HomeMy WebLinkAboutItem 3a: Possible Action to Resolve Impass in Negotiations between City and Arcadia Police Civilian Employees Association 4pF A RC
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Administrative Services Department
DATE: December 7, 2010
TO: Mayor and City Council
FROM: Hue C. Quach, Administrative Services Director
Michael A. Casalou, Human Resources Administrator
SUBJECT: Consideration of and possible action to resolve an impasse in negotiations
between the City and the Arcadia Police Civilian Employees Association
SUMMARY
The City's labor negotiators and representatives from the Arcadia Police Civilian
Employees Association (APCEA) have reached an impasse in contract negotiations.
An impasse, as defined in the City's Employer - Employee Relations Resolution
(Resolution No. 6235), occurs when representatives of the City and the Exclusively
Recognized Employee Organization have reached a point in the meet and confer
process where differences on matters to be included in a Memorandum of
Understanding remain so substantial and prolonged that further meeting and conferring
would be futile.
As outlined in Resolution No. 6235, an Impasse Meeting was held on October 20, 2010
to identify and specify the issue or issues that remain in dispute; and to review the .
position of the parties in a final effort to resolve such disputed issue or issues; and if the
dispute is not resolved, to discuss utilization of the impasse procedures provided herein.
Though the Impasse Meeting resulted in a few areas of agreement, approximately
twenty (20) other areas remain in dispute. Additionally, as both parties are not in
agreement on dispute resolution procedures (APCEA requested mediation and the
City's representatives declined), the Resolution states "that the City Council shall take
such action regarding the impasse as it, in its discretion, deems to be in the public
interest. Any action by the City Council on the impasse shall be final and binding."
BACKGROUND
In March of this year, staff received a request from Robin Nahin (Arcadia City
Employees Association (ACEA) representative) that the police civilians filed a petition to
be removed from the ACEA unit and form a new unit to be represented by an employee
association called the Arcadia Police Civilian Employees Association (APCEA). The
reasons given for this request were that these employees work in a department that is
r••.
Mayor and City Council
December 7, 2010
Page 2 of 4
open 24 -hours per day, 7 -days per week; they work shifts and weekends and do not
enjoy normal holidays like other employees in the ACEA; they hold job titles exclusive to
the Police Department and they share similar types of working conditions; they wear
uniforms; and they all are managed by sworn safety personnel.
City staff followed the City's Employer - Employee Relations Resolution and ultimately
determined this to be an appropriate unit.
Though the APCEA was not declared an official exclusively recognized employee
organization until June 9, 2010, to expedite the process, staff offered to meet with this
unit informally beginning in May of 2010. This would have allowed staff to negotiate
with all of the units with expiring contracts concurrently. On May 12, 2010, Ms. Nahin
(via email) contacted Mr. Casalou and stated her and Wendell Phillips (an attorney hired
by Ms. Nahin for these negotiations) will meet with this new group the 1 week of June
and she expects they will be ready to meet and confer soon thereafter.
After several dates were set and then subsequently cancelled by Mr. Philips, the first
negotiation meeting was held on July 22, 2010. The parties went on to meet eight (8)
separate occasions (July 22; August 5, 19; September 14, 27, 30; October 6 & 14) and
exchanged many proposals, both at the meet and confer meetings and in between
meetings to expedite the negotiations. Given the number of disputed items as of
October 14, the City's representatives issued their Last Best and Final offer (Attachment
"A ") on October 14 and declared an impasse on October 15, 2010, adopting changes
agreed to at the October 14 meeting. An Impasse Meeting was then held on October
20, 2010, but did not result in an agreement. At present, approximately twenty (20)
separate areas of the MOU are in dispute (Attachment "B "). On November 2, 2010, Mr.
Phillips notified the City that the APCEA membership unanimously voted down the
City's Last Best and Final offer.
As a separate note, in late August staff was contacted by Ms. Nahin and advised that
she has terminated her relationship with Mr. Phillips and as such, he no longer is
representing the ACEA and APWEA (Arcadia Public Works Employees Association).
However, Ms. Nahin conveyed that APCEA President, Judy Cook, advised her the
APCEA was retaining Mr. Phillips to continue negotiations for their unit. Accordingly, in
an email from Ms. Cook on September 28, 2010, the City was advised that the Law
Firm of Phillips and Rickards was now representing the APCEA.
DISCUSSION
Given the precarious economy and the City's short and long term financial concerns,
the City Council expressed an interest in "holding the line" on salary and benefit
increases with all of the City's bargaining units for fiscal year 2010 -11. The intention
was to allow for time to prepare a financial plan to provide guidance and outlook of the
City's financial position as uncertainties of the recession may prolong and further impact
revenues in the General Fund. The City Council directed staff to initiate a long term
Mayor and City Council
December 7, 2010
Page 3 of 4
financial plan that would assist the City Council in strategic decision making over the
short and long term by combining known and fixed costs, realistic revenue forecasts
and providing alternatives for the City Council to consider. This plan is expected to be
presented to the City Council soon after the New Year. Despite the original interest in
holding the line", the City Council ultimately authorized one year agreements with the
three other bargaining units with expiring contracts (ACEA, APWEA & AFFA). These
agreements included returning employee concessions from fiscal year 2009 -10 and
approved an increase of one quarter of one percent (.0025 %) to be used in a mutually
beneficial manner, effective within 30 days of City Council adoption. All of the
remaining bargaining units agreed to use the one quarter of one percent to provide
nominal increases to the City's healthcare contribution and that is staff's
recommendation as well for this unit. These items were also provided to full -time
unrepresented employees in the City (Executive, Management and Unrepresented
Confidential Employees).
On November 2, 2010, Mr. Phillips contacted the City's representatives and requested a
lunch meeting to discuss what he conveyed to be the "bottom line" for the City and the
APCEA to reach an agreement. City representatives agreed and met Mr. Phillips on
November 8, 2010. Mr Phillips presented a summary sheet that identified seven (7)
disputed areas (Attachment "C "). Mr. Phillips stated if the City agreed to these terms
the City's proposed MOU would be ratified by his association. Mr. Phillips also
indicated he would be willing to adjust the effective dates of the economic items listed to
fit within the City's quarter percent 'Me Too" clause. However, the City's
representatives did not believe that was realistic or acceptable as the fiscal year 2010-
11 costs, as well as the annualized costs that would be realized by deferring
implementation both exceeded the quarter percent as authorized by the City Council.
As the seven items presented were contrary to the City Council's prior direction, this
proposal was rejected by the City's representatives. The summary of the seven items
were provided to the City Council on November 9, 2010.
