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Home My WebLink AboutItem 12c - Memoranda of Understanding Establishing CompensationMemoranda of Understanding with Represented Groups September 21, 2021 Page 1 of 6 DATE: September 21, 2021 TO: Honorable Mayor and City Council FROM: Dominic Lazzaretto, City Manager Jason Kruckeberg, Assistant City Manager/Development Services Director Hue C. Quach, Administrative Services Director By: Shama P. Curian, Human Resources Administrator SUBJECT: RESOLUTIONS APPROVING MEMORANDA OF UNDERSTANDINGS ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR THE REPRESENTED EMPLOYEE GROUPS, AND RESOLUTION NO. 7389 AMENDING THE FISCAL YEAR 2021-22 GENERAL FUND OPERATING BUDGET AUTHORIZING A BUDGET APPROPRIATION FOR COSTS ASSOCIATED WITH THE ADOPTION OF THE MEMORANDA OF UNDERSTANDINGS. RESOLUTION NO. 7379 APPROVING A MEMORANDUM OF UNDERSTANDING ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR EMPLOYEES REPRESENTED BY THE ARCADIA POLICE CIVILIAN EMPLOYEES’ ASSOCIATION, FOR JULY 1, 2021, THROUGH JUNE 30, 2024. Recommendation: Adopt RESOLUTION NO. 7380 APPROVING A MEMORANDUM OF UNDERSTANDING ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR EMPLOYEES REPRESENTED BY THE ARCADIA CITY EMPLOYEES’ ASSOCIATION, FOR JULY 1, 2021, THROUGH JUNE 30, 2024. Recommendation: Adopt RESOLUTION NO. 7381 APPROVING A MEMORANDUM OF UNDERSTANDING ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR EMPLOYEES REPRESENTED BY THE ARCADIA PUBLIC WORKS EMPLOYEES’ ASSOCIATION, FOR JULY 1, 2021, THROUGH JUNE 30, 2024. Recommendation: Adopt Memoranda of Understanding with Represented Groups September 21, 2021 Page 2 of 6 RESOLUTION NO. 7389 AMENDING THE FISCAL YEAR 2021-22 GENERAL FUND OPERATING BUDGET AUTHORIZING A BUDGET APPROPRIATION IN THE AMOUNT OF $955,818 FOR COSTS ASSOCIATED WITH ADOPTION OF THE ARCADIA POLICE CIVILIAN EMPLOYEES’ ASSOCIATION, THE ARCADIA CITY EMPLOYEES’ ASSOCIATION, AND THE ARCADIA PUBLIC WORKS EMPLOYEES’ ASSOCIATION MEMORANDA OF UNDERSTANDING. Recommendation: Adopt SUMMARY Resolution Nos. 7379, 7380, and 7381 establish terms of employment and compensation for City employees represented by the Arcadia Police Civilian Employees’ Association (“APCEA”), the Arcadia City Employees’ Association (“ACEA”), and the Arcadia Public Works Employees’ Association (“APWEA”) respectively. Pursuant to the Meyers-Milias- Brown Act, the City has met and conferred in good faith concerning wages, benefits, and working conditions with the three employee associations. The projected cumulative total cost of these collective agreements is $3,031,248 over a contract term of three years: Fiscal Years 2021-22 through 2023-24. It is recommended that the City Council adopt Resolution Nos. 7379, 7380, and 7381 establishing compensation and related benefits for the employees represented by the APCEA, ACEA, and APWEA groups for July 1, 2021, through June 30, 2024, and adopt Resolution 7389, authorizing a budget appropriation for associated costs in the amount of $955,818 for Fiscal Year 2021-22. BACKGROUND The APCEA, ACEA, and APWEA’s previous Memoranda of Understanding (“MOU”) were in effect from April 1, 2018, through June 30, 2020. Recognizing the climate of economic uncertainty during the COVID-19 pandemic, on July 1, 2020, the associations mutually agreed with the City to a one-year extension of the terms and working conditions of their respective MOUs. The agreements extended the MOUs through June 30, 2021, with the intent to begin negotiations in late fall of 2020 or early 2021. The proposed contracts are the culmination of those negotiations. The City continues to take necessary steps to meet current and future challenges, including continually shifting economic factors, increases to retirement costs, and changing demographics. These issues, along with the ability to provide competitive, fair- market salaries, was the tenor of the negotiation meetings that began in earnest in March 2021. The Associations and City management representatives have since held a number of meetings to discuss the MOUs and issues raised by both parties regarding hours, wages, working conditions, and personnel policies. City representatives and the Memoranda of Understanding with Represented Groups September 21, 2021 Page 3 of 6 Association groups made conscious efforts to discuss terms and conditions to ensure fair compensation while working towards a common goal of long-term fiscal sustainability. During the course of negotiations, management representatives met with the City Council to discuss the status and progress of these talks, and received direction on specific items under consideration. DISCUSSION Balancing the understanding that the City continues to compete with surrounding municipalities to attract and retain talent with the possibility of future economic uncertainty, the respective negotiation members held true to their commitment to the process and worked closely with the city management representatives to reach agreements. Resolution Nos. 7379, 7380, and 7381 reflect this commitment; The Memoranda of Understanding are 3-year terms, commencing on July 1, 2021, and expiring on June 30, 2024. Detailed information on the most notable revisions within the three MOUs are included below. Wages, and Other Compensation The proposed MOUs provide for members in the APCEA, ACEA, and APWEA bargaining groups to receive cost of living adjustments in each year of the contract, as well as a one- time bonus to be distributed as decided by a majority vote of each respective general membership. The bonuses are, in part, based on reimbursement for a loss in cash-in-lieu payments received by employees, which is explained in greater detail in the paragraphs below. The differences in the bonuses shown between the groups is a reflection of both the number of employees who receive cash-in-lieu AND the number of individuals represented by each group. The cost-of-living adjustments, and additional employee bonuses, are shown in the table below: ACEA APCEA APWEA Year 1 3% COLA 3% COLA 3% COLA Bonus Total: $305,270 Bonus Total: $89,014 Bonus Total: $169,106 Year 2 3% COLA 3% COLA 3% COLA Year 3 4% COLA 4% COLA 4% COLA Cash-in-Lieu Public entities have commonly offered cash-in-lieu options as an available alternative for employees who take group health coverage outside of their place of work or do not entirely use their health benefit allowance. In on-going efforts to reduce the Total Plan Payments of the cash-in-lieu, and to reduce risk to the City, City Management representatives prioritized this as a significant part of MOU negotiations with the three bargaining groups. After much discussion, the APCEA, ACEA, and APWEA groups Memoranda of Understanding with Represented Groups September 21, 2021 Page 4 of 6 agreed to the following general terms for existing employees as well as for employees hired on or after July 2, 2021: Employees hired prior to July 1, 2021, who receive cash back or cash-in-lieu for medical benefits will be “grandfathered” and will continue to receive cash-in-lieu subject to agreed-upon limitations to reduce the overall Total Plan Payments. These employees will not be able to receive monetary value above their current cash back allowance subject to the further percentage reduction that will ensure the City’s contribution of Medical Benefits is limited to less than 20% (this is being done to reduce risk to the City and be in compliance with the Flores v. San Gabriel decision). Employees in this tier who currently utilize the entire medical benefit allowance, and at such time decide to change plans or opt out, will not be eligible to receive cash back or cash-in-lieu. Employees hired on or after July 2, 2021, shall not be eligible for any cash- in-lieu of any unused portion of the City’s contribution towards medical benefits. As mentioned, to compensate employees who will receive a reduction in cash-in-lieu amounts, bonus money has been agreed upon to be paid in the first year of the contract. MOU Clean-Up The proposed MOU also contains revisions to comply with updated laws and clean-up language to accurately reflect current practices and procedures. These MOU items were proposed by City Management to streamline, simplify, and modernize the document. Miscellaneous/Incidental Items As part of the negotiation process, APCEA, ACEA, and APWEA each had particular asks specific to their bargaining groups. These items included standby policies, uniform allowance, bilingual pay, and compensatory time sell back. The proposed agreements help align the City’s workforce strategies with its business and service goals while ensuring it can attract and retain highly skilled and experienced personnel. The APCEA, ACEA, and APWEA membership have since voted to accept the proposed terms and conditions for their respective successor MOU. Redline versions of these MOUs are available upon request of the City Council. ENVIRONMENTAL ANALYSIS The proposed action does not constitute a project under the California Environmental Quality Act (CEQA) based on Section 15061(b)(3) of the CEQA Guidelines, and it can be seen with certainty that it will have no impact on the environment. As such, this matter is exempt under CEQA. Memoranda of Understanding with Represented Groups September 21, 2021 Page 5 of 6 FISCAL IMPACT The Agreements with APCEA, ACEA, and APWEA are projected to have a cumulative total cost of $3,031,248 in totality over the 3-year duration of these agreements, including all associated costs that are tied to salary and benefit increases. The 3-year cost breakdown by Association is as follows: ASSOCIATIONS TOTAL COST OF AGREEMENT ACEA $1,675,327 APWEA $953,327 APCEA $402,594 TOTAL $3,031,248 The costs shown above is for all funds in the City, of which 76% or approximately $2.3 million will be attributable to the General Fund with the remaining portion to be allocated to various Special Revenue and Enterprise Funds based on employee salary allocations for their respective positions under those funds. Associated costs with the successor Memorandum were not projected into the Fiscal Year 2021-22 Budget during its adoption since such costs were uncertain at the time. However, the adopted Fiscal Year 2021-22 General Fund Operating Budget is projected to end the year with a surplus of $1.1 million and could fund the amended budget appropriation of $955,818 of the successor Memorandum. The costs for FY 2022-23 and 2023-24 will be incorporated into subsequent budgets. RECOMMENDATION It is recommended that the City Council determine that this action does not constitute a project and is therefore, exempt under the California Environmental Quality Act (“CEQA”); and adopt the following Resolutions: Resolution No. 7379 approving a Memorandum of Understanding establishing Compensation and Related Benefits for Employees Represented by the Arcadia Police Civilian Employees’ Association, for July 1, 2021, through June 30, 2024. Resolution No. 7380 approving a Memorandum of Understanding establishing Compensation and Related Benefits for Employees Represented by the Arcadia City Employees’ Association for July 1, 2021, through June 30, 2024. Resolution No. 7381 approving a Memorandum of Understanding establishing Compensation and Related Benefits for Employees Represented by the Arcadia Public Works Employees’ Association, for July 1, 2021, through June 30, 2024. Memoranda of Understanding with Represented Groups September 21, 2021 Page 6 of 6 Resolution No. 7389 amending the Fiscal Year 2021-22 General Fund Operating Budget Authorizing a Budget Appropriation in the Amount of $955,818 for Costs Associated with Adoption of the Arcadia Police Civilian Employees’ Association, the Arcadia City Employees’ Association, and the Arcadia Public Works Employees’ Association Memoranda of Understanding. Attachments: Resolution No. 7379 – APCEA Memorandum of Understanding (final version) and Salary Schedules Resolution No. 7380 – ACEA Memorandum of Understanding (final version) and Salary Schedules Resolution No. 7381 – APWEA Memorandum of Understanding (final version) and Salary Schedules Resolution No. 7389 – Amending FY 2021-22 General Fund Operating Budget 1 CITY OF ARCADIA AND ARCADIA POLICE CIVILIAN EMPLOYEES ASSOCIATION MEMORANDUM OF UNDERSTANDING JULY 1, 2021 – JUNE 30, 2024 i APCEA MOU 2021 - 2024 Table of Contents Page PREAMBLE ............................................................................................................... 1 ARTICLE I ............................................................................................................... 2 Section A. PARTIES AND RECOGNITION ............................................................. 2 Section B. APPROPRIATE UNIT ............................................................................ 2 Section C. MUTUAL RECOMMENDATION AND IMPLEMENTATION ................... 2 Section D. AUTHORIZED AGENTS ........................................................................ 2 Section E. NOTICE ................................................................................................. 2 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. NEW EMPLOYEE ORIENTATION AND DUES ..................................... 4 Section B. RIGHT TO JOIN .................................................................................... 5 Section C. USE OF BULLETIN BOARDS ............................................................... 5 Section D. ASSOCIATION DESIGNATED PROFESSIONAL STAFF & STEWARDS .......................................................................................... 5 Section E. REASONABLE NOTICE ........................................................................ 7 Section F. LIST OF NAMES ................................................................................... 7 ARTICLE IV MANAGEMENT RIGHTS....................................................................... 7 ARTICLE V COMPENSATION AND RETIREMENT ................................................. 8 Section A. SALARY SCHEDULES .......................................................................... 8 Section B. RETIREMENT FOR EMPLOYEES HIRED BEFORE JULY 1, 2011 ..... 8 Section C. EMPLOYEES HIRED ON OR AFTER OCTOBER 9, 2011 AND BEFORE JANUARY 1, 2013 ............................................................... 10 Section D. NEW CalPERS MEMBERS HIRED ON OR AFTER JANUARY 1, 2013 ............................................................................................................. 11 Section E. DEFERRED COMPENSATION ........................................................... 12 Section F. PROMOTION OR ADVANCEMENT IN RATE OF COMPENSATION . 12 Section G. PERCENTAGES BETWEEN STEPS .................................................. 12 Section H. ADVANCEMENT THROUGH STEPS ................................................. 12 ARTICLE VI HOURS ................................................................................................ 13 ii APCEA MOU 2021 - 2024 Section A. OVERTIME .......................................................................................... 13 Section B. REST PERIODS .................................................................................. 14 Section C. WORK SCHEDULES ........................................................................... 14 ARTICLE VII LONGEVITY PAY ................................................................................ 15 ARTICLE VIII TUITION ADVANCEMENT/REIMBURSEMENT .................................. 15 ARTICLE IX MILEAGE REIMBURSEMENT ............................................................ 16 ARTICLE X HEALTH, DENTAL AND LIFE INSURANCE ....................................... 17 Section A. EMPLOYEES HIRED BEFORE 7/1/2021 ............................................ 17 Section B. EMPLOYEES HIRED ON OR AFTER 7/2/2021 .................................. 19 Section C. PERMANENT PART-TIME EMPLOYEES ........................................... 20 Section D. RETIREE HEALTH INSURANCE FOR EMPLOYEES HIRED BEFORE JULY 1, 2011 ....................................................................................... 21 Section E. RETIREE HEALTH INSURANCE FOR EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 .......................................................................... 22 ARTICLE XI DISABILITY INCOME INSURANCE .................................................... 23 ARTICLE XII MEDICAL EXAMINATIONS ................................................................. 23 ARTICLE XIII UNIFORMS .......................................................................................... 23 Section A. ............................................................................................................. 23 Section B. ............................................................................................................. 23 Section C. ............................................................................................................. 24 Section D. ............................................................................................................. 24 ARTICLE XIV LEAVES OF ABSENCE ....................................................................... 24 Section A. NON-MEDICAL LEAVES WITHOUT PAY ........................................... 24 Section B. FAMILY CARE AND MEDICAL LEAVES............................................. 25 Section C. TEMPORARY MILITARY LEAVE ........................................................ 25 Section D. VACATION LEAVE .............................................................................. 26 Section E. SICK LEAVE ........................................................................................ 27 Section F. BEREAVEMENT LEAVE ..................................................................... 29 Section G. HOLIDAYS ........................................................................................... 30 Section H. JURY LEAVE ....................................................................................... 33 Section I. COURT WITNESS LEAVE .................................................................. 33 Section J. INDUSTRIAL ACCIDENT LEAVE ........................................................ 33 ARTICLE XV PROBATIONARY PERIOD .................................................................. 34 Section A. ............................................................................................................. 34 Section B. ............................................................................................................. 34 iii APCEA MOU 2021 - 2024 Section C. ............................................................................................................. 35 Section D. ............................................................................................................. 35 ARTICLE XVI SPECIAL PAY ..................................................................................... 35 Section A. ACTING PAY ....................................................................................... 35 Section B. CALL-BACK PAY ................................................................................. 35 Section C. ON-CALL SUBPOENA PAY ................................................................ 36 Section D. BILINGUAL PAY .................................................................................. 36 Section E. TRAINING PAY ................................................................................... 36 ARTICLE XVII LAYOFFS ............................................................................................ 37 Section A. LAYOFF PROCEDURE ....................................................................... 37 Section B. RE-EMPLOYMENT LIST ..................................................................... 38 Section C. DEFINITIONS ...................................................................................... 38 ARTICLE XVIII PERSONNEL FILES ............................................................................ 38 Section A. ............................................................................................................. 38 Section B. ............................................................................................................. 39 ARTICLE XIX EMPLOYEE GRIEVANCES ................................................................. 39 Section A. DEFINITIONS ...................................................................................... 39 Section B. TIMELINESS ....................................................................................... 40 Section C. EMPLOYEE REPRESENTATION ....................................................... 40 Section D. INFORMAL GRIEVANCE PROCEDURE ............................................ 40 Section E. FORMAL GRIEVANCE PROCEDURE ................................................ 40 Section F. APPEAL TO HUMAN RESOURCES COMMISSION ........................... 42 ARTICLE XX DISCIPLINARY ACTIONS ................................................................... 46 Section A. DISCIPLINARY ACTION: SUSPENSION, SALARY REDUCTION, DEMOTION AND DISMISSAL ............................................................. 46 Section B. SALARY REDUCTION ........................................................................ 47 Section C. UNAUTHORIZED ABSENCE .............................................................. 47 ARTICLE XXI FULL UNDERSTANDING .................................................................... 47 2021- 2024 Negotiation Teams ................................................................................... 48 1 APCEA MOU 2021 - 2024 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. 2 APCEA MOU 2021 - 2024 ARTICLE I Section A. PARTIES AND RECOGNITION The Memorandum of Understanding is made and entered into between the management representatives of the City of Arcadia, hereinafter referred to as the "City", and representatives of the Arcadia Police Civilian Employees Association, a formally recognized exclusive employee organization, hereinafter referred to as the "Association", pursuant to the provisions of the Meyers-Milias-Brown Act, Government Code Sections 3500 et seq. Section B. APPROPRIATE UNIT The classifications covered by this agreement are: Community Services Officer Dispatcher I & II Dispatch Services Supervisor Logistical Services Officer Police Records Technician I & II Property, Evidence, Crime Scene Technician Section C. MUTUAL RECOMMENDATION AND IMPLEMENTATION This Memorandum of Understanding constitutes a mutual recommendation to be presented to the City Council, subsequent to the ratification meeting by the membership of the Association. It is agreed that this memorandum shall not be binding upon the parties either in whole or in part unless and until the City Council formally acts, by majority vote, to approve and adopt said Memorandum. Section D. AUTHORIZED AGENTS The City's principal authorized agent shall be the City Manager, 240 W. Huntington Drive, Arcadia, California, 91007, except where a particular City representative is specifically designated in connection with the performance of a specific function or obligation set forth herein. The Association’s authorized representative is its elected President, 250 W. Huntington Drive, Arcadia, California, 91007. Section E. NOTICE The City agrees to give the Association notice of any changes, additions, or deletions of bargaining unit classifications to facilitate any potential challenge the Association wishes to file. The agenda will be emailed to the Association’s authorized representative at the same time the agenda is 3 APCEA MOU 2021 - 2024 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, unless otherwise stated therein, this Memorandum of Understanding shall be effective upon ratification of the City Council and shall cover the term of July 1, 2021 through June 30, 2024. Section B. SAVINGS CLAUSE If any provision or the application of any provision of this agreement as implemented should be rendered or declared invalid by any final court action or decree or by reasons of any preemptive legislation, the remaining Sections of this agreement shall remain in full force and effect for the duration of said agreement. In the event any section of this Memorandum is declared invalid, the City agrees to meet and confer with the Association, upon request, regarding the impact or implementation of the court order or decree or legislation. Section C. NO STRIKE CLAUSE 1. It is agreed and understood that there will be no concerted strike, sympathy strike, work stoppage, slow-down, obstructive picketing, or concerted refusal or failure to fully and faithfully perform job functions and responsibilities, or other concerted interference with the operations of the City by the Association or by its officers, agents, or members during the term of this Agreement. Compliance with the request of other labor organizations to engage in such activity is included in this prohibition. 2. The Association recognizes the duty and obligation of its representatives to comply with the provisions of this Agreement and to make every effort toward inducing its members not to strike, stop work, slow-down, or picket obstructively, and the Association agrees in good faith to actively take affirmative action to cause those employees to cease such action. 3. It is agreed and understood that any employee concertedly violating this article may be subject to disciplinary action up to and including discharge. For purposes of this article, any employee disciplined in 4 APCEA MOU 2021 - 2024 accordance with this section shall be eligible to utilize the Disciplinary Appeals Procedure as referenced in Section XIX of this Agreement. 4. It is understood that in the event the City alleges that this Article has been violated, both parties shall retain any and all rights and remedies under the law to which they would otherwise be entitled. 5. An alleged violation of this section during the term of the Agreement shall not prejudice the City's right to assert the illegality of any concerted activities mentioned above if engaged in by the Association or employees, nor the Association’s right to defend itself or its members. Upon the expiration of this Agreement, this language shall not prevent the Association from engaging in such concerted activities mentioned above, to the extent such activities are otherwise legal for public employees to participate in under California and/or federal law. ARTICLE III ASSOCIATION RIGHTS Section A. NEW EMPLOYEE ORIENTATION AND DUES 1. Legislative Authority. In accordance with AB 119, the City shall notify the Board when a new employee is hired in the bargaining unit, including during new employee onboarding and when a new employee orientation occurs. The City will provide reasonable paid release time of 30 minutes for the Board to meet with the new employee for the purposes of discussing membership in the Association. A Board Representative will notify the City when a new employee has signed a membership card authorizing membership dues deduction and when such deductions shall begin. In accordance with SB 866, the City shall rely on the representations made by the association regarding the authorization to make, revoke, cancel, or change deductions for employees represented by the APCEA. The City shall deduct dues on a regular payroll basis for employees represented by the APCEA following receipt of written notice from APCEA that written authorization has been provided to the Association by the employee. Every effort will be made to remit dues to the Association within 2 weeks of collection by the City. If an APCEA represented employee desires to revoke, cancel, or change prior dues deduction, such requests shall be directed in writing to the Association, which shall promptly provide written notice to the City. 5 APCEA MOU 2021 - 2024 2. 