HomeMy WebLinkAbout7204 RESOLUTION NO. 7204
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING
ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR
EMPLOYEES REPRESENTED BY THE ARCADIA CITY EMPLOYEES
ASSOCIATION ("ACEA") FOR APRIL 1, 2018 THROUGH JUNE 30, 2020
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY
FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves that certain Memorandum of
Understanding ("MOU") by and between the City of Arcadia and the Arcadia City
Employees Association ("ACEA") dated effective as of April 1, 2018, a copy of which is
attached hereto. The City Manager is hereby authorized and directed to execute this
Memorandum of Understanding on behalf of the City. The salary and benefits for
employees represented by ACEA shall be those set forth in the Memorandum of
Understanding.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this 20th day of March , 2018.
01 'favor of the City of Arcadia
ATTEST:
• er
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Resolution No. 7204 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 20th day of March, 2018 and that said Resolution was adopted by the
following vote, to wit:
AYES: Beck, Chandler, Verlato, Tay, and Amundson
NOES: None
ABSENT: None /
'tylei - it of Arcadia
-2-
CITY OF ARCADIA
AND
ARCADIA CITY EMPLOYEES ASSOCIATION
(CONFIDENTIAL/SUPERVISORY/PROFESSIONAL UNIT
AND GENERAL EMPLOYEE UNIT)
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\ Vial
CITY OF
ARCADIA
MEMORANDUM OF UNDERSTANDING
APRIL 1, 2018 - JUNE 30, 2020
Table of Contents Page
PREAMBLE 1
ARTICLE I 1
Section A. PARTIES AND RECOGNITION 1
Section B. APPROPRIATE UNIT 1
Section C. MUTUAL RECOMMENDATION AND IMPLEMENTATION 2
Section D. AUTHORIZED AGENTS 2
Section E. NOTICE 3
ARTICLE II 3
Section A. TERM 3
Section B. SAVINGS CLAUSE 3
Section C. NO STRIKE CLAUSE 3
ARTICLE III ASSOCIATION RIGHTS 4
Section A. AGENCY SHOP AGREEMENT 4
Section B. RIGHT TO JOIN 7
Section C. USE OF BULLETIN BOARDS 7
Section D. PAYROLL DEDUCTION 8
Section E. ACCESS TO FACILITIES 8
Section F. ASSOCIATION STEWARDS 9
Section G. REASONABLE NOTICE 10
Section H. LIST OF NAMES 10
ARTICLE IV MANAGEMENT RIGHTS 11
ARTICLE V COMPENSATION 11
Section A. SALARY SCHEDULES 11
Section B. PROMOTION OR ADVANCEMENT 11
Section C. PERCENTAGES BETWEEN STEPS 11
Section D. ADVANCEMENT THROUGH STEPS 12
ARTICLE VI RETIREMENT 12
Section A. EMPLOYEES HIRED BEFORE JULY 1, 2011 12
Section B. EMPLOYEES HIRED ON OR AFTER OCTOBER 9, 2011 OTHER THAN NEW
CALPERS MEMBERS 14
Section C. NEW CaIPERS MEMBERS HIRED ON OR AFTER JANUARY 1, 2013 15
Section D. DEFERRED COMPENSATION 16
ARTICLE VII HOURS 16
Section A. OVERTIME 16
Section B. REST PERIODS 17
Section C. WORK SCHEDULES 17
ARTICLE VIII STABILITY PAY/LONGEVITY PAY 18
Section A. STABILITY PAY 18
Section B. LONGEVITY PAY 18
ARTICLE IX TUITION LOAN/REIMBURSEMENT 18
ARTICLE X MILEAGE REIMBURSEMENT 19
ARTICLE XI HEALTH, DENTAL AND LIFE INSURANCE 20
Section A. CONTRIBUTIONS 20
ARTICLE XII RETIREE MEDICAL 22
Section A. EMPLOYEES HIRED BEFORE JULY 1, 2011 22
Section B. EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 23
ARTICLE XIII DISABILITY INCOME INSURANCE 23
ARTICLE XIV MEDICAL EXAMINATIONS 23
Section A. 23
Section B. 23
ARTICLE XV UNIFORMS 24
Section A. 24
Section B. 24
Section C. 24
ARTICLE XVI LEAVES OF ABSENCE 25
Section A. NON-MEDICAL LEAVES WITHOUT PAY 25
Section B. FAMILY CARE AND MEDICAL LEAVES 26
Section C. TEMPORARY MILITARY LEAVE (Paid and Unpaid) 29
Section D. VACATION LEAVE 31
Section E. SICK LEAVE 32
Section F. BEREAVEMENT LEAVE 34
Section G. HOLIDAYS 34
Section H. JURY LEAVE 36
Section I. COURT WITNESS LEAVE 36
Section J. INDUSTRIAL ACCIDENT LEAVE 37
ARTICLE XVII PROBATIONARY PERIOD 37
Section A. 37
Section B. 38
Section C. 38
Section D. 38
Section E. 38
ARTICLE XVIII SPECIAL PAY 38
Section A. ACTING PAY 38
Section B. CALL-BACK PAY 39
Section C. BILINGUAL PAY 39
ARTICLE XIX LAYOFFS 39
Section A. LAYOFF PROCEDURE 39
Section B. RE-EMPLOYMENT LIST 40
Section C. DEFINITIONS 40
ARTICLE XX PERSONNEL FILES 41
Section A. 41
Section B. 41
Section C. 41
ARTICLE XXI EMPLOYEE GRIEVANCES 42
Section A. DEFINITIONS 42
Section B. TIMELINESS 43
Section C. EMPLOYEE REPRESENTATION 43
Section D. INFORMAL GRIEVANCE PROCEDURE 43
Section E. FORMAL GRIEVANCE PROCEDURE 43
Section F. APPEAL TO HUMAN RESOURCES COMMISSION 45
ARTICLE XXII DISCIPLINARY ACTIONS 49
Section A. SUSPENSION, SALARY REDUCTION, DEMOTION AND DISMISSAL 49
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Section B. NOTIFICATION AND APPEAL PROCEDURE 50
Section C. SALARY REDUCTION 50
Section D. UNAUTHORIZED ABSENCE 50
ARTICLE XXIII DISCIPLINARY ACTIONS — FULL-TIME AND PERMANENT PART-TIME
UNCLASSIFIED EMPLOYEES 51
ARTICLE XXIV FULL UNDERSTANDING 52
Section A. 52
Section B. 52
2018-2020 NEGOTIATION TEAMS 53
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PREAMBLE
It is the purpose of the Memorandum of Understanding to promote and provide for
harmonious relations, cooperation and communication between City Management and
the City employees covered by this Memorandum. As a result of good faith negotiations
between City Management representatives and Association representatives, this
Memorandum sets forth the Agreement regarding wages, hours, and other terms and
conditions of employment for the employees covered by this Memorandum. This
Memorandum provides for an orderly means of resolving differences which may arise
from time to time during its term.
ARTICLE I
Section A. PARTIES AND RECOGNITION
The Memorandum of Understanding is made and entered into between
the management representatives of the City of Arcadia, hereinafter
referred to as the "City" and representatives of the Arcadia City
Employees Association, a formally recognized exclusive employee
organization, hereinafter referred to as the "Association", pursuant to the
provisions of the Meyers-Milias-Brown Act (Government Code
§§3500 et. seq.).
Section B. APPROPRIATE UNIT
The classifications covered by this agreement are:
Confidential/Supervisory/Professional Unit
Accounting Specialist Principal Librarian
Assistant Engineer Records/Legal Technician
Assistant Planner Revenue Collection Specialist
Associate Civil Engineer Senior Combination
Associate Planner Inspector
Deputy City Clerk Senior Library Technician
Librarian I & II Senior Planner
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General Employee Unit
Accountant Info and Referral Coordinator
Accounting Technician I & II Information Systems Specialist
Administrative Assistant Library Technician I & II
Building Technician I & Il Museum Education Coordinator
Business License Officer Office Assistant
Circulation Services Supervisor Public Works Inspector
Code Services Officer Public Works Office Coordinator
Combination Inspector Recreation Coordinator
Communications & Marketing Senior Engineering Assistant
Specialist I & II Senior Accounting Technician
Engineering Assistant Senior Administrative Assistant
Fire Inspector Senior Citizens Program Specialist
Fire Administrative Specialist Senior Citizens Project Specialist
Historical Museum Curator
Section C. MUTUAL RECOMMENDATION AND IMPLEMENTATION
This Memorandum of Understanding constitutes a mutual
recommendation to be presented to the City Council, subsequent to the
ratification meeting by the membership of the
Confidential/Supervisory/Professional Unit and the General Employees
Unit. It is agreed that this memorandum shall not be binding upon the
parties either in whole or in part unless and until the City Council formally
acts, by majority vote, to approve and adopt said Memorandum.
Section D. AUTHORIZED AGENTS
The City's principal authorized agent shall be the City Manager,
240 W. Huntington Drive, Arcadia, California, 91007, except where a
particular City representative is specifically designated in connection with
the performance of a specific function or obligation set forth herein.
The Confidential/Supervisory/Professional and General Employee's
authorized representative is Beth Stogner, President of the Arcadia City
Employees Association, 240 W. Huntington Drive, Arcadia, California,
91007. The duly authorized staff representative is Robin Nahin, Executive
Director of City Employees Associates, 2918 E 7th Street, Long Beach,
California, 90804.
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Section E. NOTICE
The City agrees to give the Association notice of any changes, additions,
or deletions of bargaining unit by classifications via an emailed copy of the
Human Resources Commission Agenda. The agenda will be emailed to
the Association's authorized agent at the same time the agenda is sent to
Commission members. The Association shall be responsible for providing
the City with the authorized agent's email address.
ARTICLE II
Section A. TERM
The parties have met and conferred in good faith regarding wages, hours
and other terms and conditions of employment and it is mutually agreed
that this Memorandum of Understanding shall be effective upon ratification
of the City Council effective April 1, 2018 and ending June 30, 202020.
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.
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It is agreed and understood that any employee concertedly violating
this article may be subject to disciplinary action up to and including
discharge, and/or, may be considered to have automatically resigned
from the City service. For purposes of this article, any employee
deemed to have automatically resigned shall be eligible to utilize the
Grievance Procedure as provided in this Agreement.
3. It is understood that in the event this article is violated, the City shall be
entitled to withdraw any rights, privileges, or services provided for in
this Agreement or in any other City rules, regulations, resolutions
and/or ordinances, from any employee and/or the Association. No
such actions shall be taken by the City in the event that the Association
acts in good faith in accordance with paragraph 2 above.
4. The expiration or violation of this Agreement shall not prejudice the
City's right to assert to the illegality of any such activities mentioned
above if engaged in by the Association or employees. Upon the
expiration of this Agreement, this language shall not prevent the
Association from engaging in such activities mentioned above, to the
extent such activity is otherwise legal for public employees to
participate in.
ARTICLE III ASSOCIATION RIGHTS
Section A. AGENCY SHOP AGREEMENT
1. Legislative Authority. The City of Arcadia (City) and the Arcadia City
Employees Association, Confidential, Supervisory, Professional, and
General Employee Bargaining Unit (Association) mutually understand
and agree that in accordance with State of California law, per adoption
of SB 739, and the Agency Shop election held on September 15, 2005,
a simple majority of ballots cast by regular employees in classifications
represented by the Association voted to be covered by an Agency
Shop agreement. As a result of the Agency Shop election, as a
condition of continued employment, this Agency Shop agreement
hereby requires that all bargaining unit employees:
a. Elect to join the Association and pay Association dues;
b. Pay an agency fee for representation; or
c. With a religious exemption, pay a fee equal to the agency fee to
be donated to selected charities.
The following agency shop provision will be implemented, in conformity
with California Government Code §3502.5 and applicable law.
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2. Association Dues/Agency Fee Collection. The Administrative
Services Department shall deduct Association dues, agency fee and
religious exemption fees from all employees who have signed a written
authorization and a copy of that authorization has been provided to the
Administrative Services Department. Employees on leave without pay
or employees who earn a salary less than the Association deduction
shall not have an Association dues or agency fee deduction for that
pay period.