Though City representatives completed negotiations with the three (3) other groups by
the end of August, the fact the APCEA was a "new" bargaining group presented unusual
challenges. Many areas found commonly throughout an MOU regarding wages, hours
and other terms and conditions of employment were discussed in detail which required
more time and /or meetings than were necessary in the other negotiations. Both the City
representatives and the APCEA negotiators made significant concessions to reach this
point. However, since most of the items in dispute are economic (the City believes 15
of 20 items will have economic consequences), and the other issues deemed to be non-
economic are items the City's representatives are not recommending changing because
they encroach on management rights, staff recommends the City Council impose the
City's Last Best and Final offer. Contract negotiations require significant resources and
can be time consuming and costly to the City. As such, the City representatives believe
they have met and conferred in good faith, do not believe that additional meetings or the
use of any alternative dispute resolution techniques will resolve this impasse, and
Mayor and City Council
December 7, 2010
Page 4 of 4
believe the proposal before the City Council, previously agreed to by the other three
bargaining groups, represents a fair proposal.
FISCAL IMPACT
The total cost of the City's Last Best and Final offer (which includes return of the 2009-
10 concessions and authorizes an increase of one quarter of one percent) is estimated
at $18,000.00. Sufficient funds are available in the FY 2010 -11 General Fund to
implement these changes.
RECOMMENDATION
It is recommended that the City Council:
Authorize and give direction to implement the terms and conditions of the City's
representative's Last Best and Final offer effective December 7, 2010.
APPROVED:
Donald Penman, City Manager
Attachment "A"
CITY OF ARCADIA
AND
ARCADIA POLICE CIVILIAN EMPLOYEES
ASSOCIATION
v
CITY OF
ARCADIA
WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT
AS STATED IN THE CITY'S LAST BEST AND FINAL OFFER
DATED OCTOBER 15, 2010
Wages, Hours, And Other Terms And Conditions Of Employment
As Stated In The City's Last Best And Final Offer Dated October 15, 2010 i
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.
Wages, Hours, And Other Terms And Conditions Of Employment
As Stated In The City's Last Best And Final Offer Dated October 15, 2010 2
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 Police Civilian Employees Association, a formally recognized exclusive employee
organization (hereinafter referred to as the "Association "), pursuant to the provisions of the
Meyers- Milias -Brown Act (Government Code Sections 3500 et. seq.).
Section B. APPROPRIATE UNIT
The classifications covered by this agreement are:
Community Services Officer
Dispatcher I & II
Dispatch Services Supervisor
Logistical Services Officer
Police Communications Coordinator
Police Records Technician I & II
Property, Evidence, Crime Scene Technician
Senior Police Records Technician
Section C. MUTUAL RECOMMENDATION AND IMPLEMENTATION
This Memorandum of Understanding constitutes a mutual recommendation to be presented to the
City Council, subsequent to the ratification meeting by the membership of the Association. It is
agreed that this memorandum shall not be binding upon the parties either in whole or in part
unless and until the City Council formally acts, by majority vote, to approve and adopt said
Memorandum.
Section D. AUTHORIZED AGENTS
The City's principal authorized agent shall be the City Manager, 240 W. Huntington Drive, Arcadia,
California, 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 Association's authorized representative is its elected President, 250 W. Huntington Drive,
Arcadia, California, 91007.
Section E. NOTICE
The City agrees to give the Association notice of any changes, additions, or deletions of
bargaining unit by classifications to facilitate any potential challenges the Association wishes to
file. The agenda will be emailed to the Association's authorized representative 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.
Wages, Hours, And Other Terms And Conditions Of Employment
As Stated In The City's Last Best And Final Offer Dated October 15, 2010 3
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, unless otherwise stated therein, this
Memorandum of Understanding shall be effective upon ratification of the City Council and shall
cover the term July 1, 2010 through and including June 30, 2011.
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. For purposes of this article, any
employee disciplined in accordance with this section shall be eligible to utilize the
Disciplinary Appeals Procedure as referenced in Section XX of this Agreement.
4. It is understood that in the event the City alleges that this Article has been violated, both
parties shall retain any and all rights and remedies under the law to which they would
otherwise be entitled.
5. An alleged violation of this section during the term of the Agreement shall not prejudice the
City's right to assert to the illegality of any concerted activities mentioned above if engaged
in by the Association or employees, nor the Association's right to defend itself or its
members. Upon the expiration of this Agreement, this language shall not prevent the
Association from engaging in such concerted activities mentioned above, to the extent such
Wages, Hours, And Other Terms And Conditions Of Employment
As Stated In The City's Last Best And Final Offer Dated October 15, 2010 4
activities are otherwise legal for public employees to participate in under California and /or
federal law.
ARTICLE III ASSOCIATION RIGHTS
Section A. AGENCY SHOP AGREEMENT
Legislative Authority
The City and the Association mutually understand and agree that in accordance with State of
California law, the Association has adopted and implemented an Agency Shop provision wherein,
as a condition of continued employment, all bargaining unit employees must either:
1. Elect to join the Association and pay Association dues;
2. Pay an agency fee for representation; or
3. With a religious exemption, pay a fee equal to the agency fee to be donated to selected
charities.
The agency shop provision for the Association is herby deemed implemented, in conformity with
California law.
Association Dues /Agency Fee Collection
Effective with the pay period beginning June 6, 2010, 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 Tess than the Association deduction shall not have an Association dues or agency fee
deduction for that pay period.
The Association shall notify the City of any agency fee payer who elects to only pay fair share
fees, the fee equal to direct representation costs as determined by the Association's certified
financial report. The Association shall notify the City of the amount of the fair share fee to be
deducted from the fair share fee payer's paycheck.
New Hire Notification
During any period of time in which this Agreement is effective, all new hires in classifications
represented by the Association shall be informed by the Human Resources Office of the
Administrative Services Department, at the time of hire, that an Agency Shop Agreement is in
effect for their classification. The employee shall be provided a copy of this Agreement, and a
form, mutually developed between the City and the Association that outlines the employee's
choices under the Agency Shop agreement.
Wages, Hours, And Other Terms And Conditions Of Employment
As Stated In The City's Last Best And Final Offer Dated October 15, 2010
i
The employee shall be provided thirty (30) calendar days from the date of hire to select their
choice and provide a signed copy of that choice to the Administrative Services Department. The
Association may request to meet with new hires at a time and place mutually agreed upon
between the Department Head and the Association.
Failure to Pay Dues /Fees
All unit employees who choose not to become members of the Association shall be required to
pay to the Association a representation service fee that represents such employee's proportionate
share of the cost of representation of unit employees. Such representation service fee shall in no
event exceed the regular, periodic membership dues paid by unit employees who are members of
the Association. A bargaining unit employee who refuses to authorize payroll deductions for dues,
fair share fees, or charitable contributions equal to the cost of fair share fees will be terminated
from employment by the City.
Leave Without Pay /Temporary Assignment Out of Unit
Employees on an unpaid leave of absence or temporarily assigned out of the unit as a Supervisor
shall be excused from paying dues, agency shop fees, or charitable contributions.