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. 3. Records. The APCEA Board shall keep an adequate itemized record of its financial transactions and shall make available annually, to the City and to their Association within 60 days after the end of its fiscal year, a written financial report thereof in the form of a balance sheet certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. 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. The City and the Association agree that neither party shall discriminate nor retaliate against any employee for the employee’s participation or non- participation in any Association activity. Section C. USE OF BULLETIN BOARDS The City shall provide a designated locking bulletin board for the Association's use where bargaining unit employees have access during their normal working hours: 1. All postings for bulletin boards must contain the date of posting and the identification of the organization; and 2. The Association will not post any information which is defamatory, derogatory or obscene, subject to the immediate removal of the right to post for a period not to exceed 90 days. Section D. ASSOCIATION DESIGNATED PROFESSIONAL STAFF & STEWARDS Subject to supervisory approval, nothing herein shall be construed to prevent an employee from contacting the Human Resources Administrator or other management representatives regarding personnel related matters during working hours. Designated professional staff of the Association shall be provided reasonable access to work locations during working hours. Prior to visiting any work location, the Association staff representative shall contact the Human Resources Administrator, or designee, to advise of the general 6 APCEA MOU 2021 - 2024 purpose of the visit and which specific area(s) will be visited. Access will not be unreasonably denied. In the event the requested time and/or location of such visit by the designated professional staff is denied, the Human Resources Administrator, or designee, shall set an alternative time for such visit within 48 hours. The Association may schedule meetings in the City Conference rooms or the City Council Chambers subject to the same restrictions as other organizations/individuals. 1. The Association Officers and Directors, not to exceed 4 employees, shall serve as the Association Stewards (“Stewards”) for the organization and are authorized to represent their fellow employees. The Association shall notify the employer annually in writing of the names of its Officers, Directors, and Stewards. 2. The Stewards shall each be given at least 1 work day without pay per year to attend required training, provided, however, that the employee may use vacation, compensatory time or floating holiday time. The Association will provide one pay period’s notice of the need for such time off. 3. Additionally, as noted above, an individual Steward shall be provided reasonable release time during their regular work shift, which will not be unreasonably denied, for the purposes of providing representation to the Association’s members for situations that include, but is not limited to: a. Representation at a meeting that is reasonably expected to result in discipline. b. Representation at a grievance hearing. c. Special meeting with Human Resources Administrator, designee, or any other City Management representative to resolve problems within the scope of bargaining. d. A 30 minute orientation period with new hires at the beginning of any new unit employee orientation conducted by the Human Resources Division. 4. Up to 5 members of the Association negotiating team shall be allowed reasonable time off without loss of compensation or benefits when formally meeting and conferring with City representatives on matters within the scope of representation. This 7 APCEA MOU 2021 - 2024 shall include ½ hour immediately before the meet and confer sessions and ½ hour after the meet and confer sessions. Additionally, Association negotiating team shall be provided a maximum of 2 hours per month of release time during their regular work hours to attend to other Association negotiation team business, as needed. Section E. REASONABLE NOTICE Except in the case of a bona fide emergency, the City will provide at least 15 business days-notice prior to implementation of changes to matters within the scope of representation as defined under the MMBA. The City shall electronically communicate a copy of each agenda for all City Council and/or Human Resources Commission meetings to the Association President. Section F. LIST OF NAMES Within 15 working days, the Association shall email the City a revised list showing any changes in list of Officers and Directors of the Association. The Association shall also email the City with the names of any professional Staff Representative retained by the Association. Within 15 working days, the City shall email the Association regarding any change of designated representatives. 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. 8 APCEA MOU 2021 - 2024 ARTICLE V COMPENSATION AND RETIREMENT Section A. SALARY SCHEDULES The City agrees to increase base salaries of classifications covered by this MOU in the amount of 3%, effective July 1, 2021, 3%, effective July 1, 2022, and 4%, effective July 1, 2023. The salary schedules for classifications covered by this MOU are set forth on Exhibit A and incorporated herein. Retro increases will be given only to those unit members on City payroll as of the date of ratification of this agreement. The APCEA will be given a one-time non-PERSable bonus of $53,614 for the City to distribute through regular payroll to APCEA employees as decided by a majority vote of the APCEA general membership. Additionally, each APCEA employee on City payroll at the time of ratification of this MOU shall receive a one-time non-PERSable bonus of $1966.66 following the ratification of the MOU agreement. Section B. RETIREMENT FOR EMPLOYEES HIRED BEFORE JULY 1, 2011 The City contracts with the State of California Public Employees Retirement System (CalPERS) 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 $0.93 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. As permitted by CalPERS, employees may elect to purchase service credit by remitting payment to CalPERS via payroll deductions. If the employee elects this option, the City agrees to allow members to elect those payments as pre-tax payroll deductions. 9. Special compensation items shall be reported to CalPERS in accordance with applicable law. 10. Employees agree to make contributions to offset a portion of the City’s costs related to CalPERS retirement benefits. The employee cost- 9 APCEA MOU 2021 - 2024 sharing will be accomplished through pre-tax deductions in the manner contemplated by Section §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 Section §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 7% of PERSable compensation to CalPERS retirement via payroll deduction toward the City’s Employer Contribution to CalPERS and said amount will be allocated to the employer’s account. 11. In addition to the foregoing cost sharing payments, employees shall continue to pay the 1% member contribution currently paid by employees to CalPERS. 12. The City shall continue to pay the cost of the employees’ member contribution to CalPERS in the amount of 7% (EPMC) and shall continue to report that as additional compensation pursuant to Section §20636(c)(4) of the Government Code. Further, said amount will be allocated to the employee’s retirement account. 13. 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 0.276%. The cost-sharing arrangement will be implemented as follows: Employees will pay 0.138% of PERSable compensation to CalPERS retirement via payroll deduction; and the City will pay 0.138% of PERSable compensation to CalPERS retirement. 10 APCEA MOU 2021 - 2024 Section C. EMPLOYEES HIRED ON OR AFTER OCTOBER 9, 2011 AND BEFORE JANUARY 1, 2013 The City contracts with the State of California Public Employees Retirement system (CalPERS) 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. 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 $0.93 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. As permitted by CalPERS, employees may elect to purchase service credit by remitting payment to CalPERS via payroll deductions. If the employee elects this option, the City agrees to allow members to elect those payments as pre-tax payroll deductions. 9. Special compensation items shall be reported to CalPERS in accordance with applicable law. 10. Employee will pay the full 7% member contribution to CalPERS via payroll deduction from date of hire. 11. 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 0.276%. The cost-sharing arrangement will be implemented as follows: Employees will pay 0.138% of PERSable compensation to CalPERS retirement via payroll deduction; and the City will pay 0.138% of PERSable compensation to CalPERS retirement. 11 APCEA MOU 2021 - 2024 Section D. NEW CalPERS MEMBERS HIRED ON OR AFTER JANUARY 1, 2013 The City contracts with the State of California Public Employees Retirement System (CalPERS) 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. 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 $0.93 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. As permitted by CalPERS, employees may elect to purchase service credit by remitting payment to CalPERS via payroll deductions. If the employee elects this option, the City agrees to allow members to elect those payments as pre-tax payroll deductions. 9. Special compensation items shall be reported to CalPERS in accordance with applicable law. 10. Employee will pay 50% of the normal cost, currently 6.75% member contribution to CalPERS on a pre-tax basis via payroll deduction. 11. 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 0.276%. The cost-sharing arrangement will be implemented as follows: Employees will pay 0.138% of PERSable compensation to CalPERS retirement via payroll deduction; and the City will pay 0.138% of PERSable compensation to CalPERS retirement. 12 APCEA MOU 2021 - 2024 Section E. DEFERRED COMPENSATION Employees may elect to allocate salary to the City’s 457 Plan on a pre-tax basis in accordance with the provisions of the Plan. Section F. PROMOTION OR ADVANCEMENT IN RATE OF COMPENSATION 1. When an employee is promoted, the pay shall advance to the lowest step in such higher range that will provide not less than an approximate 5% increase in compensation unless the top step in such range provides less than that amount. Such one step of approximately 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 G. PERCENTAGES BETWEEN STEPS The parties acknowledge that the percentages between steps within a range are approximately 2.5%. Section H. 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 an example of merit increases when an employee begins employment at Step A: A Step to C Step: 6 months All other Steps: 12 months A salary step advancement at 6 months will be determined upon satisfactory performance during this test period and shall not imply automatic passing of probation at the end of the 12 month probationary period. Salary step advancements are not assured. Any step advancement 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%) on their anniversary date upon receiving a satisfactory performance evaluation. 13 APCEA MOU 2021 - 2024 ARTICLE VI HOURS Section A. OVERTIME With the approval of the City Manager, and when necessary to perform essential work, a Department Head 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 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 their Department Head or the City Manager to attend classes or City functions at times other than regularly scheduled work hours which cause the employee to be in a work status in excess of 40 hours in a designated work week, the employee shall be paid at the rate of time and one-half the employee's regular rate of pay. This does not apply to classes or other functions which the employee voluntarily attends. The Department Head or City Manager may permit an employee to accumulate compensatory time in lieu of paid overtime. With Department Head approval, represented employees shall be permitted to accumulate compensatory time only to a maximum of 100 hours. When the maximum level of compensatory time is reached, overtime shall be paid. Each employee may cash out up to 80 hours of their available compensatory time hours one time during each fiscal year. An employee who has accrued compensatory time off and has requested use of accrued compensatory time, shall be permitted to use such time off within a reasonable period after making the request, if such use does not unduly disrupt the operation of the City. An employee’s request to use compensatory time shall not be denied on the basis that it would require the payment of overtime to the replacement employee. The City will assist employees by posting the opportunity for the shift vacancy created by the Compensatory Time Off request, however, it is the responsibility of the employee to find coverage, as the City will not force hire an employee to cover the compensatory time off request. 14 APCEA MOU 2021 - 2024 The City shall make reasonable efforts not to revoke requests for compensatory time off that have been approved 2 weeks prior to the date of leave. Section B. REST PERIODS For each 8, 9, 10 and 12 hour shift worked, each represented employee, except Dispatcher I, Dispatcher II and Dispatcher Supervisor, reasonable effort will be made to provide 2 15-minute rest periods, one each approximately at the mid-point of each one-half shift. Office personnel shall not leave City property during break periods unless their duties so require. Rest periods are not cumulative and may not be taken concurrently with lunch periods. Each represented employee, except Dispatcher I, Dispatcher II, and Dispatch Supervisor shall be provided an uninterrupted 30 minute uncompensated meal period scheduled approximately half way through their respective shift. If the opportunity for an uninterrupted meal period is not provided during any shift, the involved employee will receive 45 minutes of compensatory time off added to their comp time bank or 30 minutes at time and one-half pay. Section C. WORK SCHEDULES 1. The City may establish and change work schedules, work times and work hours, and assign employees thereto, in its sole discretion; provided, however, if the City decides to eliminate a current alternate work schedule (5/40, 9/80, 4/10, or 3/12), 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 2 weeks- notice of the change. 2. Except for emergencies and temporary changes in work schedules, work times and work hours, which shall be defined for six months or less, affected employees shall be given a minimum of 2 weeks-notice of change in work hours, work times and work schedules. In the case of an emergency or temporary change in work schedules, work times or work hours, reasonable notice shall be given to affected employees. 3. Employees assigned to rotating schedules shall be allowed to conduct mutually agreed upon shift trades for each rotation, subject to management’s right to deny or limit such trades due to operational reasons which include, but are not limited to, an employee’s probationary status, an employee’s performance issues, or employee training. 15 APCEA MOU 2021 - 2024 See Side Letter Attached as Exhibit B. ARTICLE VII LONGEVITY PAY A Longevity pay benefit will be paid to each represented employee based on the below schedule: Completed Years of Amount Continuous Service Per Pay Period 5-9 Years $ 42.02 10-14 Years $ 63.04 15 Years and beyond $ 84.06 The Longevity Pay benefit is effective the pay period an employee reaches 5, 10, or 15 years of continuous employment with the City. The foregoing amounts shall be subject to applicable payroll deductions. ARTICLE VIII TUITION ADVANCEMENT/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 Advancement/Reimbursement Form must be submitted and pre- approved by the employee's Department Head and Human Resources Administrator before the course(s) begin. Tuition advancement or reimbursement shall only be for the first degree in each education level that an employee seeks to obtain and 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 Advancement/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 advancement 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. 16 APCEA MOU 2021 - 2024 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 voluntarily retires or terminates employment or is 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 1 year from the advancement, shall refund all tuition advanced and be subject to the provisions outlined in the Advanced Tuition Participation and Advancement Agreement. Employees who retire on a Disability, 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 deny it for advancement or reimbursement if such action appears warranted. Courses must be taken at an accredited education institution, which is defined as any college or university which has been accredited by a recognized government or professional accrediting body (as determined by the City). Additionally, the City reserves the right to deny any course(s), specialized training or degree programs determined by the City Manager to be non-job related. If an employee terminated for disciplinary cause refunds tuition reimbursement under this provision and the employee is reinstated with back pay at the conclusion of the disciplinary appeals process, set forth in the City’s Personnel Rules, back pay shall include the refunded tuition reimbursement. ARTICLE IX MILEAGE REIMBURSEMENT 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. 17 APCEA MOU 2021 - 2024 ARTICLE X HEALTH, DENTAL AND LIFE INSURANCE Section A. EMPLOYEES HIRED BEFORE 7/1/2021 The City shall provide regular full-time employees in a classification represented by this Agreement with the option to elect the following contributions: 1. CalPERS Health Program. The City will contribute the minimum employer contribution required pursuant to Government Code §22892(b) (“Minimum Contribution”) per month per employee for health insurance. a. The City shall pay up to a maximum of $1049.00 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 the employee only coverage, the difference shall be contributed toward the cost of dependent coverage or to the employee in cash as taxable income. i. Those employees who receive cash as taxable income will have the amount capped to the amount they were receiving as of July 1, 2021, and then reduced to an amount that will allow the City-wide Total Medical Plan Payment to be less than 20%. This amount of the reduction will not be greater than 19.51% of the amount received as of July 1, 2021. This amount will result in the employee’s new capped cash-in-lieu for the term of this agreement. b. Those employees who qualify to receive cash as taxable income and who subsequently reduce their cash-in-lieu amount through a qualifying change, shall be subject to the new cash-in-lieu limit based on their elected reduced amount, and will forfeit their previous cash-in-lieu limit. c. Employees who do not take cash-in-lieu as of July 1, 2021, for any unused portion of the City’s contribution toward benefits shall no longer be eligible for cash-in-lieu. d. If the premium cost of the health plan exceeds the City contribution, the employee shall pay through payroll deduction the difference between the monthly premium and the amount contributed by the City. e. The employee's exercise of the option to use the difference toward dependent health coverage or the deferred compensation 18 APCEA MOU 2021 - 2024 plan is subject to the conditions controlling enrollment periods and eligibility established by the respective plans or carriers. f. Dependent enrollment will require proof of eligibility for dependent status including social security number, marriage, birth, and adoption certificates. 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. Life Insurance: The City shall provide a $25,000.00 life & AD&D benefit for eligible employees. 4. Vision Plan: The City shall provide each employee with a vision plan, with the City paying the premium up to the cost of the family plan. This vision plan will be Vision Service Plan, option B. 5. Circumstances Under Which An Employee Hired Before 7/1/2021, Can Receive Cash in Lieu of City Coverage: An employee is required to carry one of the City’s designated medical plans unless they opt out. An employee hired before July 1, 2021, may receive cash-in-lieu for opting out of the City’s designated medical plans during the annual open enrollment period by signing a written waiver each year, that attests that the employee and each member of the employee’s Tax Family (i.e. all individuals for whom the employee expects to claim a personal exemption deduction for the upcoming tax year) each has alternative minimum essential coverage (other than coverage in the individual market and other than individual coverage through Covered California) for the upcoming tax year. If the employee provides the executed written waiver and documentation confirming that he or she is enrolled in an alternative group health plan that satisfies the above at open enrollment or within 30 days after the start of the plan year, they will be entitled to the maximum allotted cash referenced in Section 1 above to be taken as taxable income. 6. 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 an Internal Revenue Code §125 Cafeteria Plan. 19 APCEA MOU 2021 - 2024 Section B. EMPLOYEES HIRED ON OR AFTER 7/2/2021 The City shall provide regular full-time employees in a classification represented by this Agreement with the option to elect the following contributions: 1. CalPERS Health Program. The City will contribute the minimum employer contribution required pursuant to Government Code §22892(b) (“Minimum Contribution”) per month per employee for health insurance. a. The City shall pay up to a maximum of $1,049.00 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 the employee only coverage, the difference shall be contributed toward the cost of dependent coverage. No amount shall be given in cash as taxable income. 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 adoption certificates. 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. Life Insurance: The City shall provide a $25,000.00 life & AD&D benefit for eligible employees. 4. Vision Plan: The City shall provide each employee with a vision plan, with the City paying the premium up to the cost of the family plan. This vision plan will be Vision Service Plan, option B. 5. 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 an Internal Revenue Code §125 Cafeteria Plan. 20 APCEA MOU 2021 - 2024 Section C. PERMANENT PART-TIME EMPLOYEES The City shall provide permanent part-time employees in a classification represented by this Agreement with the following contributions. 1. CalPERS Health Program. The City will contribute the minimum employer contribution required pursuant to Government Code §22892(b) (“Minimum Contribution”) per month per employee for health insurance. a. The City shall pay up to a maximum of $524.50 per month per part- time employee for coverage, inclusive of the Minimum Contribution and Dental Contribution. For part-time employees, if the City’s contribution exceeds the cost of employee only coverage, the difference shall be contributed toward the cost of dependent coverage. No amount shall be given in cash as taxable income. b. If the premium cost of the health plan exceeds the 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 adoption certificates. 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 – Permanent 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 an Internal Revenue Code §125 Cafeteria Plan. 4. Life Insurance: The City shall continue to provide a $25,000 Life & AD&D benefit for permanent part-time eligible employees. 5. Vision Plan: The City shall provide each permanent part-time employee with a vision plan, with the City paying the premium up to the cost of the family plan. This vision plan will be Vision Service Plan, option B. 21 APCEA MOU 2021 - 2024 Section D. RETIREE HEALTH INSURANCE FOR EMPLOYEES HIRED BEFORE JULY 1, 2011 1. Program Description For employees hired before July 1, 2011 and retiring from the City on or after January 1, 2012 (“Tier II Retirees”), the City agrees to provide a Premium Payment for the purpose of purchasing health coverage offered through CalPERS for the Tier II Retiree and their spouse in an amount not to exceed the monthly premium applicable to the coverage level for the retiree (i.e., One-Party or Two-Party) as shown in the chart below. 2. Premium Payment The total Premium Payment shall be payable in the following form: (1) PEMHCA (“PEMHCA”) Minimum Contribution payable directly to CalPERS, and (2) a reimbursement to the Tier II Retiree equal to the difference between the cost of plan in which the Tier II Retiree enrolls, subject to the caps below, and the PEMHCA Minimum Contribution (“Reimbursement”). If a retiree enrolls in a more expensive plan, the Tier II Retiree will be responsible for payment of any premium in excess of the capped amount. Tier II Retiree Premium Payment One-Party (Retiree Only) $ 505.63* Two-Party (Retiree + Spouse) $ 1,011.26* * These amounts were established based on the 2012 PERS Choice plan for Los Angeles. The Premium Payment includes the PEMHCA Minimum, paid directly to CalPERS, not to the eligible retiree. As specified below, 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. 3. Eligibility Requirements Tier II Retirees must be “eligible retirees” in order to receive the benefits described in this subsection. Eligible retirees must meet the following requirements: a. An eligible retiree is an employee who retires from City service on a service, disability, or industrial disability retirement and has 1,000 hours of accumulated sick leave at the date of retirement. 22 APCEA MOU 2021 - 2024 An employee who has fewer than 1,000 hours of accumulated sick leave at the date of retirement may become eligible for the retiree health benefit by paying the City an amount equal to the Employee’s daily pay rate at the time of retirement times the number of hours needed to meet the 1,000 hours of accumulated sick leave requirement, with the following restrictions: i. The employee must have reached the age of 55; and ii. 