The Association shall notify the City of any agency fee payer who
elects to only pay fair share fees, the fee equal to direct representation
costs as determined by the Association's certified financial report. The
Association shall notify the City of the amount of the fair share fee to
be deducted from the fair share fee payer's paycheck.
3. New Hire Notification. All new hires in the Confidential, Supervisory,
Professional, and General Employee Bargaining Unit shall be informed
by the Human Resources Division of the Administrative Services
Department, at the time of hire, that an Agency Shop agreement is in
effect for their classification. The employee shall be provided a copy of
this Agreement, the Memorandum of Understanding and a form,
mutually developed between the City and the Association that outlines
the employee's choices under the Agency Shop agreement.
The employee shall be provided thirty (30) calendar days from the date
of hire to elect their choice and provide a signed copy of that choice to
the Administrative Services Department. The Association may request
to meet with new hires at a time and place mutually agreed upon
between the Department Head and the Association.
4. Failure to Pay Dues/Fees. All unit employees who choose not to
become members of the Arcadia City Employees Association shall be
required to pay to Arcadia City Employees Association a
representation service fee that represents such employee's
proportionate share of Arcadia City Employees Association cost of
legally authorized representation services on behalf of unit employees
in their relations with the City of Arcadia. Such representation service
fee shall in no event exceed the regular, periodic membership dues
paid by unit employees who are members of Arcadia City Employees
Association. Unit employees who attain such status after the effective
date of this Agreement shall be subject to its terms thirty (30) days
after attaining unit status.
5. Leave Without Pay/Temporary Assignment Out of Unit. Employees on
an unpaid leave of absence or temporarily assigned out of the unit as a
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Supervisor shall be excused from paying dues, agency shop fees, or
charitable contributions.
6. Religious Exemption. Any employee who is a member of a religious
body whose traditional tenets or teachings include objections to joining
or financially supporting employee organizations shall not be required
to pay an agency fee, but shall pay by means of mandatory payroll
deduction an amount equal to the agency fee to a nonreligious,
non-labor charitable organization exempt from taxation under Section
501(c)(3) of the Internal Revenue Code. Those fees shall be remitted
by the City, at the choice of the employee, to one of the following
non-labor, non-religious charitable organizations: United Way or
American Red Cross.
To qualify for the religious exemption the employee must provide to
Arcadia City Employees Association, with a copy to the City, a written
statement of objection, along with verifiable evidence of membership in
a religious body as described above. The City will implement the
change in status within thirty (30) days unless notified by Arcadia City
Employees Association that the requested exemption is not valid. The
City shall not be made a party to any dispute arising relative to the
determination of religious exemptions.
Any of the above-described payment obligations shall be processed by
the City in the usual and customary manner and time frames.
7. Records. The Association shall keep an adequate itemized record of
its financial transactions and shall make available annually, to the City
and to Agency Fee payers, within sixty (60) days after the end of its
fiscal year, a written financial report thereof in the form of a balance
sheet certified as to accuracy by its president and treasurer or
corresponding principal officer, or by a certified public accountant.
The City shall provide the Association a list of all unit members and
dues paying status with each Association dues check remitted to the
Association.
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8. Rescission of Agreement. The Agency Shop agreement may be
rescinded at any time during the term of the Memorandum of
Understanding by a majority vote of all the employees in the bargaining
unit. A request for such vote must be supported by a petition
containing the signatures of at least thirty (30%) of the employees in
the unit. The election shall be by secret ballot and conducted by
California State Mediation and Conciliation and in accordance with
state law.
9. Indemnification. The Association shall indemnify, defend and hold the
City harmless from and against all claims and liabilities as a result of
implementing and maintaining this agreement.
Section B. RIGHT TO JOIN
The City and the Association recognize the right of the employees to form,
join and participate in lawful activities of employee organizations and the
equal alternative right of employees to refuse to join or participate in
employee organization activities.
During the life of this contract all unit members who choose to become
members of the Association shall be required to maintain their
membership in the Association in good standing, subject however, to the
right to resign from membership no sooner than April 15, or later than
May 15, of the year this MOU expires. Any unit member may exercise the
right to resign by submitting a written notice to the Association and to the
City during the resignation period.
The City and the Association agree that neither shall discriminate, nor
retaliate against any employee for the employee's participation or
non-participation in any Association activity.
Section C. USE OF BULLETIN BOARDS
The City shall provide for the Association's use, designated bulletin boards
where employees in the bargaining unit have access during regular
business hours subject to the following conditions:
1. All postings for bulletin boards must contain the date of posting and
the identification of the organization; and
2. The Association will not post information which is defamatory,
derogatory or obscene, subject to the immediate removal of the
right to post for a period not to exceed 90 days.
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Locking bulletin boards will be made available in the Library, City Hall, Fire
Station #1 , Police Department and Recreation Center, and regular bulletin
boards will be made available in Fire Station #2, and the City Service
Center at a location approved by the Department Administrator, or City
Manager.
Section D. PAYROLL DEDUCTION
The City will deduct from the second paycheck of each month and remit to
the Association, pay of Association members the normal and regular
monthly Association membership dues as voluntarily authorized in writing
by the employee subject to the following conditions:
1. Such deduction shall be made only upon submission of deduction
form to the designated City representative. Said form shall be duly
completed and signed by the employee.
2. The City shall not be obligated to put into effect any new, changed
or discontinued deduction until the pay period commencing fifteen
days or longer after such submission.
Every effort will be made to remit dues to the Association within two weeks
of receipt. The Association agrees to indemnify and hold the City harmless
against any and all suits, claims, demands and liabilities that may arise out
of, or by reason of, any action that shall be taken by the City for the
purpose of complying with this Section.
Section E. ACCESS TO FACILITIES
All Association business will be conducted by employees and Association
representatives outside of established work hours.
Nothing herein shall be construed to prevent an Association
representative or an employee from contacting the Human Resources
Administrator or other management representatives regarding personnel
related matters during work hours.
The authorized Association Business Agent shall be given access to work
locations during working hours provided that prior to visiting any work
location the Association representative shall:
1. Contact the Human Resources Administrator or his designee, to
state the purpose of his/her visit and which location he/she will be
visiting; and
2. The Human Resources Administrator or designee determines that
such visit shall not interfere with the operations of the department.
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In the event the requested time and/or location of such visit by the
Association Business Agent is denied because it would interfere with the
operations of the department, the Human Resources Administrator or his
designee shall set an alternative time and/or location for such visit within
72 hours.
The Association may schedule after work hours meetings in the City
Conference rooms or the City Council Chambers at such times these
facilities are not in use by submitting a written request to the appropriate
City administrator which shall include the date, time, number of people
expected, general reason for the meeting, and an acknowledgment that no
food or beverages will be consumed in City facilities. Approval will be
granted in the same manner as it is granted to other organizations.
Section F. ASSOCIATION STEWARDS
1. Three (3) Association Stewards who are authorized to represent the
Confidential/Supervisory/ Professional employees and the four (4)
Association Stewards who are authorized to represent the General
employee bargaining unit shall be selected in such manner as the
Association may determine. The Association shall notify the employer
in writing of the names of the seven (7) Association Stewards.
2. The three (3) Stewards who are authorized to represent the
Confidential/Supervisory/ Professional employees and the four (4)
Association Stewards who are authorized to represent the General
employee bargaining unit shall be permitted one day off without pay
each calendar year to attend a training session. Advance written
notice of no less than fourteen (14) calendar days shall be given to
each Association Steward's supervisor.
Association Stewards are allowed reasonable release time to participate in
meetings related to negotiations. Association Stewards shall be provided
release time during their regular work hours for the purpose of:
a. Representation at a meeting that is reasonably expected to
result in discipline when the Association Business Agent is not
available to be present;
b. Representation at a grievance hearing;
c. Special meeting with Human Resources Administrator, or
designee, and Association Business Agent to resolve problems
within the scope of bargaining; and/or
d. A fifteen (15) minute orientation period with new hires at the
beginning of a new employee orientation conducted by the
Human Resources Division.
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In addition, Association Stewards shall be provided a maximum of two
(2) hours per month of release time during his/her regular work hours
to attend to other Association business, as needed.
No further release time is provided for the preparation, investigation, or
processing of disciplinary issues, grievances, or other Association
business.
To facilitate the process, Association Stewards shall contact the
Human Resources Administrator or designee to arrange the time to
conduct Association business as described above. Not more than one
(1) of the designated Steward representatives may participate in any
special meeting to resolve a problem within the scope of bargaining or
grievance hearing at one time unless agreed to by the Human
Resources Administrator.
Time spent on Association Stewards activities outside of normal
working hours is not compensable.
Section G. REASONABLE NOTICE
The City will provide fifteen (15) business days notice prior to final
implementation of changes to wages, hours of work, or other terms and
conditions of employment within the scope of negotiations. Upon written
notice from the Association outlining the area(s) of concern, together with
the Association's proposal, the City will meet and confer on those matters
that are within the scope of negotiations.
In addition, the City shall mail to the Association and the chief shop
steward a copy of the agendas for each City Council and/or Human
Resources Commission meeting.
Section H. LIST OF NAMES
The Association shall provide and maintain, with the City, a current list of
the names of all authorized representatives of the
Confidential/Supervisory/Professional Unit and the General Employee
Unit.
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ARTICLE IV MANAGEMENT RIGHTS
Except as limited by the specific and express terms of this Agreement, the City hereby
retains and reserves unto itself all rights, powers, authority, duty and responsibilities
confirmed on and vested in it by the laws and the Constitution of the State of California,
the Charter of the City of Arcadia, and/or the laws and Constitution of the United States
of America.
The management and the direction of the work force of the City is vested exclusively in
the City, and nothing in this Agreement is intended to circumscribe or modify the
existing rights of the City to direct the work of its employees; hire, promote, demote,
transfer, assign and retain employees in positions within the City, subject to the
Personnel Rules and Regulations of the City; suspend or discharge employees for
proper cause; maintain the efficiency of governmental operations; relieve employees
from duties for lack of work or other good reason; take action as may be necessary to
carry out the City's mission and services in emergencies; and to determine the methods,
means and personnel by which the operations are to be carried out, including the right
to subcontract unit work.
ARTICLE V COMPENSATION
Section A. SALARY SCHEDULES
The City agrees to increase base salaries of classifications covered by this
MOU in the amount of two percent (2%), effective April 1, 2018, , and two
percent (2%), effective April 1, 2019 The salary schedules for
classifications covered by this MOU are set forth on Exhibit A and
incorporated herein.
Section B. PROMOTION OR ADVANCEMENT
1. When an employee is promoted, the pay shall advance to the lowest
step in such higher range that will provide not less than an
approximate five percent (5%) increase in compensation unless the top
step in such range provides less than that amount. Such one step of
approximately five percent (5%) shall be measured by the range from
which the employee is promoted.
2. When an employee is promoted to a higher classification, the date of
promotion shall be used in determining the date of future step
increases.
Section C. PERCENTAGES BETWEEN STEPS
The parties acknowledge that the percentage between steps within a
range is approximately two and one-half percent (2.5%).
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Section D. ADVANCEMENT THROUGH STEPS
The advancement through the salary steps is discretionary based upon
satisfactory performance and continuous service in the same
classification. The following schedule is the continuous service time
required for a qualified employee to receive each step increase:
A Step to C Step: 6 months
All other Steps: 12 months
Salary step advancements may be withheld or delayed by the appointing
authority if an employee's performance does not merit such advancement.