Religious Exemption
Any employee who is a member of a religious body whose traditional tenets or teachings include
objections to joining or financially supporting employee organizations shall not be required to pay
an agency fee, but shall pay by means of mandatory payroll deduction an amount equal to the
agency fee to a non - religious, non -labor charitable organization exempt from taxation under
Section 501(c)(3) of the Internal Revenue Code. Those fees shall be remitted by the City, at the
choice of the employee, to one of the following non - labor, non - religious charitable organizations:
United Way or American Red Cross.
To qualify for the religious exemption the employee must provide to the 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 days
unless notified by the Association that the requested exemption is not valid. The City shall not be
made a party to any dispute arising relative to the determination of religious exemptions.
Any of the above - described payment obligations shall be processed by the City in the usual and
customary manner and time frames.
Records
The Association shall keep an adequate itemized record of its financial transactions and shall
make available annually, to the City and to Agency Fee payers, within 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 their individual
payment status with each Association dues check remitted to the Association.
Wages, Hours, And Other Terms And Conditions Of Employment
As Stated In The City's Last Best And Final Offer Dated October 15, 2010 6
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
y ( )per cent of the
employees in the unit. The election shall be by secret ballot and shall be conducted in accordance
with state law by the California State Mediation and Conciliation Service.
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 Agency Shop Provision.
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 term of this Agreement, including periods of negotiations of a successor agreement, all
bargaining 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 Agreement
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. Bargaining unit members who resign
under this section shall still be obligated to pay either agency fees or religious exemption
charitable contributions if they qualify.
The City and the Association agree that neither party 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 a designated locking bulletin board for the Association's use where
bargaining unit employees have access during their normal working hours:
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.
Wages, Hours, And Other Terms And Conditions Of Employment
As Stated In The City's Last Best And Final Offer Dated October 15, 2010 7
Section D. PAYROLL DEDUCTION
From the second paycheck of each month the City will deduct from the pay of each bargaining unit
member except those claiming religious exception, and there after remit to the Association, the
total sum of all dues, fair share fees and any other designated amounts as voluntarily authorized in
writing by the employee:
1. Such deduction shall be made after submission by the Association to the designated City
representative of an agreed deduction form 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 as soon as possible but in no event later
than fourteen (14) calendar days after collection by the City. Every effort will be made to remit
dues to the Association within two (2) weeks of collection by the City.
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. ASSOCIATION DESIGNATED PROFESSIONAL STAFF & STEWARDS
Designated professional staff of the Association shall be provided reasonable access to work
locations during working hours. Prior to visiting any work location, the Association staff
representative shall contact the Human Resources Administrator, or designee, to advise of the
general purpose of the visit and which specific area(s) will be visited. Access will not be
unreasonably denied.
In the event the requested time and /or location of such visit by the designated professional staff is
denied, the Human Resources Administrator, or designee, shall set an alternative time for such
visit within forty -eight (48) hours.
The Association may schedule meetings in the City Conference rooms or the City Council
Chambers subject to the same restrictions as other organizations /individuals.
1. The Association officers and directors, not to exceed four (4) employees, shall serve as the
stewards for the organization and are authorized to represent their fellow employees.
The Association shall notify the employer annually in writing of the names of its officers and
Directors, and the four (4) officers and directors designated as Association Stewards.
2. The Association Stewards shall each be given at least one (1) work day without pay per
year to attend required training, provided, however, that the employee may use vacation,
compensatory time or floating holiday time. The Association will provide one pay period's
notice of the need for such time off.
Wages, Hours, And Other Terms And Conditions Of Employment
As Stated In The City's Last Best And Final Offer Dated October 15, 2010 8
3. Additionally, as noted above, an individual steward shall be provided reasonable release
time during their regular work shift for the purposes of providing representation to the
Association's members for situations that include, but is not limited to:
• Representation at a meeting that is reasonably expected to result in discipline.
• Representation at a grievance hearing.
• Special meeting with Human Resources Administrator, designee, or any other City
Management representative to resolve problems within the scope of bargaining.
• A fifteen (15) minute orientation period with new hires at the beginning of any new
unit employee orientation conducted by the Human Resources Division.
4. Up to five (5) members of the Association negotiating team shall be allowed reasonable
time off without loss of compensation or benefits when formally meeting and conferring with
City representatives on matters within the scope of representation. This shall include 1 /2
hour immediately before the meet and confer sessions and 1 /2 hour after the meet and
confer sessions.
Section F. REASONABLE NOTICE
The City will provide reasonable written notice prior implementation of changes to matters within
the scope of representation as defined under the MMBA.
The City shall electronically communicate a copy of each agenda for all City Council and /or
Human Resources Commission meetings to each identified officer and /or director of the
Association.
Section G. LIST OF NAMES
Within fifteen (15) working days, the Association shall email the City a revised list showing any
changes in list of Officers and Directors of the Association. The Association shall also email the
City with the names of any professional Staff Representative retained by the Association. Within
fifteen (15) working days, the City shall email the Association regarding any change of designated
representatives.
Wages, Hours, And Other Terms And Conditions Of Employment
As Stated In The City's Last Best And Final Offer Dated October 15, 2010 9
-
ARTICLE IV MANAGEMENT RIGHTS
Section A. Except as limited by the specific and express terms of this Agreement, the City
hereby retains and reserves unto itself all rights, powers, authority, duty and responsibilities
confirmed on and vested in it by the laws and the Constitution of the State of California, the
Charter of the City of Arcadia and /or the laws and Constitution of the United States of America.
The management and the direction of the work force of the City is vested exclusively in the City,
and nothing in this Agreement is intended to circumscribe or modify the existing rights of the City
to direct the work of its employees; hire, promote, demote, transfer, assign and retain employees
in positions within the City, subject to the Personnel Rules and Regulations of the City; suspend or
discharge employees for proper cause; maintain the efficiency of governmental operations; relieve
employees from duties for tack 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's existing contract with CaIPERS provides for the 2.5% @ 55 retirement formula. The
City shall pay 7% of the employee's contribution with the employees contributing 1% on a pre -tax
basis.
The City shall pay seven percent (7 %) of the employees' 8% contribution and classify it as EPMC
( "Employer Paid Member Contributions ") and report said compensation as special compensation
as defined by CaIPERS.
Special Compensation items shall be reported to CaIPERS in accordance with applicable law.
The City agrees to contract with CaIPERS to provide Association with a Military Service Credit
option. It is agreed and understood that the employee is responsible for paying for the cost of this
benefit.
Section B. CONCESSION RETURN
The City agrees to reimburse affected employees individually, as shown of Exhibit B, for the
concessions made under the Arcadia City Employees Association Memorandum of Understanding
in 2009, less applicable deductions.
Section C.