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. iii. To meet the 1,000 sick leave hour requirement, the employee would be limited to either purchasing up to a maximum of 350 hours worth of sick leave in an amount equal to the employee’s daily pay rate at the time of retirement or the employee may convert the dollar value of accumulated vacation hours to reach the dollar value of up to 350 sick hours; provided, however, upon verification of information from a qualified medical provider that an employee has substantially depleted the employee’s sick leave accrual due to a an absence or absences caused by a catastrophic, life threatening illness or injury suffered by the employee or a family dependent living in the employee’s household, the limitation of 350 hours will be excused. b. The retiree, and if applicable, the retiree’s spouse, must be enrolled in CalPERS retiree medical and maintain eligibility to continue in the CalPERS Health Program as stipulated by CalPERS in order to receive the City’s Premium Payment. 4. Termination of Eligibility An eligible retiree shall cease to be eligible for the City’s Reimbursement upon becoming eligible for Medicare coverage. The retiree’s spouse shall become ineligible for the City’s Reimbursement upon becoming eligible for Medicare coverage or after 15 years, whichever occurs first. Section E. RETIREE HEALTH INSURANCE FOR EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 For employees hired on or after July 1, 2011 that retire from the City and who remain enrolled in a CalPERS health plan after retirement (“Tier III Retiree”), the City will pay no more than the PEMHCA Minimum 23 APCEA MOU 2021 - 2024 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 XI 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 XII MEDICAL EXAMINATIONS Section A. All medical examinations required by the City shall be paid for by the City in accordance with the City of Arcadia Personnel Rules and Regulations. Section B. An employee at any time may be required by the appointing power to take a medical examination, paid for by the City, to determine fitness for duty. ARTICLE XIII UNIFORMS Section A. Upon hire, the City shall provide the following employees with 4 sets of uniforms consisting of long sleeve shirt, short sleeve shirt, pants/skirt, cross-tie/tie, and any two of the following items: a sweater, a medium- weight uniform jacket, and appropriate logoed sweatshirt (cannot be worn in public areas as defined by the Chief of Police). • Community Services Officer • Dispatcher I/II • Dispatcher Services Supervisor • Logistical Services Officer • Police Records Technician I/II • Property, Evidence, Crime Scene Technician • Senior Police Records Technician Uniforms shall be replaced on an as needed basis, pursuant to Department procedures. In addition to the above uniforms, the City shall provide 2 polo shirts to each employee each year. Section B. Upon termination of employment the employee shall turn in all uniforms issued. 24 APCEA MOU 2021 - 2024 Section C. The City shall provide a safety shoe allowance up to a maximum of $125 per fiscal year for Community Services Officers. The City shall designate safety shoe standards. A purchase order, not to exceed the maximum fiscal year amount referred to above, shall be provided upon the employee’s request. Once the employee has purchased safety shoes in this manner, the safety shoe shall be required footwear. Wearing of safety shoes is limited to City work hours. Section D. The City shall continue to report $232.00 per year to CalPERS as special compensation for Uniform Allowance to the extent permitted by law. “New Members” as defined under the Public Employees’ Pension Reform Act of 2013 will not have the value of the uniforms reported as special compensation. ARTICLE XIV LEAVES OF ABSENCE Section A. NON-MEDICAL LEAVES WITHOUT PAY Upon the written request of an employee stating the reasons therefore, the appointing power with the approval of the City Manager shall have power to grant leaves of absence without pay subject to the following restrictions: 1. Length – leave of absence without pay may be granted for a period not to exceed one year with the exception that military leaves may be granted for the duration of a war or national emergency or as required by the Military and Veterans' code. 2. Reason – a leave of absence may be granted an employee, provided the employee 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 their 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 their classification before or at the expiration of their leave of absence. Therefore, a leave of absence shall be granted only to an employee who intends to return to their 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. 25 APCEA MOU 2021 - 2024 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 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 30 days shall constitute an interruption of service unless, in the action granting such leave of absence, it is provided that such leave of absence shall not constitute an interruption of service. 7. The City shall continue to provide health, dental, life, and disability insurance for an employee granted a leave of absence for up to 30 calendar days. It shall be the responsibility of the employee who wishes to continue any insurance coverage beyond the 30 calendar days, to notify the Human Resources Office of their intent to continue coverage and to remit the full monthly premium for any coverage to the Administrative Services Department. Section B. FAMILY CARE AND MEDICAL LEAVES Upon the written request of an employee, the City shall grant any and all Family Care and Medical Leaves as required by law. Section C. TEMPORARY MILITARY LEAVE Any employee who is a member of the reserve corps of the armed forces of the United States or of the National Guard or the Navy Militia shall be entitled to a temporary military leave of absence as provided by applicable Federal law and applicable California State law. Although a military leave of absence is not considered a break in service in relation to seniority, if the employee wishes to have their extended military service time credited toward CalPERS, the employee may buy back credit for their leave of absence for active military service through CalPERS as CalPERS has determined that payments while on such service are not reportable for retirement purposes. This leave provision does not apply to employees who are drafted or receive orders to military duty for periods longer than 180 calendar days. Employee's rights to return to vacant positions after an absence that exceeds 180 calendar days shall be governed by the applicable Federal and State law. 26 APCEA MOU 2021 - 2024 Section D. VACATION LEAVE During the term of this agreement, both parties agree to meet and confer on the issue of eliminating the vacation and sick leave accrual banks and creating a single leave bank of Paid Time Off. 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 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 6 months. 3. An employee who has previously requested and was granted approval of vacation leave for use during the last 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 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 final pay period, the employee shall receive credit for that pay period's vacation. If an employee works less than 50% of the pay period, the employee accrues nothing. 5. Full-time employees covered by this Agreement, with the exception of temporary appointments shall accumulate vacation with pay beginning with the first full pay period of employment as follows: Years of Service Accrual Rate Hours Per Year Accrued Max Accrual 0-4 years 3.07 hours 80 Hours 200.00 5-9 years 4.61 hours 120 Hours 300.04 10-14 years 5.23 hours 136 Hours 340.02 15+ years 6.15 hours 160 Hours 400.01 27 APCEA MOU 2021 - 2024 Part-time employees covered by this agreement, with the exception of temporary appointments shall accumulate vacation with pay beginning with the first full pay period of employment as follows: PT Years of Service PT Accrual Rate PT Max Accrual 0-4 years 1.54 100.1 5-9 years 2.31 150.15 10-14 years 2.62 170.3 15+ years 3.07 200.00 6. Vacation scheduling for the dispatch, records, and community services officer work sections, excluding supervisory and management employees, shall be determined by seniority within each work section, provided that the employee's vacation request is made within one month prior to the applicable master vacation schedule. Requests made during the applicable period of the master vacation schedule will be considered on a first come, first served basis. 7. Employees may elect to sell back vacation during a calendar year equal to the amount of vacation taken during the year, by the date of the request, not to exceed a maximum of 80 hours in the calendar year. Section E. SICK LEAVE 1. Every full-time employee covered by this agreement shall accrue sick leave beginning with the first full pay period of employment on the basis of 3.693 hours for each pay period of service completed with the City, 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 preventive care of 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 28 APCEA MOU 2021 - 2024 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. 3. 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. 4. Except as provided hereinafter, sick leave means paid authorized absence from duty of an employee due to one of the following: a. Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee b. Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee’s family member, which 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 c. For an employee who is a victim of domestic violence, sexual assault or stalking for the purposes described in Labor Code Section 230(c) and 230.1(a). An employee will make a reasonable effort to schedule medical appointments during non-working hours. 5. 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. 6. Kin Care Leave: In addition to the prescribed purposes of paid sick leave in Section E. 4, an employee may use up to one-half of their 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 29 APCEA MOU 2021 - 2024 loco parentis regardless of age or dependency), spouse, or registered domestic partner. 7. In case of absence due to illness, if the paid sick leave is foreseeable, the employee shall notify their 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 minutes The appointing power and City Manager may discipline an employee if sick leave is used for an inappropriate purpose. 8. 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 workday, of accrued and unused sick leave will be reinstated. 9. If an employee works in the final pay period, the employee shall receive credit for that pay period's sick leave accrual based on the following: 0 to 29 hours: No accrual 30 to 39 hours: 1 hour 40 and above: 3.693 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. Section F. BEREAVEMENT LEAVE At the time of death, or where death appears imminent, in the immediate family, an employee, may be granted a leave of absence with pay, upon approval of the appointing power and the City Manager. Immediate family is defined as the spouse, the employee or employee's spouse's mother or stepmother, father or stepfather, brother or sister or step sibling, child or stepchild, grandparents, grandchildren, or any relative of the employee or employee's spouse residing in the same household. Such leave shall be granted based on employee’s current work shift up to a maximum of 3 shifts. 30 APCEA MOU 2021 - 2024 Section G. HOLIDAYS 1. Effective July 1 of each year, the City shall credit each member of the bargaining unit with 88 hours of holiday leave bank based on the following holidays: New Year's Day January 1 Martin Luther King Jr. Day The Third Monday in January 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) An employee may use the holiday leave bank in any increment, at any time, in the same manner as vacation is scheduled and taken. Employees can choose to cash out holiday hours any time prior to the end of the fiscal year or any remaining hours at the end of that fiscal year. Employees can only elect to cash out once in a fiscal year. The cashed-out holiday pay shall be paid out at the employee’s “regular rate” of pay used for the purposes of the Fair Labor Standards Act at the time of the employee’s request. An employee who separates employment shall, depending on the circumstances, be entitled to a proportionate share of their holiday leave bank not taken based on the number of holidays occurring prior to date of separation (i.e., an employee who separates on January 2 would be entitled to 64 hours less any time already utilized or cashed out) or be required to reimburse the City on a proportionate basis for any excess holiday leave taken or cashed out (i.e., if an employee separates on January 2 and has already used 88 hours of holiday leave, they would be required to reimburse the City 16 hours. Such reimbursement shall first be made from accrued vacation and/or compensatory time; if such reimbursement is not sufficient, the remaining dollar equivalent shall be deducted from the employee’s final paycheck). 2. In lieu of Citywide holiday to celebrate Admissions Day, full-time employees shall receive one 8 hour floating holiday to be scheduled by the employee in the same manner as vacation leave. Additionally, full 31 APCEA MOU 2021 - 2024 time employees shall receive an 8 hour floating holiday for their 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 re-adopts Admissions Day as a fixed Citywide holiday, the floating holiday shall cease and eligible employee shall receive the fixed Citywide holiday. Full time employees in the unit employed on July 1, of the fiscal year shall conditionally accrue 16 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 (Admissions Day and/or the Employee's birthday), said floating holiday leave shall be repaid to the City through payroll deduction. Employees hired after the beginning of the fiscal year shall accrue floating holiday only if the employee is employed before the date on which the floating holiday is based (Admissions day and/or the Employee's birthday). As an example, an employee hired on July 15, whose birthday is August 5, would receive a floating holiday for their birthday and Admissions Day 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. 3. An employee required to work or attend a class or function on any holiday allowed to them by this Section shall be paid for the holiday, and in addition, they shall be compensated in accordance with FLSA’s 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. 4. 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 9 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 10 hours, the employee shall receive 9 hours of holiday pay and be permitted to use other accrued leaves to make up the extra hour for that day. 5. The tables below provide examples of how the Holiday Pay and applicable overtime will be calculated. 32 APCEA MOU 2021 - 2024 Example of hours paid if the employee is scheduled to work on a holiday. In this example, it is for a 12 hours shift. Current New MOU Effective April 1, 2014 Description Shift Hours Paid 12 12 @ regular rate of pay O/T hours paid (8 hrs @ 1.5) 12 8 8 hours provided in Holiday Bank 4 Additional Compensation of hours for comparable pay to the prior agreement (the .5 portion of the O/T) Total Hours Paid: 24 24 Example of hours paid if the employee is scheduled to work on a holiday. In this example, it is for a 10 hours shift. Current New MOU Effective April 1, 2014 Description Shift Hours Paid 10 10 @ regular rate of pay O/T hours paid (8 hrs @ 1.5) 12 8 8 hours provided in Holiday Bank 4 Additional Compensation of hours for comparable pay to the prior agreement (the .5 portion of the O/T) Total Hours Paid: 22 22 6. Represented part-time employees who work more than 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. 33 APCEA MOU 2021 - 2024 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 80 hours per year. All hours in excess of 80 shall not be compensated unless the employee uses accrued vacation or compensatory time. The employee shall remit to the City all fees received except mileage. For employees assigned to an alternate work week, pay for jury duty shall not be provided on regularly scheduled days off. When released from any day of service prior to the end of the normal work schedule, an employee shall contact their supervisor for direction. If an employee is assigned to a graveyard or swing-shift schedule and is required to report for Jury Service on a working day (i.e. scheduled to work that day/evening) they will not be required to come to work and will be paid for that shift. This will only apply to the first day of Jury Service. The City, at its discretion, will administratively reassign employees assigned to jury duty to an 8 hour per day schedule or an 8 hour per day forty hour per week schedule for the duration of jury duty. Section I. COURT WITNESS LEAVE An employee who is subpoenaed or required to appear in court for a non- work-related matter as a witness shall be deemed to be on leave of absence and shall be permitted to use accumulated time off. With approval of the appointing power and City Manager, an employee may be granted leave with pay during his required absence. The employee shall remit to the City fees received except mileage. A paid leave of absence shall not be granted for time spent in Court on personal cases, provided however that the employee can use accumulated time off. Section J. INDUSTRIAL ACCIDENT LEAVE 1. Industrial accident leave shall be granted 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 or as provided by law whichever is greater and shall be computed from the date said absence is necessitated due to effects of the industrial 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. 34 APCEA MOU 2021 - 2024 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 be absent 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 or as determined by the WCAB. ARTICLE XV PROBATIONARY PERIOD Section A. The probationary period is part of the examination process. It is a work- test period during which the employee's performance and conduct on the job are evaluated to determine whether or not the employee is fully qualified for permanent appointment. During the probationary period, a probationer may be released, or demoted if permanent status is held in a lower classification, without the right of appeal, if the appointing power deems the probationer unfit or unsatisfactory for service. When a provisional appointment is made to a probationary position and subsequently the appointee is appointed to the position as a probationary employee, with no time interval between the provisional and probationary appointment, the "employment date" as herein defined, shall be the date first appointed on a provisional basis. Section B. All eligible candidates appointed to a position from an open competitive examination and who are not currently employed in a permanent position shall be on probation for 12 months before attaining permanent status. For the classifications of Dispatcher I, Dispatcher II, Community Service Officer, and Police Records Technician I/II and Senior Police Records Technician the probationary period for all eligible candidates appointed from an open competitive examination and who are not currently employed in a permanent position, shall be 18 months. Eligible candidates appointed from a promotional list to these classifications, (except Dispatcher I promoting to a Dispatcher II) shall be on probation 12 months 35 APCEA MOU 2021 - 2024 before attaining permanent status. A Dispatcher I who has successfully completed probation and is appointed from a promotional list to Dispatcher II shall be on probation for 6 months before attaining permanent status. Section C. Probationary period may be extended for a one 6 month period with the approval of the Human Resources Administrator. Section D. A probationary employee who is holding a promotional position shall have the right to demotion to the classification in which they hold a permanent appointment, unless the employee was discharged for cause from City employment. ARTICLE XVI SPECIAL PAY Section A. ACTING PAY Any employee in the unit who is required, in writing, to work 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. 5% above their current rate of pay or A step of the higher classification, whichever is higher; or 2. Should such percentage exceed the top step of the range for the higher classification, the employee shall receive compensation at the top step of the higher classification. Nothing contained herein shall apply to an employee who is being trained by the City to qualify for a higher classification. Section B. CALL-BACK PAY If a unit member is required while off duty to report back to work on a call- out, they shall receive a minimum of 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. 36 APCEA MOU 2021 - 2024 Section C. ON-CALL SUBPOENA PAY If a unit member receives a subpoena AND is required to be on call, unit member shall receive 2 hours of pay at straight time. Section D. BILINGUAL PAY The total number of positions authorized for bilingual pay at any time is at the discretion of the Police Chief. The Police Chief shall be responsible for determining appointments based on the following criteria: 1. Appropriate job positions/specific to a job assignment. 2. Employee has most frequently utilized bilingual skills in the past. An employee who believes their position/job assignment has a need for their bilingual capabilities and/or has frequently utilized their bilingual skills in the past shall notify their direct supervisor in writing. The Police Chief will notify the City Manager and Human Resources if it is determined that the bilingual skills are needed. Once certified, the employee shall receive a bilingual pay stipend of $75 per month. Once an employee is certified for bilingual pay, an employee shall be willing to assist other departments if bilingual assistance is needed during their work hours. The City and the Association agree that once an employee receives bilingual certification and the bilingual pay stipend, the employee will not have the stipend rescinded during the course of employment within the position for which the employee tested. If such time the employee promotes or is otherwise reassigned to another position and such need for bilingual skills is not needed, the Department Head will notify the employee and Human Resources in writing of the determination of removal of bilingual skills. Any employee who is not certified as bilingual by the City shall not be required to use a language other than English. However, when a member of the public, who does not speak English, asks an employee for assistance in a language other than English that the employee understands, the employee shall make a reasonable effort to communicate with the member of the public in a polite and professional manner. Section E. TRAINING PAY During the term of this agreement, an employee assigned by the Chief or their designee to perform the extra duty and responsibility of training new Police Cadets shall receive $15.00 per day, in addition to their base salary, only while in the capacity of training the new Police Cadet. An employee assigned by the Chief or their designee to perform the extra duty and responsibility of training a new full-time employee shall receive 37 APCEA MOU 2021 - 2024 $20.00 per day, in addition to their base salary, only while in the capacity of training the new employee. ARTICLE XVII LAYOFFS Section A. LAYOFF PROCEDURE The City Manager or appointing power may layoff an employee because of change in duties or organization, deletion of service, adverse working conditions, shortage of work or funds or return of employees from authorized leave of absence. The order of layoff shall be based on performance (outlined in Section C below), and the total cumulative time served in the same classification, from least to greatest, upon the date established for the layoff to become effective. The order of employee layoff in a department shall be as follows: temporary, provisional, probationary, permanent. The employee in the class with the least seniority in the department will be laid off and may exercise bumping rights, if any, to the least senior incumbent in the class in the City. However, if a vacancy exists in the class, there will be no bumping and the employee who is to be laid off will be reassigned to the vacant position. Classified employees may only bump or voluntarily demote to a classified position and unclassified employees may only bump or demote to an unclassified position. Permanent full-time employees who receive notice of layoff may, in lieu of layoff, voluntarily demote to the next lower classification that the employee previously held within the unit, provided such employee's seniority in the department is greater than the most junior employee holding the lower position. Permanent part-time employees may in lieu of layoff voluntarily demote to the next lower part-time classification that the employee previously held within the unit, provided such employee’s seniority in the department is greater than the most junior employee holding the lower position. Employees in classifications which are found in more than one Department may in lieu of layoff voluntarily transfer to another City department in the same classification, or lower classification, provided there is a funded vacant position or provided the employee’s seniority is greater than the most junior employee holding the position. An employee who transfers across departmental lines shall serve a six- month probationary period. If the employee fails the probationary period 38 APCEA MOU 2021 - 2024 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 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 and has successfully completed a probationary period. 2. Layoff – Permanent separation from employment with the City as a result of a work reduction. 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 XVIII PERSONNEL FILES Section A. The City shall maintain a central personnel file for each employee in Human Resources. 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. 39 APCEA MOU 2021 - 2024 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 3 years will not be considered in promotional recruitments. ARTICLE XIX EMPLOYEE GRIEVANCES Section A. DEFINITIONS 1. Grievance – A grievance is an allegation by an employee(s) of a misinterpretation or misapplication of any express provision of the applicable Memorandum of Understanding or City and/or Department Personnel Rules and Regulations where there is no other specific method of review provided by City law. 2. Grievant – An employee or group of employees in the classified service adversely affected by an act or omission by the City allegedly in violation of an express provision of the Memorandum of Understanding or City and/or Department Personnel Rules and Regulations. 