPORARY MILITARY LEAVE (PAID AND UNPAID) .......... .............................27 Section D. VACATION LEAVE ....................................................................... ............................... 28 SectionE. SICK LEAVE .................................................................................. ............................... 29 Section F. WORKERS' COMPENSATION ..................................................... .............................30 SectionG. HOLIDAYS ....................................................................................... .............................31 SectionH. JURY LEAVE ................................................................................... .............................32 Section I. WITNESS LEAVE ........................................................................... .............................33 2 Section J. BEREAVEMENT LEAVE ............................................................... .............................33 Section K. UNAUTHORIZED ABSENCE ........................................................ .............................33 ARTICLE XVII PROBATIONARY PERIOD ....................................................... .............................33 SectionA .................................................................................................................. .............................33 SectionB .................................................................................................................. .............................34 SectionC .................................................................................................................. .............................34 ARTICLE XVIII ACTING PAY ............................................................................... .............................34 SectionA. ACTING PAY ................................................................................... .............................34 SectionB. EXCEPTION .................................................................................... .............................34 ARTICLE XIX LAYOFFS ................................................................................... ............................... 35 Section A. LAYOFF PROCEDURE ................................................................. .............................35 Section B. RE- EMPLOYMENT LIST ............................................................... .............................35 Section C. SEVERANCE PAY .......................................................................... .............................35 ARTICLE XX PERSONNEL FILES ................................................................... .............................36 Section A. PERSONNEL FILES ....................................................................... .............................36 Section B. PROMOTIONAL RECUITMENTS ................................................ .............................36 Section C. WRITTEN REPRIMAND REVIEW ............................................... .............................36 ARTICLE XXII EMPLOYEE GRIEVANCES ...................................................... .............................36 Section A. DEFINITIONS .................................................................................. .............................36 SectionB. TIMELINESS .................................................................................... .............................38 Section C. EMPLOYEE REPRESENTATION ................................................ .............................38 Section D. INFORMAL GRIEVANCE PROCEDURE .................................... .............................38 Section E. FORMAL GRIEVANCE PROCEDURE ........................................ .............................38 Section F. APPEAL TO HUMAN RESOURCES COMMISSION ................ .............................40 ARTICLE XXIII LABOR - MANAGEMENT COMMITTEE ................................. .............................44 ARTICLE XXIV FULL UNDERSTANDING .......................................................... .............................45 SectionA .................................................................................................................. .............................45 SectionB .................................................................................................................. .............................45 2014 - 2018 NEGOTIATION TEAMS ....................................................................... .............................46 3 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. rd ARTICLE I Section A. PARTIES AND RECOGNITION The Memorandum of Understanding is made and entered into between the management representatives of the City of Arcadia, hereinafter referred to as the "City" and representatives of the 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 § §3500 et. seq.). 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 1 and 11 Fleet Technician/Welder Maintenance Worker Storekeeper /Buyer Streets Maintenance Crew Supervisor Traffic Signal /Street Light Technician Utilities Crew Supervisor Water Production Crew Supervisor Water Production Technician 1 and 11 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. 5 Section D. AUTHORIZED AGENTS The City's principal authorized agent shall be the City Manager, 240 W. Huntington Drive, Arcadia, California, 91007, 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 Anthony Pulido, 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, City Employees Associates, 2918 E 7t" Street, Long Beach, California, 90804. 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 by the City Council, for the period of April 1, 2014 through June 30, 2018. 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. 11 ARTICLE III 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: a. Elect to join the Association and pay Association dues; b. Pay an agency fee for representation; or c. With a religious exemption, pay a fee equal to the agency fee to be donated to selected charities. 1. Association Dues /Agency Fee Collection. 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. 2. New Hire Notification. 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 request to meet with new hires at a time and place mutually agreed upon between the Department Head and the Association. 3. 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. 4. Leave Without Pay /Temporary 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. 5. 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 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. H., 6. 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 sixty (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. 7. 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. 8. 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: 1. 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 ninety (90) days. O7 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: Such deduction shall be made only upon form to the designated City representative. completed and signed by the employee. submission of the City Said form shall be duly 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. 10 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 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 designee shall set an alternative time and /or location for such visit within 72 hours. 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. 11 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. ARTICLE IV MANAGEMENT RIGHTS 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. ARTICLE V COMPENSATION Section A. SALARY SCHEDULES The City agrees to increase base salaries of classifications covered by this MOU in the amount of three percent ( 3 %) effective April 1, 2014, three percent (3 %) effective July 1, 2015, two percent (2 %) effective July 1, 2016, and two and one half percent (2.5 %), effective July 1, 2017. The salary schedules for classifications covered by this MOU are set forth on ExhibitA and incorporated herein. 