During the term of this Agreement, individuals will advance in their rates of
compensation two steps (approximately 5.0%) on their anniversary date
upon receiving a satisfactory performance evaluation
ARTICLE VI RETIREMENT
Section A. EMPLOYEES HIRED BEFORE JULY 1, 2011
The City contracts with the State of California Public Employees
Retirement System (CaIPERS) for the classifications contained in this
Agreement. The plan shall include the following options:
1. 2.5% @ 55 retirement formula (Government Code §21354.4);
2. Single highest year final compensation (Government Code §20042);
3. Post Retirement Survivor Continuance;
4. Credit for Unused sick leave (Government Code §20965);
5. 1959 Survivors Benefit for which each employee contributes
ninety-three cents ($.93) per pay period;
6. Third level 1959 Survivors Benefit allowance Government Code
§21573);
7. Military service credit as public service option Government Code
§21024). It is agreed and understood that the employee is responsible
for paying for this benefit;
8. The City agrees to allow members to participate in a pre-tax payroll
deduction plan for service purchases;
9. Provided the employee signs a waiver releasing and holding the City
harmless, from any liability, whatsoever, the City agrees to allow
members to use funds from their deferred compensation (457 Plan)
toward the pre-tax payroll deduction plan for service credit purchases;
10.Special compensation items shall be reported to CaIPERS in
accordance with applicable law;
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11.Employees agree to make contributions to offset a portion of the City's
costs related to CaIPERS retirement benefits. The employee
cost-sharing will be accomplished through pre-tax deductions in the
manner contemplated by Government Code §20516(f). The parties
recognize that the IRS has yet to take a position on the pre-tax status
of deductions made under §20516(f) and in the event that, subsequent
to the effective date of this provision, the IRS determines that such
deductions do not qualify for pre-tax status, the parties agree to meet
and discuss the effects thereof. The cost sharing arrangement will be
implemented as follows:
Employees will pay seven percent of PERSable compensation to
CaIPERS retirement (7%) via payroll deduction toward the City's
Employer Contribution to CaIPERS, and said amount will be
allocated to the employer's account.
12.In addition to the foregoing cost sharing payments, employees shall
continue to pay one percent (1%) of the member contribution to
CaIPERS.
13.The City shall continue to pay the cost of the employees' member
contribution to CaIPERS in the amount of seven percent (7%) (EPMC)
and shall continue to report that as additional compensation pursuant
to §20636(c)(4) of the Government Code. Further, said amount will be
allocated to the employee's retirement account.
14.The Pre-Retirement Option 2W Death Benefit (Government Code
§21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional
Benefits), Employees agree to cost —share this benefit with the City
through pre-tax deductions in the manner contemplated by §20516(f)
of the Government Code. The parties recognize that the IRS has yet
to take a position on the pre-tax status of deductions made under
§20516(f) and in the event that, subsequent to the effective date of this
provision, the IRS determines that such deductions do not qualify for
pre-tax status, the parties agree to meet and discuss the effects
thereof. It is agreed and understood that both parties shall split the
cost of this optional benefit which was determined to be a total of
.276%. The cost-sharing arrangement will be implemented as follows:
Employees will pay one hundred thirty eight thousandths of a
percent (.138%) of PERSable compensation to CaIPERS
retirement via payroll deduction; and the City will pay one hundred
thirty eight thousandths of a percent (.138%) of PERSable
compensation to CaIPERS retirement.
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Section B. EMPLOYEES HIRED ON OR AFTER OCTOBER 9, 2011 OTHER THAN
NEW CALPERS MEMBERS
The City contracts with the State of California Public Employees
Retirement System (CaIPERS) for the classifications contained in this
Agreement. The plan shall include the following options:
1. 2% at age 60 retirement formula (Government Code §21353);
2. Three (3) year average final compensation period (Government Code
§20037);
3. Post Retirement Survivor Continuance;
4. Credit for Unused sick leave (Government Code §20965);
5. 1959 Survivors Benefit for which each employee contributes
ninety-three cents ($.93) per pay period;
6. Third level 1959 Survivors Benefit allowance Government Code
§21573);
7. Military service credit as public service option Government Code
§21024). It is agreed and understood that the employee is responsible
for paying for this benefit;
8. The City agrees to allow members to participate in a pre-tax payroll
deduction plan for service purchases;
9. Provided the employee signs a waiver releasing and holding the City
harmless, from any liability, whatsoever, the City agrees to allow
members to use funds from their deferred compensation (457 Plan)
toward the pre-tax payroll deduction plan for service credit purchases;
10.Special compensation items shall be reported to CaIPERS in
accordance with applicable law;
11.Employee will pay the full seven percent (7%) member contribution to
CaIPERS via payroll deduction;
12.The Pre-Retirement Option 2W Death Benefit (Government Code
§21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional
Benefits), Employees agree to cost —share this benefit with the City
through pre-tax deductions in the manner contemplated by §20516(f)
of the Government Code. The parties recognize that the IRS has yet
to take a position on the pre-tax status of deductions made under
§20516(f) and in the event that, subsequent to the effective date of this
provision, the IRS determines that such deductions do not qualify for
pre-tax status, the parties agree to meet and discuss the effects
thereof. It is agreed and understood that both parties shall split the
cost of this optional benefit which was determined to be a total of
.276%.
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The cost-sharing arrangement will be implemented as follows:
Employees will pay one hundred thirty eight thousandths of a
percent (.138%) of PERSable compensation to CaIPERS
retirement via payroll deduction; and the City will pay one hundred
thirty eight thousandths of a percent (.138%) of PERSable
compensation to CaIPERS retirement.
Section C. NEW CaIPERS MEMBERS HIRED ON OR AFTER JANUARY 1, 2013
The City contracts with the State of California Public Employees
Retirement System (CaIPERS) for the classifications contained in this
Agreement. The plan shall include the following options:
1. 2% at age 62 retirement formula (Government Code §7522.20);
2. Three (3) year average final compensation period (Government Code
§20037);
3. Post Retirement Survivor Continuance;
4. Credit for Unused sick leave (Government Code §20965);
5. 1959 Survivors Benefit for which each employee contributes
ninety-three cents ($.93) per pay period;
6. Third level 1959 Survivors Benefit allowance Government Code
§21573);
7. Military service credit as public service option Government Code
§21024). It is agreed and understood that the employee is responsible
for paying for this benefit;
8. The City agrees to allow members to participate in a pre-tax payroll
deduction plan for service purchases;
9. Provided the employee signs a waiver releasing and holding the City
harmless, from any liability, whatsoever, the City agrees to allow
members to use funds from their deferred compensation (457 Plan)
toward the pre-tax payroll deduction plan for service credit purchases;
10.Special compensation items shall be reported to CaIPERS in
accordance with applicable law;
11.Employee will pay 50% of the normal cost, currently six and three
quarters percent (6.75%) member contribution to CaIPERS on a
pre-tax basis via payroll deduction;
12.The Pre-Retirement Option 2W Death Benefit (Government Code
§21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional
Benefits), Employees agree to cost —share this benefit with the City
through pre-tax deductions in the manner contemplated by §20516(f)
of the Government Code. The parties recognize that the IRS has yet
to take a position on the pre-tax status of deductions made under
§20516(f) and in the event that, subsequent to the effective date of this
provision, the IRS determines that such deductions do not qualify for
pre-tax status, the parties agree to meet and discuss the effects
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thereof. It is agreed and understood that both parties shall split the
cost of this optional benefit which was determined to be a total of
.276%.
The cost-sharing arrangement will be implemented as follows:
Employees will pay one hundred thirty eight thousandths of a
percent (.138%) of PERSable compensation to CaIPERS
retirement via payroll deduction; and the City will pay one hundred
thirty eight thousandths of a percent (.138%) of PERSable
compensation to CaIPERS retirement.
Section D. DEFERRED COMPENSATION
Employees may elect to allocate salary to the City's 457 Plan on a pre-tax
basis in accordance with the provisions of the Plan.
ARTICLE VII HOURS
Section A. OVERTIME
With the approval of the City Manager, and when necessary to perform
essential work, a Department Administrator may require an employee(s) to
work at any time other than during regular working hours until such work is
completed. Represented employees required to be in a work status
beyond forty (40) hours in a designated work week, or to work in excess of
the regularly scheduled shift, shall be paid at the rate of one and one-half
times the employee's regular hourly rate. For purposes of overtime
calculation, paid sick leave when accompanied by a doctor's slip verifying
illness and all other paid leave time shall be regarded as hours worked.
No overtime credit shall be allowed for any period less than one-quarter
hour. Overtime shall be rounded to the nearest one-quarter hour.
When a represented employee is directed by his/her Department
Administrator or the City Manager to attend classes or City functions at
times other than regularly scheduled work hours which cause the
employee to be in a work status in excess of 40 hours in a designated
work week, the employee shall be paid at the rate of time and one-half the
employee's regular rate of pay. This does not apply to classes or other
functions which the employee voluntarily attends.
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The Department Administrator or City Manager may permit an employee
to take compensatory time in lieu of paid overtime. With Department
Administrator approval, represented employees shall be permitted to
accumulate compensatory time only to a maximum of one hundred (100)
hours. When the maximum level of compensatory time is reached,
overtime shall be paid. The scheduling of compensatory time off shall not
result in the pyramiding of overtime.
An employee, who has accrued compensatory time and requested use of
accrued compensatory time, shall be permitted to use such time off within
a reasonable period after making the request, if such use does not unduly
disrupt the operation of the City. An employee's request to use
compensatory time shall not be denied on the basis that it would require
the payment of overtime to the replacement employee. The City will assist
employees by posting the opportunity, however, it is the responsibility of
the employee to find coverage.
Section B. REST PERIODS
Represented employees shall receive for each eight (8) or nine (9) hour
shift worked, at the discretion of the respective department, two (2) fifteen
(15) minute rest periods, one each approximately at the mid-point of each
one-half shift. Office personnel shall not leave City property during break
periods, and field personnel shall take breaks at the work site. Employees
in transit between work sites may take their rest period at a location
between the normal route of work locations. Rest periods are for the good
of the employee, but periods cannot be used to make up for other lost
time. Rest periods are not cumulative and may not be taken concurrently
with lunch periods.
Section C. WORK SCHEDULES
The City may establish and change work schedules, work times and work
hours, and assign employees thereto, in its sole discretion; provided,
however, if the City decides to eliminate a current alternate work schedule
(5/40, 9/80, 4/10), the City agrees it will meet and confer with the
Association prior to eliminating the alternate work schedule. If, after
meeting and conferring with the Association, the City decides to proceed
with its decision to eliminate an alternate work schedule, affected
employees shall receive a minimum of two (2) weeks notice of the change.
Except for emergencies and temporary changes in work schedules, work
times and work hours, which shall be defined for six months or less,
affected employees shall be given a minimum of two (2) weeks notice of
change in work hours, work times and work schedules. In the case of an
emergency or temporary change in work schedules, work times or work
hours, reasonable notice shall be given to affected employees.
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ARTICLE VIII STABILITY PAY/LONGEVITY PAY
Section A. STABILITY PAY See Side Letter as Exhibit B.
Section B. LONGEVITY PAY
A Longevity Pay benefit will be implemented based on the following
formula:
Completed Years of
Continuous Service Amount Per Pay Period
5- 9 Yrs $42.02
10-14 Yrs $63.04
15 + Yrs $84.06
The Longevity Pay benefit is effective the pay period an employee
completes 5, 10 or 15 years of continuous employment with the City. The
foregoing amounts shall be subject to applicable payroll deductions
Permanent Part Time Employees covered under this Agreement receive
half of the benefit amount listed in Section B.
ARTICLE IX TUITION LOAN/REIMBURSEMENT
Employees shall be eligible for tuition advancement or reimbursement who have
completed at least one probationary period in the Classified Service, or one year of
continuous service if employment is "at-will," subject to the conditions below. To qualify
for tuition advancement/reimbursement, a Tuition Loan/Reimbursement Form must be
submitted and pre-approved by the employee's Department Head and Human
Resources Administrator, before the course(s) begin.
Tuition loan or reimbursement shall only be for courses, specialized training, or degree
programs "job-related" that are directly related to the employee's position as determined
by the City Manager or designee.
The Tuition Loan/Reimbursement Program will operate on a fiscal year basis (July 1
through June 30) and shall be subject to the availability of funds as determined by the
City. The maximum loan or reimbursement amount shall be $4,126 for undergraduate
courses and $5,062 for graduate courses. Eligible fees include tuition, on campus
parking fees and textbooks. All other fees are subject to approval by the City. School
supplies are not reimbursable. Permanent part-time employees shall receive one-half of
the benefit.