3. Department Head – The department head or designee. 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 40 APCEA MOU 2021 - 2024 the City has failed to comply with an evaluation procedure set forth in a specific provision of the MOU and/or City/Department Personnel Rules and Regulations are grievable. c. The procedure is not intended to be used to challenge a reclassification, layoff, transfer, denial of reinstatement, or denial of a step or merit increase. Notwithstanding the above, if the process used to reach the foregoing decisions is not in compliance with an express provision of the MOU and/or City/Department Personnel Rules and Regulations, a grievance may be filed. d. The procedure is not intended to be used in cases of oral or written reprimand, demotion, suspension, removal or other disciplinary action. Appeals of disciplinary actions are covered by the City’s Personnel Rules and Regulations. e. The procedure is not to be used to challenge examinations or appointment to positions. Notwithstanding the above, if the process used to reach the foregoing decisions is not in compliance with an express provision of the MOU and/or City/Department Personnel Rules and Regulations, a grievance may be filed. Section B. TIMELINESS The grievance must be filed by the employee within the timelines set forth herein. Failure of the employee to file the initial grievance or process the grievance from one level to another in a timely manner is a forfeiture of the grievance and the grievance will not be processed further. If the City fails to respond in a timely manner, the employee may proceed to the next level. Section C. EMPLOYEE REPRESENTATION The employee may be represented by a person of his or her choice to prepare and present the grievance. The employee may use a reasonable amount of release time to process the grievance. The release time must be approved by the Department Head. Section D. INFORMAL GRIEVANCE PROCEDURE Within 15 working days following the event, or within 15working days after the employee should reasonably have known of the event, the employee should attempt to resolve the grievance on an informal basis by discussion with his or her immediate supervisor. Section E. FORMAL GRIEVANCE PROCEDURE 41 APCEA MOU 2021 - 2024 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 10 working days after the informal discussion with the immediate supervisor, the employee shall present the grievance in writing to the next level supervisor on the official City grievance form setting forth the following information: a. The specific section of the rules or MOU allegedly violated. b. The specific act or omission which gave rise to the alleged violation. c. The date or dates on which the violation occurred. d. Documents, witnesses or evidence in support of the grievance. e. The resolution of the grievance at the informal stage. f. The remedy requested. A copy of the grievance shall be provided to Human Resources concurrently with presentation to the immediate supervisor. The next level supervisor shall render a decision in writing, on the grievance form, within 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 10 working days after receiving the next level supervisor’s decision or 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 10 working days of receiving the grievance or within 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 10 working days after receiving the Department Head’s decision or 20 days from the date the Department Head 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. 42 APCEA MOU 2021 - 2024 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 10 working days of receiving the grievance or the holding of a grievance meeting whichever is longer. 4. Human Resources Commission If the employee is not in agreement with the decision of the Human Resources Administrator or if the Human Resources Administrator has failed to respond, the employee shall present the grievance to the Human Resources Commission within 10 working days from the date of receipt of the Human Resources Administrator’s decision or 20 days from the date the Human Resources Administrator received the grievance but failed to issue a decision. Section F. APPEAL TO HUMAN RESOURCES COMMISSION 1. Scheduling of Hearing: Upon receipt of the request for an appeal, the City shall, within 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 20 working days nor more than 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 10 working days prior to the hearing. 2. Public Hearings: All hearings shall be open to the public. 3. Pre-Hearing Procedure: a. Subpoenas: The Human Resources Commission is authorized to issue subpoenas at the request of either party prior to the commencement of the hearing. After the commencement of the hearing, subpoenas shall be issued by the Commission only for good cause. Each party will prepare their own subpoenas and present them to the Human Resources Division of the Administrative Services Department and the other party. The Human Resources Division of the Administrative Services Department will issue the subpoenas. The Human Resources Division of the Administrative Services Department will serve subpoenas for current City employees. It will be the responsibility of the employee or the City to serve subpoenas on individuals who are not currently employed by the City. It will be the responsibility of the employee and the City to submit the written request for subpoenas at least 10 working days before the date of the hearing. 43 APCEA MOU 2021 - 2024 b. Exhibits and Witness Lists: 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. The exhibits shall be emailed to the Human Resources Division of the Administrative Services Department The employer’s exhibits shall be designated by number. The employee’s exhibits shall be designated by alphabetical letter. Neither party will be permitted to call during the hearing, a witness not identified pursuant to this section nor use any exhibit not provided pursuant to this section unless that party can show that they could not reasonably have anticipated the prior need for such witness or such exhibit. c. Statement of Issues: 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: 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. 44 APCEA MOU 2021 - 2024 c. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence that shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. d. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. e. Irrelevant and unduly repetitious evidence may be excluded. f. The Human Resources Commission shall determine relevancy, weight and credibility of testimony and evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. g. During examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party. h. The Human Resources Commission may conduct the hearing or delegate evidentiary and/or procedural rulings to its legal counsel. 7. Burden of Proof: In a grievance appeal the grievant has the burden of proof by preponderance of the evidence. 8. Proceed with Hearing or Request for Continuance: Each side should be asked if it is ready to proceed. If either side is not ready and wishes a continuance, good cause must be stated. Any request for a continuance must be made in writing and submitted prior to the hearing to all parties. Before requesting a continuance, the moving party shall contact all parties to determine if there is any opposition to the continuance and shall state in its request if there is opposition. 9. Testimony under Oath: All witnesses shall be sworn in for the record prior to offering testimony at the hearing. The chairperson will request the witnesses to raise their right hand and respond to the following: “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. 45 APCEA MOU 2021 - 2024 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 their evidence. e. The respondent may then offer its evidence. f. The grievant followed by the respondent may offer rebutting evidence. g. Closing arguments shall be permitted at the discretion of the Human Resources Commission. The party with the burden of proof shall have the right to go first and to close the hearing by making the last argument. The Commission may place a time limit on closing arguments. The Commission or the parties may request the submission of written briefs. After the request for submittal of written briefs, the Commission will determine whether to allow the parties to submit written briefs and determine the number of pages of said briefs. 11. Procedure for the Parties: The party representing the department and the party representing the employee will address their remarks, including objections, to the Chair of the Human Resources Commission. Objections may be ruled upon summarily or argument may be permitted. The Chair reserves the right to terminate argument at any time and issue a ruling regarding an objection or any other matter, and thereafter the representatives shall continue with the presentation of their case. 12. Right to Control Proceedings: While the parties are generally free to present their case in the order that they prefer, the Chair reserves the right to control the proceedings, including, but not limited to, altering the order of witnesses, limiting redundant or irrelevant testimony, or by the direct questioning of witnesses. 13. Hearing Demeanor and Behavior: All parties and their attorneys or representatives shall not, by written submission or oral presentation, disparage the intelligence, ethics, morals, integrity or personal behavior of their adversaries or members of the Commission. 14. Deliberation Upon the Case: The Commission will consider all oral and documentary evidence, the credibility of witnesses, and other appropriate factors in reaching their decision. The Commission may deliberate at the close of the hearing in closed session or at a later fixed date and time not to exceed 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 10 working days after 46 APCEA MOU 2021 - 2024 concluding the hearing, unless otherwise stipulated to by the parties. The recommended decision shall include an explanation of the basis for the decision. The Human Resources Commission shall not be polled as to their decision by the grievant or the grievants counsel. 16. Recommendation to the City Manager: The decision of the Human Resources Commission is advisory to the City Manager. The proposed decision shall be provided to the grievant and the City Manager. Either the employee or the department may file a written appeal to the proposed decision, by filing exceptions thereto with the Human Resources Administrator within 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 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 10 working days of the filing of exceptions, or within 10 days of receipt of the transcript, the City Manager shall review the decision of the Commission, any exceptions filed, and a record, if one is requested. The decision of the City Manager shall be final. The decision shall be transmitted to the employee and to the Department Head. ARTICLE XX DISCIPLINARY ACTIONS Section A. DISCIPLINARY ACTION: SUSPENSION, SALARY REDUCTION, DEMOTION AND DISMISSAL The appointing powers are vested with the right to discipline or to dismiss permanent employees as provided by this section. A permanent employee holding a position in the classified service shall be subject to suspension without pay, salary reduction, demotion or dismissed for cause. A permanent employee in the classified service shall have the right to appeal the suspension without pay, demotion, or dismissal to the Human Resources Commission. If the appeal is timely filed, a hearing will be scheduled by the Human Resources Commission in accordance with the City’s Personnel Rules. 47 APCEA MOU 2021 - 2024 Probationary employees are subject to demotion or dismissal without cause or right to a hearing except as otherwise required by law. Section B. SALARY REDUCTION An employee may be disciplined by reduction in compensation to any step in the salary scale applicable to the employee’s current classification or to the classification to which the employee is demoted. Section C. UNAUTHORIZED ABSENCE Unauthorized leaves of absence may be considered cause for up to and including dismissal, subject to the City’s disciplinary appeals process. ARTICLE XXI FULL UNDERSTANDING This Memorandum of Understanding and attached side-letters contains all the covenants, stipulations and provisions agreed upon by the parties and any other prior existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. It is the intent of the parties that this agreement be administered in its entirety in good faith during its full term. The Association recognizes that during such term it may be necessary for Management to make changes in rules or procedures affecting the employees in the unit and that the City will meet and confer as required by law, before implementing changes. For the life of this agreement it is agreed and understood that the Association hereto voluntarily agrees that the City shall not be required to meet and confer with respect to any subject or matter whether referred to or covered in this agreement or not during the term of this agreement except as set forth above. The parties may mutually agree in writing to meet and confer on any subject contained in this agreement during the life of this agreement. The parties have caused this Memorandum of Understanding to be executed this _____ day of _____________, 2021. ARCADIA POLICE CIVILIAN EMPLOYEES ASSOCIATION ________________________________ CITY OF ARCADIA ___________________________________ 48 APCEA MOU 2021 - 2024 Kristi Ortiz, President Dominic Lazzaretto, City Manager 2021- 2024 Negotiation Teams APCEA Negotiating Team _ Emily Hess, Treasurer _ Sheri Everhart, Negotiating Team Member Alma Arellanes, Negotiating Team Member City of Arcadia Representatives ___ Jason Kruckeberg, Assistant City Manager/ Development Services Director ___ Hue Quach, Administrative Services Director ___ Shama Curian, Human Resources Administrator __________________________________ Cecilia Todd, Senior Human Resources Analyst Exhibit A Range Number Title Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J 40A Police Records Technician I 3,186$ 3,263$ 3,345$ 3,427$ 3,515$ 3,601$ 3,692$ 3,785$ 3,880$ 3,979$ 41A 3,263$ 3,345$ 3,427$ 3,515$ 3,601$ 3,692$ 3,785$ 3,880$ 3,979$ 4,076$ 42A 3,345$ 3,427$ 3,515$ 3,601$ 3,692$ 3,785$ 3,880$ 3,979$ 4,076$ 4,179$ 43A 3,427$ 3,515$ 3,601$ 3,692$ 3,785$ 3,880$ 3,979$ 4,076$ 4,179$ 4,281$ 44A Police Records Technician II 3,515$ 3,601$ 3,692$ 3,785$ 3,880$ 3,979$ 4,076$ 4,179$ 4,281$ 4,388$ 45A 3,601$ 3,692$ 3,785$ 3,880$ 3,979$ 4,076$ 4,179$ 4,281$ 4,388$ 4,498$ 46A 3,692$ 3,785$ 3,880$ 3,979$ 4,076$ 4,179$ 4,281$ 4,388$ 4,498$ 4,609$ 47A 3,785$ 3,880$ 3,979$ 4,076$ 4,179$ 4,281$ 4,388$ 4,498$ 4,609$ 4,724$ 48A Dispatcher I 3,880$ 3,979$ 4,076$ 4,179$ 4,281$ 4,388$ 4,498$ 4,609$ 4,724$ 4,843$ 49A 3,979$ 4,076$ 4,179$ 4,281$ 4,388$ 4,498$ 4,609$ 4,724$ 4,843$ 4,966$ 50A Community Services Officer 4,076$ 4,179$ 4,281$ 4,388$ 4,498$ 4,609$ 4,724$ 4,843$ 4,966$ 5,087$ 51A 4,179$ 4,281$ 4,388$ 4,498$ 4,609$ 4,724$ 4,843$ 4,966$ 5,087$ 5,216$ 52A 4,281$ 4,388$ 4,498$ 4,609$ 4,724$ 4,843$ 4,966$ 5,087$ 5,216$ 5,345$ 53A 4,388$ 4,498$ 4,609$ 4,724$ 4,843$ 4,966$ 5,087$ 5,216$ 5,345$ 5,481$ 54A Dispatcher II Logistical Services Officer 4,498$ 4,609$ 4,724$ 4,843$ 4,966$ 5,087$ 5,216$ 5,345$ 5,481$ 5,615$ 55A 4,609$ 4,724$ 4,843$ 4,966$ 5,087$ 5,216$ 5,345$ 5,481$ 5,615$ 5,756$ 56A 4,724$ 4,843$ 4,966$ 5,087$ 5,216$ 5,345$ 5,481$ 5,615$ 5,756$ 5,899$ 57A 4,843$ 4,966$ 5,087$ 5,216$ 5,345$ 5,481$ 5,615$ 5,756$ 5,899$ 6,047$ 58A 4,966$ 5,087$ 5,216$ 5,345$ 5,481$ 5,615$ 5,756$ 5,899$ 6,047$ 6,199$ 59A Dispatch Services Supervisor 5,087$ 5,216$ 5,345$ 5,481$ 5,615$ 5,756$ 5,899$ 6,047$ 6,199$ 6,354$ 60A Property, Evidence, Crime Scene Technician 5,216$ 5,345$ 5,481$ 5,615$ 5,756$ 5,899$ 6,047$ 6,199$ 6,354$ 6,513$ 61A 5,345$ 5,481$ 5,615$ 5,756$ 5,899$ 6,047$ 6,199$ 6,354$ 6,513$ 6,676$ 62A 5,481$ 5,615$ 5,756$ 5,899$ 6,047$ 6,199$ 6,354$ 6,513$ 6,676$ 6,844$ 63A 5,615$ 5,756$ 5,899$ 6,047$ 6,199$ 6,354$ 6,513$ 6,676$ 6,844$ 7,014$ 64A 5,756$ 5,899$ 6,047$ 6,199$ 6,354$ 6,513$ 6,676$ 6,844$ 7,014$ 7,188$ 65A 5,899$ 6,047$ 6,199$ 6,354$ 6,513$ 6,676$ 6,844$ 7,014$ 7,188$ 7,370$ 66A 6,047$ 6,199$ 6,354$ 6,513$ 6,676$ 6,844$ 7,014$ 7,188$ 7,370$ 7,554$ 67A 6,199$ 6,354$ 6,513$ 6,676$ 6,844$ 7,014$ 7,188$ 7,370$ 7,554$ 7,743$ 68A Police Communications Coordinator 6,354$ 6,513$ 6,676$ 6,844$ 7,014$ 7,188$ 7,370$ 7,554$ 7,743$ 7,936$ EXHIBIT A CITY OF ARCADIA MONTHLY SALARY RANGE JULY 1, 2021 - JUNE 30, 2022 APCEA - 3.0% COLA Exhibit A Range Number Title Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J 40A Police Records Technician I 3,282$ 3,361$ 3,445$ 3,530$ 3,621$ 3,710$ 3,803$ 3,899$ 3,996$ 4,098$ 41A 3,361$ 3,445$ 3,530$ 3,621$ 3,710$ 3,803$ 3,899$ 3,996$ 4,098$ 4,199$ 42A 3,445$ 3,530$ 3,621$ 3,710$ 3,803$ 3,899$ 3,996$ 4,098$ 4,199$ 4,305$ 43A 3,530$ 3,621$ 3,710$ 3,803$ 3,899$ 3,996$ 4,098$ 4,199$ 4,305$ 4,410$ 44A Police Records Technician II 3,621$ 3,710$ 3,803$ 3,899$ 3,996$ 4,098$ 4,199$ 4,305$ 4,410$ 4,520$ 45A 3,710$ 3,803$ 3,899$ 3,996$ 4,098$ 4,199$ 4,305$ 4,410$ 4,520$ 4,633$ 46A 3,803$ 3,899$ 3,996$ 4,098$ 4,199$ 4,305$ 4,410$ 4,520$ 4,633$ 4,747$ 47A 3,899$ 3,996$ 4,098$ 4,199$ 4,305$ 4,410$ 4,520$ 4,633$ 4,747$ 4,865$ 48A Dispatcher I 3,996$ 4,098$ 4,199$ 4,305$ 4,410$ 4,520$ 4,633$ 4,747$ 4,865$ 4,989$ 49A 4,098$ 4,199$ 4,305$ 4,410$ 4,520$ 4,633$ 4,747$ 4,865$ 4,989$ 5,115$ 50A Community Services Officer 4,199$ 4,305$ 4,410$ 4,520$ 4,633$ 4,747$ 4,865$ 4,989$ 5,115$ 5,240$ 51A 4,305$ 4,410$ 4,520$ 4,633$ 4,747$ 4,865$ 4,989$ 5,115$ 5,240$ 5,373$ 52A 4,410$ 4,520$ 4,633$ 4,747$ 4,865$ 4,989$ 5,115$ 5,240$ 5,373$ 5,506$ 53A 4,520$ 4,633$ 4,747$ 4,865$ 4,989$ 5,115$ 5,240$ 5,373$ 5,506$ 5,645$ 54A Dispatcher II Logistical Services Officer 4,633$ 4,747$ 4,865$ 4,989$ 5,115$ 5,240$ 5,373$ 5,506$ 5,645$ 5,784$ 55A 4,747$ 4,865$ 4,989$ 5,115$ 5,240$ 5,373$ 5,506$ 5,645$ 5,784$ 5,929$ 56A 4,865$ 4,989$ 5,115$ 5,240$ 5,373$ 5,506$ 5,645$ 5,784$ 5,929$ 6,076$ 57A 4,989$ 5,115$ 5,240$ 5,373$ 5,506$ 5,645$ 5,784$ 5,929$ 6,076$ 6,229$ 58A 5,115$ 5,240$ 5,373$ 5,506$ 5,645$ 5,784$ 5,929$ 6,076$ 6,229$ 6,385$ 59A Dispatch Services Supervisor 5,240$ 5,373$ 5,506$ 5,645$ 5,784$ 5,929$ 6,076$ 6,229$ 6,385$ 6,545$ 60A Property, Evidence, Crime Scene Technician 5,373$ 5,506$ 5,645$ 5,784$ 5,929$ 6,076$ 6,229$ 6,385$ 6,545$ 6,708$ 61A 5,506$ 5,645$ 5,784$ 5,929$ 6,076$ 6,229$ 6,385$ 6,545$ 6,708$ 6,876$ 62A 5,645$ 5,784$ 5,929$ 6,076$ 6,229$ 6,385$ 6,545$ 6,708$ 6,876$ 7,049$ 63A 5,784$ 5,929$ 6,076$ 6,229$ 6,385$ 6,545$ 6,708$ 6,876$ 7,049$ 7,224$ 64A 5,929$ 6,076$ 6,229$ 6,385$ 6,545$ 6,708$ 6,876$ 7,049$ 7,224$ 7,404$ 65A 6,076$ 6,229$ 6,385$ 6,545$ 6,708$ 6,876$ 7,049$ 7,224$ 7,404$ 7,591$ 66A 6,229$ 6,385$ 6,545$ 6,708$ 6,876$ 7,049$ 7,224$ 7,404$ 7,591$ 7,780$ 67A 6,385$ 6,545$ 6,708$ 6,876$ 7,049$ 7,224$ 7,404$ 7,591$ 7,780$ 7,975$ 68A Police Communications Coordinator 6,545$ 6,708$ 6,876$ 7,049$ 7,224$ 7,404$ 7,591$ 7,780$ 7,975$ 8,174$ EXHIBIT A CITY OF ARCADIA MONTHLY SALARY RANGE JULY 1, 2022 - JUNE 30, 2023 APCEA - 3.0% COLA Exhibit A Range Number Title Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J 40A Police Records Technician I 3,413$ 3,495$ 3,583$ 3,671$ 3,766$ 3,858$ 3,955$ 4,055$ 4,156$ 4,262$ 41A 3,495$ 3,583$ 3,671$ 3,766$ 3,858$ 3,955$ 4,055$ 4,156$ 4,262$ 4,367$ 42A 3,583$ 3,671$ 3,766$ 3,858$ 3,955$ 4,055$ 4,156$ 4,262$ 4,367$ 4,477$ 43A 3,671$ 3,766$ 3,858$ 3,955$ 4,055$ 4,156$ 4,262$ 4,367$ 4,477$ 4,586$ 44A Police Records Technician II 3,766$ 3,858$ 3,955$ 4,055$ 4,156$ 4,262$ 4,367$ 4,477$ 4,586$ 4,701$ 45A 3,858$ 3,955$ 4,055$ 4,156$ 4,262$ 4,367$ 4,477$ 4,586$ 4,701$ 4,818$ 46A 3,955$ 4,055$ 4,156$ 4,262$ 4,367$ 4,477$ 4,586$ 4,701$ 4,818$ 4,937$ 47A 4,055$ 4,156$ 4,262$ 4,367$ 4,477$ 4,586$ 4,701$ 4,818$ 4,937$ 5,060$ 48A Dispatcher I 4,156$ 4,262$ 4,367$ 4,477$ 4,586$ 4,701$ 4,818$ 4,937$ 5,060$ 5,188$ 49A 4,262$ 4,367$ 4,477$ 4,586$ 4,701$ 4,818$ 4,937$ 5,060$ 5,188$ 5,320$ 50A Community Services Officer 4,367$ 4,477$ 4,586$ 4,701$ 4,818$ 4,937$ 5,060$ 5,188$ 5,320$ 5,449$ 51A 4,477$ 4,586$ 4,701$ 4,818$ 4,937$ 5,060$ 5,188$ 5,320$ 5,449$ 5,588$ 52A 4,586$ 4,701$ 4,818$ 4,937$ 5,060$ 5,188$ 5,320$ 5,449$ 5,588$ 5,726$ 53A 4,701$ 4,818$ 4,937$ 5,060$ 5,188$ 5,320$ 5,449$ 5,588$ 5,726$ 5,871$ 54A Dispatcher II Logistical Services Officer 4,818$ 4,937$ 5,060$ 5,188$ 5,320$ 5,449$ 5,588$ 5,726$ 5,871$ 6,015$ 55A 4,937$ 5,060$ 5,188$ 5,320$ 5,449$ 5,588$ 5,726$ 5,871$ 6,015$ 6,166$ 56A 5,060$ 5,188$ 5,320$ 5,449$ 5,588$ 5,726$ 5,871$ 6,015$ 6,166$ 6,319$ 57A 5,188$ 5,320$ 5,449$ 5,588$ 5,726$ 5,871$ 6,015$ 6,166$ 6,319$ 6,478$ 58A 5,320$ 5,449$ 5,588$ 5,726$ 5,871$ 6,015$ 6,166$ 6,319$ 6,478$ 6,640$ 59A Dispatch Services Supervisor 5,449$ 5,588$ 5,726$ 5,871$ 6,015$ 6,166$ 6,319$ 6,478$ 6,640$ 6,806$ 60A Property, Evidence, Crime Scene Technician 5,588$ 5,726$ 5,871$ 6,015$ 6,166$ 6,319$ 6,478$ 6,640$ 6,806$ 6,976$ 61A 5,726$ 5,871$ 6,015$ 6,166$ 6,319$ 6,478$ 6,640$ 6,806$ 6,976$ 7,151$ 62A 5,871$ 6,015$ 6,166$ 6,319$ 6,478$ 6,640$ 6,806$ 6,976$ 7,151$ 7,331$ 63A 6,015$ 6,166$ 6,319$ 6,478$ 6,640$ 6,806$ 6,976$ 7,151$ 7,331$ 7,513$ 64A 6,166$ 6,319$ 6,478$ 6,640$ 6,806$ 6,976$ 7,151$ 7,331$ 7,513$ 7,700$ 65A 6,319$ 6,478$ 6,640$ 6,806$ 6,976$ 7,151$ 7,331$ 7,513$ 7,700$ 7,895$ 66A 6,478$ 6,640$ 6,806$ 6,976$ 7,151$ 7,331$ 7,513$ 7,700$ 7,895$ 8,092$ 67A 6,640$ 6,806$ 6,976$ 7,151$ 7,331$ 7,513$ 7,700$ 7,895$ 8,092$ 8,294$ 68A Police Communications Coordinator 6,806$ 6,976$ 7,151$ 7,331$ 7,513$ 7,700$ 7,895$ 8,092$ 8,294$ 8,501$ EXHIBIT A CITY OF ARCADIA MONTHLY SALARY RANGE JULY 1, 2023 - JUNE 30, 2024 APCEA - 4.0% COLA CITY OF ARCADIA AND ARCADIA CITY EMPLOYEES’ ASSOCIATION (CONFIDENTIAL/SUPERVISORY/PROFESSIONAL UNIT AND GENERAL EMPLOYEE UNIT) MEMORANDUM OF UNDERSTANDING JULY 1, 2021 – JUNE 30, 2024 i ACEA MOU 2021 – 2024 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. LEGISLATIVE AUTHORITY ........................................................................................... 4 Section B. RIGHT TO JOIN ............................................................................................................... 5 Section C. USE OF BULLETIN BOARDS ....................................................................................... 5 Section D. ACCESS TO FACILITIES ............................................................................................... 6 Section E. ASSOCIATION STEWARDS ......................................................................................... 6 Section F. REASONABLE NOTICE ................................................................................................. 7 ARTICLE IV MANAGEMENT RIGHTS .............................................................................................. 8 ARTICLE V COMPENSATION .......................................................................................................... 8 Section A. SALARY SCHEDULES ................................................................................................... 8 Section B. PROMOTION OR ADVANCEMENT ............................................................................. 9 Section C. PERCENTAGES BETWEEN STEPS ........................................................................... 9 Section D. ADVANCEMENT THROUGH STEPS .......................................................................... 9 ARTICLE VI RETIREMENT ................................................................................................................. 9 Section A. EMPLOYEES HIRED BEFORE JULY 1, 2011 ........................................................... 9 Section B. EMPLOYEES HIRED ON OR AFTER OCTOBER 9, 2011 OTHER THAN NEW CALPERS MEMBERS .................................................................................................. 11 Section C. NEW CalPERS MEMBERS HIRED ON OR AFTER JANUARY 1, 2013 .............. 12 ii ACEA MOU 2021 – 2024 Section D. DEFERRED COMPENSATION ................................................................................... 13 ARTICLE VII HOURS ...................................................................................................................... 13 Section A. OVERTIME...................................................................................................................... 13 Section B. REST PERIODS ............................................................................................................. 14 Section C. WORK SCHEDULES .................................................................................................... 14 ARTICLE VIII STABILITY PAY/LONGEVITY PAY....................................................................... 15 Section A. STABILITY PAY ............................................................................................................. 15 Section B. LONGEVITY PAY .......................................................................................................... 15 ARTICLE IX TUITION ADVANCEMENT/REIMBURSEMENT ..................................................... 15 ARTICLE X MILEAGE REIMBURSEMENT ................................................................................... 16 ARTICLE XI HEALTH, DENTAL AND LIFE INSURANCE ........................................................... 17 Section A. EMPLOYEES HIRED BEFORE 7/1/2021 .................................................................. 17 Section B. EMPLOYEES HIRED ON OR AFTER 7/2/2021 ....................................................... 19 Section C. PERMANENT PART-TIME EMPLOYEES HIRED BEFORE 7/1/2021 ................. 20 Section D. PERMANENT PART-TIME EMPLOYEES HIRED ON OR AFTER 7/2/2021 ....... 22 ARTICLE XII RETIREE MEDICAL ................................................................................................ 23 Section A. RETIREE HEALTH INSURANCE FOR EMPLOYEES HIRED BEFORE JULY 1, 2011 ................................................................................................................................. 23 Section B. RETIREE HEALTH INSURANCE FOR EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 .................................................................................................................. 24 ARTICLE XIII DISABILITY INCOME INSURANCE ..................................................................... 24 ARTICLE XIV MEDICAL EXAMINATIONS .................................................................................... 25 Section A. ......................................................................................................................................... 25 Section B. ......................................................................................................................................... 