12 Section B. PROMOTION OR ADVANCEMENT Promotion or Advancement in Rate of Compensation. 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. 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. PERCENTAGES BETWEEN STEPS /RANGE The Parties acknowledge that the percentage between steps within a range is approximately two and one half percent (2.5 %). Section D. ADVANCES IN RATE OF COMPENSATION 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. ARTICLE VI RETIREMENT Section A. EMPLOYEES HIRED BEFORE JULY 1. 2011 The City contracts with the State of California Public Employees Retirement System (CaIPERS) for the classifications contained in this Agreement. The plan shall include the following options: 1. 2.5% @ 55 retirement formula (Government Code §21354.4); 2. Single highest year final compensation (Government Code §20042); 3. Post Retirement Survivor Continuance; 4. Credit for Unused Sick leave (Government Code §20965); 5. 1959 Survivors Benefit for which each employee contributes ninety - three cents ($.93) per pay period; 6. Third level 1959 Survivors Benefit allowance (Government Code §21573); 7. Military service credit as public service option (Government Code §21024). It is agreed and understood that the employee is responsible for paying for this benefit; 8. The City agrees to allow members to participate in a pre -tax payroll deduction plan for service purchases; 13 9. Provided the employee signs a waiver leasing and holding the City harmless, from any liability, whatsoever, the City agrees to allow members to use funds from their deferred compensation (457 plan) toward the pre -tax payroll deduction plan for service credit purchases; 10. Special compensation items shall be reported to CalPERS in accordance with applicable law; 11. Employees agree to make contributions to offset a portion of the City's costs related to CalPERS retirement benefits. The employee cost - sharing will be accomplished through pre -tax deductions in the manner contemplated by Government Code §20516(f). The parties recognize that the IRS has yet to take a position on the pre -tax status of deductions made under §20516(f) and in the event that, subsequent to the effective date of this provision, the IRS determines that such deductions do not qualify for pre -tax status, the parties agree to meet and discuss the effects thereof. The cost - sharing arrangement will be implemented as follows: Employees will pay seven percent (7 %) of PERSable compensation to CalPERS retirement via payroll deduction towards the City's Employer Contribution to CalPERS, and said amount will be allocated to the employer's account. 12. In addition to the foregoing cost sharing payments, employees shall continue to pay one percent (1%) of the member contribution to CalPERS; 13. The City shall continue to pay the cost of the employees' member contribution to CalPERS in the amount of seven percent (7 %) (EPMC) and shall continue to report that as additional compensation pursuant to §20636(c)(4) of the Government Code. Further, said amount will be allocated to the employee's retirement account; and 14. The Pre - Retirement Option 2W Death Benefit (Government Code §21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional Benefits), Employees agree to cost -share this benefit with the City through pre -tax deductions in the manner contemplated by §20516(f) of the Government Code. The parties recognize that the IRS has yet to take a position on the pre -tax status of deductions made under §20516(f) and in the event that, subsequent to the effective date of this provision, the IRS determines that such deductions do not qualify for pre -tax status, the parties agree to meet and discuss the effects thereof. It is agreed and understood that both parties shall split the cost of this optional benefit which was determined to be a total of .276 %. The cost - sharing arrangement will be implemented as follows: 14 Employees will pay one hundred thirty eight thousandths of a percent (.138 %) of PERSable compensation to CaIPERS retirement via payroll deduction; and the City will pay one hundred thirty eight thousandths of a percent (.138 %) of PERSable compensation to CaIPERS retirement. Section B. EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 BUT BEFORE OCTOBER 9, 2011 The City contracts with the State of California Public Employees Retirement System (CaIPERS) for the classifications contained in this Agreement. The plan shall include the following options: 1. 2.5% at age 55 retirement formula (Government Code §21354.4); 2. Single highest year final compensation (Government Code §20042); 3. Post Retirement Survivor Continuance; 4. Credit for unused sick leave (Government Code §20965); 5. 1959 Survivors Benefit for which each employee contributes ninety -three cents ($.93) per pay period; 6. Third level 1959 Survivors Benefit allowance (Government Code §21573); 7. Military service credit as public service option (Government Code §21024). It is agreed and understood that the employee is responsible for paying for the cost of this benefit; 8. Employee will pay the full eight percent (8 %) member contribution to CaIPERS on a pre -tax basis via payroll deduction; 9. The City agrees to allow members to participate in a pre -tax payroll deduction plan for service credit purchases; 10. Provided the employee signs a waiver leasing and holding the City harmless, from any liability, whatsoever, the City agrees to allow members to use funds from their deferred compensation (457 plan) toward the pre -tax payroll deduction plan for service credit purchases; 11. Special Compensation items shall be reported to CaIPERS in accordance with applicable law; and 12. The Pre - Retirement Option 2W Death Benefit (Government Code §21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional Benefits), Employees agree to cost -share this benefit with the City through pre -tax deductions in the manner contemplated by Government Code §20516(f). The parties recognize that the IRS has yet to take a position on the pre -tax status of deductions made under §20516(f) and in the event that, subsequent to the effective date of this provision, the IRS determines that that such deductions do not qualify for pre -tax 15 status, the parties agree to meet and discuss the effects thereof. It is agreed and understood that both parties shall split the cost of this optional benefit which was determined to be a total of .276 %. The cost - sharing arrangement will be implemented as follows: Employees will pay one hundred thirty eight thousandths of a percent (.138 %) of PERSable compensation to CaIPERS retirement via payroll deduction; and the City will pay one hundred thirty eight thousandths of a percent (.138 %) of PERSable compensation to CaIPERS. Section C. EMPLOYEES HIRED ON OR AFTER OCTOBER 9, 2011 OTHER THAN NEW CALPERS MEMBERS The City contracts with the State of California Public Employees Retirement System (CaIPERS) for the classifications contained in this Agreement. The plan shall include the following options: 1. 2% at age 60 retirement formula (Government Code §21353); 2. Three (3) year average final compensation period (Government Code §20037); 3. Post Retirement Survivor Continuance; 4. Credit for Unused sick leave (Government Code §20965); 5. 