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All course work must be completed while employed by the City of Arcadia with a
passing grade of "C" or equivalent when numerical score or pass/fail grade is given. If
the employee either does not receive a "C" or better or for any reason does not finish
the class, the advance is due and payable.
Any employee who shall voluntarily retire or terminate employment or be terminated for
disciplinary cause within one year from the completion of a class or classes shall refund
all tuition paid under this provision for those specific classes unless they were required
to attend by the appointing power. An employee who separates employment and who
received tuition advancement and did not complete a class or classes within one (1)
year from the advancement, shall refund all tuition advanced and be subject to the
provisions outlined in the Advanced Tuition Participation and Loan Agreement.
Employees who retire on a Disability or Industrial Disability Retirement, or are laid off
shall not be required to refund tuition fees.
The City reserves the right to investigate any school and approve or disapprove it for
advancement or reimbursement if such action appears warranted. Courses must be
taken at an accredited education institution, which is defined as any college or university
which has been accredited by a recognized government or professional accrediting
body (as determined by the City). Additionally, the City reserves the right to deny any
course(s), specialized training or degree programs determined by the City Manager to
be non-job related.
ARTICLE X MILEAGE REIMBURSEMENT
Mileage is reimbursed at a rate established by the City for travel in an employee's
personal vehicle in connection with City business. Prior approval must be obtained from
the immediate supervisor or Department Head. If travel is required frequently during a
month, reimbursement will be made once a month. Completed mileage forms shall be
submitted to the Department Head consistent with the administrative policy.
Any employee authorized to use a personal vehicle must maintain an insurance policy
meeting the standards established by the City Manager.
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ARTICLE XI HEALTH, DENTAL AND LIFE INSURANCE
Section A. CONTRIBUTIONS
The City shall provide regular full-time employees in a classification
represented by this Agreement with the following contributions:
1. CaIPERS Health Program: The City will contribute the minimum
employer contribution required pursuant to Government Code
§22892(b) ("Minimum Contribution") per month per employee for
health insurance (This language does not reduce the City's current
maximum health insurance contribution for employees or limit cash
back).
2. Dental Insurance – Mandatory Enrollment: The City will contribute
the employee only cost for Delta Care USA insurance per month
("Dental Contribution") toward one of two dental plans. Additional
coverage may be purchased through the Optional Benefits
allocation.
3. Optional Benefits – Full-Time Employees: Subject to the limits set
forth herein, the City shall contribute the remaining amount of
employee's health and dental insurance benefit allowance through
a contribution to a Internal Revenue Code §125 Cafeteria Plan as
follows:
Effective April 1, 2018—June 30, 2020:
a. The City shall pay up to a maximum of $1072.00 per month per
full-time employee for coverage, inclusive of the Minimum
Contribution and Dental Contribution. For full-time employees,
if the City's contribution exceeds the cost of employee only
coverage, the difference shall be contributed toward the cost of
dependent coverage or to the employee in cash or a
combination of both.
b. 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.
c. 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
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enrollment periods and eligibility established by the respective
plans or carriers.
d. Dependent enrollment will require proof of eligibility for
dependent status including social security number, marriage,
birth and/or adoption certificates.
•
4. Optional Benefits — Part-Time Employees: Subject to the limits set
forth herein, the City shall contribute the remaining amount of
employee's health and dental insurance benefit allowance through
a contribution to a Internal Revenue Code §125 Cafeteria Plan as
follows:
Effective April 1, 2018-June 30, 2020:
a. The City shall pay up to a maximum of $536.00 per month per
part-time employee for coverage, inclusive of the Minimum
Contribution and Dental Contribution. For part-time employees,
if the City's contribution exceeds the cost of employee only
coverage, the difference shall be contributed toward the cost of
dependent coverage or to the employee in cash or a
combination of both.
b. 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.
c. Dependent enrollment will require proof of eligibility for
dependent status including social security number, marriage,
birth and/or adoption certificates.
5. Life Insurance: The City shall provide a $25,000 Life & AD&D
benefit for eligible employees.
6. Vision Plan: The City shall provide each employee with a vision
plan, with the City paying the premium in fiscal years FY18-
19through FY 19-20. The vision plan will be Vision Service Plan,
Option B. The City will pay the premium up to the cost of the family
plan.
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ARTICLE XII RETIREE MEDICAL
Section A. EMPLOYEES HIRED BEFORE JULY 1, 2011
1. Tier II Retirees. For employees hired before July 1, 2011 and retiring
from the City on or after January 1, 2012 ("Tier II Retirees"), the City
agrees to provide a Premium Payment for the purpose of purchasing
health coverage offered through CaIPERS for the Tier II Retiree and
his/her spouse in an amount not to exceed the monthly premium
applicable to the coverage level for the retiree (i.e., Employee Only or
Employee + spouse) for the 2012 PERS Choice plan * (*rates are
determined by region of residence; Los Angeles rates for 2012 are
Employee Only $505.63, employee + spouse $1,011.26). The
Premium Payment shall be payable in the following form: (1) PEMHCA
Minimum contribution payable directly to CaIPERS, and (2) a
reimbursement to the Tier II Retiree equal to difference between the
cost of plan in which the Tier II Retiree enrolls, subject to the foregoing
cap, and the PEMHCA Minimum contribution ("Reimbursement"). If a
retiree enrolls in a more expensive plan, he/she will be responsible for
payment of any premium in excess of the capped amount. The
Reimbursement shall cease for the Tier II Retiree upon eligibility for
Medicare coverage, and the Reimbursement shall cease for the
spouse upon eligibility for Medicare coverage, or after 15 years,
whichever occurs first.
Tier II Retirees must be "eligible retirees" in order to receive the
benefits described in this paragraph.
2. Eligible Retiree. An "eligible retiree" is a unit member who retires on a
service, disability, or industrial disability retirement and has 1,000
hours of accumulated sick leave at the date of retirement.
An employee who has fewer than one thousand (1,000) hours of
accumulated sick leave at the date of retirement may purchase up to a
maximum of three hundred fifty (350) hours worth of sick leave in an
amount equal to the employee's daily pay rate at the time of retirement
to meet the one thousand (1,000) hour requirement, provided,
however, upon verification of information from a qualified medical
provider that an employee has substantially depleted the employee's
sick leave accrual due to an absence or absences caused by a serious
illness or injury suffered by the employee or a family dependent living
in the employee's household, this purchase limitation of 350 hours will
be excused.
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The following conditions must be met for employees to be eligible to
exercise this buyback provision:
1. The employee must have reached the age of 55; and
2. The employee must be employed by the City of Arcadia and
must have worked full-time for the City of Arcadia for a minimum
of 15 years.
In addition, the eligible employee must apply prior to retirement for
such coverage through Human Resources. The Association shall notify
Human Resources in the event of the death of a retired member.
In order to be eligible for retiree health coverage, the employee, and if
applicable, the employee's spouse, must be enrolled in a
City-sponsored health plan as of the retiree's last day of work and
maintain eligibility to continue in the CaIPERS Health Program as
stipulated by the Health Program.
Section B. EMPLOYEES HIRED ON OR AFTER JULY 1, 2011
Tier III Retirees. For employees hired on or after July 1, 2011 that retire
from the City and who remain enrolled in a CaIPERS health plan after
retirement ("Tier III Retiree"), the City will pay no more than the PEMHCA
Minimum contribution. Tier III Retirees shall not be reimbursed or
otherwise receive payment from the City for health insurance premiums in
excess of the PEMHCA Minimum contribution.
ARTICLE XIII DISABILITY INCOME INSURANCE
The City shall provide disability income insurance up to a maximum total monthly
payment of $12.81 per eligible employee, as currently defined by the insurer to be an
employee who works at least 30 hours per week, during the life of the Agreement.
ARTICLE XIV MEDICAL EXAMINATIONS
Section A. All medical examinations required by the City shall be paid for by the City
in accordance with the City of Arcadia Personnel Rules and Regulations.
Section B. An employee at any time may be required by the appointing power to take
a medical examination, paid for by the City, to determine fitness for duty.
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ARTICLE XV UNIFORMS
Section A. Upon hire, the City shall provide the following employees with five (5)
shirts:
-Public Works Inspector
•Code Services Officer
•Combination Inspector
Upon hire, the City shall provide the following employees with four (4) sets
of uniforms consisting of long sleeve shirt, short sleeve shirt, pants/skirt,
cross-tie/tie, and one sweater or one medium weight uniform jacket.
•Fire Inspector
•Fire Administration Specialist
•Administrative Assistant(assigned to the Fire)
Uniforms shall be replaced on an as needed basis, pursuant to
department procedures.
All employees represented by this MOU shall receive one (1) Polo shirt
yearly.
Section B. Upon termination of employment the employee shall turn in all uniforms
issued or shall have a dollar amount equal to the lost uniform cost
deducted from the employee's final check.
Section C. The City shall provide a safety shoe allowance up to a maximum of $125
per fiscal year for each employee in the following classifications:
Combination Inspector, Code Services Officer, Fire Inspector, and Public
Works Inspector.
The City shall designate safety shoe standards for the above
classifications. A purchase order, not to exceed the maximum fiscal year
amount referred to above, shall be provided upon the employee's request.
Once the employee has purchased safety shoes in this manner, the safety
shoe shall be required footwear. Wearing of safety shoes is limited to City
work hours.
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ARTICLE XVI LEAVES OF ABSENCE
Section A. NON-MEDICAL LEAVES WITHOUT PAY
Upon the written request of an employee stating the reasons therefore, the
appointing power with the approval of the City Manager shall have power
to grant leaves of absence without pay subject to the following restrictions:
1. Length — leave of absence without pay may be granted for a period
not to exceed one year with the exception that military leaves may
be granted for the duration of a war or national emergency or as
required by the Military and Veterans' code.
2. Reason — a leave of absence may be granted an employee,
provided he/she meets all other requirements set forth in this rule,
who desires to attend school or college or to enter training to
improve the quality of his service, who enters military service of the
United States, who is temporarily incapacitated by illness, or who
presents some other reasons equally satisfactory.
3. Right to Return — the granting of a leave of absence without pay
confers upon the employee the right to return to his classification
before or at the expiration of his/her leave of absence. Therefore, a
leave of absence shall be granted only to an employee who intends
to return to his/her classification with the City.
4. Service Record — no request for leave of absence will be
considered unless the employee presenting the request has a
satisfactory service record.
5. An employee granted a leave of absence may be required by the
appointing power or the City Manager to successfully pass a
medical examination prior to being allowed to return to work.
6. The granting of a leave of absence of thirty (30) days or less, with
or without pay, shall not constitute an interruption of service within
the meaning of this subsection. The granting of a leave of absence
with or without pay of more than thirty (30) days shall constitute an
interruption of service unless, in the action granting such leave of
absence, it is provided that such leave of absence shall not
constitute an interruption of service.
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7. The City shall continue to provide health, dental, life, and disability
insurance for an employee granted a leave of absence for up to 30
calendar days. It shall be the responsibility of the employee who
wishes to continue any insurance coverage beyond the 30 calendar
days, to notify the Human Resources Office of his/her intent to
continue coverage and to remit the full monthly premium for any
coverage to the Administrative Services Department.
Section B. FAMILY CARE AND MEDICAL LEAVES
Upon the written request of an employee stating the reasons therefore, the
appointing power with the approval of the City Manager shall have power
4 to grant Family Care and Medical Leaves. In accordance with the Federal
Family and Medical Leave Act ("FMLA") and the California Family Rights
Act ("CFRA"), the City of Arcadia will provide family and medical leave for
eligible employees, as defined.
1. "12-Month Period" means 12-month period measured backward
from the date leave is taken and continuous with each additional
leave day taken.
2. "Child" means a child under the age of 18 years of age, or 18 years
of age or older who is incapable of self-care because of a mental or
physical disability. An employee's child is one for whom the
employee has actual day-to-day responsibility for care and
includes, a biological, adopted, foster child, stepchild, or child of
whom the employee is the legal guardian.