25 ARTICLE XV UNIFORMS ............................................................................................................... 25 Section A. ......................................................................................................................................... 25 Section B. ......................................................................................................................................... 25 Section C. ......................................................................................................................................... 25 ARTICLE XVI LEAVES OF ABSENCE .......................................................................................... 26 Section A. NON-MEDICAL LEAVES WITHOUT PAY ................................................................. 26 Section B. FAMILY CARE AND MEDICAL LEAVES ................................................................... 27 Section C. TEMPORARY MILITARY LEAVE (Paid and Unpaid) .............................................. 27 iii ACEA MOU 2021 – 2024 Section D. VACATION LEAVE ........................................................................................................ 28 Section E. SICK LEAVE ................................................................................................................... 29 Section F. BEREAVEMENT LEAVE .............................................................................................. 31 Section G. HOLIDAYS ...................................................................................................................... 32 Section H. JURY LEAVE .................................................................................................................. 33 Section I. COURT WITNESS LEAVE ........................................................................................... 34 Section J. INDUSTRIAL ACCIDENT LEAVE ............................................................................... 34 ARTICLE XVII PROBATIONARY PERIOD .................................................................................... 35 Section A. ......................................................................................................................................... 35 Section B. ......................................................................................................................................... 35 Section C. ......................................................................................................................................... 35 Section D. ......................................................................................................................................... 35 Section E. ......................................................................................................................................... 35 ARTICLE XVIII SPECIAL PAY ........................................................................................................... 35 Section A. ACTING PAY .................................................................................................................. 35 Section B. CALL-BACK PAY ........................................................................................................... 36 Section C. BILINGUAL PAY ............................................................................................................ 36 ARTICLE XIX LAYOFFS .................................................................................................................. 37 Section A. LAYOFF PROCEDURE ................................................................................................ 37 Section B. RE-EMPLOYMENT LIST .............................................................................................. 38 Section C. DEFINITIONS ................................................................................................................. 38 ARTICLE XX PERSONNEL FILES ................................................................................................ 38 Section A. ......................................................................................................................................... 38 Section B. ......................................................................................................................................... 39 Section C. ......................................................................................................................................... 39 ARTICLE XXI EMPLOYEE GRIEVANCES ................................................................................... 39 Section A. DEFINITIONS ................................................................................................................. 39 Section B. TIMELINESS ................................................................................................................... 40 Section C. EMPLOYEE REPRESENTATION ............................................................................... 40 Section D. INFORMAL GRIEVANCE PROCEDURE ................................................................... 40 Section E. FORMAL GRIEVANCE PROCEDURE ....................................................................... 40 Section F. APPEAL TO HUMAN RESOURCES COMMISSION ............................................... 42 iv ACEA MOU 2021 – 2024 ARTICLE XXII DISCIPLINARY ACTIONS ...................................................................................... 46 Section A. SUSPENSION, SALARY REDUCTION, DEMOTION AND DISMISSAL .............. 46 Section B. NOTIFICATION AND APPEAL PROCEDURE ......................................................... 47 Section C. SALARY REDUCTION .................................................................................................. 47 Section D. UNAUTHORIZED ABSENCE....................................................................................... 47 ARTICLE XXIII DISCIPLINARY ACTIONS – FULL-TIME AND PART-TIME BENEFITED UNCLASSIFIED EMPLOYEES .............................................................................. 48 ARTICLE XXIV FULL UNDERSTANDING ....................................................................................... 48 Section A. ......................................................................................................................................... 48 Section B. ......................................................................................................................................... 49 2021 - 2024 NEGOTIATION TEAMS .................................................................................................... 49 1 ACEA MOU 2021 – 2024 PREAMBLE It is the purpose of the Memorandum of Understanding to promote and provide for harmonious relations, cooperation and communication between City Management and the City employees covered by this Memorandum. As a result of good faith negotiations between City Management representatives and Association representatives, this Memorandum sets forth the Agreement regarding wages, hours, and other terms and conditions of employment for the employees covered by this Memorandum. This Memorandum provides for an orderly means of resolving differences which may arise from time to time during its term. ARTICLE I Section A. PARTIES AND RECOGNITION The Memorandum of Understanding is made and entered into between the management representatives of the City of Arcadia, hereinafter referred to as the "City" and representatives of the Arcadia City Employees Association, a formally recognized exclusive employee organization, hereinafter referred to as the "Association", pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code §§3500 et. seq.). Section B. APPROPRIATE UNIT The classifications covered by this agreement are: Confidential/Supervisory/Professional Unit Accounting Specialist Assistant City Clerk Assistant Engineer Assistant Planner Associate Civil Engineer Associate Planner City Clerk Technician Deputy City Clerk Librarian I & II Principal Librarian Revenue Collection Specialist Senior Civil Engineer Senior Building Inspector Senior Library Technician Senior Planner 2 ACEA MOU 2021 – 2024 General Employee Unit Accounting Technician I & II Administrative Assistant Building Technician I & II Business License Officer Circulation Services Supervisor Code Services Officer Building Inspector Engineering Assistant Fire Administrative Specialist Fire Prevention Specialist Historical Museum Curator Information Systems Specialist Library Assistant Library Technician I & II Museum Education Coordinator Office Assistant Plans Examiner Public Works Inspector Office Coordinator Recreation Coordinator Senior Engineering Assistant Senior Accounting Technician Senior Administrative Assistant Senior Citizens Program Specialist Senior Citizens Project Specialist 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 the President of the Arcadia City Employees Association, 240 W. Huntington Drive, Arcadia, California, 91007. The duly authorized staff representative is Jeffrey Natke General Manager of City Employees’ Associates, 100 Oceangate, Suite 1200, Long Beach CA 90802 3 ACEA MOU 2021 – 2024 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 July 1, 2021 and ending June 30, 2024. 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. 4 ACEA MOU 2021 – 2024 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. LEGISLATIVE AUTHORITY In accordance with AB 119, the City shall notify the Association representatives when a new employee is hired in the bargaining unit, including during new employee onboarding and when a new employee orientation occurs. The City will provide reasonable paid release time of 30 minutes for the Board to meet with the new employee for the purposes of discussing membership in the Association. The City shall also provide the Association representatives with reports, as specified by AB 119, of all employees in the bargaining unit no less than quarterly. In accordance with SB 866, Association representatives will notify the City when a new employee has signed a membership card authorizing membership dues deduction and when such deductions shall begin. The City shall rely on the representations made by the association regarding the authorization to make, revoke, cancel, or change deductions for employees represented by the ACEA. The City shall deduct dues on a regular payroll basis for employees represented by the ACEA following receipt of written notice from ACEA that written authorization has been provided to the Association by the employee. The City shall remit such funds to the Association within 30 days of the deduction. 5 ACEA MOU 2021 – 2024 If an ACEA represented employee desires to revoke, cancel, or change prior dues deduction, such requests shall be directed in writing, in accordance with Association Bylaws, to the Association, which shall promptly provide written notice to the City. 1. Records. The Association shall keep an adequate itemized record of its financial transactions and shall make available upon request, to the City and to members, within 60 days of such request, 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. 2. Indemnification. In accordance with SB 866, the Association shall indemnify, defend and hold the City harmless from and against all claims and liabilities as a result of implementing and maintaining the terms of this article. 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. 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 any information which is defamatory, derogatory or obscene, subject to the immediate removal of the right to post for a period not to exceed 90 days. Locking bulletin boards will be made available in the Library, City Hall, Fire Station #1, Police Department and Recreation Center, and regular bulletin boards will be made available in Fire Station #2, and the City Service Center at a location approved by the Department Administrator, or City Manager. 6 ACEA MOU 2021 – 2024 Section D. ACCESS TO FACILITIES All Association business will be conducted by employees and Association representatives outside of established work hours. Nothing herein shall be construed to prevent an Association representative or an employee from contacting the Human Resources Administrator or other management representatives regarding personnel related matters during work hours. The authorized Association Business Agent shall be given access to work locations during working hours provided that prior to visiting any work location the Association representative shall: 1. Contact the Human Resources Administrator or designee, to state the purpose of their visit and which location they will be visiting; and 2. The Human Resources Administrator or designee determines that such visit shall not interfere with the operations of the department. In the event the requested time and/or location of such visit by the Association Business Agent is denied because it would interfere with the operations of the department, the Human Resources Administrator or designee shall set an alternative time and/or location for such visit within 72 hours. The Association may schedule after work hours meetings in the City Conference rooms or the City Council Chambers at such times these facilities are not in use by submitting a written request to the appropriate City administrator which shall include the date, time, number of people expected, general reason for the meeting, and an acknowledgment that no food or beverages will be consumed in City facilities. Approval will be granted in the same manner as it is granted to other organizations. Section E. ASSOCIATION STEWARDS 1. The 3 Association Stewards who are authorized to represent the Confidential/Supervisory/ Professional employees and the 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 Human Resources Administrator in writing of the names of the 7 Association Stewards. 2. The 3 Stewards who are authorized to represent the Confidential/Supervisory/ Professional employees and the 4 Association Stewards who are authorized to represent the General employee 7 ACEA MOU 2021 – 2024 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 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 the Human Resources Administrator, or their designee, and Association Business Agent to resolve problems within the scope of bargaining; and/or d. A 30 minute orientation period with new hires at the beginning of a new employee orientation conducted by the Human Resources Division. In addition, Association Stewards shall be provided a maximum of 2 hours per month of release time during their 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 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 F. REASONABLE NOTICE The City will provide 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. 8 ACEA MOU 2021 – 2024 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. 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 1. The City agrees to increase base salaries of classifications covered by this MOU in the amount of 3% effective July 1, 2021, 3% effective July 1, 2022, and 4% effective July 1, 2023. The salary schedules for classifications covered by this MOU are set forth on Exhibit A and incorporated herein. Retro increases will be given only to those unit members on City payroll as of the date of ratification of this agreement. 2. The ACEA will be given a one-time Non-PERSable bonus of $162,670 for the City to distribute through regular payroll to ACEA employees as decided by a majority vote of the ACEA general membership. 3. Additionally, the ACEA will be given a one-time bonus of $142,600 to ACEA employees as decided by majority vote of the ACEA general membership. The one-time bonus will be paid following the ratification of this agreement. 9 ACEA MOU 2021 – 2024 The Association shall indemnify, defend, and hold the City harmless from and against all claims and liabilities as a result of implementing the terms of Section A (3) of this article above. 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 5% increase in compensation unless the top step in such range provides less than that amount. Such one step of approximately 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 2.5%. 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 an example of merit increases when an employee begins employment at step A: A Step to C Step: 6 months All other Steps: 12 months A salary step advancement at 6 months will be determined upon satisfactory performance evaluation during this test period and shall not imply automatic passing of probation at the end of the 12-month probationary period. Salary step advancements are not assured. Any step advancement 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 10 ACEA MOU 2021 – 2024 The City contracts with the State of California Public Employees Retirement System (CalPERS) 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 $0.93 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. As permitted by CalPERS, employees may elect to purchase service credit by remitting payment to CalPERS via payroll deductions. If the employee elects this option, the City agrees to allow members to elect those payments as pre-tax payroll deductions for service purchases 9. Special compensation items shall be reported to CalPERS in accordance with applicable law 10. Employees agree to make contributions to offset a portion of the City’s costs related to CalPERS retirement benefits. The employee cost-sharing will be accomplished through pre-tax deductions in the manner contemplated by Government Code §20516(f). The parties recognize that the IRS has yet to take a position on the pre-tax status of deductions made under §20516(f) and in the event that, subsequent to the effective date of this provision, the IRS determines that such deductions do not qualify for pre-tax status, the parties agree to meet and discuss the effects thereof. The cost sharing arrangement will be implemented as follows: Employees will pay 7% of PERSable compensation for CalPERS retirement via payroll deduction toward the City’s Employer Contribution to CalPERS and said amount will be allocated to the employer’s account. 11. In addition to the foregoing cost sharing payments, employees shall continue to pay 1% of the member contribution to CalPERS. 12. The City shall continue to pay the cost of the employees’ member contribution to CalPERS in the amount of 7% (EPMC) and shall continue to report that as additional compensation pursuant to 11 ACEA MOU 2021 – 2024 §20636(c)(4) of the Government Code. Further, said amount will be allocated to the employee’s retirement account. 13. 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 0.276%. The cost-sharing arrangement will be implemented as follows: Employees will pay 0.138% of PERSable compensation to CalPERS retirement via payroll deduction; and the City will pay 0.138% of PERSable compensation to CalPERS retirement. 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 (CalPERS) 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. 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 $0.93 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. As permitted by CalPERS, employees may elect to purchase service credit by remitting payment to CalPERS via payroll deductions. If the employee elects this option, the City agrees to allow members to elect those payments as pre-tax payroll deductions for service purchases 9. Special compensation items shall be reported to CalPERS in accordance with applicable law 12 ACEA MOU 2021 – 2024 10. Employee will pay the 7% member contribution to CalPERS via payroll deduction 11. 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 0.276%. The cost- sharing arrangement will be implemented as follows: Employees will pay 0.138% of PERSable compensation to CalPERS retirement via payroll deduction; and the City will pay 0.138% of PERSable compensation to CalPERS retirement. Section C. NEW CalPERS MEMBERS HIRED ON OR AFTER JANUARY 1, 2013 The City contracts with the State of California Public Employees Retirement System (CalPERS) 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. A 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 $0.93 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. As permitted by CalPERS, employees may elect to purchase service credit by remitting payment to CalPERS via payroll deductions. If the employee elects this option, the City agrees to allow members to elect those payments as pre-tax payroll deductions for service purchases 9. Special compensation items shall be reported to CalPERS in accordance with applicable law 13 ACEA MOU 2021 – 2024 10. Employee will pay 50% of the normal cost, currently 6.75% member contribution to CalPERS on a pre-tax basis via payroll deduction 11. 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 0.276%. The cost- sharing arrangement will be implemented as follows: Employees will pay 0.138% of PERSable compensation to CalPERS retirement via payroll deduction; and the City will pay 0.138% of PERSable compensation to CalPERS retirement. Section D. DEFERRED COMPENSATION Employees may elect to allocate salary to the City’s 457 Plan on a pre-tax basis in accordance with the provisions of the Plan. ARTICLE VII HOURS Section A. OVERTIME With the approval of the City Manager, and when necessary to perform essential work, a Department Administrator may require an employee(s) to work at any time other than during regular working hours until such work is completed. Represented employees required to be in a work status beyond 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 their 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 14 ACEA MOU 2021 – 2024 regular rate of pay. This does not apply to classes or other functions which the employee voluntarily attends. The Department Administrator or City Manager may permit an employee to take compensatory time in lieu of paid overtime. With Department Administrator approval, represented employees shall be permitted to accumulate compensatory time only to a maximum of 100 hours. When the maximum level of compensatory time is reached, overtime shall be paid. Each employee may cash out up to 20 hours of their available compensatory time hours one time during each fiscal year. 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 8 or 9 hour shift worked, at the discretion of the respective department, two 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 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 2 weeks-notice of change in work hours, work times and work schedules. In the case of an emergency or 15 ACEA MOU 2021 – 2024 temporary change in work schedules, work times or work hours, reasonable notice shall be given to affected employees. ARTICLE VIII STABILITY PAY/LONGEVITY PAY 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 20 years 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 payroll as of December 1. Stability Payments will be paid on a pro-rata basis to employees that retire or are laid off prior to December 1, provided they meet all eligibility requirements. Section B. LONGEVITY PAY A Longevity Pay benefit will be implemented based on the following formula: Completed Years of Continuous Service 5 - 9 Yrs. 10 -14 Yrs. 15 + Yrs. Amount Per Pay Period $42.02 $63.04 $84.06 The Longevity Pay benefit is effective the pay period an employee completes 5, 10 or 15 years of continuous employment with the City. The foregoing amounts shall be subject to applicable payroll deductions. Permanent Part Time Employees covered under this Agreement receive half of the benefit amount listed in Section B. ARTICLE IX TUITION ADVANCEMENT/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 Advancement/Reimbursement Form must be submitted and pre- approved by the employee’s Department Head and Human Resources Administrator, before the course(s) begin. 16 ACEA MOU 2021 – 2024 Tuition advancement or reimbursement shall only be for the first degree in each education level that an employee seeks to obtain, and 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 City Manager or their designee may grant approval for tuition advancement or reimbursement if they determine that a second degree in any education level is both beneficial and job-related. The Tuition Advancement/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 advancement or reimbursement amount shall be $4,126 for undergraduate courses and $5,062 for graduate courses. Eligible fees include tuition, on campus parking fees and textbooks. All other fees are subject to approval by the City. School supplies are not reimbursable. Permanent part-time employees shall receive one-half of the benefit. All course work must be completed while employed by the City of Arcadia with a passing grade of "C" or equivalent when numerical score or pass/fail grade is given. If the employee either does not receive a “C” or better or for any reason does not finish the class, the advance is due and payable. 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 1 year from the advancement, shall refund all tuition advanced and be subject to the provisions outlined in the Advanced Tuition Participation and Advancement 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 deny 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 17 ACEA MOU 2021 – 2024 must be obtained from the immediate supervisor or Department Head. If travel is required frequently during a month, reimbursement will be made once a month. Completed mileage forms shall be submitted to the Department Head consistent with the administrative policy. Any employee authorized to use a personal vehicle must maintain an insurance policy meeting the standards established by the City Manager. ARTICLE XI HEALTH, DENTAL AND LIFE INSURANCE Section A. EMPLOYEES HIRED BEFORE 7/1/2021 The City shall provide regular full-time employees in a classification represented by this Agreement with the following contributions: 1. CalPERS Health Program: The City will contribute the minimum employer contribution required pursuant to Government Code §22892(b) (“Minimum Contribution”) per month per employee for health insurance. 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 the employee only coverage, the difference shall be contributed toward the cost of dependent coverage or to the employee in cash as taxable income. i. Those employees who receive cash as taxable income will have the amount capped to the amount they were receiving as of July 1, 2021 and then reduced to an amount that will allow the City-wide Total Medical Plan Payment to be less than 20%. This amount will result in the employee’s new capped cash-in-lieu. b. Those employees who qualify to receive cash as taxable income and who subsequently reduce their cash-in-lieu amount through a qualifying change, shall be subject to the new cash- in-lieu limit based on their elected reduced amount, and will forfeit their previous cash-in-lieu limit. c. Employees who do not take cash-in-lieu as of July 1, 2021, for any unused portion of the City’s contribution toward benefits shall no longer be eligible for cash-in-lieu. 18 ACEA MOU 2021 – 2024 d. If the premium cost of the health plan exceeds the City contribution, the employee shall pay through payroll deduction the difference between the monthly premium and the amount contributed by the City. e. The employee's exercise of the option to use the difference toward dependent health coverage or the deferred compensation plan is subject to the conditions controlling enrollment periods and eligibility established by the respective plans or carriers. f. Dependent enrollment will require proof of eligibility for dependent status including social security number, marriage, birth, and adoption certificates. 