1959 Survivors Benefit for which each employee contributes ninety -three cents ($.93) per pay period; 6. Third level 1959 Survivors Benefit allowance Government Code §21573); 7. Military service credit as public service option Government Code §21024). It is agreed and understood that the employee is responsible for paying for this benefit; 8. The City agrees to allow members to participate in a pre -tax payroll deduction plan for service purchases; 9. Provided the employee signs a waiver releasing and holding the City harmless, from any liability, whatsoever, the City agrees to allow members to use funds from their deferred compensation (457 Plan) toward the pre -tax payroll deduction plan for service credit purchases; 10. Special compensation items shall be reported to CaIPERS in accordance with applicable law; 11. Employee will pay the full seven percent (7 %) member contribution to CaIPERS via payroll deduction; and 12. The Pre - Retirement Option 2W Death Benefit (Government Code §21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional Benefits), Employees agree to cost —share this benefit with the City through pre -tax deductions in the manner contemplated by §20516(f) of the Government Code. The parties 16 recognize that the IRS has yet to take a position on the pre -tax status of deductions made under §20516(f) and in the event that, subsequent to the effective date of this provision, the IRS determines that such deductions do not qualify for pre -tax status, the parties agree to meet and discuss the effects thereof. It is agreed and understood that both parties shall split the cost of this optional benefit which was determined to be a total of .276 %. The cost - sharing arrangement will be implemented as follows: Employees will pay one hundred thirty eight thousandths of a percent (.138 %) of PERSable compensation to CaIPERS retirement via payroll deduction; and the City will pay one hundred thirty eight thousandths of a percent (.138 %) of PERSable compensation to CaIPERS retirement. Section D. NEW CaIPERS MEMBERS HIRED ON OR AFTER JANUARY 1. 2013 The City contracts with the State of California Public Employees Retirement System (CaIPERS) for the classifications contained in this Agreement. The plan shall include the following options: 1. 2% at age 62 retirement formula (Government Code §7522.20); 2. Three (3) year average final compensation period (Government Code §20037); 3. Post Retirement Survivor Continuance; 4. Credit for Unused sick leave (Government Code §20965); 5. 1959 Survivors Benefit for which each employee contributes ninety -three cents ($.93) per pay period; 6. Third level 1959 Survivors Benefit allowance Government Code §21573); 7. Military service credit as public service option Government Code §21024). It is agreed and understood that the employee is responsible for paying for this benefit; 8. The City agrees to allow members to participate in a pre -tax payroll deduction plan for service purchases; 9. Provided the employee signs a waiver releasing and holding the City harmless, from any liability, whatsoever, the City agrees to allow members to use funds from their deferred compensation (457 Plan) toward the pre -tax payroll deduction plan for service credit purchases; 10. Special compensation items shall be reported to CaIPERS in accordance with applicable law; 11. Employee will pay 50% of the normal cost, currently six and three quarters percent (6.75 %) member contribution to CaIPERS on a pre -tax basis via payroll deduction; and 17 12. The Pre - Retirement Option 2W Death Benefit (Government Code §21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional Benefits), Employees agree to cost —share this benefit with the City through pre -tax deductions in the manner contemplated by §20516(f) of the Government Code. The parties recognize that the IRS has yet to take a position on the pre -tax status of deductions made under §20516(f) and in the event that, subsequent to the effective date of this provision, the IRS determines that such deductions do not qualify for pre -tax status, the parties agree to meet and discuss the effects thereof. It is agreed and understood that both parties shall split the cost of this optional benefit which was determined to be a total of .276 %. The cost - sharing arrangement will be implemented as follows: Employees will pay one hundred thirty eight thousandths of a percent (.138 %) of PERSable compensation to CalPERS retirement via payroll deduction; and the City will pay one hundred thirty eight thousandths of a percent (.138 %) of PERSable compensation to CalPERS retirement. Section E. DEFERRED COMPENSATION Employees may elect to allocate salary to the City's 457 Plan on a pre -tax basis in accordance with the provisions of the Plan. ARTILCE VII OVERTIME (FLSA) AND WORK SCHEDULES Section A. OVERTIME 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 18 reached, overtime shall be paid. The scheduling of compensatory time off shall not result in the pyramiding of overtime. Section B. RECALL Section C. Employees recalled to work after completing a day's work, including any overtime shall receive a minimum credit of two (2) hours of overtime. 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 attends voluntarily. Section D. WORK SCHEDULES 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. ARTICLE VIII STABILITY PAY /LONGEVITY PAY Section A. STABILITY PAY See Side Letter Attached as Exhibit B. 19 Section B. LONGEVITY PAY A Longevity Pay benefit will be implemented based on the following formula: Completed Years of Continuous Service Amount Per Pay Period 5 -9 Yrs $42.02 10 -14 Yrs $63.04 15 Yrs + $84.06 The Longevity Pay benefit is effective the pay period an employee completes 5, 10 or 15 years of continuous employment with the City. ARTICLE IX TUITION LOAN /REIMBURSEMENT Employees shall be eligible for tuition advancement or reimbursement who have completed at least one probationary period in the Classified Service, or one year of continuous service if employment is "at- will," subject to the conditions below. To qualify for tuition advancement/reimbursement, a Tuition Loan/ Reimbursement Form must be submitted and pre- approved by the employee's Department Head and Human Resources Administrator, before the course(s) begin. Tuition loan or reimbursement shall only be for courses, specialized training, or degree programs "job- related" that are directly related to the employee's position as determined by the City Manager or designee. The Tuition Loan /Reimbursement Program will operate on a fiscal year basis (July 1 through June 30) and shall be subject to the availability of funds as determined by the City. The maximum loan or reimbursement amount shall be $4,126 for undergraduate courses and $5,062 for graduate courses. Eligible fees include tuition, on campus parking fees and textbooks. All other fees are subject to approval by the City. School supplies are not reimbursable. 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. If the employee either does not receive a "C" or better or for any reason does not finish the class, the advance is due and payable. Any employee who shall voluntarily retire or terminate employment or be terminated for disciplinary cause within one year from the completion of a class or classes shall refund all tuition paid under this provision for those specific classes unless they were required to attend by the appointing power. An employee who separates employment and who received tuition advancement and did not complete a class or classes within one (1) 20 year from the advancement, shall refund all tuition advanced and be subject to the provisions outlined in the Advanced Tuition Participation and Loan Agreement. Employees who retire on a Disability or Industrial Disability Retirement, or are laid off shall not be required to refund tuition fees. The City reserves the right to investigate any school and approve or disapprove it for advancement or reimbursement if such action appears warranted. Courses must be taken at an accredited education institution, which is defined as any college or university which has been accredited by a recognized government or professional accrediting body (as determined by the City). Additionally, the City reserves the right to deny any course(s), specialized training or degree programs determined by the City Manager to be non -job related. ARTICLE X MILEAGE REIMBURSEMENT 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. ARTICLE XI HEALTH, DENTAL AND LIFE INSURANCE Section A. CONTRIBUTION The City shall provide regular full -time employees in a classification represented by this Agreement with the following contributions: 1. CalPERS Health Program: The City will contribute the minimum employer contribution required pursuant to Government Code §22892(b) ( "Minimum Contribution ") per month per employee for health insurance. 