3. "Serious health condition" means an illness, injury impairment, or
physical or mental condition that involves:
a. Any period of incapacity or treatment in connection with or
inconsequent to a hospital, hospice or residential medical care
facility;
b. Any period of incapacity requiring absence from work of more
than three calendar days, that also involves continuing
treatment by (or under the supervision of) a health care
provider;
c. Continuing treatment by a health care provider for a chronic or
long term health condition that is incurable or so serious that, if
not treated, would likely result in a period of incapacity of more
than three calendar days; or
d. Prenatal care by a health provider.
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4. "Continuing treatments" means:
a. Two or more visits to a health care provider;
b. Two or more treatments by a health care practitioner (e.g.
physical therapist) on referral from, or under the direction of a
health care provider; or
c. A single visit to a health care provider that results in a regimen
of continuing treatment under the supervision of the health care
provider (e.g. medication therapy).
5. Leave is only permitted for the following reasons:
a. The birth of a child or to care for a newborn of an employee;
b. The placement of a child with an employee in connection with
the adoption or foster care of a child;
c. Leave to care for a child, parent or a spouse who has a serious
health condition; or
d. Leave because of a serious health condition that makes the
employee unable to perform the functions of his/her position.
6. An employee is eligible for leave if the employee:
a. Has been employed for at least 12 months; and
b. Has been employed for at least 1,250 hours during the
12-month period immediately preceding the commencement of
the leave.
7. Eligible employees are entitled to a total of 12 workweeks of leave
during any 12-month period. The 12 workweek period does not
include leave taken for an employee's pregnancy disability pursuant
to Government Code Section 12945.2. An employee's entitlement
to leave for the birth or placement of a child for adoption or foster
care expires 12 months after the birth or placement.
8. Employee Benefits While on Leave: Leave under this policy is
unpaid. While on leave, employees will continue to be covered by
the City of Arcadia's group health insurance to the same extent that
coverage is provided while the employee is on the job. Employees
may make the appropriate contributions for continued coverage
under the proceeding benefit plans by payroll deductions or direct
payments made to these plans. Employee contribution rates are
subject to any change in rates that occurs while the employee is on
leave. If an employee fails to return to work after his/her leave
entitlement has been exhausted or expires, the City of Arcadia shall
have the right to recover its share of health plan premiums for the
entire leave period, unless the employee does not return because
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of the continuation, recurrence, or onset of a serious health
condition which would entitle the employee to leave, or because of
circumstances beyond the employee's control. The City of Arcadia
shall have the right to recover premiums through deduction from
any sums due the City of Arcadia (e.g. unpaid wages, vacation pay,
etc.)
9. If an employee requests leave for any reason permitted under this
policy, he/she must exhaust all accrued leaves (except sick leave)
in connection with the leave. An employee may elect to exhaust
part or all of the employee's sick leave while on an approved Family
Medical Leave to care for a child, parent or spouse. The exhaustion
of accrued leave, and sick leave if any is used, will run concurrently
with the leave under this policy.
If an employee requests leave for his/her own serious health
condition, in addition to exhausting accrued leave, the employee
must also exhaust accrued sick leave.
10.Employees who request leave for their own serious health condition
or to care for a child, parent or a spouse who has a serious health
condition must provide written certification from the health care
provider of the individual requiring care.
If the leave is requested because of the employee's own serious
health condition, the certification must include a statement that the
employee is unable to perform the essential functions of his/her
position.
If the City of Arcadia has reason to doubt the validity of a
certification, the City may require another medical opinion at the
City's expense. When the second opinion differs from the first, the
City may require the opinion of a third provider jointly approved by
the City and the employee, at the City's expense. The opinion of
the third provider will be binding.
If an employee requests leave intermittently (a few days or hours at
a time) or on a reduced leave schedule to care for an immediate
family member with a serious health condition, the employee must
provide medical certification that such leave is medically necessary.
"Medically necessary" means there must be a medical need for the
leave and that the leave can best be accomplished through an
intermittent or reduced leave schedule.
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11.Although the City of Arcadia recognizes that emergencies arise
which may require employees to request immediate leave,
employees are required to give as much notice as possible of their
need for leave. If leave is foreseeable, at least 30 days notice is
required. In addition, if an employee knows that he/she will need
leave in the future, but does not know the exact date(s) (e.g. for the
birth of a child or to take care of a newborn), the employee shall
inform his/her supervisor as soon as possible that such leave will
be needed. If the City of Arcadia determines that an employee's
notice is inadequate or the employee knew about the requested
leave in advance of the request, the City of Arcadia may delay the
granting of the leave until it can, in its discretion, adequately cover
the position with a substitute.
12.Upon expiration of leave, an employee is entitled to be restored to
the position of employment held when the leave commenced, or to
an equivalent position. As a condition of restoration of an employee
whose leave was due to the employee's own serious health
condition, which made the employee unable to perform his/her job,
4 the employee must obtain and present a fitness-for-duty
certification from the health care provider that the employee is able
4 to resume work. Failure to provide such certification will result in
denial of restoration.
4 Section C. TEMPORARY MILITARY LEAVE (Paid and Unpaid)
Any employee who is a member of the reserve corps of the armed forces
of the United States or of the National Guard or the Navy Militia shall be
entitled to a temporary military leave of absence as provided by applicable
Federal law and applicable California State law.
To be eligible for paid leave for thirty (30) calendar days of active military
training, an employee must have been employed by the City for a period
of not less than one (1) year immediately prior to the day on which the
leave of absence begins. If the employee has not been employed for a
period of one year, the leave shall be granted without pay. Pay shall not
exceed thirty (30) calendar days in any one (1) fiscal year.
An employee on paid military leave shall continue to accrue vacation, sick
leave, seniority and/or holiday in the same manner as the employee would
have, had the employee been in a work status.
To be eligible to receive the leave, an employee must submit a request in
writing with a copy of his/her military orders to his/her immediate
supervisor for processing.
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Military and Veteran's Code §§395, 395.01(a), 564 and 566 set forth
provisions for state military reserve personnel employed by public
employers are statutorily entitled to up to 180 days of temporary military
leave for active duty activities with up to 30 days of paid military leave
each fiscal year. When placed on state active duty this is ordered active
duty, which entitles the employee to paid military leave.
State military reserve personnel also generally have a right to extended
leaves of absence and a right to re-employment after lengthy periods of
ordered duty when called to active duty in certain emergency
circumstances and public employees are entitled to receive their pay from
their public employer for the first thirty (30) days of that period of active
Military and Veteran's Code §§143, 146, 395, 395.05, 395.06 and 566.
Before leaving for an extended leave (181 days or more), the employee
must notify the city of his or her intention to return to work upon the
completion of the active duty service. Employees will have ninety (90)
days from completion of extended active service to report back to work to
resume their duties, must submit to the City a copy of the honorable
discharge papers, and pass a medical exam.
Additional military leave provisions were adopted by Council on
November 20, 2001, in Resolution 6268. For military leave covered by this
Resolution, the City will maintain the difference between the employee's
City salary and benefits of the employee while on active military duty.
Although a military leave of absence is not considered a break in service
in relation to seniority, if the employee wishes to have their extended
military service time credited toward 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.
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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.
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3. An employee who has previously requested and was granted approval
of vacation leave for use during the last three (3) months of the
calendar year and is unable to utilize such leave because of the City's
cancellation of leave shall be allowed to carry over the excess leave
time into the next three (3) months of the new calendar year, if
rescheduling of the vacation leave is not possible.
4. Upon termination, vacation used shall be pro-rated against vacation
earned. Every City employee who leaves the City employ for any
reason shall be granted all accumulated vacation or shall be paid
therefore at his rate of compensation applicable at the time he leaves
the City employ. If an employee works 50% of the pay period, the
employee shall receive credit for that pay period's vacation accrual. If
an employee works less than 50% of the pay period, the employee
accrues nothing.
5. Full-time employees represented by this agreement, with the exception
of temporary appointments shall accumulate vacation with pay
beginning with the first full pay period of employment at the rate of 3.07
hours per pay period during the first five years of continuous full-time
employment with the City; at the rate of 4.61 hours per pay period
between the employee's fifth and tenth anniversary date of continuous
full-time employment; at the rate of 5.23 hours per pay period between
the employee's tenth and fifteenth anniversary date of continuous
full-time employment, and at the rate of 6.15 hours per pay period after
fifteen years of continuous full-time employment with the City.
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Every full-time employee represented by this agreement, with the
exception of temporary appointments shall accumulate vacation with
pay beginning with the first full pay period of employment. Vacation
shall be accrued based on years of service as follows:
1-5 years 80 hours
6-10 years 120 hours
11-15 years 136 hours
16+ years 160 hours
Part-time employees represented by this agreement, with the
exception of temporary appointments shall accumulate vacation with
pay beginning with the first full pay period of employment at the rate of
1.54 hours per pay period during the first five years of continuous
employment with the City; at the rate of 2.31 hours per pay period
between the employee's fifth and tenth anniversary date of continuous
employment; at the rate of 2.62 hours per pay period between the
employee's tenth and fifteenth anniversary date of continuous
employment, and at the rate of 3.07 hours per pay period after fifteen
years of continuous employment with the City.
6. Employees may elect to sell back vacation during a calendar year
equal to the amount of vacation taken during the year, by the date of
the request, not to exceed a maximum of 80 hours in the calendar
year.
Section E. SICK LEAVE
1. Every full-time employee represented by this agreement shall accrue
sick leave beginning with the first full pay period of employment on the
basis of 3.693 hours for each pay period of service completed with the
City. Employees may accumulate up to a maximum of 1,500 hours of
sick leave with pay.
2. The City Manager or designee may require a medical examination by a
physician or evidence of the reason for an absence of any employee
during absence on account of illness of such employee.
3. Except as provided hereinafter, sick leave means authorized absence
from duty of an employee who is temporarily disabled and unable to
work due to a medical condition or due to a scheduled medical or
dental appointment during regular working hours. Every effort shall be
made to schedule appointments during non-working hours.
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Employees that are injured on duty, and the injury is recognized as
such by the City or the WCAB, and not eligible to receive salary to
supplement workers' compensation temporary disability benefits under
Section J of this Article, may request that accrued sick leave be paid to
supplement workers' compensation disability payments.
4. Sick leave may be used by an employee when his care and
attendance is required by a family dependent who requires the
employee's presence at the dependent's medical or dental
appointment during regular working hours. Every effort shall be made
to schedule appointments during non-working hours. Family
dependents shall include only dependents currently residing in the
employee's household, or the employee's minor children.
5. The appointing power and City Manager may require evidence of the
reason for any employee's absence caused by illness or death in the
immediate family of the employee during the time for which sick leave
is requested.
6. In case of absence due to illness, the employee shall notify his
department in accordance with departmental rules and explain the
nature of the illness. If an employee is requested to provide a doctor's
certification for their illness or the illness of their dependent(s), the
request for the certification shall be made prior to their return to work.
The appointing power and City Manager may deny or revoke sick
leave if the illness or injury for which it is taken is caused or
substantially aggravated by compensated outside employment.
7. Part-time employees who work more than forty (40) hours in a pay
period shall receive sick leave in the same manner and under the
same conditions as full-time employees at one-half the level of full-time
employees.
8. Upon separation from the City of Arcadia, an employee who works
50% of the final pay period, shall receive credit for that pay period's
sick leave accrual. If an employee works less than 50% of the pay
period, the employee accrues nothing.
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Section F. BEREAVEMENT LEAVE
At the time of death, or where death appears imminent, in the immediate
family, an employee may be granted a leave of absence with pay, upon
approval of the appointing power and the City Manager. Immediate family
is defined as the spouse/domestic partner, the employee or employee's
spouse's mother or stepmother, father or stepfather, brother or sister or
step sibling, child or stepchild, grandparents, grandchildren, or any relative
of the employee or employee's spouse residing in the same household.
Such leave shall be granted based on employee's current work shift up to
a maximum of three (3) shifts; provided, however, if the employee is
required to travel more than three hundred (300) miles from his or her
residence, the employee may take an additional two (2) days which will be
charged to accrued sick leave.