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. Life Insurance: The City shall provide a $25,000 Life & AD&D benefit for eligible employees. 4. Vision Plan: The City shall provide each employee with a vision plan, with the City paying the premium up to the cost of the family plan. The vision plan will be Vision Service Plan, Option B. 5. 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 6. Circumstances Under Which an Employee Hired Before 7/1/2021, Can Receive Cash in Lieu of City Coverage: An employee is required to carry one of the City’s designated medical plans unless they opt out. An employee hired before 7/1/2021 may receive cash-in-lieu subject to the provisions in Section A, 1 for opting out of the City’s designated medical plans during the annual open enrollment period by signing a written waiver each year, that attests that the employee and each member of the employee’s Tax Family (i.e. all individuals for whom the employee expects to claim a personal exemption deduction for the upcoming tax year) each has alternative minimum essential coverage (other than coverage in the individual market and other than individual coverage through Covered California) for the upcoming tax year. If the employee 19 ACEA MOU 2021 – 2024 provides the executed written waiver and documentation confirming that he or she is enrolled in an alternative group health plan that satisfies the above at open enrollment or within 30 days after the start of the plan year, they will be entitled to the maximum allotted cash referenced in Section 1 above to be taken as taxable income. Section B. EMPLOYEES HIRED ON OR AFTER 7/2/2021 The City shall provide regular full-time employees in a classification represented by this Agreement with the option to elect the following contributions: 1. CalPERS Health Program: The City will contribute the minimum employer contribution required pursuant to Government Code §22892(b) (“Minimum Contribution”) per month per employee for health insurance 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 the employee only coverage, the difference shall be contributed toward the cost of dependent coverage. No amount shall be given in cash as taxable income. 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 adoption certificates. 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. Life Insurance: The City shall provide a $25,000 Life & AD&D benefit for eligible employees. 4. Vision Plan: The City shall provide each employee with a vision plan, with the City paying the premium up to the cost of the family plan. The vision plan will be Vision Service Plan, Option B. 20 ACEA MOU 2021 – 2024 5. 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 Section C. PERMANENT PART-TIME EMPLOYEES HIRED BEFORE 7/1/2021 The City shall provide permanent part-time employees in a classification represented by this Agreement with the following contributions: 1. CalPERS Health Program: The City will contribute the minimum employer contribution required pursuant to Government Code §22892(b) (“Minimum Contribution”) per month per employee for health insurance 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 as taxable income. i. Those employees who receive cash as taxable income will have the amount capped to the amount they were receiving as of July 1, 2021 and then reduced to an amount that will allow the City-wide Total Medical Plan Payment to be less than 20%. This amount will result in the employee’s new capped cash-in-lieu. b. Those employees who qualify to receive cash as taxable income and who subsequently reduce their cash-in-lieu amount through a qualifying change, shall be subject to the new cash-in-lieu cap based on their elected reduced amount, and will forfeit their previous cash-in-lieu cap. c. Employees who do not take cash-in-lieu as of July 1, 2021, for any unused portion of the City’s contribution toward benefits shall no longer be eligible for cash-in-lieu. d. If the premium cost of the health plan exceeds the City contribution, the employee shall pay through payroll deduction the difference between the monthly premium and the amount contributed by the City. 21 ACEA MOU 2021 – 2024 e. The employee's exercise of the option to use the difference toward dependent health coverage or the deferred compensation plan is subject to the conditions controlling enrollment periods and eligibility established by the respective plans or carriers. f. Dependent enrollment will require proof of eligibility for dependent status including social security number, marriage, birth and/or adoption certificates. 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. Life Insurance: The City shall provide a $25,000.00 life & AD&D benefit for eligible employees. 4. Vision Plan: The City shall provide each employee with a vision plan, with the City paying the premium up to the cost of the family plan. This vision plan will be Vision Service Plan, option B. 5. 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 an Internal Revenue Code §125 Cafeteria Plan. 6. Circumstances Under Which an Employee Hired Before 7/1/2021, Can Receive Cash in Lieu of City Coverage: An employee is required to carry one of the City’s designated medical plans unless they opt out. An employee hired before 7/1/2021 may receive cash-in-lieu subject to the provisions in Section A, 1 for opting out of the City’s designated medical plans during the annual open enrollment period by signing a written waiver each year, that attests that the employee and each member of the employee’s Tax Family (i.e. all individuals for whom the employee expects to claim a personal exemption deduction for the upcoming tax year) each has alternative minimum essential coverage (other than coverage in the individual market and other than individual coverage through Covered California) for the upcoming tax year. If the employee provides the executed written waiver and documentation confirming that he or she is enrolled in an alternative group health plan that satisfies the above at open enrollment or within 30 days after the start of the plan year, they will be entitled to the maximum allotted cash referenced in Section 1 above to be taken as taxable income. 22 ACEA MOU 2021 – 2024 Section D. PERMANENT PART-TIME EMPLOYEES HIRED ON OR AFTER 7/2/2021 The City shall provide permanent part-time employees in a classification represented by this Agreement with the option to elect the following contributions: 1. CalPERS Health Program: The City will contribute the minimum employer contribution required pursuant to Government Code §22892(b) (“Minimum Contribution”) per month per employee for health insurance 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. No amount shall be given in cash as taxable income. 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 adoption certificates. 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. Life Insurance: The City shall provide a $25,000.00 life & AD&D benefit for eligible employees. 4. Vision Plan: The City shall provide each employee with a vision plan, with the City paying the premium up to the cost of the family plan. This vision plan will be Vision Service Plan, option B. 5. 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 an Internal Revenue Code §125 Cafeteria Plan. 23 ACEA MOU 2021 – 2024 ARTICLE XII RETIREE MEDICAL Section A. RETIREE HEALTH INSURANCE FOR EMPLOYEES HIRED BEFORE JULY 1, 2011 1. Program Description For employees hired before July 1, 2011, and retiring from the City on or after January 1, 2012 (“Tier II Retirees”), the City agrees to provide a Premium Payment for the purpose of purchasing health coverage offered through CalPERS for the Tier II Retiree and their spouse in an amount not to exceed the monthly premium applicable to the coverage level for the retiree (i.e., One-Party or Two-Party) as shown in the chart below. 2. Premium Payment The total Premium Payment shall be payable in the following form: (1) PEMHCA (PEMCHA) Minimum contribution payable directly to CalPERS, and (2) a reimbursement to the Tier II Retiree equal to the difference between the cost of the plan in which the Tier II Retiree enrolls, subject to the caps below, and the PEMHCA Minimum contribution (“Reimbursement”). If a retiree enrolls in a more expensive plan, the Tier II Retiree will be responsible for payment of any premium in excess of the capped amount. Tier II Retiree Premium Payment One-Party (Retiree Only) $ 505.63* Two-Party (Retiree + Spouse) $ 1,011.26* * These amounts were established based on the 2012 PERS Choice plan for Los Angeles. The Premium Payment includes the PEMHCA Minimum, paid directly to CalPERS, not to the eligible retiree. As specified below, 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. 3. Eligibility Requirements Tier II Retirees must be “eligible retirees” in order to receive the benefits described in this subsection. Eligible retirees must meet the following requirements: a. An “eligible retiree” is an employee who retires on a service, disability, or industrial disability retirement and has 1,000 hours of accumulated sick leave at the date of retirement. 24 ACEA MOU 2021 – 2024 An employee who has fewer than 1,000 hours of accumulated sick leave at the date of retirement may become eligible for the retiree health benefit by paying the City an amount equal to the Employee’s daily pay rate at the time of retirement times the number of hours needed to meet the 1,000 hours of accumulated sick leave requirement, with the following restrictions: i. The employee must have reached the age of 55; and ii. 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. iii. To meet the 1,000 sick leave hour requirement, the employee would be limited to purchasing up to a maximum of 350 hours worth of sick leave in an amount equal to the employee’s daily pay rate at the time of retirement; provided, however, upon verification of information from a qualified medical provider that an employee has substantially depleted the employee’s sick leave accrual due to a an absence or absences caused by a catastrophic, life threatening illness or injury suffered by the employee or a family dependent living in the employee’s household, the limitation of 350 hours will be excused b. The retiree, and if applicable, the retiree’s spouse, must be enrolled in CalPERS retiree medical and maintain eligibility to continue in the CalPERS Health Program as stipulated by CalPERS in order to receive the City's Premium Payment. The Association shall notify Human Resources in the event of the death of a retired member. Section B. RETIREE HEALTH INSURANCE FOR EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 For employees hired on or after July 1, 2011, that retire from the City and who remain enrolled in a CalPERS health plan after retirement (“Tier III Retiree”), the City will pay no more than the PEMHCA Minimum contribution. Tier III Retirees shall not be reimbursed or otherwise receive payment from the City for health insurance premiums in excess of the PEMHCA Minimum contribution. ARTICLE XIII DISABILITY INCOME INSURANCE 25 ACEA MOU 2021 – 2024 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. ARTICLE XV UNIFORMS Section A. Upon hire, the City shall provide the following employees with 5 shirts: •Public Works Inspector •Code Services Officer •Building Inspector Upon hire, the City shall provide the following employees with 4 sets of uniforms consisting of a long sleeve shirt, short sleeve shirt, pants/skirt, cross-tie/tie, and 1 sweater or 1 medium weight uniform jacket. •Fire Prevention Specialist •Fire Administration Specialist •Administrative Assistant (assigned to Fire) Uniforms shall be replaced on an as needed basis, pursuant to department procedures. All employees represented by this MOU shall receive 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 $250 per fiscal year for each employee in the following classifications: Building Inspector, Code Services Officer, Fire Prevention Specialist, and Public Works Inspector. 26 ACEA MOU 2021 – 2024 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. The City shall continue to report $168.00 per year to CalPERS as special compensation for uniform allowance to the extent permitted by law. “New Members” as defined under the Public Employees’ Pension Reform Act of 2013 will not have the value of the uniforms reported as special compensation. 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 the employee 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 their 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 their classification before or at the expiration of the leave of absence. Therefore, a leave of absence shall be granted only to an employee who intends to return to their 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. 27 ACEA MOU 2021 – 2024 6. The granting of a leave of absence of 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 30 days shall constitute an interruption of service unless, in the action granting such leave of absence, it is provided that such leave of absence shall not constitute an interruption of service. 7. The City shall continue to provide health, dental, life, and disability insurance for an employee granted a leave of absence for up to 30 calendar days. It shall be the responsibility of the employee who wishes to continue any insurance coverage beyond the 30 calendar days, to notify the Human Resources Office of their 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 1. Upon the written request of an employee stating the reasons therefore, the appointing power with the approval of the City Manager shall have power to grant Family Care and Medical Leaves. The City of Arcadia will provide family and medical leave for eligible employees in accordance with the Federal Family and Medical Leave Act ("FMLA") and the California Family Rights Act ("CFRA"). If an employee requests leave for any reason permitted under FMLA/CFRA, they 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 their own serious health condition, in addition to exhausting accrued leave, the employee must also exhaust accrued sick leave. 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. 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 28 ACEA MOU 2021 – 2024 service time credited toward CalPERS, the employee may buy back credit for their leave of absence for active military service through CalPERS as CalPERS has determined that payments while on such service are not reportable for retirement purposes. Section D. VACATION LEAVE During the term of this contract, both parties agree to meet and discuss on the single issue of eliminating the vacation and sick leave accrual banks and creating a single leave bank of Paid Time Off. 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 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 6 months. 3. An employee who has previously requested and was granted approval of vacation leave for use during the last 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 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 as follows: 29 ACEA MOU 2021 – 2024 Years of Service Accrual Rate Hours Per Year Accrued Max Accrual 0-4 years 3.07 hours 80 Hours 200.00 5-9 years 4.61 hours 120 Hours 300.04 10-14 years 5.23 hours 136 Hours 340.02 15+ years 6.15 hours 160 Hours 400.01 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 as follows: Years of Service Accrual Rate Hours Per Year Accrued Max Accrual 0-4 1.54 40 100.10 5-9 2.31 60 150.15 10-14 2.62 68 170.30 15+ 3.07 80 200.00 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 During the term of this contract, both parties agree to meet and discuss on the single issue of eliminating the vacation and sick leave accrual banks and creating a single leave bank of Paid Time Off. 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 or 1 hour for every 30 hours worked, whichever is greater. The maximum accrual 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. Except as provided hereinafter, sick leave means authorized absence from duty of an employee who is temporarily disabled and unable to work due to one of the following: a. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee b. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee’s family member, which includes parent (biological, adoptive, foster parent, step 30 ACEA MOU 2021 – 2024 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 c. 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 reasonable effort to schedule medical appointments during non-working hours. 3. 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, and employee may use up to ½ of their annual accrued 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. For the purposes of Kin Care Leave, family members 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 stand loco parentis regardless of the 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 department within reasonable advance notice. If the paid sick leave in 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 minutes. 6. The appointing power and City Manager may discipline an employee if sick leave is used for an inappropriate purpose. 7. If an employee separates from employment with the City and is rehired within 1 year from separation, up to 48 hours or 6 days, whichever is greater depending upon the employee’s regular scheduled workday, of accrued and unused sick leave will be reinstated. 8. Part-time employees who work more than 40 hours in a pay period shall receive sick leave under the same conditions as full-time employees at 31 ACEA MOU 2021 – 2024 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 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. 9. 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 Based on the following: Full-time: 0 to 29 hours: no accrual 30-39 hours: 1 hour 40 hours and above: 3.693 hours Part-time: 0 to 29 hours: No accrual 30-39 hours: 1 hour 40 hours 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. 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 4 days; provided, however, if the employee is required to travel more than 300 miles from their residence, the employee may take an additional 2 days. 32 ACEA MOU 2021 – 2024 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 Martin Luther King, Jr. Day Third Monday in January 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 a Citywide holiday to celebrate Admissions Day, full time employees shall receive an 8 hour floating holiday to be scheduled by the employee in the same manner as vacation leave. Additionally, full time employees shall receive an 8 hour floating holiday for their 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 re-adopts Admission Day as a fixed Citywide holiday, the floating holiday based thereon shall cease and eligible employee shall receive the fixed Citywide holiday. Full time employees in the unit employed on July 1 of the fiscal year shall conditionally accrue 16 hours of floating holiday. If the employee uses floating holiday leave and separates from City employment before the 33 ACEA MOU 2021 – 2024 date upon which the floating holiday is based ( 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 (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 their birthday and Admission Day 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 them by this Section shall be paid for the holiday, and in addition, they shall be compensated in accordance with FLSA’s (Fair Labor Standards Act) applicable overtime rules. 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 will receive Holiday pay for 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 10 hours, the employee shall receive 10 hours of holiday pay. 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 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 40 hours in a pay period shall receive Holiday pay for the actual number of regularly scheduled working hours for a designated holiday. 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 80 hours per year. All hours in excess of 80 shall not be 34 ACEA MOU 2021 – 2024 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 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. Section J. INDUSTRIAL ACCIDENT LEAVE 1. Industrial accident leave shall be granted only to employees with 3 or more full years of continuous service with the City. 2. Industrial accident leave shall be allowed for a maximum of 10 months from and after the date of injury. Industrial accident leave shall be equivalent to the employee’s regular base salary and any temporary disability compensation payment required by law shall be deducted from the industrial accident leave payment. Lost time due to an injury on duty shall not be charged against an employee’s accumulated sick leave after all industrial accident leave is expended. 3. Compensation shall continue until the employee returns to work, industrial accident leave is exhausted, or it is medically determined that there is a permanent disability which precludes return to regular duties, whichever occurs first. 4. The City reserves the right to require an employee to furnish proof from a physician of the cause and necessity of absence during an industrial accident leave. 5. “Industrial accident” as used in this Article, is defined as any illness or injury arising directly out of the employment of the employee which forces the employee to absent themself 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. 35 ACEA MOU 2021 – 2024 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. 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 12 months before attaining permanent status. Section C. Eligible candidates appointed from a promotional list shall be on probation for 6 months before attaining permanent status. Section D. Probationary period may be extended for a one 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 they hold a permanent appointment, unless they were 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 4 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. 5% above their current rate of pay or A step of the higher classification, whichever is higher; or 36 ACEA MOU 2021 – 2024 2. Should such percentage exceed the top step of the range for the higher classification, the employee shall receive compensation at the top step of the higher classification. Nothing contained herein shall apply to an employee who is being trained by the City to qualify for a higher classification. Section B. CALL-BACK PAY If a unit member is required while off duty to report back to work on a call- out, they shall receive a minimum of 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 The total number of positions authorized for bilingual pay at any time is at the sole discretion of the Department Director. The Department Director shall be responsible for determining appointments based on the following criteria: 1. Appropriate job positions/specific to a job assignment. 2. Employee has most frequently utilized bilingual skills in the past. An employee who believes their position/job assignment has a need for their bilingual capabilities and/or has frequently utilized their bilingual skills in the past shall notify their direct supervisor in writing. The Department Director will notify the City Manager and Human Resources if they determine that the bilingual skills are needed. Once certified, the employee shall receive a bilingual pay stipend of $40.00 per pay period. Once an employee is certified for bilingual pay, an employee shall be willing to assist other departments if bilingual assistance is needed during their work hours. The City and the Association agree that once an employee receives bilingual certification and the bilingual pay stipend, the employee will not have the stipend rescinded during the course of employment within the position for which the employee tested. If such time the employee promotes or is otherwise reassigned to another position and such need for bilingual skills is not needed, the Department Director will notify the employee and Human Resources in writing of the determination of removal of bilingual skills. 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 37 ACEA MOU 2021 – 2024 employee shall make a reasonable effort to communicate with the member of the public in a polite and professional manner. ARTICLE XIX LAYOFFS Section A. LAYOFF PROCEDURE The City Manager or appointing power may lay off an employee because of change in duties or organization, deletion of service, adverse working conditions, shortage of work or funds or return of employees from authorized leave of absence. The order of layoff shall be based on performance (outlined in Section C below), and in the reverse of total cumulative time served in the same classification upon the date established for the layoff to become effective. The order of employee layoff in a department shall be as follows: temporary, provisional, probationary, permanent. The employee in the class with the least seniority in the department will be laid off and may exercise bumping rights, if any, to the least senior incumbent in the class in the City. However, if a vacancy exists in the class, there will be no bumping and the employee who is to be laid off will be reassigned to the vacant position. 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 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. 38 ACEA MOU 2021 – 2024 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 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 12 consecutive months. 2. Layoff – Permanent separation from employment with the City as a result of a work reduction. 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 3 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. 39 ACEA MOU 2021 – 2024 An employee or their designated representative shall request in writing their 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 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. 