2. Dental Insurance: mandatory enrollment: The City will contribute the employee only cost for Delta Care USA insurance per month ( "Dental Contribution ") toward one of two dental plans. Additional coverage may be purchased through the Optional Benefits allocation. 21 3. Optional Benefits: Subject to the limits set forth herein, the City shall contribute the remaining amount of employee's health and dental insurance benefit allowance through a contribution to an Internal Revenue Code §125 Cafeteria Plan as follows: Effective April 1, 2014: a. The City shall pay up to a maximum of $946 per month per full -time 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. Effective July 1, 2015: b. The City shall pay up to a maximum of $976 per month per full -time 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. Effective July 1, 2016 - June 30, 2018: c. The City shall pay up to a maximum of $1,007 per month per full -time 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. d. If the premium cost of the health plan exceeds the City contribution, the employee shall pay through payroll deduction the difference between the monthly premium and the amount contributed by the City. e. 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. f. Dependent enrollment will require proof of eligibility for dependent status including social security number, marriage, birth and /or adoption certificates. 22 4. Life Insurance: The City shall provide a $25,000 Life & AD &D benefit for eligible employees. 5. Vision Plan: The City shall provide each employee with a vision plan, with the City paying the premium in fiscal years FY 14 -15 through FY 17 -18. The vision plan will be Vision Service Plan, Option B. The City will pay the premium up to the cost of the family plan. ARTILCE XII RETIREE MEDICAL Section A. RETIREE MEDICAL - EMPLOYEES HIRED BEFORE JULY 1, 2011 1. Tier II Retirees. For employees hired before July 1, 2011 and retiring from the City on or after January 1, 2012 ( "Tier II Retirees "), the City agrees to provide a Premium Payment for the purpose of purchasing health coverage offered through CalPERS for the Tier II Retiree and his /her spouse in an amount not to exceed the monthly premium applicable to the coverage level for the retiree (i.e., Employee Only or Employee + spouse) for the 2012 PERS Choice plan * ( *rates are determined by region of residence; Los Angeles rates for 2012 are Employee Only $505.63, employee + spouse $1,011.26). The Premium Payment shall be payable in the following form: (1) PEMHCA Minimum contribution payable directly to CalPERS, and (2) a reimbursement to the Tier II Retiree equal to difference between the cost of plan in which the Tier II Retiree enrolls, subject to the foregoing cap, and the PEMHCA Minimum contribution ( "Reimbursement "). If a retiree enrolls in a more expensive plan, he /she will be responsible for payment of any premium in excess of the capped amount. The Reimbursement shall cease for the Tier II Retiree upon eligibility for Medicare coverage, and the Reimbursement shall cease for the spouse upon eligibility for Medicare coverage, or after 15 years, whichever occurs first. Tier II Retirees must be "eligible retirees" in order to receive the benefits described in this paragraph. 2. Eligible Retiree. An "eligible retiree" is a unit member who retires on a service, disability, or industrial disability retirement and has 1,000 hours of accumulated sick leave at the date of retirement. An employee who has fewer than one thousand (1,000) 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 (1,000) hour requirement, provided, however, upon verification of information from a qualified medical 23 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. 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. 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. Section B. RETIREE MEDICAL -EMPLOYEES HIRED ON OR AFTER JULY 1. 2011 Tier III Retirees. For employees hired on or after July 1, 2011 that retiree from the City and who remain enrolled in a CalPERS health plan after retirement ( "Tier III Retiree "), the City will pay no more than the PEMHCA Minimum contribution. Tier III Retirees shall not be reimbursed or otherwise receive payment from the City for health insurance premiums in excess of the PEMHCA Minimum contribution. ARTICLE XIII DISABILITY INCOME INSURANCE 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. ARTICLE XIV MEDICAL EXAMINATIONS 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. 24 ARTICLE XV UNIFORMS The following shall apply for each fiscal year: Section A. The City shall provide each new employee with seven (7) sets of uniforms consisting of shirts and trousers with the exception of Fleet employees who shall be provided 11 sets of shirts and trousers. Employees who work with high - voltage and /or due to medical condition shall be provided with fire - retardant clothing per discretion of the Crew Supervisor. The City shall provide only one (1) replacement for any damaged or lost shirt and trouser /shorts. Section B. The City will reimburse up to $150.00 for each pair of steel -tip, non - conductive boots for those full -time regular employees who work regularly with electricity and all other covered employees for general steel - tip boots. The City will not pay for any additional items such as socks, polish or extra laces. Section C. The City shall provide ten (10) orange t- shirts with a City logo for each full -time permanent employee. Section D. The City shall provide two (2) City of Arcadia hats for each full -time permanent employee. Section E. The City shall provide one (1) pair of rain bots for each full -time permanent employee. The City shall provide replacement rain gear on an as needed basis or determined by the supervisor. Section F. The City shall provide one (1) set of rain gear for each full -time permanent employee. The City shall provide replacement rain gear on an as needed basis or determined by the supervisor. Section G. The City shall provide one (1) sweatshirt for each full -time permanent employee. Section H. Upon termination of employment, the employee shall turn in all uniforms and other items issued shall have a dollar amount equal to the unreturned uniforms' and items costs that will be deducted from the employee's final pay check. 25 ARTICLE XVI LEAVE Section A. LEAVE 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 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 26 absence, it is provided that such leave of absence shall not constitute an interruption of service. 