Section G. HOLIDAYS
1. Each employee in a classification represented by this MOU shall be
allowed the following holidays with pay:
New Year's Day January 1
President's Day The third Monday in February
Memorial Day The last Monday in May
Independence Day July 4
Labor Day The first Monday in September
Veteran's Day November 11
Thanksgiving Day The fourth Thursday in November
Day after Thanksgiving Day The Friday following the fourth
Thursday in November
Christmas Eve December 24 (4 hours)
Christmas Day December 25
New Year's Eve December 31 (4 hours)
Every day appointed by the City Council for a public fast, thanksgiving
or holiday.
2. Whenever:
New Year's Day - January 1;
Independence Day - July 4;
Veteran's Day - November 11; or
Christmas Day - December 25
falls on a Saturday or Sunday, the Friday preceding or the Monday
following, respectively, shall be a holiday.
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3. In lieu of Citywide holidays to celebrate Dr. Martin Luther King Jr.'s
birthday and Admissions Day, full time employees shall receive two (2)
eight (8) hour floating holidays to be scheduled by the employee in the
same manner as vacation leave. Additionally, full time employees shall
receive an eight (8) hour floating holiday for his/her birthday to be
scheduled by the employee in the same manner as vacation leave.
Floating holidays shall not carry over into subsequent fiscal years and
failure to schedule a floating holiday in the fiscal year in which it is
earned shall result in its loss. If the City adopts Dr. Martin Luther King,
Jr.'s birthday as a fixed Citywide holiday or it re-adopts Admission Day
as a fixed Citywide holiday, the floating holiday(s) based thereon shall
cease and eligible employee shall receive the fixed Citywide holiday(s).
Full time employees in the unit employed on July 1 of the fiscal year
shall conditionally accrue twenty-four (24) hours of floating holiday.
If the employee uses floating holiday leave and separates from City
employment before the date upon which the floating holiday is based
(Dr. Martin Luther King, Jr.'s birthday, Admission Day and/or the
Employee's birthday), said floating holiday leave shall be repaid to the
City through payroll deduction. Employees hired after the beginning of
the fiscal year shall accrue floating holiday only if the employee is
employed before the date on which the floating holiday is based
(Dr. Martin Luther King, Jr.'s birthday, Admission day and/or the
Employee's birthday). As an example, an employee hired on July 15,
whose birthday is August 5, would receive a floating holiday for his
birthday, Admission Day and Dr. Martin Luther King, Jr.'s birthday for
that fiscal year. However, if that same employee was hired on March
15, the employee would not receive any floating holiday benefit for that
fiscal year.
4. An employee required to work or attends a class or function on any
holiday allowed to him by this Section shall be paid for the holiday, and
in addition, he shall be compensated in accordance with the applicable
overtime rules. A holiday allowed by this Section occurring during any
leave of absence with pay shall be added to the number of working
days' leave of absence to which such employee is entitled.
5. For full-time employees assigned to an alternate work week, and
scheduled to work 9 or more hours, but for the holiday would have
been scheduled to work 9 or more hours, the employee may use
accrued vacation time, accrued comp time, floating holiday time or
unpaid leave to make up any difference between the provided nine
hours of holiday pay and the actual number of regularly scheduled
working hours for a designated holiday. For example, if a holiday falls
on a day an employee is scheduled to work ten (10) hours, the
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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
4 floating holiday must be used by the end of the fiscal year in which it is
granted or it shall be forfeited.
4 Salary for the holiday shall be paid during the pay period in which the
holiday occurs.
7. Represented part-time employees who work more than forty (40) hours
in a pay period shall receive holidays in the same manner and under
the same conditions as full-time employees at one-half the level of
full-time employees.
Section H. JURY LEAVE
When an employee is called or required to serve as a juror, attendance
shall be deemed a leave of absence with full pay. The City will
compensate jury service up to eighty (80) hours per year. All hours in
excess of eighty (80) shall not be compensated. The employee shall remit
to the City all fees received except mileage. For employees assigned to an
alternate work week, pay for jury duty shall not be provided on regularly
scheduled days off. When released from any day of service more than
two (2) hours prior to the end of the normal work schedule, an employee
shall report as soon as practical to full duty.
Section I. COURT WITNESS LEAVE
An employee who is subpoenaed or required to appear in court as a
witness shall be deemed to be on leave of absence. With approval of the
appointing power and City Manager, an employee may be granted leave
with pay during his required absence. The employee shall remit to the City
fees received except mileage. A paid leave of absence shall not be
granted for time spent in Court on personal cases.
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Section J. INDUSTRIAL ACCIDENT LEAVE
1. Industrial accident leave shall be granted only to employees with three
or more full years of continuous service with the City.
2. Industrial accident leave shall be allowed for a maximum of ten months
from and after the date of injury. Industrial accident leave shall be
equivalent to the employee's regular base salary and any temporary
disability compensation payment required by law shall be deducted
from the industrial accident leave payment. Lost time due to an injury
on duty shall not be charged against an employee's accumulated sick
leave after all industrial accident leave is expended.
3. Compensation shall continue until the employee returns to work,
industrial accident leave is exhausted, or it is medically determined that
there is a permanent disability which precludes return to regular duties,
whichever occurs first.
4. The City reserves the right to require an employee to furnish proof from
a physician of the cause and necessity of absence during an industrial
accident leave.
5. "Industrial accident" as used in this Article, is defined as any illness or
injury arising directly out of the employment of the employee which
forces the employee to absent himself/herself from work upon the
advice of a physician. The determination of whether an illness or injury
results from an industrial accident shall be made by the City in
consultation with its Workers' Compensation administrators.
ARTICLE XVII PROBATIONARY PERIOD
Section A. The probationary period is part of the examination process. It is a work-
test period during which the employee's performance and conduct on the
job are evaluated to determine whether or not the employee is fully
qualified for permanent appointment.
During the probationary period, a probationer may be released, or
demoted if permanent status is held in a lower classification, without the
right of appeal, if the appointing power deems the probationer unfit or
unsatisfactory for service.
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When a provisional appointment is made to a probationary position and
subsequently the appointee is appointed to the position as a probationary
employee, with no time interval between the provisional and probationary
appointment, the "employment date" as herein defined, shall be the date
first appointed on a provisional basis.
Section B. All eligible candidates appointed to a position from an open competitive
examination and who are not currently employed in a permanent position
shall be on probation for twelve (12) months before attaining permanent
status.
Eligible candidates appointed from a promotional list to these
classifications shall be on probation twelve (12) months before attaining
permanent status.
Section C. Eligible candidates appointed from a promotional list shall be on probation
for six (6) months before attaining permanent status.
Section D. Probationary period may be extended for a one six (6) month period with
the approval of the Human Resources Administrator.
Section E. A probationary employee who is holding a promotional position shall have
the right to demotion to the classification in which he/she holds a
permanent appointment, unless he/she was discharged for cause from
City employment.
ARTICLE XVIII SPECIAL PAY
Section A. ACTING PAY
Any employee in the unit who is required, in writing, to work five (5)
consecutive working days or longer in a higher classification which is
vacant due to sick leave, injury leave, vacation, termination or move up
due to acting pay shall receive the following acting pay retroactive to the
first day of the assignment:
1. Five percent (5%) above their current rate of pay or A step of the
higher classification, whichever is higher; or
2. Should such percentage exceed the top step of the range for the
higher classification, the employee shall receive compensation at
the top step of the higher classification.
Nothing contained herein shall apply to an employee who is being trained
by the City to qualify for a higher classification.
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Section B. CALL-BACK PAY
If a unit member is required while off duty to report back to work on a call-
out, he/she shall receive a minimum of two (2) hours pay at straight time
or the hours actually worked at the appropriate rate of compensation,
whichever is greater. Call back pay shall commence upon the arrival of the •
employee at the work site.
Section C. BILINGUAL PAY
A maximum of nine (9) employees may be certified as bilingual by the
City. Once certified, the employee shall receive a bilingual pay stipend of
$37.10 per pay period.
Any employee who is not certified as bilingual by the City shall not be
required to use a language other than English. However, when a member
of the public, who does not speak English, asks an employee for
assistance in a language other than English that the employee
understands, the employee shall make a reasonable effort to
communicate with the member of the public in a polite and professional
manner.
I
ARTICLE XIX LAYOFFS
Section A. LAYOFF PROCEDURE
The City Manager or appointing power may lay off an employee because
of change in duties or organization, deletion of service, adverse working
conditions, shortage of work or funds or return of employees from
authorized leave of absence.
The order of layoff shall be based on performance (outlined in Section C
below), and in the reverse of total cumulative time served in the same
classification upon the date established for the layoff to become effective.
The order of employee layoff in a department shall be as follows:
temporary, provisional, probationary, permanent. The employee in the
class with the least seniority in the department will be laid off and may
exercise bumping rights, if any, to the least senior incumbent in the class
in the City. However, if a vacancy exists in the class, there will be no
bumping and the employee who is to be laid off will be reassigned to the
vacant position.
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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 (6)
month probationary period. If the employee fails the probationary period
the employee shall then be placed on the re-employment list, and the
employee who was laid off shall be reinstated.
Section B. RE-EMPLOYMENT LIST
The names of employees shall be placed upon re-employment lists in the
reverse order of the layoff. Re-employment lists shall remain effective for
eighteen (18) months from the effective date of separation from service.
Failure of the employee on the re-employment list to provide the City their
current address shall result in the employee's name being removed from
the eligibility list.
Section C. DEFINITIONS
1. Employee — Permanent full-time and permanent part-time worker of
the City of Arcadia who has been employed by the City for twelve
consecutive months.
2. Layoff — Permanent separation from employment with the City as a
result of a work reduction.
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3. Performance — The rating received by the employee from the City of
Arcadia's evaluation process. For the purposes of layoffs, seniority will
only be disregarded if an employee's overall performance evaluation
rating in any one of the last three years is below proficient. In such
case, the layoff shall be based upon performance.
4. Work Reduction — A decrease in the level of service or amount of
product output by the City.
ARTICLE XX PERSONNEL FILES
Section A. The City shall maintain a central personnel file for each employee in the
Human Resources Office. Supervisors may maintain working personnel
files.
If a supervisor maintains a working personnel file, copies of written
material which is to be used as a basis for employee discipline shall be
sent to the central personnel file and given to the employee.
Copies of performance evaluations and/or disciplinary actions shall not be
entered in the file, until the employee is given a copy and an opportunity to
review and comment thereon. The employee shall be given an opportunity
during working hours to initial, date, and file a written response to the
material. The written response shall be attached to the material.
Copies of letters of commendation and/or certificate of commendation
from the City Council or City Manager shall be placed in the employee's
personnel file.
An employee or their designated representative (in writing) shall have the
right to examine and/or obtain copies at the employee's expense, of any
material from the employee's personnel file with the exception of material
that includes ratings, reports and records which were obtained prior to the
employment of the involved employee.
Section B. Discipline older than three (3) years will not be considered in promotional
recruitments.
Section C. WRITTEN REPRIMAND REVIEW
The City agrees to a non-binding review of written reprimands for unit
members by the Human Resources Administrator or designee.
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ARTICLE XXI EMPLOYEE GRIEVANCES
Section A. DEFINITIONS
1. Grievance — A grievance is an allegation by an employee(s) of a
misinterpretation or misapplication of any express provision of the
applicable Memorandum of Understanding or City and/or Department
Personnel Rules and Regulations where there is no other specific
method of review provided by City law.
2. Grievant — An employee or group of employees in the classified
service adversely affected by an act or omission by the City allegedly
in violation of an express provision of the Memorandum of
Understanding or City and/or Department Personnel Rules and
Regulations.
3. Department Head — The department head or designee.
4. Work day — A work day is any day the City offices are regularly open
for business.