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 40 ACEA MOU 2021 – 2024 specific provision of the MOU and/or City/Department Personnel Rules and Regulations are grievable. c. The procedure is not intended to be used to challenge a reclassification, layoff, transfer, denial of reinstatement, or denial of a step or merit increase. Notwithstanding the above, if the process used to reach the foregoing decisions is not in compliance with an express provision of the MOU and/or City/Department Personnel Rules and Regulations, a grievance may be filed. d. The procedure is not intended to be used in cases of oral or written reprimand, demotion, suspension, removal or other disciplinary action. Appeals of disciplinary actions are covered by the City’s Personnel Rules and Regulations. e. The procedure is not to be used to challenge examinations or appointment to positions. Notwithstanding the above, if the process used to reach the foregoing decisions is not in compliance with an express provision of the MOU and/or City/Department Personnel Rules and Regulations, a grievance may be filed. Section B. TIMELINESS The grievance must be filed by the employee within the timelines set forth herein. Failure of the employee to file the initial grievance or process the grievance from one level to another in a timely manner is a forfeiture of the grievance and the grievance will not be processed further. If the City fails to respond in a timely manner, the employee may proceed to the next level. Section C. EMPLOYEE REPRESENTATION The employee may be represented by a person of his or her choice to prepare and present the grievance. The employee may use a reasonable amount of released time to process the grievance. The release time must be approved by the Department Head. Section D. INFORMAL GRIEVANCE PROCEDURE Within 15 working days following the event, or within 15 working days after the employee should reasonably have known of the event, the employee should attempt to resolve the grievance on an informal basis by discussion with their 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 withtheir immediate supervisor, within 10 working days after the informal 41 ACEA MOU 2021 – 2024 discussion with the immediate supervisor, the employee shall present the grievance in writing to the next level supervisor on the official City grievance form setting forth the following information: a. The specific section of the rules or MOU allegedly violated. b. The specific act or omission which gave rise to the alleged violation. c. The date or dates on which the violation occurred. d. Documents, witnesses or evidence in support of the grievance. e. The resolution of the grievance at the informal stage. f. The remedy requested. A copy of the grievance shall be provided to the Human Resources Division of the Administrative Services Department concurrently with presentation to the immediate supervisor. The next level supervisor shall render a decision in writing, on the grievance form, within 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 10 working days after receiving the next level supervisor’s decision or 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 10 working days of receiving the grievance or within 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 10 working days after receiving the Department Head’s decision or 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 10 working days of receiving the grievance or the holding of a grievance meeting whichever is longer. 42 ACEA MOU 2021 – 2024 4. Human Resources Commission If the employee is not in agreement with the decision of the Human Resources Administrator or if the Human Resources Administrator has failed to respond, the employee shall present the grievance to the Human Resources Commission within 10 working days from the date of receipt of the Human Resources Administrator’s decision or 20 days from the date the Human Resources Administrator received the grievance but failed to issue a decision. Section F. APPEAL TO HUMAN RESOURCES COMMISSION 1. Scheduling of Hearing Upon receipt of the request for an appeal, the City shall, within 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 20 working days nor more than 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 10 working days prior to the hearing. 2. Public Hearings All hearings shall be open to the public. 3. Pre-Hearing Procedure a. Subpoenas The Human Resources Commission is authorized to issue subpoenas at the request of either party prior to the commencement of the hearing. After the commencement of the hearing, subpoenas shall be issued by the Commission only for good cause. Each party will prepare their own subpoenas and present them to the Human Resources Division of the Administrative Services Department and the other party. The Human Resources Division of the Administrative Services Department will issue the subpoenas. The Human Resources Division of the Administrative Services Department will serve subpoenas for current City employees. It will be the responsibility of the employee or the City to serve subpoenas on individuals who are not currently employed by the City. It will be the responsibility of the employee and the City to submit the written request for subpoenas at least 10 working days before the date of the hearing. b. Exhibits and Witness Lists 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 43 ACEA MOU 2021 – 2024 Division of the Administrative Services Department a list of all witnesses and a list and copy of all exhibits. An original and 9 copies of the exhibits shall be presented to the Human Resources Division of the Administrative Services Department in 3-hole notebooks which are tabbed down the side with the exhibit numbers. The employer’s exhibits shall be designated by number. The employee’s exhibits shall be designated by alphabetical letter. Neither party will be permitted to call during the hearing, a witness not identified pursuant to this section nor use any exhibit not provided pursuant to this section unless that party can show that they could not reasonably have anticipated the prior need for such witness or such exhibit. c. Statement of Issues 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 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 44 ACEA MOU 2021 – 2024 support a finding unless it would be admissible over objection in civil actions. d. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. e. Irrelevant and unduly repetitious evidence may be excluded. f. The Human Resources Commission shall determine relevancy, weight and credibility of testimony and evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. g. During examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party. h. The Human Resources Commission may conduct the hearing or delegate evidentiary and/or procedural rulings to its legal counsel. 7. Burden of Proof In a grievance appeal the grievant has the burden of proof by preponderance of the evidence. 8. Proceed with Hearing or Request for Continuance Each side should be asked if it is ready to proceed. If either side is not ready and wishes a continuance, good cause must be stated. Any request for a continuance must be made in writing and submitted prior to the hearing to all parties. Before requesting a continuance, the moving party shall contact all parties to determine if there is any opposition to the continuance and shall state in its request if there is opposition. 9. Testimony under Oath All witnesses shall be sworn in for the record prior to offering testimony at the hearing. The chairperson will request the witnesses to raise their right hand and respond to the following: “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. 45 ACEA MOU 2021 – 2024 d. The grievant shall produce their evidence. e. The respondent may then offer its evidence. f. The grievant followed by the respondent may offer rebutting evidence. g. Closing arguments shall be permitted at the discretion of the Human Resources Commission. The party with the burden of proof shall have the right to go first and to close the hearing by making the last argument. The Commission may place a time limit on closing arguments. The Commission or the parties may request the submission of written briefs. After the request for submittal of written briefs, the Commission will determine whether to allow the parties to submit written briefs and determine the number of pages of said briefs. 11. Procedure for the Parties The party representing the department and the party representing the employee will address their remarks, including objections, to the Chair of the Human Resources Commission. Objections may be ruled upon summarily or argument may be permitted. The Chair reserves the right to terminate argument at any time and issue a ruling regarding an objection or any other matter, and thereafter the representatives shall continue with the presentation of their case. 12. Right to Control Proceedings While the parties are generally free to present their case in the order that they prefer, the Chair reserves the right to control the proceedings, including, but not limited to, altering the order of witnesses, limiting redundant or irrelevant testimony, or by the direct questioning of witnesses. 13. Hearing Demeanor and Behavior All parties and their attorneys or representatives shall not, by written submission or oral presentation, disparage the intelligence, ethics, morals, integrity or personal behavior of their adversaries or members of the Commission. 14. Deliberation Upon the Case The Commission will consider all oral and documentary evidence, the credibility of witnesses, and other appropriate factors in reaching their decision. The Commission may deliberate at the close of the hearing in closed session or at a later fixed date and time not to exceed 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, 46 ACEA MOU 2021 – 2024 later than 10 working days after concluding the hearing, unless otherwise stipulated to by the parties. The recommended decision shall include an explanation of the basis for the decision. The Human Resources Commission shall not be polled as to their decision by the grievant or the grievant’s counsel. 16. Recommendation to the City Manager The decision of the Human Resources Commission is advisory to the City Manager. The proposed decision shall be provided to the grievant and the City Manager. Either the employee or the department may file a written appeal to the proposed decision, by filing exceptions thereto with the Human Resources Administrator within 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 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 Within10 working days of the filing of exceptions, or within 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. 47 ACEA MOU 2021 – 2024 Probationary employees are subject to demotion or dismissal without cause or right to a hearing. Section B. NOTIFICATION AND APPEAL PROCEDURE A permanent employee who is being suspended, reduced in pay, demoted or dismissed shall receive from the appointing power a written statement of the charge(s) upon which the discipline is based, the City rule(s), policy or regulation violated, together with any written evidence and/or witness statements the City is relying upon to support the statement of charges. The discipline letter shall be hand delivered, either by personal service or by the City sending the notice by Registered Mail as provided herein above, the employee shall have 30 calendar days within which to file with the Human Resources Administrator a written request for an appeal hearing before the Human Resources Commission. The employee may also elect to file a written answer to the statement of charges at this time. A copy of the disciplinary letter together with any attachments and the employee’s answer shall be given to the Human Resources Commission. An evidentiary hearing shall be scheduled by the Human Resources Commission. In any hearing regarding suspension, demotion or discharge of a permanent employee, the appointing power has the burden of proof. The strict rules of evidence shall not apply to disciplinary hearing conducted by the Human Resources Commission. Evidence both oral and in writing may be submitted by each party. Witnesses shall be sworn and subject to cross examination. The employee who is being disciplined shall testify if called as a witness. Upon request, the employee is entitled to an open or closed hearing. 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. 48 ACEA MOU 2021 – 2024 ARTICLE XXIII DISCIPLINARY ACTIONS – FULL-TIME AND PART-TIME BENEFITED 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 Assistant City Clerk City Clerk Technician 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 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. 49 ACEA MOU 2021 – 2024 Section B. The parties hereto have caused the Memorandum of Understanding to be executed this ___ day of ___________, 2021. ARCADIA CITY EMPLOYEES ASSOCIATION Cara Wilhelm President CITY OF ARCADIA Dominic Lazzaretto City Manager 2021 - 2024 NEGOTIATION TEAMS ACEA NEGOTIATION TEAMS CITY REPRESENTATIVES Margaret Lindstrom, Member-at-Large Jason Kruckeberg, Assistant City Manager/ Development Services Director Anabel Carrillo, Treasurer Hue Quach, Administrative Services Director Alicia Salce, Director Shama Curian, Human Resources Administrator Jill Perumean, Secretary Cecilia Todd, Senior Human Resources Analyst Cara Wilhelm, ACEA President Shelly Polifka, ACEA Vice-President Range Number Title Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J 42 Library Assistant 3,345$ 3,427$ 3,515$ 3,602$ 3,692$ 3,785$ 3,880$ 3,979$ 4,077$ 4,180$ 43 Accounting Technician I 3,427$ 3,515$ 3,602$ 3,692$ 3,785$ 3,880$ 3,979$ 4,077$ 4,180$ 4,282$ 44 3,515$ 3,602$ 3,692$ 3,785$ 3,880$ 3,979$ 4,077$ 4,180$ 4,282$ 4,389$ 45 Office Assistant 3,602$ 3,692$ 3,785$ 3,880$ 3,979$ 4,077$ 4,180$ 4,282$ 4,389$ 4,498$ 46 Library Technician I Museum Education Coordinator 3,692$ 3,785$ 3,880$ 3,979$ 4,077$ 4,180$ 4,282$ 4,389$ 4,498$ 4,609$ 47 Accounting Technician II Recreation Coordinator Senior Citizens Project Specialist 3,785$ 3,880$ 3,979$ 4,077$ 4,180$ 4,282$ 4,389$ 4,498$ 4,609$ 4,724$ 48 Library Technician II 3,880$ 3,979$ 4,077$ 4,180$ 4,282$ 4,389$ 4,498$ 4,609$ 4,724$ 4,843$ 49 Administrative Assistant City Clerk Technician Senior Citizens Program Specialist 3,979$ 4,077$ 4,180$ 4,282$ 4,389$ 4,498$ 4,609$ 4,724$ 4,843$ 4,967$ 50 Building Technician I 4,077$ 4,180$ 4,282$ 4,389$ 4,498$ 4,609$ 4,724$ 4,843$ 4,967$ 5,087$ 51 4,180$ 4,282$ 4,389$ 4,498$ 4,609$ 4,724$ 4,843$ 4,967$ 5,087$ 5,216$ 52 Senior Library Technician 4,282$ 4,389$ 4,498$ 4,609$ 4,724$ 4,843$ 4,967$ 5,087$ 5,216$ 5,346$ 53 Senior Accounting Technician 4,389$ 4,498$ 4,609$ 4,724$ 4,843$ 4,967$ 5,087$ 5,216$ 5,346$ 5,481$ 54 Building Technician II Senior Administrative Assistant 4,498$ 4,609$ 4,724$ 4,843$ 4,967$ 5,087$ 5,216$ 5,346$ 5,481$ 5,616$ 55 Code Services Officer Fire Administrative Specialist 4,609$ 4,724$ 4,843$ 4,967$ 5,087$ 5,216$ 5,346$ 5,481$ 5,616$ 5,757$ 56 Engineering Assistant 4,724$ 4,843$ 4,967$ 5,087$ 5,216$ 5,346$ 5,481$ 5,616$ 5,757$ 5,899$ 57 Accounting Specialist Circulation Services Supervisor Revenue Collection Specialist 4,843$ 4,967$ 5,087$ 5,216$ 5,346$ 5,481$ 5,616$ 5,757$ 5,899$ 6,047$ 58 Deputy City Clerk 4,967$ 5,087$ 5,216$ 5,346$ 5,481$ 5,616$ 5,757$ 5,899$ 6,047$ 6,199$ 59 Historical Museum Curator Information Systems Specialist Librarian I Office Coordinator 5,087$ 5,216$ 5,346$ 5,481$ 5,616$ 5,757$ 5,899$ 6,047$ 6,199$ 6,354$ 60 Business License Officer Senior Building Technician Senior Code Services Officer 5,216$ 5,346$ 5,481$ 5,616$ 5,757$ 5,899$ 6,047$ 6,199$ 6,354$ 6,513$ EXHIBIT A CITY OF ARCADIA MONTHLY SALARY RANGE JULY 1, 2021 - JUNE 30, 2022 ACEA GROUP - 3.0% COLA EXHIBIT A CITY OF ARCADIA MONTHLY SALARY RANGE JULY 1, 2021 - JUNE 30, 2022 ACEA GROUP - 3.0% COLA 61 5,346$ 5,481$ 5,616$ 5,757$ 5,899$ 6,047$ 6,199$ 6,354$ 6,513$ 6,675$ 62 Assistant Planner Building Inspector Public Works Inspector Senior Engineering Assistant 5,481$ 5,616$ 5,757$ 5,899$ 6,047$ 6,199$ 6,354$ 6,513$ 6,675$ 6,843$ 63 5,616$ 5,757$ 5,899$ 6,047$ 6,199$ 6,354$ 6,513$ 6,675$ 6,843$ 7,014$ 64 Assistant City Clerk Fire Prevention Specialist Librarian II 5,757$ 5,899$ 6,047$ 6,199$ 6,354$ 6,513$ 6,675$ 6,843$ 7,014$ 7,188$ 65 5,899$ 6,047$ 6,199$ 6,354$ 6,513$ 6,675$ 6,843$ 7,014$ 7,188$ 7,370$ 66 Assistant Engineer Associate Planner Senior Building Inspector Senior Public Works Inspector 6,047$ 6,199$ 6,354$ 6,513$ 6,675$ 6,843$ 7,014$ 7,188$ 7,370$ 7,554$ 67 6,199$ 6,354$ 6,513$ 6,675$ 6,843$ 7,014$ 7,188$ 7,370$ 7,554$ 7,743$ 68 6,354$ 6,513$ 6,675$ 6,843$ 7,014$ 7,188$ 7,370$ 7,554$ 7,743$ 7,936$ 69 Plans Examiner 6,513$ 6,675$ 6,843$ 7,014$ 7,188$ 7,370$ 7,554$ 7,743$ 7,936$ 8,135$ 70 Associate Civil Engineer 6,675$ 6,843$ 7,014$ 7,188$ 7,370$ 7,554$ 7,743$ 7,936$ 8,135$ 8,339$ 71 6,843$ 7,014$ 7,188$ 7,370$ 7,554$ 7,743$ 7,936$ 8,135$ 8,339$ 8,549$ 72 7,014$ 7,188$ 7,370$ 7,554$ 7,743$ 7,936$ 8,135$ 8,339$ 8,549$ 8,758$ 73 Principal Librarian Senior Planner 7,188$ 7,370$ 7,554$ 7,743$ 7,936$ 8,135$ 8,339$ 8,549$ 8,758$ 8,977$ 74 7,368$ 7,552$ 7,741$ 7,935$ 8,133$ 8,336$ 8,545$ 8,758$ 8,977$ 9,202$ 75 7,552$ 7,741$ 7,935$ 8,133$ 8,336$ 8,545$ 8,758$ 8,977$ 9,202$ 9,432$ 76 Senior Civil Engineer 7,741$ 7,935$ 8,133$ 8,336$ 8,545$ 8,758$ 8,977$ 9,202$ 9,432$ 9,668$ Range Number Title Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J 42 Library Assistant 3,445$ 3,530$ 3,620$ 3,710$ 3,803$ 3,899$ 3,996$ 4,098$ 4,199$ 4,305$ 43 Accounting Technician I 3,530$ 3,620$ 3,710$ 3,803$ 3,899$ 3,996$ 4,098$ 4,199$ 4,305$ 4,410$ 44 3,620$ 3,710$ 3,803$ 3,899$ 3,996$ 4,098$ 4,199$ 4,305$ 4,410$ 4,521$ 45 Office Assistant 3,710$ 3,803$ 3,899$ 3,996$ 4,098$ 4,199$ 4,305$ 4,410$ 4,521$ 4,633$ 46 Library Technician I Museum Education Coordinator 3,803$ 3,899$ 3,996$ 4,098$ 4,199$ 4,305$ 4,410$ 4,521$ 4,633$ 4,747$ 47 Accounting Technician II Recreation Coordinator Senior Citizens Project Specialist 3,899$ 3,996$ 4,098$ 4,199$ 4,305$ 4,410$ 4,521$ 4,633$ 4,747$ 4,866$ 48 Library Technician II 3,996$ 4,098$ 4,199$ 4,305$ 4,410$ 4,521$ 4,633$ 4,747$ 4,866$ 4,988$ 49 Administrative Assistant City Clerk Technician Senior Citizens Program Specialist 4,098$ 4,199$ 4,305$ 4,410$ 4,521$ 4,633$ 4,747$ 4,866$ 4,988$ 5,116$ 50 Building Technician I 4,199$ 4,305$ 4,410$ 4,521$ 4,633$ 4,747$ 4,866$ 4,988$ 5,116$ 5,240$ 51 4,305$ 4,410$ 4,521$ 4,633$ 4,747$ 4,866$ 4,988$ 5,116$ 5,240$ 5,372$ 52 Senior Library Technician 4,410$ 4,521$ 4,633$ 4,747$ 4,866$ 4,988$ 5,116$ 5,240$ 5,372$ 5,506$ 53 Senior Accounting Technician 4,521$ 4,633$ 4,747$ 4,866$ 4,988$ 5,116$ 5,240$ 5,372$ 5,506$ 5,645$ 54 Building Technician II Senior Administrative Assistant 4,633$ 4,747$ 4,866$ 4,988$ 5,116$ 5,240$ 5,372$ 5,506$ 5,645$ 5,784$ 55 Code Services Officer Fire Administrative Specialist 4,747$ 4,866$ 4,988$ 5,116$ 5,240$ 5,372$ 5,506$ 5,645$ 5,784$ 5,930$ 56 Engineering Assistant 4,866$ 4,988$ 5,116$ 5,240$ 5,372$ 5,506$ 5,645$ 5,784$ 5,930$ 6,076$ 57 Accounting Specialist Circulation Services Supervisor Revenue Collection Specialist 4,988$ 5,116$ 5,240$ 5,372$ 5,506$ 5,645$ 5,784$ 5,930$ 6,076$ 6,228$ 58 Deputy City Clerk 5,116$ 5,240$ 5,372$ 5,506$ 5,645$ 5,784$ 5,930$ 6,076$ 6,228$ 6,385$ 59 Historical Museum Curator Information Systems Specialist Librarian I Office Coordinator 5,240$ 5,372$ 5,506$ 5,645$ 5,784$ 5,930$ 6,076$ 6,228$ 6,385$ 6,545$ 60 Business License Officer Senior Building Technician Senior Code Services Officer 5,372$ 5,506$ 5,645$ 5,784$ 5,930$ 6,076$ 6,228$ 6,385$ 6,545$ 6,708$ EXHIBIT A CITY OF ARCADIA MONTHLY SALARY RANGE JULY 1, 2022 - JUNE 30, 2023 ACEA GROUP - 3.0% COLA EXHIBIT A CITY OF ARCADIA MONTHLY SALARY RANGE JULY 1, 2022 - JUNE 30, 2023 ACEA GROUP - 3.0% COLA 61 5,506$ 5,645$ 5,784$ 5,930$ 6,076$ 6,228$ 6,385$ 6,545$ 6,708$ 6,875$ 62 Assistant Planner Building Inspector Public Works Inspector Senior Engineering Assistant 5,645$ 5,784$ 5,930$ 6,076$ 6,228$ 6,385$ 6,545$ 6,708$ 6,875$ 7,048$ 63 5,784$ 5,930$ 6,076$ 6,228$ 6,385$ 6,545$ 6,708$ 6,875$ 7,048$ 7,224$ 64 Assistant City Clerk Fire Prevention Specialist Librarian II 5,930$ 6,076$ 6,228$ 6,385$ 6,545$ 6,708$ 6,875$ 7,048$ 7,224$ 7,404$ 65 6,076$ 6,228$ 6,385$ 6,545$ 6,708$ 6,875$ 7,048$ 7,224$ 7,404$ 7,591$ 66 Assistant Engineer Associate Planner Senior Building Inspector Senior Public Works Inspector 6,228$ 6,385$ 6,545$ 6,708$ 6,875$ 7,048$ 7,224$ 7,404$ 7,591$ 7,781$ 67 6,385$ 6,545$ 6,708$ 6,875$ 7,048$ 7,224$ 7,404$ 7,591$ 7,781$ 7,975$ 68 6,545$ 6,708$ 6,875$ 7,048$ 7,224$ 7,404$ 7,591$ 7,781$ 7,975$ 8,174$ 69 Plans Examiner 6,708$ 6,875$ 7,048$ 7,224$ 7,404$ 7,591$ 7,781$ 7,975$ 8,174$ 8,379$ 70 Associate Civil Engineer 6,875$ 7,048$ 7,224$ 7,404$ 7,591$ 7,781$ 7,975$ 8,174$ 8,379$ 8,589$ 71 7,048$ 7,224$ 7,404$ 7,591$ 7,781$ 7,975$ 8,174$ 8,379$ 8,589$ 8,805$ 72 7,224$ 7,404$ 7,591$ 7,781$ 7,975$ 8,174$ 8,379$ 8,589$ 8,805$ 9,021$ 73 Principal Librarian Senior Planner 7,404$ 7,591$ 7,781$ 7,975$ 8,174$ 8,379$ 8,589$ 8,805$ 9,021$ 9,246$ 74 7,589$ 7,779$ 7,973$ 8,173$ 8,377$ 8,586$ 8,801$ 9,021$ 9,246$ 9,478$ 75 7,779$ 7,973$ 8,173$ 8,377$ 8,586$ 8,801$ 9,021$ 9,246$ 9,478$ 9,715$ 76 Senior Civil Engineer 7,973$ 8,173$ 8,377$ 8,586$ 8,801$ 9,021$ 9,246$ 9,478$ 9,715$ 9,958$ Range Number Title Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J 42 Library Assistant 3,583$ 3,671$ 3,765$ 3,858$ 3,955$ 4,055$ 4,156$ 4,262$ 4,367$ 4,477$ 43 Accounting Technician I 3,671$ 3,765$ 3,858$ 3,955$ 4,055$ 4,156$ 4,262$ 4,367$ 4,477$ 4,586$ 44 3,765$ 3,858$ 3,955$ 4,055$ 4,156$ 4,262$ 4,367$ 4,477$ 4,586$ 4,702$ 45 Office Assistant 3,858$ 3,955$ 4,055$ 4,156$ 4,262$ 4,367$ 4,477$ 4,586$ 4,702$ 4,818$ 46 Library Technician I Museum Education Coordinator 3,955$ 4,055$ 4,156$ 4,262$ 4,367$ 4,477$ 4,586$ 4,702$ 4,818$ 4,937$ 47 Accounting Technician II Recreation Coordinator Senior Citizens Project Specialist 4,055$ 4,156$ 4,262$ 4,367$ 4,477$ 4,586$ 4,702$ 4,818$ 4,937$ 5,061$ 48 Library Technician II 4,156$ 4,262$ 4,367$ 4,477$ 4,586$ 4,702$ 4,818$ 4,937$ 5,061$ 5,188$ 49 Administrative Assistant City Clerk Technician Senior Citizens Program Specialist 4,262$ 4,367$ 4,477$ 4,586$ 4,702$ 4,818$ 4,937$ 5,061$ 5,188$ 5,321$ 50 Building Technician I 4,367$ 4,477$ 4,586$ 4,702$ 4,818$ 4,937$ 5,061$ 5,188$ 5,321$ 5,450$ 51 4,477$ 4,586$ 4,702$ 4,818$ 4,937$ 5,061$ 5,188$ 5,321$ 5,450$ 5,587$ 52 Senior Library Technician 4,586$ 4,702$ 4,818$ 4,937$ 5,061$ 5,188$ 5,321$ 5,450$ 5,587$ 5,726$ 53 Senior Accounting Technician 4,702$ 4,818$ 4,937$ 5,061$ 5,188$ 5,321$ 5,450$ 5,587$ 5,726$ 5,871$ 54 Building Technician II Senior Administrative Assistant 4,818$ 4,937$ 5,061$ 5,188$ 5,321$ 5,450$ 5,587$ 5,726$ 5,871$ 6,015$ 55 Code Services Officer Fire Administrative Specialist 4,937$ 5,061$ 5,188$ 5,321$ 5,450$ 5,587$ 5,726$ 5,871$ 6,015$ 6,167$ 56 Engineering Assistant 5,061$ 5,188$ 5,321$ 5,450$ 5,587$ 5,726$ 5,871$ 6,015$ 6,167$ 6,319$ 57 Accounting Specialist Circulation Services Supervisor Revenue Collection Specialist 5,188$ 5,321$ 5,450$ 5,587$ 5,726$ 5,871$ 6,015$ 6,167$ 6,319$ 6,477$ 58 Deputy City Clerk 5,321$ 5,450$ 5,587$ 5,726$ 5,871$ 6,015$ 6,167$ 6,319$ 6,477$ 6,640$ 59 Historical Museum Curator Information Systems Specialist Librarian I Office Coordinator 5,450$ 5,587$ 5,726$ 5,871$ 6,015$ 6,167$ 6,319$ 6,477$ 6,640$ 6,807$ 60 Business License Officer Senior Building Technician Senior Code Services Officer 5,587$ 5,726$ 5,871$ 6,015$ 6,167$ 6,319$ 6,477$ 6,640$ 6,807$ 6,976$ EXHIBIT A CITY OF ARCADIA MONTHLY SALARY RANGE JULY 1, 2023 - JUNE 30, 2024 ACEA GROUP - 4.0% COLA EXHIBIT A CITY OF ARCADIA MONTHLY SALARY RANGE JULY 1, 2023 - JUNE 30, 2024 ACEA GROUP - 4.0% COLA 61 5,726$ 5,871$ 6,015$ 6,167$ 6,319$ 6,477$ 6,640$ 6,807$ 6,976$ 7,150$ 62 Assistant Planner Building Inspector Public Works Inspector Senior Engineering Assistant 5,871$ 6,015$ 6,167$ 6,319$ 6,477$ 6,640$ 6,807$ 6,976$ 7,150$ 7,330$ 63 6,015$ 6,167$ 6,319$ 6,477$ 6,640$ 6,807$ 6,976$ 7,150$ 7,330$ 7,513$ 64 Assistant City Clerk Fire Prevention Specialist Librarian II 6,167$ 6,319$ 6,477$ 6,640$ 6,807$ 6,976$ 7,150$ 7,330$ 7,513$ 7,700$ 65 6,319$ 6,477$ 6,640$ 6,807$ 6,976$ 7,150$ 7,330$ 7,513$ 7,700$ 7,895$ 66 Assistant Engineer Associate Planner Senior Building Inspector Senior Public Works Inspector 6,477$ 6,640$ 6,807$ 6,976$ 7,150$ 7,330$ 7,513$ 7,700$ 7,895$ 8,092$ 67 6,640$ 6,807$ 6,976$ 7,150$ 7,330$ 7,513$ 7,700$ 7,895$ 8,092$ 8,294$ 68 6,807$ 6,976$ 7,150$ 7,330$ 7,513$ 7,700$ 7,895$ 8,092$ 8,294$ 8,501$ 69 Plans Examiner 6,976$ 7,150$ 7,330$ 7,513$ 7,700$ 7,895$ 8,092$ 8,294$ 8,501$ 8,714$ 70 Associate Civil Engineer 7,150$ 7,330$ 7,513$ 7,700$ 7,895$ 8,092$ 8,294$ 8,501$ 8,714$ 8,933$ 71 7,330$ 7,513$ 7,700$ 7,895$ 8,092$ 8,294$ 8,501$ 8,714$ 8,933$ 9,157$ 72 7,513$ 7,700$ 7,895$ 8,092$ 8,294$ 8,501$ 8,714$ 8,933$ 9,157$ 9,382$ 73 Principal Librarian Senior Planner 7,700$ 7,895$ 8,092$ 8,294$ 8,501$ 8,714$ 8,933$ 9,157$ 9,382$ 9,616$ 74 7,893$ 8,090$ 8,292$ 8,500$ 8,712$ 8,929$ 9,153$ 9,382$ 9,616$ 9,857$ 75 8,090$ 8,292$ 8,500$ 8,712$ 8,929$ 9,153$ 9,382$ 9,616$ 9,857$ 10,104$ 76 Senior Civil Engineer 8,292$ 8,500$ 8,712$ 8,929$ 9,153$ 9,382$ 9,616$ 9,857$ 10,104$ 10,356$ CITY OF ARCADIA AND ARCADIA PUBLIC WORKS EMPLOYEES’ ASSOCIATION MEMORANDUM OF UNDERSTANDING JULY 1, 2021 – JUNE 30, 2024 ii APWEA MOU 2021 - 2024 Table of Contents Page PREAMBLE ................................................................................................................................................. 1 ARTICLE I ................................................................................................................................................... 2 Section A. PARTIES AND RECOGNITION ................................................................................... 2 Section B. APPROPRIATE UNIT .................................................................................................... 2 Section C. MUTUAL RECOMMENDATION .................................................................................. 2 Section D. AUTHORIZED AGENTS ............................................................................................... 3 ARTICLE II .................................................................................................................................................. 3 Section A. TERM ............................................................................................................................... 3 Section B. SAVINGS CLAUSE ........................................................................................................ 3 ARTICLE III ASSOCIATION RIGHTS ............................................................................................... 3 Section A. LEGISLATIVE AUTHORITY ......................................................................................... 3 Section B. RIGHT TO JOIN ............................................................................................................. 4 Section C. USE OF BULLETIN BOARDS ...................................................................................... 4 Section D. ACCESS TO FACILITIES ............................................................................................. 5 Section E. ASSOCIATION STEWARDS ........................................................................................ 5 Section F. REASONABLE NOTICE................................................................................................ 6 ARTICLE IV MANAGEMENT RIGHTS .............................................................................................. 