In the event that another recognized employee organization in the City enters into a new MOU with
the City for the 2010 -11 Fiscal year, and said MOU provides for a negotiated increase in
compensation over that provided for in the previous MOU applicable to said employee
organization, the APCEA unit shall receive the same percentage increase, to be allocated within
Wages, Hours, And Other Terms And Conditions Of Employment
As Stated In The City's Last Best And Final Offer Dated October 15, 2010 10
the APCEA unit by mutual agreement of the parties. For example, if another recognized employee
organization negotiates an increase in compensation equivalent to a quarter of one percent
(0.25 %), the same percentage increase would be available to the APCEA unit and allocated as
agreed to by the parties. This provision shall not apply to increases received by the Arcadia Police
Officers Association pursuant to its 2007 -2011 MOU with the City, nor shall it apply to amounts
paid to various bargaining units as reimbursement of concessions made by the various employee
organizations in the 2009 -10 Fiscal year, nor shall increases negotiated by multiple employee
organizations be cumulative or pyramided for purposes of this provision.
Section D. PROMOTION OR ADVANCEMENT IN RATE OF COMPENSATION
1. When an employee is promoted, the pay shall advance to the lowest step in such higher
range that will provide not less than an approximate 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 E. PERCENTAGES BETWEEN STEPS
The parties acknowledge that the percentages between steps within a range are approximately
two and one half percent (2.5 %).
Section F. 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 an advancement.
During the term of this agreement individuals will advance in their rates of compensation two steps
(approximately five percent (5 %) on their anniversary date upon receiving a satisfactory
performance evaluation.
Wages, Hours, And Other Terms And Conditions Of Employment
As Stated In The City's Last Best And Final Offer Dated October 15, 2010 11
ARTICLE VI HOURS
Section A. OVERTIME
With the approval of the City Manager, and when necessary to perform essential work, a
department administrator may require an employee(s) to work at any time other than during
regular working hours until such work is completed. Represented employees required to be in a
work status beyond forty (40) hours in a designated work week, or to work in excess of the
regularly scheduled shift, shall be paid at the rate of one and one -half times the employee's
regular hourly rate. For purposes of overtime calculation, paid sick leave when accompanied by a
doctor's slip verifying illness and all other paid leave time shall be regarded as hours worked. No
overtime credit shall be allowed for any period less than one - quarter hour. Overtime shall be
rounded to the nearest one - quarter hour.
When a represented employee is directed by his /her department administrator or the City Manager
to attend classes or City functions at times other than regularly scheduled work hours which cause
the employee to be in a work status in excess of 40 hours in a designated work week, the
employee shall be paid at the rate of time and one -half the employee's regular rate of pay. This
does not apply to classes or other functions which the employee voluntarily attends.
The Department Administrator or City Manager may permit an employee to accumulate
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 off and has 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
for the shift vacancy created by the Compensatory Time Off request, however, it is the
responsibility of the employee to find coverage, as the City will not force hire an employee to cover
the compensatory time off request.
The City shall make reasonable efforts not to revoke requests for compensatory time off that have
been approved 2 weeks prior to the date of leave.
Section B. REST PERIODS
For each eight (8), nine (9), ten (10) and twelve (12) hour shift worked, each represented
employee, except Dispatcher I, Dispatcher II and Dispatcher Supervisor, reasonable effort will be
made to provide 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 unless
their duties so require. Rest periods are not cumulative and may not be taken concurrently with
lunch periods.
Wages, Hours, And Other Terms And Conditions Of Employment
As Stated In The City's Last Best And Final Offer Dated October 15, 2010 12
Each represented employee, except Dispatcher I, Dispatcher II, and Dispatch Supervisor shall be
provided an uninterrupted thirty (30) minute uncompensated meal period scheduled approximately
half way through their respective shift. If the opportunity for an uninterrupted meal period is not
provided during any shift, the involved employee will receive forty -five (45) minutes of
compensatory time off added to their comp time bank or 30 minutes at time and one -half pay.
Section C. WORK SCHEDULES
1. The City may establish and change work schedules, work times and work hours, and assign
employees thereto, in its sole discretion; provided, however, if the City decides to eliminate
a current alternate work schedule (5/40, 9/80, 4/10, 3/12 or 3/13.20),
the City agrees it will
meet and confer with the Association prior to eliminating the alternate work schedule. If,
after meeting and conferring with the Association, the City decides to proceed with its
decision to eliminate an alternate work schedule, affected employees shall receive a
minimum of two (2) weeks notice of the change.
2. Except for emergencies and temporary changes in work schedules, work times and work
hours, which shall be defined for six months or less, affected employees shall be given a
minimum of two (2) weeks notice of change in work hours, work times and work schedules.
In the case of an emergency or temporary change in work schedules, work times or work
hours, reasonable notice shall be given to affected employees.
3. Employees assigned to rotating schedules shall be allowed to conduct mutually agreed
upon shift trades for each rotation, subject to management's right to deny or limit such
trades due to operational reasons which include, but are not limited to, an employee's
probationary status, an employee's performance issues, or employee training.
ARTICLE VII STABILITY PAY /LONGEVITY PAY
Section A. STABILITY PAY
This feature of the Pay Plan is intended to encourage stability of employment by recognizing years of
service with compensation. The plan pays $25 per year for each year of consecutive service up to a
maximum of twenty (20) years of service. An employee is not eligible to receive stability pay until
they have completed five (5) years of consecutive service. The following is the schedule of how
stability pay is calculated.
Completed Years Completed Years
of Service Amount of Service Amount
11 $275 16 $400
12 $300 17 $425
13 $325 18 $450
14 $350 19 $475
15 $375 20 $500
Wages, Hours, And Other Terms And Conditions Of Employment
As Stated In The City's Last Best And Final Offer Dated October 15, 2010 13
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Cash stability payments are made once a year between December 1 and December 10 only to
employees on the payroll as of December 1. Stability payments will be paid on a pro -rata basis to
employees that retire or are laid off prior to December 1, provided they meet all eligibility
requirements. Stability pay will only be applicable to employees who were hired prior to January 1,
1984.
Section B. LONGEVITY PAY
A Longevity pay benefit will be paid to each represented employee based on the below schedule:
Completed Years of Continuous Service Amount Per Pay Period
5 — 9 Years $38.462
10 — 14 Years $57.693
15 Years and beyond $76.924
The Longevity Pay benefit is effective the pay period an employee reaches five (5), ten (10), or
fifteen (15) years of continuous employment with the City. The foregoing amounts shall be subject
to applicable payroll deductions.
ARTICLE VIII TUITION LOAN /REIMBURSEMENT
Section A. 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.
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.
Wages, Hours, And Other Terms And Conditions Of Employment
As Stated In The City's Last Best And Final Offer Dated October 15, 2010 14
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.
If an employee terminated for disciplinary cause refunds tuition reimbursement under this
provision and the employee is reinstated with back pay at the conclusion of the disciplinary
appeals process, set forth in the City's Personnel Rules, back pay shall include the refunded
tuition reimbursement.