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 thirty (30) calendar days of active military training, an employee must have been employed by the City for a period of not less than one (1) 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 thirty (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. Military and Veteran's Code § §395, 395.01(a), 564 and 566 set forth provisions for state military reserve personnel employed by public employers are statutorily entitled to up to 180 days of temporary military leave for active duty activities with up to 30 days of paid military leave each fiscal year. When placed on state active duty this is ordered active duty, which entitles the employee to paid military leave. State military reserve personnel also generally have a right to extended leaves of absence and a right to re- employment after lengthy periods of ordered duty when called to active duty in certain emergency circumstances and public employees are entitled to receive their pay from their public employer for the first thirty (30) days of that period of active military and veteran's code § §143, 146, 395, 395.05, 395.06 and 566. Before leaving for an extended leave (181 days or more), the employee must notify the city of his or her intention to return to work upon the completion of the active duty service. Employees will have ninety (90) days from completion of extended active service to report back to work to resume their duties, must submit to the City a copy of the honorable discharge papers, and pass a medical exam. 27 Additional military leave provisions were adopted by Council on November 20, 2001, in Resolution 6268. For military leave covered by this Resolution, the City will maintain the difference between the employee's City salary and benefits of the employee while on active military duty. Although a military leave of absence is not considered a break in service in relation to seniority, if the employee wishes to have their extended military service time credited toward CalPERS, the employee may buy back credit for their leave of absence for active military service through CalPERS as CalPERS has determined that payments while on such service are not reportable for retirement purposes. 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. Every full -time employee represented by this agreement, with the exception of temporary appointments shall accumulate vacation with pay beginning with the first full pay period of employment at the rate of 3.07 hours per pay period during the first five years of continuous full -time employment with the City; at the rate of 4.61 hours per pay period between the employee's fifth and tenth anniversary date of continuous full -time employment; at the rate of 5.22 hours per pay period between the employee's tenth and fifteenth anniversary date of continuous full -time employment, and at the rate of 6.15 hours per pay period after fifteen years of continuous full -time employment with the City. Accumulated vacation shall be granted at the discretion of the appointing power. 2. Vacation may not be accumulated beyond the amount accumulable for a sixty -five (65) pay period basis. Once an employee has accumulated this amount, no more vacation will be accrued by the employee until the employee's accrual has been 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 for that employee, the City Manager for good cause may approve excess accumulated vacation, provided the employee reduces the total below the allowable maximum within six (6) months. 28 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 into the next three (3) months of the new calendar year, if rescheduling of the vacation leave is not possible. 4. Upon termination, vacation used shall be prorated against vacation earned. Every City employee who leaves the City employ for any reason shall be granted all accumulated vacation or shall be paid therefore at his rate of compensation applicable at the time he leaves the City employ. If an employee works 50% of the pay period, the employee shall receive credit for that pay period's vacation accrual. If an employee works less than 50% of the pay period, the employee accrues nothing. 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. 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 non -work related medical condition or due to a scheduled medical or dental appointment during regular working hours for a non -work related medical condition. Every effort shall be made to schedule appointments during non - working hours. 29 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 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. 8. Upon separation from the City of Arcadia, an employee who works 50% of the final pay period, shall receive credit for that pay period's sick leave accrual. If an employee works less than 50% of the pay period, the employee accrues nothing. Section F. WORKERS' COMPENSATION In those instances where an employee of the City of Arcadia is injured on duty and the injury is so recognized by the Workers' Compensation Act by the City of Arcadia or the Workers' Compensation Appeals Board, such employee may be paid a combination of salary and Workers' Compensation equal to his regular salary rate for such time as he is absent from duty because of such injury. Such payment shall be granted 30 only to employees with three or more full years of continuous service with the City as well as to those who have completed their initial probation with the City as of June 14, 1999. The leave shall be for up to a maximum of ten months from and after date of such injury. Lost time due to an injury on duty shall not be charged against an employee's accumulated sick leave. Section G. HOLIDAYS 1. Each employee in a classification represented by this MOU shall be allowed the following holidays with pay: New Year's Day ... .........................January 1 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 Admission Day ........ ......................September 9 Veteran's Day ......... .......................November 11 Thanksgiving Day ..........................The fourth Thursday in November Day after Thanksgiving Day......... 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. 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 Citywide holidays to celebrate Dr. Martin Luther King's birthday and Admission Day, full -time employees shall receive two (2) eight (8) hour floating holidays to be scheduled by the employee in the same manner as vacation leave. Additionally, full -time employees shall receive an eight (8) hour floating holiday for his /her birthday to be scheduled by the employee in the same manner as vacation leave. Floating holidays shall not carry over into subsequent fiscal years and failure to schedule a floating holiday in the fiscal year in which it is 31 earned shall result in its loss. If the City adopts Dr. Martin Luther King's birthday as a fixed Citywide holiday or it re- adopts Admission Day as a fixed Citywide holiday, the floating holiday(s) based thereon shall cease and eligible employee shall receive the fixed Citywide holiday(s). 3. Full -time employees in the unit employed on July 1 of the fiscal year shall conditionally accrue twenty -four (24) hours of floating holiday. If the employee uses floating holiday leave and separates from City employment before the date upon which the floating holiday is based (Dr. Martin Luther King's birthday, Admission Day and /or the Employee's birthday), said floating holiday leave shall be repaid to the City through payroll deduction. Employees hired after the beginning of the fiscal year shall accrue floating holiday only if the employee is employed before the date on which the floating holiday is based (Dr. Martin Luther King's birthday, Admission Day and /or the Employee's birthday). 4. As an example, an employee hired on July 15, whose birthday is August 5, would receive a floating holiday for his birthday, Admission Day and Dr. Martin Luther King's birthday for that fiscal year. However, if that same employee was hired on March 15, the employee would not receive any floating holiday benefit for that fiscal year. 5. 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. 6. Each employee in a classification represented by this MOU shall be allowed eight (8) hours floating holiday for his or her birthday to be scheduled by the employee in the same manner as vacation days are scheduled. Floating holidays do not carry over from calendar year to calendar year. Failure to schedule the day off within the calendar year shall result in its loss. Section H. 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. 