5. Exclusions from the Grievance Procedure:
a. The procedure is not to be used for the purpose of changing
wages, hours and working conditions. Allegations involving wages,
hours and working conditions may thus be grieved only if the
grievance involves a misapplication or misinterpretation of an
express provision of the MOU or a City/Department Personnel
Rules and Regulations.
b. The procedure is not intended to be used to challenge the content
of employee evaluations or performance reviews. Allegations that
the City has failed to comply with an evaluation procedure set forth
in a specific provision of the MOU and/or City/Department
Personnel Rules and Regulations are grievable.
c. The procedure is not intended to be used to challenge a
reclassification, layoff, transfer, denial of reinstatement, or denial of
a step or merit increase. Notwithstanding the above, if the process
used to reach the foregoing decisions is not in compliance with an
express provision of the MOU and/or City/Department Personnel
Rules and Regulations, a grievance may be filed.
d. The procedure is not intended to be used in cases of oral or written
reprimand, demotion, suspension, removal or other disciplinary
action. Appeals of disciplinary actions are covered by the City's
Personnel Rules and Regulations.
e. The procedure is not to be used to challenge examinations or
appointment to positions. Notwithstanding the above, if the process
42
used to reach the foregoing decisions is not in compliance with an
express provision of the MOU and/or City/Department Personnel
Rules and Regulations, a grievance may be filed.
Section B. TIMELINESS
The grievance must be filed by the employee within the timelines set forth
herein. Failure of the employee to file the initial grievance or process the
grievance from one level to another in a timely manner is a forfeiture of the
grievance and the grievance will not be processed further.
If the City fails to respond in a timely manner, the employee may proceed
to the next level.
Section C. EMPLOYEE REPRESENTATION
The employee may be represented by a person of his or her choice to
prepare and present the grievance. The employee may use a reasonable
amount of released time to process the grievance. The release time must
be approved by the Department Head.
Section D. INFORMAL GRIEVANCE PROCEDURE
Within fifteen (15) working days following the event, or within fifteen (15)
working days after the employee should reasonably have known of the
4 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.
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A copy of the grievance shall be provided to the Human Resources
Division of the Administrative Services Department concurrently with
presentation to the immediate supervisor.
The next level supervisor shall render a decision in writing, on the
grievance form, within ten (10) working days after receiving the
grievance.
2. Department Head Review
If the employee does not agree with the decision of the next level
supervisor, within ten (10) working days after receiving the next level
supervisor's decision or twenty (20) days from the date the next level
supervisor received the grievance but failed to issue a decision, the
employee shall present the grievance in writing, on the grievance form,
to the department head.
The department head may require the employee and the immediate
supervisor to attend a grievance meeting. The department head shall
communicate a decision in writing within ten (10) working days of
receiving the grievance or within ten (10) working days of holding a
grievance meeting whichever is longer.
3. Human Resources Administrator
If the employee is not in agreement with the decision reached by the
department head, within ten (10) working days after receiving the
department head's decision or twenty (20) days from the date the
department administrator received the grievance but failed to issue a
decision, the employee shall present the grievance in writing to the
Human Resources Administrator on the official City grievance form.
The Human Resources Administrator may require the employee and
the immediate supervisor to attend a grievance meeting. The Human
Resources Administrator shall communicate a decision in writing within
ten (10) working days of receiving the grievance or the holding of a
grievance meeting whichever is longer.
4. Human Resources Commission
If the employee is not in agreement with the decision of the Human
Resources Manager or if the Human Resources Administrator has
failed to respond, the employee shall present the grievance to the
Human Resources Commission within ten (10) working days from the
date of receipt of the Human Resources Administrator's decision or
twenty (20) days from the date the Human Resources Administrator
received the grievance but failed to issue a decision.
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1
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
4 subpoenas for current City employees. It will be the responsibility of
the employee or the City to serve subpoenas on individuals who
4 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
45
not identified pursuant to this section nor use any exhibit not
provided pursuant to this section unless that party can show that
they could not reasonably have anticipated the prior need for such
witness or such exhibit.
c. Statement of Issues
Five (5) working days prior to the date set for the hearing, each
party shall submit to the Human Resources Division of the
Administrative Services Department a Statement of Issues.
4. Submission to the Human Resources Commission
Five (5) working days prior to the date set for the hearing, the Human
Resources Division of the Administrative Services Department shall
present each member of the Human Resources Commission with a
copy of the jurisdictional documents. Those documents include the
grievance documents at each level and the responses to the
grievance.
5. Payment of Employee Witnesses
Employees of the City who are subpoenaed to testify during working
hours will be released with pay to appear at the hearing. The
Commission may direct that these employees remain on call until
called to testify. Employees who are subpoenaed to testify during non-
working hours will be compensated for the time they actually testify,
unless the City agrees to a different arrangement.
6. Conduct of the Hearing
a. The hearing need not be conducted in accordance with technical
rules relating to evidence and witnesses but hearings shall be
conducted in a manner most conducive to determination of the
truth.
b. Any, relevant evidence may be admitted if it is the type of evidence
on which responsible persons are accustomed to rely in the
conduct of serious affairs, regardless of the existence of any
common law or statutory rules which might make improper the
admission of such evidence over objection in civil actions.
c. Hearsay evidence may be used for the purpose of supplementing
or explaining any direct evidence that shall not be sufficient in itself
to support a finding unless it would be admissible over objection in
civil actions.
d. The rules dealing with privileges shall be effective to the same
extent that they are now or hereafter may be recognized in civil
actions.
e. Irrelevant and unduly repetitious evidence may be excluded.
46
f. The Human Resources Commission shall determine relevancy,
weight and credibility of testimony and evidence. Decisions made
by the Commission shall not be invalidated by any informality in the
proceedings.
g. During examination of a witness, all other witnesses, except the
parties, shall be excluded from the hearing upon motion of either
party.
h. The Human Resources Commission may conduct the hearing or
delegate evidentiary and/or procedural rulings to its legal counsel.
7. Burden of Proof
In a grievance appeal the grievant has the burden of proof by
preponderance of the evidence.
8. Proceed with Hearing or Request for Continuance
Each side should be asked if it is ready to proceed. If either side is not
ready and wishes a continuance, good cause must be stated. Any
request for a continuance must be made in writing and submitted prior
to the hearing to all parties. Before requesting a continuance, the
moving party shall contact all parties to determine if there is any
opposition to the continuance and shall state in its request if there is
opposition.
9. Testimony under Oath
All witnesses shall be sworn in for the record prior to offering testimony
at the hearing. The chairperson will request the witnesses to raise their
right hand and respond to the following:
"Do you swear that the testimony you are about to give at this hearing
is the truth, the whole truth and nothing but the truth?"
10.Presentation of the Case
The hearing shall proceed in the following order unless the Human
Resources Commission for special reason, directs otherwise:
a. The Human Resources Chair shall announce the issues after a
review of the statement of issues presented by each party.
b. The grievant (employee) shall be permitted to make an opening
statement.
c. The respondent (City) shall be permitted to make an opening
statement, or reserve an opening statement until presentation of its
case.
d. The grievant shall produce his/her evidence.
e. The respondent may then offer its evidence.
f. The grievant followed by the respondent may offer rebutting
evidence.
47
g. Closing arguments shall be permitted at the discretion of the
Human Resources Commission. The party with the burden of proof
shall have the right to go first and to close the hearing by making
the last argument. The Commission may place a time limit on
closing arguments. The Commission or the parties may request the
submission of written briefs. After the request for submittal of
written briefs, the Commission will determine whether to allow the
parties to submit written briefs and determine the number of pages
of said briefs.
11.Procedure for the Parties
The party representing the department and the party representing the
employee will address their remarks, including objections, to the Chair
of the Human Resources Commission. Objections may be ruled upon
summarily or argument may be permitted. The Chair reserves the right
to terminate argument at any time and issue a ruling regarding an
objection or any other matter, and thereafter the representatives shall
continue with the presentation of their case.
12.Right to Control Proceedings
While the parties are generally free to present their case in the order
that they prefer, the Chair reserves the right to control the proceedings,
including, but not limited to, altering the order of witnesses, limiting
redundant or irrelevant testimony, or by the direct questioning of
witnesses.
13.Hearing Demeanor and Behavior
All parties and their attorneys or representatives shall not, by written
submission or oral presentation, disparage the intelligence, ethics,
4 morals, integrity or personal behavior of their adversaries or members
of the Commission.
14.Deliberation Upon the Case
The Commission will consider all oral and documentary evidence, the
credibility of witnesses, and other appropriate factors in reaching their
decision. The Commission may deliberate at the close of the hearing in
closed session or at a later fixed date and time not to exceed ten (10)
working days.
15.Recommended Decision
The Human Resources Commission shall render its recommendations
as soon after the conclusion of the hearing as possible, and no event,
later than ten (10) working days after concluding the hearing, unless
otherwise stipulated to by the parties. The recommended decision shall
include an explanation of the basis for the decision.
48
The Human Resources Commission shall not be polled as to their
decision by the grievant or the grievant's counsel.
16.Recommendation to the City Manager
The decision of the Human Resources Commission is advisory to the
City Manager. The proposed decision shall be provided to the grievant
and the City Manager.
Either the employee or the department may file a written appeal to the
proposed decision, by filing exceptions thereto with the Human
Resources Administrator within ten (10) days of receipt of the
Commission's recommended decision.
The party desiring to contest the recommended decision of the
Commission may also request a transcript for review by the City
Manager within ten (10) working days of the Commission's decision. If
the appealing party requests a transcript, that party shall pay the cost
of the transcript.
17.Final Action by City Manager
Within ten (10) working days of the filing of exceptions, or within ten
(10) days of receipt of the transcript, the City Manager shall review the
decision of the Commission, any exceptions filed, and a record, if one
is requested. The decision of the City Manager shall be final. The
decision shall be transmitted to the employee and to the department
head.
ARTICLE XXII DISCIPLINARY ACTIONS
Section A. SUSPENSION, SALARY REDUCTION, DEMOTION AND DISMISSAL
The appointing powers are vested with the right to discipline or to dismiss
permanent employees as provided by this section.
A permanent employee holding a position in the classified service shall be
subject to suspension without pay, salary reduction, demotion or
dismissed for cause. A permanent employee in the classified service shall
have the right to appeal the suspension without pay, demotion, or
dismissal to the Human Resources Commission. If the appeal is timely,
filed, a hearing will be scheduled by the Human Resources Commission.
Probationary employees are subject to demotion or dismissal without
cause or right to a hearing.
49
Section B. NOTIFICATION AND APPEAL PROCEDURE
A permanent employee who is being suspended, reduced in pay, demoted
or dismissed shall receive from the appointing power a written statement
of the charge(s) upon which the discipline is based, the City rule(s), policy
or regulation violated, together with any written evidence and/or witness
statements the City is relying upon to support the statement of charges.
The discipline letter shall be hand delivered, either by personal service or
by the City sending the notice by Registered Mail as provided herein
above, the employee shall have 30 calendar days within which to file with
the Human Resources Administrator a written request for an appeal
hearing before the Human Resources Commission.
The employee may also elect to file a written answer to the statement of
charges at this time. A copy of the disciplinary letter together with any
attachments and the employee's answer shall be given to the Human
Resources Commission.
An evidentiary hearing shall be scheduled by the Human Resources
Commission. In any hearing regarding suspension, demotion or discharge
of a permanent employee, the appointing power has the burden of proof.
The strict rules of evidence shall not apply to disciplinary hearing
conducted by the Human Resources Commission. Evidence both oral and
in writing may be submitted by each party. Witnesses shall be sworn and
subject to cross examination.
The employee who is being disciplined shall testify if called as a witness.
Upon request, the employee is entitled to an open or closed hearing.
Section C. SALARY REDUCTION
An employee may be disciplined by reduction in compensation to any step
in the salary scale applicable to the employee's current classification or to
the classification to which the employee is demoted.
Section D. UNAUTHORIZED ABSENCE
Unauthorized leaves of absence are cause for immediate dismissal.
50
ARTICLE XXIII DISCIPLINARY ACTIONS — FULL-TIME AND PERMANENT
PART-TIME UNCLASSIFIED EMPLOYEES
The parties agree to provide all full-time unclassified and part-time benefited members
paying dues to the bargaining group the right to request and be granted a meeting with
the City Manager to answer to charges in a disciplinary action that may be expected to
result in loss of pay or termination.
Full-Time Unclassified Positions
Records/Legal Technician
Communications & Marketing Specialist
Deputy City Clerk
Part-Time Benefited Positions
Information Systems Specialist
Librarian
Library Technician I & II
Museum Education Coordinator
Office Assistant
Senior Citizen Project Specialist
Senior Citizen Program Specialist
Senior Library Technician
.