ARTICLE IX MILEAGE REIMBURSEMENT
Section A. Mileage is reimbursed at a rate established by the City for travel in an employee's
personal vehicle in connection with City business. Prior approval must be obtained from the
immediate supervisor or department head. If travel is required frequently during a month,
reimbursement will be made once a month. Completed mileage forms shall be submitted to the
department head consistent with the administrative policy.
Any employee authorized to use a personal vehicle must maintain an insurance policy meeting the
standards established by the City Manager.
Wages, Hours, And Other Terms And Conditions Of Employment
As Stated In The City's Last Best And Final Offer Dated October 15, 2010 15
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ARTICLE X HEALTH, DENTAL AND LIFE INSURANCE
Section A. CONTRIBUTION
The City will continue to provide Health, Dental and Life Insurance benefits to each full -time
employee in a classification represented by this agreement. The City shall pay up to a maximum
of $845.00 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. The
employee has the option of having any amount in excess of the premium contributed to the
employee's account in the City's deferred compensation plan instead of receiving cash.
The City shall pay up to a maximum of $422.50 per month per permanent part-time employee for
coverage. For permanent part-time employees, if the City's contribution exceeds the cost of
employee only coverage, the difference may be contributed toward the cost of dependent
coverage only.
If the premium cost of the health plan exceeds the City contribution, the employee shall pay
through payroll deduction the difference between the monthly premium and the amount
contributed by the City.
The employee's exercise of the option to use the difference toward dependent health coverage or
the deferred compensation plan is subject to the conditions controlling enrollment periods and
eligibility established by the respective plans or carriers.
Section B. ELECTION OPTIONS
Effective July 1, 2007 the City shall provide regular full -time employees in a classification
represented by this Agreement with the option to elect the following contributions in lieu of the
contributions provided in Section A of this Article:
1. CaIPERS Health Program
The City will contribute $16 per month per employee for health insurance.
2. Dental Insurance — mandatory enrollment
The City will contribute $13.20 per month for employee only enrollment in one of the two
dental plans. Additional coverage may be purchased through the Optional Benefits
allocation.
3. Optional Benefits
The City shall contribute $815.80 per month per eligible employee toward an optional
benefits plan. The employee may receive this amount in cash or may elect to use coverage
for him /herself or his /her dependents for City- approved benefits options, including but not
limited to, dental insurance, supplemental life insurance, optional long term disability
insurance or deferred compensation plan. Any monies received in cash will be considered
as taxable income.
Wages, Hours, And Other Terms And Conditions Of Employment
As Stated In The City's Last Best And Final Offer Dated October 15, 2010 16
The employee need not enroll in a medical plan to be eligible for optional benefits
allowance provided that the employee annually during open enrollment, sign a waiver and
refusal of coverage.
Dependent enrollment will require proof of eligibility for dependent status such as marriage,
birth and adoption certificate in accordance with CaIPERS guidelines.
4. Life Insurance
The City shall provide a $25,000.00 life insurance benefit for eligible employees.
5. The City shall provide each employee with a vision plan at no cost to the employee. This
vision plan will be Vision Service Plan, option B. The City will pay the premium up to the
cost of the family plan.
Section C. PERMANENT PART -TIME EMPLOYEES
The City shall provide permanent part-time employees in a classification represented by this
Agreement with the option to elect the following contributions in lieu of the contributions provided
in Section A of this Article.
1. CaIPERS Health Program
The City will contribute $16 per month per employee for health insurance.
2. Dental Insurance — mandatory enrollment
The City will contribute $13.20 per month for employee only enrollment in one of the two
dental plans. Additional coverage may be purchased through the Optional Benefits
allocation.
3. Optional Benefits
The City shall contribute $393.30 per month per eligible employee toward an optional
benefits plan. The employee may receive this amount in cash or may elect to use coverage
for him /herself or his /her dependents for City- approved benefits options, including, but not
limited to, dental insurance, supplemental life insurance, optional long term disability
insurance or deferred compensation plan. Any monies received in cash will be considered
as taxable income but not considered base salary for purposes of overtime calculation.
An employee need not enroll in a medical plan to be eligible for optional benefits allowance
provided that the employee annually during open enrollment, sign a waiver and refusal of
coverage.
Dependent enrollment will require proof of eligibility for dependent status such as marriage,
birth and adoption certificate.
4. Life Insurance
The City shall continue to provide a $25,000 life insurance benefit for permanent part-time
eligible employees.
Wages, Hours, And Other Terms And Conditions Of Employment
As Stated In The City's Last Best And Final Offer Dated October 15, 2010 17
5. The City shall provide each permanent part -time employee with a vision plan. This vision
plan will be Vision Service Plan, option B. The City will pay the premium up to the cost of
the family plan.
Section D. RETIREE HEALTH INSURANCE
For employees retiring from the City on or after July 1, 2007, the City agrees to pay the employee
and spouse health insurance monthly premium at an amount not to exceed the PERS Choice
premium for eligible City retirees from the classifications represented by this agreement. An
eligible retiree is an employee who retires from City service on a service, disability, or industrial
disability retirement and has one thousand (1000) hours of accumulated sick leave at the date of
retirement. Payment shall cease for the retiree upon eligibility for Medicare coverage, and
payment shall cease for the spouse upon eligibility for Medicare coverage or after 15 years,
whichever occurs first. If the retired employee and /or spouse have other group medical coverage
available, then this other group insurance shall be primary and the City's health insurance plan
shall function as a secondary co- insurance.
In order to be eligible for retiree health coverage, the employee, and if applicable, the employee's
spouse, must be enrolled in a City- sponsored health plan as of the retiree's last day of work and
maintain eligibility to continue in the CaIPERS Health Program as stipulated by the Health
Program.
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, with the following restrictions; provided, however, upon
verification of information from a qualified medical provider that an employee has substantially
depleted the employee's sick leave accrual due to a an absence or absences caused by a
catastrophic, life threatening illness or injury suffered by the employee or a family dependent living
in the employee's household, this purchase limitation of 350 hours will be excused.
1. The employee must have reached the age of 55; and
2. The employee must be employed by the City of Arcadia and must have worked full -time for
the City of Arcadia for a minimum of 15 years. An employee may convert the dollar value of
accumulated vacation hours to reach the dollar value of up to 350 hours to meet the
thousand (1,000) hours accumulated sick leave requirement; provided, however, upon
verification of information from a qualified medical provider that an employee has
substantially depleted the employee's sick leave accrual due to a an absence or absences
caused by a catastrophic, life threatening illness or injury suffered by the employee or a
family dependent living in the employee's household, this conversion limitation of 350 hours
will be excused.