32 Section I. 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 J. 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 /registered domestic partner, 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; provided, however, if the employee is required to travel more than three hundred (300) miles from his or her residence, the employee may take an additional two (2) days which will be charged to accrued sick leave. Section K. UNAUTHORIZED ABSENCE Unauthorized leaves of absence are cause for immediate dismissal. ARTICLE XVII 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. 33 When a provisional appointment is made to a probationary position and subsequently the appointee is appointed to the position as a probationary employee, with no time interval between the provisional and probationary appointment, the "employment date" as herein defined, shall be the date first appointed on a provisional basis. Section B. All eligible candidates appointed to a position from an open competitive examination and who are not currently employed in a permanent position shall be on probation for twelve months before attaining permanent status. Section C. Eligible candidates appointed from a promotional list shall be on probation for six months before attaining permanent status. ARTICLE XVIII ACTING PAY Section A. ACTING PAY Any employee in the unit who is required, in writing, to work three (3) working days or longer in a higher classification which is vacant due to sick leave, injury leave, vacation, termination or move up due to acting pay shall receive the following acting pay retroactive to the first day of the assignment: 1. Five (5) percent above their current rate of 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 for the higher classification, the employee shall receive compensation at the top step of the higher classification. Section B. EXCEPTION Nothing contained herein shall apply to an employee who is being trained by the City to qualify for a higher classification. 34 ARTICLE XIX 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. 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 years is below proficient. In such case, the layoff shall be based upon performance. 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 reemployment lists in the reverse order of the layoff. Re- employment lists shall remain effective for two (2) years from the effective date of separation from service. Section C. SEVERANCE PAY A full -time employee whose position is abolished or vacated by a reduction in work load or lack of funds, and has at least one (1) year of consecutive full time service with the City shall receive, upon termination, severance pay. Severance pay shall be a lump sum payment equal to 1 /5th of their previous months' salary times the number of years of consecutive service, not exceeding five (5) years of service. 35 ARTICLE XX PERSONNEL FILES Section A. PERSONNEL FILES The City shall maintain a central personnel file for each employee. Supervisors may maintain working personnel files. If a supervisor maintains a working personnel file, copies of written material which is to be used as a basis for employee discipline shall be sent to the central personnel file and given to the employee. Copies of 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. PROMOTIONAL RECUITMENTS Discipline older than three (3) years will not be considered in promotional recruitments. Section C. WRITTEN REPRIMAND REVIEW The Human Resources Administrator or designee agrees to conduct an informal meeting with members who receive a written reprimand and wish to discuss said reprimand. ARTICLE XXI 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. 36 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 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. 37 Section B. TIMELINESS The grievance must be filed by the employee within the timelines set forth herein. Failure of the employee to file the initial grievance or process the grievance from one level to another in a timely manner is a forfeiture of the grievance and the grievance will not be processed further. If the City fails to respond in a timely manner, the employee may proceed to the next level. Section C. EMPLOYEE REPRESENTATION The employee may be represented by a person of his or her choice to prepare and present the grievance. The employee may use a reasonable amount of released time to process the grievance. The release time must be approved by the Department Head. Section D. INFORMAL GRIEVANCE PROCEDURE Within fifteen (15) working days following the event, or within fifteen (15) working days after the employee should reasonably have known of the event, the employee should attempt to resolve the grievance on an informal basis by discussion with his or her immediate supervisor. Section E. FORMAL GRIEVANCE PROCEDURE 1. First Level of Review: Next Level Supervisor. If the employee is not able to resolve the grievance after discussion with his or her immediate supervisor, within ten (10) working days after the informal discussion with the immediate supervisor, the employee shall present the grievance in writing to the next level supervisor on the official City grievance form setting forth the following information: a. The specific section of the rules or MOU allegedly violated. b. The specific act or omission which gave rise to the alleged violation. 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. 38 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. 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. 39 Section F. APPEAL TO HUMAN RESOURCES COMMISSION 1. Scheduling of Hearing: Upon receipt of the request for an appeal, the City shall, within thirty (30) days, transmit the appeal to the Human Resources Commission. The Commission shall schedule a hearing. The appeal hearing shall be set not less than twenty (20) working days nor more than sixty (60) working days from the date of the filing of the appeal. All interested parties shall be notified in writing of the date, time, and place of the hearing at least ten (10) working days prior to the hearing. 2. Public Hearings: All hearings shall be open to the public. 3. Pre - Hearing Procedure: a. Subpoenas: The Human Resources Commission is authorized to issue subpoenas at the request of either party prior to the commencement of the hearing. After the commencement of the hearing, subpoenas shall be issued by the Commission only for good cause. Each party will prepare their own subpoenas and present them to the Human Resources Division of the Administrative Services Department and the other party. The Human Resources Division of the Administrative Services Department will issue the subpoenas. The Human Resources Division of the Administrative Services Department will serve subpoenas for current City employees. It will be the responsibility of the employee or the City to serve subpoenas on individuals who are not currently employed by the City. It will be the responsibility of the employee and the City to submit the written request for subpoenas at least ten (10) working days before the date of the hearing. b. Exhibits and Witness Lists: Five (5) working days prior to the date set for the hearing, each party shall serve upon the other party and submit to the Human Resources Division of the Administrative Services Department a list of all witnesses and a list and copy of all exhibits. An original and nine (9) copies of the exhibits shall be presented to the Human Resources Division of the Administrative Services Department in 3 hole notebooks which are tabbed down the side with the exhibit numbers. The employer's exhibits shall be designated by number. The employee's exhibits shall be designated by alphabetical letter. Neither party will be permitted to call during the hearing, a witness not identified pursuant to 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. 