I
51
ARTICLE XXIV FULL UNDERSTANDING
Section A. This Memorandum of Understanding and attached side-letters contains all
the covenants, stipulations and provisions agreed upon by the parties and
any other prior existing understanding or Agreements by the parties,
whether formal or informal, regarding any such matters are hereby
superseded or terminated in their entirety.
It is the intent of the parties that this Agreement be administered in its
entirety in good faith during its full term. The Association recognizes that
during such term it may be necessary for Management to make changes
in rules or procedures affecting the employees in the unit and that the City
will meet and confer as required by law, before implementing changes.
For the life of this agreement it is agreed and understood that the
Association hereto voluntarily and unqualifiedly waives its rights and
agrees that the City shall not be required to meet and confer with respect
to any subject or matter whether referred to or covered in this Agreement
or not during the term of this Agreement. The parties may mutually agree
in writing to meet and confer on any subject contained in this agreement
during the life of this Agreement.
Section B. The parties hereto have caused the Memorandum of Understanding to be
executed this day of , 2018.
ARCADIA CITY EMPLOYEES CITY OF ARCADIA
ASSOCIATION
Cara Wilhelm Dominic Lazzaretto
President City Manager
52
2018-2020 NEGOTIATION TEAMS
ACEA NEGOTIATION TEAMS CITY REPRESENTATIVES
Patricia Auriemmo, Jason Kruckeberg,
Member-at-Large Assistant City Manager/
Development Services Director
Margaret Lindstrom,
Member-at-Large Hue Quach,
Administrative Services Director
Anabel Carillo,
Treasurer Michael Bruckner,
Assistant to the City Manager
Alicia Salce,
Director Shama Curian,
Human Resources Administrator
Jill Perumean,
Secretary
Shelly Polifka,
ACEA Vice-President
Cara Wilhelm,
4 ACEA President
I
53
Exhibit'B"
LETTER OF AGREEMENT
BETWEEN
THE CITY OF ARCADIA
AND
ARCADIA CITY EMPLOYEES ASSOCIATION
The City of Arcadia and the Arcadia City Employees Association (ACEA) agree to
amend Article All, Section A, Stability PaviLonaevity Pay of the 2011-2014 MOU as
follows:
Section A. STABILITY PAY
Stability Pay is applicable only to employees who were hired prior to January 1, 1984.
The plan pays $25 per year for each year of consecutive service up to a maximum of
twenty years (20) of service, where the maximum attainable is $500.
Cash Stability payments are made once a year between December 1, and December
10, only to employees on the payroll as of December 1. Stability Payments win 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.
►`. • •,� ' -- $-5-1( P�rwr-�.--' e/+7/u1
Shell C-olifka Date Don Penman Date
ACEA President City Manager
EXHIBIT "A"
LETTER OF AGREEMENT
BETWEEN
THE CITY OF ARCADIA
AND
ARCADIA CITY EMPLOYEES ASSOCIATION
The City of Arcadia and the Arcadia City Employees Association (ACEA) agree
to amend Article XVI "Leaves of Absence" of the 2014-18 ACEA MOU by
amending Section E. Sick Leave as follows:
Section E. Sick Leave
1. Every full-time employee represented by this agreement shall accrue paid
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 or 1 hour for every 30 hours worked, whichever is greater. The
maximum accrual per year is 96 hours.
Paid sick leave will carry over each year of employment. Employees may
accumulate up to a maximum of 1,500 hours of sick leave with pay.
2. If paid sick leave is taken for the diagnosis, care, or treatment of an
existing health condition of, or preventative care for, an employee or an
employee's family member, the City Manager or designee may require an
employee to provide medical certification or evidence of the reason for a
sick leave absence that occurs after the employee has used the first 24
hours or 3 days, whichever is greater depending on the employee's
regular scheduled work day, of paid sick leave in a year of employment.
The City Manager or designee may require a medical examination by a
physician after the employee has used the first 24 hours or 3 days,
whichever is greater depending on the employee's regular scheduled work
day, of paid sick leave in a year of employment if the medical examination
is job related and consistent with business necessity. If the City requests
medical certification, the request for the certification shall be made prior to
the employee's return to work.
For leave pertaining to an employee who is a victim of domestic violence,
sexual assault, or stalking, the City Manager or designee may request
certification for unscheduled absences beginning on the first day of paid
sick leave.
3. Except as provided hereinafter, sick leave means paid authorized absence
from duty of an employee due to one of the following:
• Diagnosis, care, or treatment of an existing health condition of,
or preventive care for, an employee;
• Diagnosis, care, or treatment of an existing heath condition of,
or preventive care, for an employee's family member includes
parent (biological, adoptive, foster parent, step parent, legal
guardian or a person who stood loco parentis when employee
was a child), child (biological, adoptive, foster child, step child,
legal ward, or a child to whom the employee stands loco
parentis regardless of age or dependency status), spouse,
registered domestic partner, parent-in-law, sibling, grandchild or
grandparent; or
• For an employee who is a victim of domestic violence, sexual
assault, or stalking for the purposes described in Labor Code
sections 230(c) and 230.1(a).
An employee will make a reasonable effort to schedule medical
4 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. Kin Care Leave: In addition to the prescribed purposes of paid sick leave
in Section E. 3, an employee may use up to one-half of his/her annual
accrual of sick leave to care for and attend to a family member who is ill,
Every effort shall be made to schedule medical appointments for an ill
family member during non-working hours. Family members for purposes
of Kin Care leave shall include parent (biological, adoptive, foster parent,
step parent, or legal guardian), child (biological, adoptive, foster child, step
child, legal ward, a child of a registered domestic partner, or a child to
whom the employee stands loco parentis regardless of age or
dependency), spouse, or registered domestic partner.
5. In case of absence due to illness, if the paid sick leave is foreseeable, the
employee shall notify his/her department within reasonable advance
notice and explain the nature of the illness. If the paid sick leave is
unforeseeable, the employee shall provide notice of the need for the leave
as soon as possible. The minimum increment of use of paid sick leave
shall be 30 (thirty) minutes.
The appointing power and City Manager may discipline an employee if
sick leave is used for an inappropriate purpose.
6. If an employee separates from employment with the City and is rehired
within one year from separation, up to 48 hours or 6 days, whichever is
greater depending on the employee's regular scheduled work day, of
accrued and unused sick leave will be reinstated.
7. Part-time employees who work forty (40) or more hours in a pay period
shall receive sick leave under the same conditions as full-time employees
on the basis of one-half the level of full-time employees (1.847 hours) for
each pay period of service completed with the City or 1 hour for every 30
hours worked, whichever is greater.
Due to system constraints, part-time employees who work sixty (60) or
more hours in a pay period shall continue to receive sick leave under the
same conditions on the basis of 1.847 hours for each pay period of
service. Semi-annually, hours will be reviewed to determine whether
additional accrual of hours need to be adjusted to comply with 1 hour for
every 30 hours worked.
The maximum accrual per year is 48 hours.
8. Upon separation from the City of Arcadia, an employee who works in their
final pay period, shall receive credit for that pay period's sick leave accrual
based on the following:
Full-Time:
0 to 29 hours: No accrual
30 to 39 hours: 1 hour
40 and above: 3.693 hours
Part-Time:
0 to 29 hours: No accrual
30 to 39 hours: 1 hour
40 and above: 1.847 hours
Unused sick leave is not cashed out upon termination, resignation,
retirement, or other separation from employment. Unused sick leave may
be converted to retirement service credits, as may be permitted under
applicable retirement system laws and regulations.
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Shelly
291
Shelly P fka Date Dominic Lazzar- : ate
ACEA President City Manager
LETTER OF AGREEMENT
BETWEEN
THE CITY OF ARCADIA
AND
ARCADIA CITY EMPLOYEES ASSOCIATION
The City of Arcadia and the Arcadia City Employees Association (ACEA) agree to
amend Article XV "Uniforms" of the 2014-18 ACEA MOU by incorporating Section D. as
follows:
ARTICLE XV UNIFORMS
Section A. Upon hire, the City shall provide the following employees with five (5)
shirts:
'Public Works Inspector
'Code Services Officer
'Combination Inspector
4 Upon hire, the City shall provide the following employees with four (4) sets
of uniforms consisting of long sleeve shirt, short sleeve shirt, pants/skirt,
cross-tie/tie, and one sweater or one medium weight uniform jacket.
4
'Fire Inspector
•Fire Administration Specialist
'Administrative Assistant(assigned to the Fire)
Uniforms shall be replaced on an as needed basis, pursuant to
department procedures.
All employees represented by this MOU shall receive one (1) Polo shirt
yearly.
Section B. Upon termination of employment the employee shall turn in all uniforms
issued or shall have a dollar amount equal to the lost uniform cost
deducted from the employee's final check.
Section C. The City shall provide a safety shoe allowance up to a maximum of $125
per fiscal year for each employee in the following classifications:
Combination Inspector, Code Services Officer, Fire Inspector, and Public
Works Inspector.
The City shall designate safety shoe standards for the above
classifications. A purchase order, not to exceed the maximum fiscal year
amount referred to above, shall be provided upon the employee's request.
Once the employee has purchased safety shoes in this manner, the safety
shoe shall be required footwear. Wearing of safety shoes is limited to City
work hours.
Section D. For the duration of the Agreement, Uniforms shall be provided to
employees currently receiving uniforms under the same conditions
specified in the City's present Memorandum of Understanding. The City
shall continue to report an amount up to $168.00 per year to CaIPERS as
special compensation for Uniform Allowance to the extent permitted by
law. "New Members" as defined under the Public Employee's Pension
Reform Act of 2013 will not have the value of the uniforms reported as
special compensation,
62,--/—(-5— 49— 617-ciliC
Shelly Oolifka Date Dori azzarettd Date
ACEA President City Manager
LETTER OF AGREEMENT
BETWEEN
THE CITY OF ARCADIA
AND
ARCADIA CITY EMPLOYEES ASSOCIATION
The City of Arcadia and the Arcadia City Employees Association (ACEA) agree to
amend Article XVI "Leaves of Absence" of the 2014-18 ACEA MOU by amending
Section G. Holidays as follows:
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 Jr.'s
birthday and Admissions Day, full time employees shall receive two (2)
eight (8) hour floating holidays to be scheduled by the employee in the
same manner as vacation leave. Additionally, full time employees shall
receive an eight (8) hour floating holiday for his/her birthday to be
scheduled by the employee in the same manner as vacation leave.
Floating holidays shall not carry over into subsequent fiscal years and
failure to schedule a floating holiday in the fiscal year in which it is
earned shall result in its loss. If the City adopts Dr. Martin Luther King,
Jr.'s birthday as a fixed Citywide holiday or it re-adopts Admission Day
as a fixed Citywide holiday, the floating holiday(s) based thereon shall
cease and eligible employee shall receive the fixed Citywide holiday(s).
Full time employees in the unit employed on July 1 of the fiscal year
shall conditionally accrue twenty-four (24) hours of floating holiday.
If the employee uses floating holiday leave and separates from City
employment before the date upon whichthe floating holiday is based
(Dr. Martin Luther King, Jr.'s birthday, Admission Day and/or the
Employee's birthday), said floating holiday leave shall be repaid to the
City through payroll deduction. Employees hired after the beginning of
the fiscal year shall accrue floating holiday only if the employee is
employed before the date on which the floating holiday is based
(Dr. Martin Luther King, Jr.'s birthday, Admission day and/or the
Employee's birthday). As an example, an employee hired on July 15,
whose birthday is August 5, would receive a floating holiday for his
birthday, Admission Day and Dr. Martin Luther King, Jr.'s birthday for
that fiscal year. However, if that same employee was hired on March
15, the employee would not receive any floating holiday benefit for that
fiscal year.
4 4. An employee required to work or attends a class or function on any
holiday allowed to him by this Section shall be paid for the holiday, and
in addition, he/she shall be compensated in accordance with FLSA's
4 (Fair Labor Standards Act) applicable overtime rules in calculating
regular rate of pay. The regular rate of pay calculation includes
Longevity Pay. 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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Shelly `�:lifka Date Dominic Lazza Date
ACEA President City Manager
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