Wages, Hours, And Other Terms And Conditions Of Employment
As Stated In The City's Last Best And Final Offer Dated October 15, 2010 18
3. Effective February 1, 1999 retirees will be subject to the terms of the CaIPERS Health
Program. In this program the City will pay to CaIPERS $1.00 per month for the retiree's
health insurance. This amount increases annually by 5% until it is equal to the City
contribution for active employees of $16.00 per month. The difference between this
contribution and the employee only cost of the insurance selected by the retiree will be
refunded to the retiree by the City on a monthly basis based on a report by CaIPERS of the
retiree's continued enrollment.
ARTICLE XI DISABILITY INCOME INSURANCE
Section A. The City shall provide disability income insurance up to a maximum total monthly
payment of $12.81 per eligible employee, as currently defined by the insurer to be an employee
who works at least thirty (30) hours per week, during the life of the Agreement.
ARTICLE XII 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.
ARTICLE XIII UNIFORMS
Section A. 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 any two of
the following items: a sweater, a medium - weight uniform jacket, and appropriate logoed
sweatshirt (cannot be worn in public areas as defined by the Chief of Police).
• Community Services Officer
• Dispatcher I /II
• Dispatcher Services Supervisor
• Logistical Services Officer
• Police Communications Coordinator
• Police Records Technician I /11
• Property, Evidence, Crime Scene Technician
• Senior Police Records Technician
Uniforms shall be replaced on an as needed basis, pursuant to Department procedures.
Wages, Hours, And Other Terms And Conditions Of Employment
As Stated In The City's Last Best And Final Offer Dated October 15, 2010 19
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In addition to the above uniforms, the City shall provide polo shirts for the following employees:
• Police Records Technician I /II (2)
• Dispatcher I /II (2)
• Dispatch Services Supervisor (2)
• All other employees represented by this MOU shall receive one (1) Polo shirt
yearly.
Section B. Upon termination of employment the employee shall turn in all uniforms issued or
shall have a dollar amount equal to the lost uniform cost deducted from the employee's final
check.
Section C. The City shall provide a safety shoe allowance up to a maximum of $125 per fiscal
year for Community Services Officers.
The City shall designate safety shoe standards. 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.
ARTICLE XIV 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.
Wages, Hours, And Other Terms And Conditions Of Employment
As Stated In The City's Last Best And Final Offer Dated October 15, 2010 2 0
5. An employee granted a leave of absence may be required by the appointing power or the
City Manager to successfully pass a medical examination prior to being allowed to return to
work.
6. The granting of a leave of absence of thirty (30) days or less, with or without pay, shall not
constitute an interruption of service within the meaning of this subsection. The granting of a
leave of absence with or without pay of more than thirty (30) days shall constitute an
interruption of service unless, in the action granting such leave of absence, it is provided
that such leave of absence shall not constitute an interruption of service.
7. The City shall continue to provide health, dental, life, and disability insurance for an
employee granted a leave of absence for up to thirty (30) calendar days. It shall be the
responsibility of the employee who wishes to continue any insurance coverage beyond the
thirty (30) calendar days, to notify the Human Resources Office of his /her intent to continue
coverage and to remit the full monthly premium for any coverage to the Administrative
Services Department.
Section B. FAMILY CARE AND MEDICAL LEAVES
Upon the written request of an employee, the City shall grant any and all Family Care and Medical
Leaves as required by law.
Section C. TEMPORARY 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.
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.
Wages, Hours, And Other Terms And Conditions Of Employment
As Stated In The City's Last Best And Final Offer Dated October 15, 2010 21
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 section
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 CaIPERS, the
employee may buy back credit for their leave of absence for active military service through
CaIPERS as CaIPERS 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. 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.
Wages, Hours, And Other Terms And Conditions Of Employment
As Stated In The City's Last Best And Final Offer Dated October 15, 2010 22
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 more than fifty percent (50 %) of the pay
period, the employee shall receive credit for fifty percent (50 %) of that pay period's
vacation.
5. Full -time employees covered 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 (5) years of
continuous full -time employment with the City; at the rate of 4.61 hours per pay period
between the employee's fifth (5 and tenth (10 anniversary date of continuous full -time
employment; at the rate of 5.23 hours per pay period between the employee's tenth (10
and fifteenth (15 anniversary date of continuous full -time employment, and at the rate of
6.15 hours per pay period after fifteen (15) years of continuous full -time employment with
the City.
Every full -time employee covered 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 covered by this agreement, with the exception of temporary
appointments shall accumulate vacation with pay beginning with the first full pay period of
employment at the rate of 1.54 hours per pay period during the first five years of continuous
employment with the City; at the rate of 2.31 hours per pay period between the employee's
fifth and tenth anniversary date of continuous employment; at the rate of 2.62 hours per pay
period between the employee's tenth and fifteenth anniversary date of continuous
employment, and at the rate of 3.07 hours per pay period after fifteen years of continuous
employment with the City.
6. Vacation scheduling for the dispatch, records, and community services officer work
sections, excluding supervisory and management employees, shall be determined by
seniority within each work section, provided that the employee's vacation request is made
within one month prior to the applicable master vacation schedule. Requests made during
the applicable period of the master vacation schedule will be considered on a first come,
first served basis.
7. Employees may elect to sell back vacation during a calendar year equal to the amount of
vacation taken during the year, by the date of the request, not to exceed a maximum of
eighty (80) hours in the calendar year.
Wages, Hours, And Other Terms And Conditions Of Employment
As Stated In The City's Last Best And Final Offer Dated October 15, 2010 23
Section E. SICK LEAVE
1. Every full -time employee covered 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.
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 /her department in
accordance with departmental rules and state whether the absence is due to the
employee's illness or that of a family member. 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.
Wages, Hours, And Other Terms And Conditions Of Employment
As Stated In The City's Last Best And Final Offer Dated October 15, 2010 24
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 pp g power and the City
Manager. Immediate family is defined as the spouse, p 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.
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.
3. In lieu of Citywide holidays to celebrate Dr. Martin Luther King'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's birthday as a fixed Citywide holiday or it re- adopts Admissions Day as a fixed
Citywide holiday, the floating holiday(s) based thereon shall cease and eligible employee
shall receive the fixed Citywide holiday(s).
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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, Admissions 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, Admissions 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, Admissions Day and MLK'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 attend a class or function on any holiday allowed to him by
this Section shall be paid for the holiday, and in addition, he shall be compensated in
accordance with the applicable overtime rules. A holiday allowed by this Section occurring
during any leave of absence with pay shall be added to the number of working days' leave
of absence to which such employee is entitled.
5. 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.
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.
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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 prior to the end of the normal work schedule, an employee shall contact their supervisor for
direction.
The City, at its discretion, will administratively reassign employees assigned to jury duty to an 8
hour per day schedule or an 8 hour per day forty hour per week schedule for the duration of jury
duty.
Section I. COURT WITNESS LEAVE
An employee who is subpoenaed or required to appear in court for a non -work related matter as a
witness shall be deemed to be on leave of absence and shall be permitted to use accumulated
time off. 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, provided however that the employee can use accumulated time off.