40 c. Statement of Issues: Five (5) working days prior to the date set for the hearing, each party shall submit to the Human Resources Division of the Administrative Services Department a Statement of Issues. 4. Submission to the Human Resources Commission: Five (5) working days prior to the date set for the hearing, the Human Resources Division of the Administrative Services Department shall present each member of the Human Resources Commission with a copy of the jurisdictional documents. Those documents include the grievance documents at each level and the responses to the grievance. 5. Payment of Employee Witnesses: Employees of the City who are subpoenaed to testify during working hours will be released with pay to appear at the hearing. The Commission may direct that these employees remain on call until called to testify. Employees who are subpoenaed to testify during non - working hours will be compensated for the time they actually testify, unless the City agrees to a different arrangement. 6. Conduct of the Hearing: a. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses but hearings shall be conducted in a manner most conducive to determination of the truth. b. Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. c. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence that shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. d. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. 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. 41 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. c. The respondent (City) shall be permitted to make an opening statement, or reserve an opening statement until presentation of its case. d. The grievant shall produce his /her evidence. e. The respondent may then offer its evidence. f. The grievant followed by the respondent may offer rebutting evidence. g. Closing arguments shall be permitted at the discretion of the Human Resources Commission. The party with the burden of proof shall have the right to go first and to close the hearing by making the last argument. The Commission may place a time limit on closing arguments. The Commission or the parties may request the submission of written briefs. After the request for submittal of written briefs, the Commission will determine whether to allow the parties to submit written briefs and determine the number of pages of said briefs. M 11. Procedure for the Parties: The party representing the department and the party representing the employee will address their remarks, including objections, to the Chair of the Human Resources Commission. Objections may be ruled upon summarily or argument may be permitted. The Chair reserves the right to terminate argument at any time and issue a ruling regarding an objection or any other matter, and thereafter the representatives shall continue with the presentation of their case. 12. Right to Control Proceedings: While the parties are generally free to present their case in the order that they prefer, the Chair reserves the right to control the proceedings, including, but not limited to, altering the order of witnesses, limiting redundant or irrelevant testimony, or by the direct questioning of witnesses. 13. Hearing Demeanor and Behavior: All parties and their attorneys or representatives shall not, by written submission or oral presentation, disparage the intelligence, ethics, morals, integrity or personal behavior of their adversaries or members of the Commission. 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 its 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. 43 The party desiring to contest the recommended decision of the Commission may also request a transcript for review by the City Manager within ten (10) working days of the Commission's decision. If the appealing party requests a transcript, that party shall pay the cost of the transcript. 17. Final Action by City Manager: Within ten (10) working days of the filing of exceptions, or within ten (10) days of receipt of the transcript, the City Manager shall review the decision of the Commission, any exceptions filed, and a record, if one is requested. The decision of the City Manager shall be final. The decision shall be transmitted to the employee and to the department head. ARTICLE XXII LABOR - MANAGEMENT COMMITTEE 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. ARTICLE XXIII FULL UNDERSTANDING Section A. This Memorandum of Understanding contains all the covenants, stipulations and provisions agreed upon by the parties and any other prior existing understanding or Agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded 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. However, the specific provisions of this contract may not be reopened during the term of this contract without the consent of the City and the Association. Section B. The parties hereto have caused the Memorandum of Understanding to be executed this day of , 2013. ARCADIA PUBLIC WORKS CITY OF ARCADIA EMPLOYEES ASSOCIATION Anthony Pulido APWEA President 45 Dominic Lazzaretto City Manager 2014 - 2018 NEGOTIATION TEAMS APWEA Jerry Moeller, Team Member Anthony Pulido, Team Member Jonathan Shoemaker, Team Member Kevin Tobin, Team Member 46 City of Arcadia Jeannette Flores, Senior Human Resources Analyst Jason Kruckeberg, Assistant City Manager/ Development Services Director Hue Quach, Administrative Services Director Tom Tait, Public Works Services Director EXHIBIT A CITY OF ARCADIA SALARY RANGE APRIL 1, 2014 - JUNE 30, 2015 APWEA - 3.0% COLA Range Number Title Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J 46P Maintenance Worker $ 3,239 $ 3,319 $ 3,401 $ 3,487 $ 3,574 $ 3,664 $ 3,755 $ 3,848 $ 3,946 $ 4,043 47P $ 3,319 $ 3,401 $ 3,487 $ 3,574 $ 3,664 $ 3,755 $ 3,848 $ 3,946 $ 4,043 $ 4,146 48P $ 3,401 $ 3,487 $ 3,574 $ 3,664 $ 3,755 $ 3,848 $ 3,946 $ 4,043 $ 4,146 $ 4,248 49P $ 3,487 $ 3,574 $ 3,664 $ 3,755 $ 3,848 $ 3,946 $ 4,043 $ 4,146 $ 4,248 $ 4,354 5 0P Fleet Technician 1 $ 3,574 $ 3,664 $ 3,755 $ 3,848 $ 3,946 $ 4,043 $ 4,146 $ 4,248 $ 4,354 $ 4,464 SIP $ 3,664 $ 3;755 $ 3,848 $ 3,946 $ 4,043 $ 4,146 $ 4,248 $ 4,354 $ 4,464 $ 4,573 52P Water Production Technician 1 $ 3,755 $ 3,848 $ 3,946 $ 4,043 $ 4,146 $ 4,248 $ 4,354 $ 4,464 $ 4,573 $ 4,688 53P Equipment Operator Building Maintenance Technician Storekeeper /Buyer $ 3,848 $ 3,946 $ 4,043 $ 4,146 $ 4,248 $ 4,354 $ 4,464 $ 4,573 $ 4,688 $ 4,805 54P Fleet Technician 11 $ 3,946 $ 4,043 $ 4,146 $ 4,248 $ 4,354 $ 4,464 $ 4,573 $ 4,688 $ 4,805 $ 4,924 55P $ 4,043 $ 4,146 $ 4,248 $ 4,354 $ 4,464 $ 4,573 $ 4,688 $ 4,805 $ 4,924 $ 5,049 56P Fleet Technician/Welder Traffic Signal /Street Light Technician Water Production Technician 11 $ 4,146 $ 4,248 $ 4,354 $ 4,464 $ 4,573 $ 4,688 $ 4,805 $ 4,924 $ 5,049 $ 5,174 57P $ 4,248 $ 4,354 $ 4,464 $ 4,573 $ 4,688 $ 4,805 $ 4,924 $ 5,049 $ 5,174 $ 5,303 58P $ 4,354 $ 4,464 $ 4,573 $ 4,688 $ 4,805 $ 4,924 $ 5,049 $ 5,174 $ 5,303 $ 5,435 59P Streets Maintenance Crew Supervisor Building Maintenance Crew Supervisor $ 4,464 $ 4,573 $ 4,688 $ 4,805 $ 4,924 $ 5,049 $ 5,174 $ 5,303 $ 5,435 $ 5,571 60P $ 4,573 $ 4,688 $ 4,805 $ 4,924 $ 5,049 $ 5,174 $ 5,303 $ 5,435 $ 5,571 $ 5,711 61P $ 4,688 $ 4,805 $ 4,924 $ 5,049 $ 5,174 $ 5,303 $ 5,435 $ 5,571 $ 5,711 $ 5,853 62P Utilities Crew Supervisor Water Production Crew Supervisor $ 4,805 $ 4,924 $ 5,049 $ 5,174 $ 5,303 $ 5,435 $ 5,571 $ 5,711 $ 5,853 $ 6,002 63P Fleet Maintenance Crew Supervisor $ 4,924 $ 5,049 $ 5,174 $ 5,303 $ 5,435 $ 5,571 $ 5,711 $ 5,853 $ 6,002 $ 6,150 64P $ 5,049 $ 5,174 $ 5,303 $ 5,435 $ 5,571 $ 5,711 $ 5,853 $ 6,002 $ 6,150 $ 6,304 65P $ 51174 $ 5,303 $ 5,435 $ 5,571 $ 5,711 $ 5,853 $ 6,002 $ 6,150 $ 6,304 $ 6,463 66P Water Quality Backflow Inspector $ 5,303 $ 5,435 $ 5,571 1 $ 5,711 $ 5,853 $ 6,002 $ 6,150 $ 6,304 $ 6,463 $ 6,622 EXHIBIT A CITY OF ARCADIA SALARY RANGE JULY 15 2015 -JUNE 30, 2016 AP EA - 3.0% COLA Range Number Tide Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J 