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.
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ARTICLE XV PROBATIONARY PERIOD
Section A. The probationary period is part of the examination process. It is a work -test period
during which the employee's performance and conduct on the job are evaluated to determine
whether or not the employee is fully qualified for permanent appointment.
During the probationary period, a probationer may be released, or demoted if permanent status is
held in a lower classification, without the right of appeal, if the appointing power deems the
probationer unfit or unsatisfactory for service.
When a provisional appointment is made to a probationary position and subsequently the
appointee is appointed to the position as a probationary employee, with no time interval between
the provisional and probationary appointment, the "employment date" as herein defined, shall be
the date first appointed on a provisional basis.
Section B. All eligible candidates appointed to a position from an open competitive examination
and who are not currently employed in a permanent position shall be on probation for twelve (12)
months before attaining permanent status.
For the classifications of Dispatcher I, Dispatcher II, Community Service Officer, and Police
Records Technician I /II and Senior Police Records Technician the probationary period for all
eligible candidates appointed from an open competitive examination and who are not currently
employed in a permanent position, shall be eighteen (18) months. Eligible candidates appointed
from a promotional list to these classifications, (except Dispatcher I promoting to a Dispatcher II)
shall be on probation twelve (12) months before attaining permanent status. A Dispatcher I who
has successfully completed probation and is appointed from a promotional list to Dispatcher II
shall be on probation for six (6) months before attaining permanent status.
Section C. Eligible candidates appointed from a promotional list shall be on probation for six
months before attaining permanent status.
Section D. Probationary period may be extended for a one six (6) month period with the
approval of the Human Resources Manager.
Section E. A probationary employee who is holding a promotional position shall have the right to
demotion to the classification in which he /she holds a permanent appointment, unless he /she was
discharged for cause from City employment.
ARTICLE XVI SPECIAL PAY
Section A. ACTING PAY
Any employee in the unit who is required, in writing, to work five (5) consecutive working days or
longer in a higher classification which is vacant due to sick leave, injury leave, vacation,
termination or move up due to acting pay shall receive the following acting pay retroactive to the
first day of the assignment:
1. Five (5) percent above their current rate of pay or A step of the higher classification,
whichever is higher; or
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2. Should such percentage exceed the top step of the range for the higher classification, the
employee shall receive compensation at the top step of the higher classification.
Nothing contained herein shall apply to an employee who is being trained by the City to qualify for
a higher classification.
Section B. CALL -BACK PAY
If a unit member is required while off duty to report back to work on a call -out, he /she shall receive
a minimum of two (2) hours pay at straight time or the hours actually worked at the appropriate
rate of compensation, whichever is greater. Call back pay shall commence upon the arrival of the
employee at the work site.
Section C. BILINGUAL PAY
A maximum of six (6) employees may be certified as bilingual by the City. Once certified, the
employee shall receive a bilingual pay stipend of $75 per month.
Any employee who is not certified as bilingual by the City shall not be required to use a language
other than English. However, when a member of the public, who does not speak English asks an
employee for assistance in a language other than English that the employee understands, the
employee shall make a reasonable effort to communicate with the member of the public in a polite
and professional manner.
Section D. DISPATCH /RECORDS /CSO TRAINING PAY
During the term of this agreement, a Dispatcher, Records Technician or CSO assigned by the
Chief or his designee to perform the extra duty and responsibility of training new employees shall
receive $50.00 per pay period, in addition to their base salary, only while in the capacity of training
new employees.
ARTICLE XVII LAYOFFS
Section A. LAYOFF PROCEDURE
The City Manager or appointing power may layoff an employee because of change in duties or
organization, deletion of service, adverse working conditions, shortage of work or funds or return
of employees from authorized leave of absence.
The order of layoff shall be based on performance (outlined in Section C below), and in the
reverse of total cumulative time served in the same classification upon the date established for the
layoff to become effective. The order of employee layoff in a department shall be as follows:
temporary, provisional, probationary, permanent. The employee in the class with the least
seniority in the department will be laid off and may exercise bumping rights, if any, to the least
senior incumbent in the class in the City. However, if a vacancy exists in the class, there will be no
bumping and the employee who is to be laid off will be reassigned to the vacant position.
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Classified employees may only bump or voluntarily demote to a classified position and unclassified
employees may only bump or demote to an unclassified position.
Permanent full -time employees who receive notice of layoff may, in lieu of layoff, voluntarily
demote to the next lower classification that the employee previously held within the unit, provided
such employee's seniority in the department is greater than the most junior employee holding the
lower position. Permanent part -time employees may in lieu of layoff voluntarily demote to the next
lower part -time classification that the employee previously held within the unit, provided such
employee's seniority in the department is greater than the most junior employee holding the lower
position.
Employees in classifications which are found in more than one Department may in lieu of layoff
voluntarily transfer to another City department in the same classification, or lower classification,
provided there is a funded vacant position or provided the employee's seniority is greater than the
most junior employee holding the position.
An employee who transfers across departmental lines shall serve a six month probationary period.
If the employee fails the probationary period the employee shall then be placed on the re-
employment list, and the employee who was laid off shall be reinstated.
Section B. RE- EMPLOYMENT LIST
The names of employees shall be placed upon re- employment lists in the reverse order of the
layoff. Re- employment lists shall remain effective for eighteen (18) months from the effective date
of separation from service. Failure of the employee on the re- employment list to provide the City
their current address shall result in the employee's name being removed from the eligibility list.
Section C. DEFINITIONS
Employee - Permanent full -time and permanent part -time worker of the City of Arcadia who
has been employed by the City for twelve consecutive months.
Layoff - Permanent separation from employment with the City as a result of a work
reduction.
Performance - The rating received by the employee from the City of Arcadia's evaluation
process. For the purposes of layoffs, seniority will only be disregarded if an employee's
overall performance evaluation rating in any one of the last three years is below proficient.
In such case, the layoff shall be based upon performance.
Work Reduction - A decrease in the level of service or amount of product output by the City.
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ARTICLE XVIII PERSONNEL FILES
Section A. The City shall maintain a central personnel file for each employee in the Human
Resources Office. Supervisors may maintain working personnel files.
If a supervisor maintains a working personnel file, copies of written material which is to be used as
a basis for employee discipline shall be sent to the central personnel file and given to the
employee.
Copies of performance evaluations and /or disciplinary actions shall not be entered in the file, until
the employee is given a copy and an opportunity to review and comment thereon. The employee
shall be given an opportunity during working hours to initial, date, and file a written response to the
material. The written response shall be attached to the material.
Copies of letters of commendation and /or certificate of commendation from the City Council or City
Manager shall be placed in the employee's personnel file.
An employee or their designated representative (in writing) shall have the right to examine and /or
obtain copies at the employee's expense, of any material from the employee's personnel file with
the exception of material that includes ratings, reports and records which were obtained prior to
the employment of the involved employee.
Section B. Discipline older than three (3) years will not be considered in promotional
recruitments.
ARTICLE XIX EMPLOYEE GRIEVANCES
Section A. DEFINITIONS
1. Grievance
A grievance is an allegation by an employee(s) of a misinterpretation or misapplication of
any express provision of the applicable Memorandum of Understanding or City and /or
Department Personnel Rules and Regulations where there is no other specific method of
review provided by City law.
2. Grievant
An employee or group of employees in the classified service adversely affected by an act or
omission by the City allegedly in violation of an express provision of the Memorandum of
Understanding or City and /or Department Personnel Rules and Regulations.
3. Department Head
The Department Head or designee.
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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.
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.
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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.
Wages, Hours, And Other Terms And Conditions Of Employment
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rr.n.
3. Human Resources Manager
If the employee is not in agreement with the decision reached by the department head,
within ten (10) working days . after receiving the department head's decision or twenty (20)
days from the date the department administrator received the grievance but failed to issue a
decision, the employee shall present the grievance in writing to the Human Resources
Manager on the official City grievance form.
The Human Resources Manager may require the employee and the immediate supervisor
to attend a grievance meeting. The Human Resources Manager shall communicate a
decision in writing within ten (10) working days of receiving the grievance or the holding of a
grievance meeting whichever is longer.
4. Human Resources Commission
If the employee is not in agreement with the decision of the Human Resources Manager or
if the Human Resources Manager has failed to respond, the employee shall present the
grievance to the Human Resources Commission within ten (10) working days from the date
of receipt of the Human Resources Manager's decision or twenty (20) days from the date
the Human Resources Manager received the grievance but failed to issue a decision.
Section F. APPEAL TO HUMAN RESOURCES COMMISSION
1. Scheduling of Hearing
Upon receipt of the request for an appeal, the City shall, within thirty (30) days, transmit the
appeal to the Human Resources Commission. The Commission shall schedule a hearing.
The appeal hearing shall be set not less than twenty (20) working days nor more than sixty
(60) working days from the date of the filing of the appeal. All interested parties shall be
notified in writing of the date, time, and place of the hearing at least ten (10) working days
prior to the hearing.
2. Public Hearings
All hearings shall be open to the public.
3. Pre - Hearing Procedure
a. Subpoenas
The Human Resources Commission is authorized to issue subpoenas at the request
of either party prior to the commencement of the hearing. After the commencement
of the hearing, subpoenas shall be issued by the Commission only for good cause.
Each party will prepare their own subpoenas and present them to the Human
Resources Division of the Administrative Services Department and the other party.
The Human Resources Division of the Administrative Services Department will issue
the subpoenas. The Human Resources Division of the Administrative Services
Department will serve subpoenas for current City employees. It will be the
Wages, Hours, And Other Terms And Conditions Of Employment
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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.
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 at the appropriate
overtime rate for a minimum of two (2) hours or the actual time involved whichever is
greater, unless the City agrees to a different arrangement.
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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.
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.
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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.
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.
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12. Right to Control Proceedings
While the parties are generally free to present their case in the order that they prefer, the
Chair reserves the right to control the proceedings, including, but not limited to, altering the
order of witnesses, limiting redundant or irrelevant testimony, or by the direct questioning of
witnesses.
13. Hearing Demeanor and Behavior
All parties and their attorneys or representatives shall not, by written submission or oral
presentation, disparage the intelligence, ethics, morals, integrity or personal behavior of
their adversaries or members of the Commission.
14. Deliberation Upon the Case
The Commission will consider all oral and documentary evidence, the credibility of
witnesses, and other appropriate factors in reaching their decision. The Commission may
deliberate at the close of the hearing in closed session or at a later fixed date and time not
to exceed ten (10) working days.
15. Recommended Decision
The Human Resources Commission shall render it's recommendations as soon after the
conclusion of the hearing as possible, and no event, later than ten (10) working days after
concluding the hearing, unless otherwise stipulated to by the parties. The recommended
decision shall include an explanation of the basis for the decision.
The Human Resources Commission shall not be polled as to their decision by the grievant
or the 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 Manager within ten (10) days of
receipt of the Commission's recommended decision.
The party desiring to contest the recommended decision of the Commission may also
request a transcript for review by the City Manager within ten (10) working days of the
Commission's decision. If the appealing party requests a transcript, that party shall pay the
cost of the transcript.
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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 XX DISCIPLINARY ACTIONS
Section A. DISCIPLINARY ACTION: SUSPENSION, SALARY REDUCTION, DEMOTION,
AND DISMISSAL
The appointing powers are vested with the right to discipline or to dismiss permanent employees
as provided by this section.
A permanent employee holding a position in the classified service shall be subject to suspension
without pay, salary reduction, demotion or dismissed for cause. A permanent employee in the
classified service shall have the right to appeal the suspension without pay, demotion, or dismissal
to the Human Resources Commission. If the appeal is timely filed, a hearing will be scheduled by
the Human Resources Commission in accordance with the City's Personnel Rules.
Probationary employees are subject to demotion or dismissal without cause or right to a hearing
except as otherwise required by law.
Section B. 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 C. UNAUTHORIZED ABSENCE
Unauthorized leaves of absence may be considered cause for up to and including dismissal,
subject to the City's disciplinary appeals process.
ARTICLE XXI FULL UNDERSTANDING
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.
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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.
2010 Negotiation Teams
APCEA Negotiating Team City of Arcadia Representatives
Judith L. Cook, President Michael A. Casalou, Human Resources
Administrator
Pamela McGinnis, Vice - President Heather McDowell, Senior Human Resources
Analyst
Cris Hoefflin, Treasurer Hue Quach, Administrative Services Director
Kristin Gavrity, Secretary Robert Sanderson, Chief of Police
Audree Luevano, Team Member William W. Floyd Jr, Attorney
Wendall Phillips, Attorney
Wages, Hours, And Other Terms And Conditions Of Employment
As Stated In The City's Last Best And Final Offer Dated October 15, 2010 4 0
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Attachment "C"
16 Comp Hours: For each Team Member
Force Hire Protocol: Current Dispatch Force Hire Policy and Practice written
to include Records. Language added to MOU.
Holidays: Shift for shift. Number of hours per Holiday determined
by regular assignment at time of occurrence. Employees
who work Holiday get Holiday hours at straight time
plus OT Rate for all hours worked.
If a City recognized holiday falls on an employees'
RDO, employee will receive eight (8) hours paid at
straight time; or will have eight (8) hours added to
holiday bank.
Current Shifts: As they currently exist (except bonafide emergencies).
May be modified through MOU bargaining or
implemented after MOU bargaining impasse by
Council if included in impasse. Implemented change(s)
requires 3 pay periods notice.
Zipper Clause: Same as POA
Class /Comp Studies: Police Records Technician I
Police Records Technician II
Senior Police Records Technician
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