46P Maintenance Worker $ 3,336 $ 3,419 $ 3,503 $ 3,592 $ 3,681 $ 3,774 $ 3,868 $ 3,963 $ 4,064 $ 4,164 47P $ 3,419 $ 3,503 $ 3,592 $ 3,681 $ 3,774 $ 3,868 $ 3,963 $ 4,064 $ 4,164 $ 4,270 48P $ 3,503 $ 3,592 $ 3,681 $ 3,774 $ 3,868 $ 3,963 $ 4,064 $ 4,164 $ 4,270 $ 4,375 49P $ 3,592 $ 3,681 $ 3,774 $ 3,868 $ 3,963 $ 4,064 $ 4,164 $ 4,270 $ 4,375 $ 4,485 SOP Fleet Technician 1 $ 3,681 $ 3,774 $ 3,868 $ 3,963 $ 4,064 $ 4,164 $ 4,270 $ 4,375 $ 4,485 $ 4,598 sip $ 3,774 $ 3,868 $ 3,963 $ 4,064 $ 4,164 $ 4,270 $ 4,375 $ 4,485 $ 4,598 $ 4,710 52P Water Production Technician 1 $ 3,868 $ 3,963 $ 4,064 $ 4,164 $ 4,270 $ 4,375 $ 4,485 $ 4,598 $ 4,710 $ 4,829 53P Equipment Operator Building Maintenance Technician Storekeeper /Buyer $ 3,963 $ 4,064 $ 4,164 $ 4,270 $ 4,375 $ 4,485 $ 4,598 $ 4,710 $ 4,829 $ 4,949 54P Fleet Technician 11 $ 4,064 $ 4,164 $ 4,270 $ 4,375 $ 4,485 $ 4,598 $ 4,710 $ 4,829 $ 4,949 $ 5,072 55P $ 4,164 $ 4,270 $ 4,375 $ 4,485 $ 4,598 $ 4,710 $ 4,829 $ 4,949 $ 5,072 $ 5,200 56P Fleet Technician/Welder Traffic Signal /Street Light Technician Water Production Technician 11 $ 4,270 $ 4,375 $ 4,485 $ 4,598 $ 4,710 $ 4,829 $ 4,949 $ 5,072 $ 5,200 $ 5,329 57P $ 4,375 $ 4,485 $ 4,598 $ 4,710 $ 4,829 $ 4,949 $ 5,072 $ 5,200 $ 5,329 $ 5,462 58P $ 4,485 $ 4,598 $ 4,710 $ 4,829 $ 4,949 $ 5,072 $ 5,200 $ 5,329 $ 51462 $ 5,598 59P Streets Maintenance Crew Supervisor Building Maintenance Crew Supervisor $ 4,598 $ 4;710 $ 4,829 $ 4,949 $ 5,072 $ 5,200 $ 5,329 $ 5,462 $ 5,598 $ 5,738 GOP $ 4,710 $ 4,829 $ 4,949 $ 5,072 $ 5,200 $ 5,329 $ 5,462 $ 5,598 $ 5,738 $ 5,882 61P $ 4,829 $ 4,949 $ 5,072 $ 5,200 $ 5,329 $ 5,462 $ 5,598 $ 5,738 $ 5,882 $ 6,029 62P Utilities Crew Supervisor Water Production Crew Supervisor $ 4,949 $ 5,072 $ 5,200 $ 5,329 $ 5,462 $ 5,598 $ 5,738 $ 5,882 $ 6,029 $ 6,182 63P Fleet Maintenance Crew Supervisor $ 5,072 $ 5,200 $ 5,329 $ 5,462 $ 5,598 $ 5,738 $ 5,882 $ 6,029 $ 6,182 $ 6,335 64P $ 5,200 $ 5,329 $ 5,462 $ 5,598 $ 5,738 $ 5,882 $ 6,029 $ 6,182 $ 6,335 $ 6,493 65P $ 5,329 $ 5,462 $ 5,598 $ 5,738 $ 5,882 $ 6,029 $ 6,182 $ 6,335 $ 6,493 $ 6,657 6 6P WaterQuality Backfiowinspector $ 5,462 $ 5,598 T $ 5,738 $ 5,882 $ 6,029 $ 6,182 $ 6,335 $ 6,493 $ 6,657 $ 6,821 EXHIBIT A CITY OF ARCADIA SALARY RANGE JULY 1, 2016 -JANE 30, 2017 AP EA - 2.0% COLA Range Number Title Step A Step B Step C Step D Step B Step F Step G Step H Step I Step J 46P Maintenance Worker $ 3:403 $ 3,487 $ 3,573 $ 3,664 $ 3,755 $ 3,849 $ 3,945 $ 4,042 $ 4,145 $ 4,247 47P $ 3,487 $ 3,573 $ 3,664 $ 3,755 $ 3,849 $ 3,945 $ 4,042 $ 4,145 $ 4,247 $ 4,355 48P $ 3,573 $ 3,664 $ 3,755 $ 3,849 $ 3,945 $ 4,042 $ 4,145 $ 4,247 $ 4,355 $ 4,463 49P $ 3,664 $ 3,755 $ 3,849 $ 3,945 $ 4,042 $ 4,145 $ 4,247 $ 4,355 $ 4,463 $ 4,575 50P Fleet Technician 1 $ 3,755 $ 3,849 $ 3,945 $ 4,042 $ 4,145 $ 4,247 $ 4,355 $ 4,463 $ 4,575 $ 4,690 51P $ 3,849 $ 3,945 $ 4,042 $ 4,145 $ 4,247 $ 4,355 $ 4,463 $ 4,575 $ 4,690 $ 4,804 52P Water Production Technician I $ 31945 $ 4,042 $ 4,145 $ 4,247 $ 4,355 $ 4,463 $ 4,575 $ 4,690 $ 4,804 $ 4,926 53P Equipment Operator Building Maintenance Technician Storekeeper/Buyer. $ 4,042 $ 4,145 $ 4,247 $ 4,355 $ 4,463 $ 4,575 $ 4,690 $ 4,804 $ 4,926 $ 5,048 54P Fleet Technician Il $ 4,145 $ 4,247 $ 4,355 $ 4,463 $ 4,575 $ 4,690 $ 4,804 $ 4,926 $ 5,048 $ 5,173 55P $ 4,247 $ 4,355 $ 4,463 $ 4,575 $ 4,690 $ 4,804 $ 4,926 $ 5,048 $ 5,173 $ 5,304 56P Fleet Technician[Welder Traffic Signal /Street Light Technician Water Production Technician it $ 4,355 $ 4,463 $ 4,575 $ 4,690 $ 4,804 $ 4,926 $ 5,048 $ 5,173 $ 5,304 $ 5,436 57P $ 4,463 $ 4,575 $ 4,690 $ 4,804 $ 4,926 $ 5,048 $ 5,173 $ 5,304 $ 5,436 $ 5,571 58P $ 4,575 $ 4,690 $ 4,804 $ 4,926 $ 5,048 $ 5,173 $ 5,304 $ 5,436 $ 5,571 $ 5,710 59P Streets Maintenance Crew Supervisor Building Maintenance Crew Supervisor $ 4,690 $ 4,804 $ 4,926 $ 5,048 $ 5,173 $ 5,304 $ 5,436 $ 5,571 $ 5,710 $ 5,853 60P $ 4,804 $ 4,926 $ 5,048 $ 5,173 $ 5,304 $ 5,436 $ 5,571 $ 5,710 $ 5,853 $ 6,000 61P $ 4,926 $ 5,048 $ 5,173 $ 5,304 $ 5,436 $ 5,571 $ 5,710 $ 5,853 $ 6,000 $ 6,150 62P Utilities Supervisor Water r P Production Crew Supervisor $ 5,048 $ 5,173 $ 5,304 $ 5,436 $ 5,571 $ 5,710 $ 5,853 $ 6,000 $ 6,150 $ 6,306 63P Fleet Maintenance Crew Supervisor $ 5,173 $ 5,304 $ 5,436 $ 5,571 $ 5,710 $ 5,853 $ 6,000 $ 6,150 $ 6,306 $ 6,462 64P $ 5,304 $ 5,436 $ 5,571 $ 5,710 $ 5,853 $ 6,000 $ 6,150 $ 6,306 $ 6,462_t $ 6,623 65P $ 5,436 $ 5,571 $ 5,710 $ 5,853 $ 6,000 $ 6,150 $ 6,306 $ 6,462 $ 6,623 1 $ 6,790 66P lWater Quality Backflow Inspector $ 5,571 $ 5,710 $ 5,853 $ 6,000 1 $ 6,150 $ 6,306 $ 6,462 $ 6,623 EXHIBIT A CITY OF ARCADIA SALARY RANGE JULY 1, 2017 e JUNE 30, 2018 APNEA - 2.5% COLA Range Number Title Step A Step B Step C Step D Step E Step F Step G Step H Step 1 Step .J 46P Maintenance Worker $ 3,488 $ 3,574 $ 3,662 $ 3,756 $ 3,849 $ 3,945 $ 4,044 $ 4,143 $ 4,249 $ 4,353 47P $ 3,574 $ 3,662 $ 3,756 $ 3,849 $ 3,945 $ 4,044 $ 4,143 $ 4,249 $ 4,353 $ 4,464 48P $ 3,662 $ 3,756 $ 3,849 $ 3,945 $ 4,044 $ 4,143 $ 4,249 $ 4,353 $ 4,464 $ 4,575 49P $ 3,756 $ 3,849 $ 3,945 $ 4,044 $ 4,143 $ 4,249 $ 4,353 $ 4,464 $ 4,575 $ 4,689 50P Fleet Technician 1 $ 3,849 $ 3,945 $ 4,044 $ 4,143 $ 4,249 $ 4,353 $ 4,464 $ 4,575 $ 4,689 $ 4,807 51P $ 3,945 $ 4,044 $ 4,143 $ 4,249 $ 4,353 $ 4,464 $ 4,575 $ 4,689 $ 4,807 $ 4,924 52P Water Production Technician 1 $ 4,044 $ 4,143 $ 4,249 $ 4,353 $ 4,464 $ 4,575 $ 4,689 $ 4,807 $ 41924 $ 5,049 53P Equipment Operator Building Maintenance Technician Storekeeper/Buyer $ 4,143 $ 4,249 $ 4,353 $ 4,464 $ 4,575 $ 4,689 $ 4,807 $ 4,924 $ 5,049 $ 5,174 54P Fleet Technician 11 $ 4,249 $ 4,353 $ 4,464 $ 4,575 $ 4,689 $ 4,807 $ 4,924 $ 5,049 $ 5,174 $ 5,302 55P $ 4,353 $ 4,464 $ 4,575 $ 4,689 $ 4,807 $ 4,924 $ 5,049 $ 5,174 $ 5,302 $ 5,437 56P Fleet Technician/Welder Traffic Signal /Street Light Technician Water Production Technician II $ 4,464 $ 4,575 $ 4,689 $ 4,807 $ 4,924 $ 5,049 $ 5,174 $ 5,302 $ 5,437 $ 5,572 57P $ 4,575 $ 4,689 $ 4,807 $ 4,924 $ 5,049 $ 5,174 $ 5,302 $ 5,437 $ 5,572 $ 5,710 58P $ 4,689 $ 4,807 $ 4,924 $ 5,049 $ 5,174 $ 5,302 $ 5,437 $ 5,572 $ 5,710 $ 5,853 59P Streets Maintenance Crew Supervisor Building Maintenance Crew Supervisor $ 4,807 $ 4,924 $ 5,049 $ 5,174 $ 5,302 $ 5,437 $ 5,572 $ 5,710 $ 5,853 $ 5,999 60P $ 47924 $ 5,049 $ 5,174 $ 5,302 $ 5,437 $ 5,572 $ 5,710 $ 5,853 $ 5,999 $ 6,150 61P $ 5,049 $ 5,174 $ 5,302 $ 5,437 $ 5,572 $ 5,710 $ 5,853 $ 5,999 $ 6,150 $ 6,304 62P Utilities Crew Supervisor Water Production Crew Supervisor $ 5,174 $ 5,302 $ 5,437 $ 5,572 $ 5,710 $ 5,853 $ 5,999 $ 6,150 $ 6,304 $ 6,464 63P Fleet Maintenance Crew Supervisor $ 5,302 $ 5,437 $ 5,572 $ 5,710 $ 5,853 $ 5,999 $ 6,150 $ 6,304 $ 6,464 $ 6,624 64P $ 5,437 $ 5,572 $ 5,710 $ 5,853 $ 5,999 $ 6,150 $ 6,304 $ 6,464 $ 6,624 $ 6,789 65P $ 5,572 $ 5,710 $ 5,853 $ 5,999 $ 6,150 $ 6,304 $ 6,464 $ 6,624 $ 6,789 $ 6,960 66P Water Qualit Backflow Inspector $ 5,710 $ 5,853 $ 5,999 $ 6,150 $ 6,304 $ 6,464 $ 6,624 $ 6,789 $ 61960 $ 7,131 ExhUt 'B' LETTER R CFr AGREEMENT BETWEEN T IHI fE--: Crl Y OF APIGAE 9A AND ARCADIA PUBLIC WORKS EMPLOYEE ASSOC[A.TION The Glty of Arcadia and the Arcadia Public Worka Employee Association �APWEA) agree to amend Articie Vlii, Section A, Stahili y Pay /Lnr� eye L Pay of the 201 1 -2014 MOU as follows. Section A. STABILITY PAY Stability Pay is applicable only to empfoyeas wino were hired prior to .duly 1, 1983. The plan pays $25 pot- year for each year ©f consecutive service up to a maximum of twenty years (20) of service, where the maximum attainable is $500, Cash S.tabiiity payments are made once a year between December 1, and December 10, onlyto empfoyeas on the payroll as of December 1, Stabiflty Payments wilf be, paid can a pro -rata basis to empioyees that retire or are laid off prior to December 1, provided they meet all eligibility requirements, 5 Arittiony FI-Aac Date APVVEA President p!l7�II Don Denman Gate City Manager