6 ARTICLE V COMPENSATION .......................................................................................................... 7 Section A. SALARY SCHEDULES ................................................................................................. 7 Section B. PROMOTION OR ADVANCEMENT ........................................................................... 7 Section C. PERCENTAGES BETWEEN STEPS/RANGE .......................................................... 7 Section D. ADVANCES IN RATE OF COMPENSATION ............................................................ 8 ARTICLE VI RETIREMENT ................................................................................................................. 8 Section A. EMPLOYEES HIRED BEFORE JULY 1, 2011 .......................................................... 8 Section B. EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 BUT BEFORE OCTOBER 9, 2011 ............................................................................................................................. 9 Section C. EMPLOYEES HIRED ON OR AFTER OCTOBER 9, 2011 OTHER THAN NEW CalPERS MEMBERS ................................................................................................... 10 Section D. NEW CalPERS MEMBERS HIRED ON OR AFTER JANUARY 1, 2013 ............ 11 Section E. DEFERRED COMPENSATION ................................................................................. 12 ARTILCE VII OVERTIME (FLSA) AND WORK SCHEDULES ...................................................... 12 iii APWEA MOU 2021 - 2024 Section A. OVERTIME .................................................................................................................... 12 Section B. RECALL ......................................................................................................................... 13 Section C. WORK SCHEDULES ................................................................................................... 13 ARTICLE VIII STABILITY PAY/LONGEVITY PAY....................................................................... 14 Section A. STABILITY PAY ............................................................................................................ 14 Section B. LONGEVITY PAY ......................................................................................................... 14 ARTICLE IX TUITION ADVANCEMENT/REIMBURSEMENT ..................................................... 14 ARTICLE X MILEAGE REIMBURSEMENT ................................................................................... 15 ARTICLE XI HEALTH, DENTAL AND LIFE INSURANCE ........................................................... 16 Section A. EMPLOYEES HIRED BEFORE 7/1/2021 ................................................................ 16 Section B. EMPLOYEES HIRED ON OR AFTER 7/2/2021 ...................................................... 17 ARTICLE XII RETIREE MEDICAL ..................................................................................................... 18 Section A. RETIREE MEDICAL FOR EMPLOYEES HIRED BEFORE JULY 1, 2011 ......... 18 Section B. RETIREE MEDICAL - EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 ..... 20 ARTICLE XIII DISABILITY INCOME INSURANCE ..................................................................... 20 ARTICLE XIV MEDICAL EXAMINATIONS .................................................................................... 21 ARTICLE XV UNIFORMS ................................................................................................................... 21 Section A. UNIFORM SETS ........................................................................................................... 21 Section B. BOOT ALLOWANCE ................................................................................................... 21 Section C. ADDITIONAL UNIFORM ITEMS ................................................................................ 21 Section D. REPORTING ................................................................................................................. 22 Section E. RETURN OF UNIFORMS ........................................................................................... 22 ARTICLE XVI LEAVE ........................................................................................................................ 22 Section A. LEAVE ............................................................................................................................ 22 Section B. POWER TO GRANT LEAVE ...................................................................................... 22 Section C. TEMPORARY MILITARY LEAVE (PAID AND UNPAID) ....................................... 23 Section D. VACATION LEAVE ...................................................................................................... 24 Section E. SICK LEAVE ................................................................................................................. 25 Section F. WORKERS’ COMPENSATION .................................................................................. 27 Section G. HOLIDAYS..................................................................................................................... 27 Section H. JURY LEAVE ................................................................................................................ 29 Section I. WITNESS LEAVE ......................................................................................................... 29 iv APWEA MOU 2021 - 2024 Section J. BEREAVEMENT LEAVE ............................................................................................. 29 Section K. UNAUTHORIZED ABSENCE ..................................................................................... 29 ARTICLE XVII PROBATIONARY PERIOD .................................................................................... 30 Section A. ......................................................................................................................................... 30 Section B. ......................................................................................................................................... 30 Section C. ......................................................................................................................................... 30 ARTICLE XVIII ACTING PAY ............................................................................................................ 30 Section A. ACTING PAY ................................................................................................................. 30 Section B. EXCEPTION .................................................................................................................. 32 ARTICLE XIX LAYOFFS .................................................................................................................. 32 Section A. LAYOFF PROCEDURE ............................................................................................... 32 Section B. RE-EMPLOYMENT LIST ............................................................................................ 32 Section C. SEVERANCE PAY ....................................................................................................... 32 ARTICLE XX PERSONNEL FILES .................................................................................................... 33 Section A. PERSONNEL FILES .................................................................................................... 33 Section B. PROMOTIONAL RECUITMENTS ............................................................................. 33 Section C. WRITTEN REPRIMAND REVIEW ............................................................................. 33 ARTICLE XXI EMPLOYEE GRIEVANCES ................................................................................... 33 Section A. DEFINITIONS ............................................................................................................... 33 Section B. TIMELINESS ................................................................................................................. 34 Section C. EMPLOYEE REPRESENTATION ............................................................................. 35 Section D. INFORMAL GRIEVANCE PROCEDURE ................................................................. 35 Section E. FORMAL GRIEVANCE PROCEDURE ..................................................................... 35 Section F. APPEAL TO HUMAN RESOURCES COMMISSION ............................................. 36 ARTICLE XXII LABOR - MANAGEMENT COMMITTEE .............................................................. 40 ARTICLE XXIII STAND-BY/CALL BACK POLICY .......................................................................... 41 Section A. SCHEDULE ................................................................................................................... 41 Section B. ELIGIBILITY REQUIREMENTS ................................................................................. 41 Section C. COMPENSATION ........................................................................................................ 42 Section D. RESPONSIBILITIES .................................................................................................... 43 ARTICLE XXIV FULL UNDERSTANDING ....................................................................................... 44 Section A. ......................................................................................................................................... 44 v APWEA MOU 2021 - 2024 Section B. ......................................................................................................................................... 44 2021-2024 NEGOTIATION TEAMS ...................................................................................................... 45 1 APWEA MOU 2021 - 2024 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. 2 APWEA MOU 2021 - 2024 ARTICLE I Section A. PARTIES AND RECOGNITION The Memorandum of Understanding is made and entered into between the Management representatives of the City of Arcadia, hereinafter referred to as the "City" and representatives of the Arcadia Public Works Employees Association, a formally recognized exclusive employee organization, hereinafter referred to as the "Association," pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code §§3500 et. seq.). Section B. APPROPRIATE UNIT The City agrees to give the Association notice of any changes, additions, or deletions of bargaining unit by classifications via an emailed copy of the Human Resources Commission Agenda. The agenda will be emailed to the Association’s authorized agent at the same time the agenda is sent to Commission members. The Association shall be responsible for providing the City with the authorized agent’s email address. The full-time and permanent part-time classifications covered by this Agreement are: Building Maintenance Crew Supervisor Building Maintenance Technician Equipment Operator Fleet Maintenance Crew Supervisor Fleet Technician I and II Fleet Technician/Welder Maintenance Worker Storekeeper/Buyer Streets Maintenance Crew Supervisor Traffic Signal/Street Light Technician Utilities Crew Supervisor Water Production Crew Supervisor Water Production Technician I and II Water Quality Backflow Inspector Section C. MUTUAL RECOMMENDATION This Memorandum of Understanding constitutes a mutual recommendation to the City Council, City of Arcadia, for determination. 3 APWEA MOU 2021 - 2024 Section D. AUTHORIZED AGENTS The City's principal authorized agent shall be the City Manager, 240 W. Huntington Drive, Arcadia, California, 91007, except where a particular City representative is specifically designated in connection with the performance of a specific function or obligation set forth herein. The Public Works bargaining unit’s authorized representative is Marcos Garcia, President of the Arcadia Public Works Employees Association, 11800 Goldring Road, Arcadia, California, 91066-6021. The duly authorized staff representative is Jeff Natke, City Employees Associates, General Manager, 100 Oceangate, Suite 1200, Long Beach, CA 90802 ARTICLE II Section A. TERM The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment and it is mutually agreed that this Memorandum of Understanding shall be effective, upon ratification by the City Council, for the period of July 1, 2021 through June 30, 2024. 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. ARTICLE III ASSOCIATION RIGHTS Section A. LEGISLATIVE AUTHORITY 1. In accordance with AB 119, the City shall notify the Board when a new employee is hired in the bargaining unit, including during new employee onboarding and when a new employee orientation occurs. The City will provide reasonable paid release time of 30 minutes for the Board to meet with the new employee for the purposes of discussing membership in the Association. In accordance with SB 866, a Board Representative will notify the City when a new employee has signed a membership card authorizing membership dues deduction and when such deductions shall begin. 4 APWEA MOU 2021 - 2024 The City shall rely on the representations made by the association regarding the authorization to make, revoke, cancel, or change deductions for employees represented by the APWEA. The City shall deduct dues on a regular payroll basis for employees represented by the APWEA following receipt of written notice from APWEA that written authorization has been provided to the Association by the employee. If an APWEA represented employee desires to revoke, cancel, or change prior dues deduction, such requests shall be directed in writing to the Association, which shall promptly provide written notice to the City. 2. Records. Arcadia Public Works Employees Association shall keep an adequate itemized record of its financial transactions and shall make available annually, to the City and to unit members, within 60 days after the end of its fiscal year, a written financial report thereof in the form of a balance sheet certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. 3. Indemnification. The Association shall indemnify, defend, and hold the City harmless from and against all claims and liabilities as a result of implementing and maintaining this agreement. Section B. RIGHT TO JOIN The City and the Association recognize the right of the employees to form, join and participate in lawful activities of employee organizations and the equal alternative right of employees to refuse to join or participate in employee organization activities. Section C. USE OF BULLETIN BOARDS The City shall provide for the Association's use designated bulletin boards where employees in the bargaining unit have access during regular business hours subject to the following conditions: 1. All postings for bulletin boards must contain the date of posting and the identification of the organization; and 2. The Association will not post information, which is defamatory, derogatory, or obscene subject to the immediate removal of the right to post for a period not to exceed 90 days. 5 APWEA MOU 2021 - 2024 Section D. 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 their designee to state the purpose of the visit and which location they will be visiting, and 2. The Human Resources Administrator or designee determines that such visit shall not interfere with the operations of the department. In the event the requested time and/or location of such visit by the Association Business Agent is denied because it would interfere with the operations of the department, the Human Resources Administrator or their designee shall set an alternative time and/or location for such visit within 72 hours. Section E. ASSOCIATION STEWARDS Four Shop Stewards shall be selected in such manner as the Association may determine. The Association shall notify the City in writing of the names of the 4 Stewards who are authorized to represent employees in the bargaining unit. 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 the Human Resources Administrator, or designee, and Association Business Agent to resolve problems within the scope of bargaining, and/or 6 APWEA MOU 2021 - 2024 d. An orientation period with new hires at the beginning of a new employee orientation or onboarding conducted by Human Resources. In addition, Association Stewards shall be provided a maximum of 2 hours per month release time during their 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 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 steward activities outside of normal working hours is not compensable. Section F. REASONABLE NOTICE It is mutually understood and agreed that a copy of the City Council and/or Human Resources Commission agenda for each meeting be emailed to 2 authorized representatives of the Association shall constitute reasonable written notice of any opportunity to meet with such agencies, on all matters within the scope of representation upon which the City Council or Human Resources Commission may act. The Association shall provide the Human Resources Administrator with the name and email addresses of the 2 authorized representatives within 5 days of the effective date of this Agreement. ARTICLE IV MANAGEMENT RIGHTS Except as limited by the specific and express terms of this Agreement, the City hereby retains and reserves unto itself all rights, powers, authority, duty, and responsibilities confirmed on and vested in it by the laws and the Constitution of the State of California, the Charter of the City of Arcadia and/or the laws and Constitution of the United States of America. The management and the direction of the work force of the City is vested exclusively in the City, and nothing in this Agreement is intended to circumscribe or modify the existing rights of the City to direct the work of its employees; hire, promote, demote, transfer, assign and retain employees in positions within the City, subject to the Personnel Rules and Regulations of the City; suspend or discharge employees for proper cause; maintain the efficiency of governmental operations; relieve employees from duties for lack 7 APWEA MOU 2021 - 2024 of work or other good reason; take action as may be necessary to carry out the City's mission and services in emergencies; and to determine the methods, means and personnel by which the operations are to be carried out. ARTICLE V COMPENSATION Section A. SALARY SCHEDULES The City agrees to increase base salaries of classifications covered by this MOU in the amount of 3% effective July 1, 2021, 3% effective July 1, 2022, and 4% effective July 1, 2023. The salary schedules for classifications covered by this MOU are set forth on Exhibit A and incorporated herein. Retro increases will be given only to those unit members on City payroll as of the date of ratification of this agreement. The APWEA will be given a one-time non-PERSable bonus of $89,706 for the City to distribute through regular payroll to APWEA members as decided by a majority vote of the APWEA general membership. In addition to the amount listed above, the APWEA will be given a one-time non-PERSable bonus pay of $79,400 to be distributed as follows: • Those APWEA employees with less than one-year of service as of the date of ratification of this agreement shall receive $300.00 in non-PERSable bonus pay. • The remaining amount shall be equally distributed to those APWEA employees on City payroll as of the date of ratification, and with more than one-year of service. Section B. PROMOTION OR ADVANCEMENT Promotion or Advancement in Rate of Compensation. When an employee is promoted, the pay shall advance to the lowest step in such higher range that will provide not less than an approximate 5% increase in compensation unless the top step in such range provides less than one step increase. The 5% shall be measured by the range from which the employee is promoted. When an employee is promoted to a higher classification, the date of promotion shall be used in determining the date of future step increases. Section C. PERCENTAGES BETWEEN STEPS/RANGE The Parties acknowledge that the percentage between steps within a range is approximately 2.5%. 8 APWEA MOU 2021 - 2024 Section D. ADVANCES IN RATE OF COMPENSATION During the term of this Agreement, individuals will advance in their rates of compensation two steps approximately 5.0% on their anniversary dates upon receiving satisfactory evaluations until the top step in the range is reached. ARTICLE VI RETIREMENT Section A. EMPLOYEES HIRED BEFORE JULY 1, 2011 The City contracts with the State of California Public Employees Retirement System (CalPERS) 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 ($0.93) 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. As permitted by CalPERS, employees may elect to purchase service credit by remitting payment to CalPERS via payroll deductions. If the employee elects this option, the City agrees to allow members to elect those payments as pre-tax payroll deductions for service purchases. 9. Special compensation items shall be reported to CalPERS in accordance with applicable law. 10. Employees agree to make contributions to offset a portion of the City’s costs related to CalPERS retirement benefits. The employee cost- sharing will be accomplished through pre-tax deductions in the manner contemplated by Government Code §20516(f). The parties recognize that the IRS has yet to take a position on the pre-tax status of deductions made under §20516(f) and in the event that, subsequent to the effective date of this provision, the IRS determines that such deductions do not qualify for pre-tax status, the parties agree to meet and discuss the effects thereof. The cost-sharing arrangement will be implemented as follows: 9 APWEA MOU 2021 - 2024 Employees will pay 7% of PERSable compensation to CalPERS retirement via payroll deduction towards the City’s Employer Contribution to CalPERS and said amount will be allocated to the employer’s account. 11. In addition to the foregoing cost sharing payments, employees shall continue to pay one 1% of the member contribution to CalPERS. 12. The City shall continue to pay the cost of the employees’ member contribution to CalPERS in the amount of 7% (EPMC) and shall continue to report that as additional compensation pursuant to §20636(c)(4) of the Government Code. Further, said amount will be allocated to the employee’s retirement account, and 13. 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 0.276%. The cost- sharing arrangement will be implemented as follows: Employees will pay 0.138% of PERSable compensation to CalPERS retirement via payroll deduction; and the City will pay 0.138% of PERSable compensation to CalPERS retirement. Section B. EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 BUT BEFORE OCTOBER 9, 2011 The City contracts with the State of California Public Employees Retirement System (CalPERS) for the classifications contained in this Agreement. The plan shall include the following options: 1. 2.5% at age 55 retirement formula (Government Code §21354.4). 2. Single highest year final compensation (Government Code §20042). 3. Post Retirement Survivor Continuance. 4. Credit for unused sick leave (Government Code §20965). 5. 1959 Survivors Benefit for which each employee contributes $ 0.93 per pay period. 6. Third level 1959 Survivors Benefit allowance (Government Code §21573). 10 APWEA MOU 2021 - 2024 7. Military service credit as public service option (Government Code §21024). It is agreed and understood that the employee is responsible for paying for the cost of this benefit. 8. Employee will pay the full 8% member contribution to CalPERS on a pre-tax basis via payroll deduction. 9. As permitted by CalPERS, employees may elect to purchase service credit by remitting payment to CalPERS via payroll deductions. If the employee elects this option, the City agrees to allow members to elect those payments as pre-tax payroll deductions for service credit purchases. 10. Special Compensation items shall be reported to CalPERS in accordance with applicable law; and 11. The Pre-Retirement Option 2W Death Benefit (Government Code §21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional Benefits), Employees agree to cost share this benefit with the City through pre-tax deductions in the manner contemplated by Government Code §20516(f). The parties recognize that the IRS has yet to take a position on the pre-tax status of deductions made under §20516(f) and in the event that, subsequent to the effective date of this provision, the IRS determines that that such deductions do not qualify for pre-tax 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 0.276%. The cost- sharing arrangement will be implemented as follows: Employees will pay 0.138% of PERSable compensation to CalPERS retirement via payroll deduction; and the City will pay 0.138% of PERSable compensation to CalPERS. Section C. EMPLOYEES HIRED ON OR AFTER OCTOBER 9, 2011 OTHER THAN NEW CalPERS MEMBERS The City contracts with the State of California Public Employees Retirement System (CalPERS) 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 $0.93 per pay period. 11 APWEA MOU 2021 - 2024 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. As permitted by CalPERS, employees may elect to purchase service credit by remitting payment to CalPERS via payroll deductions. If the employee elects this option, the City agrees to allow members to elect those payments pre-tax payroll deductions for service purchases. 9. Special compensation items shall be reported to CalPERS in accordance with applicable law. 10. Employee will pay the full 7% member contribution to CalPERS via payroll deduction, and 11. 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 0.276%. The cost- sharing arrangement will be implemented as follows: Employees will pay 0.138% of PERSable compensation to CalPERS retirement via payroll deduction; and the City will pay 0.138% of PERSable compensation to CalPERS retirement. Section D. NEW CalPERS MEMBERS HIRED ON OR AFTER JANUARY 1, 2013 The City contracts with the State of California Public Employees Retirement System (CalPERS) 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 $0.93 per pay period. 12 APWEA MOU 2021 - 2024 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. As permitted by CalPERS, employees may elect to purchase service credit by remitting payment to CalPERS via payroll deductions. If the employee elects this option, the City agrees to allow members to elect those payments as pre-tax payroll deductions for service purchases. 9. Special compensation items shall be reported to CalPERS in accordance with applicable law. 10. Employee will pay 50% of the normal cost, currently 6.75% member contribution to CalPERS on a pre-tax basis via payroll deduction, and 11. 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 0.276%. The cost- sharing arrangement will be implemented as follows: Employees will pay 0.138% of PERSable compensation to CalPERS retirement via payroll deduction; and the City will pay 0.138% of PERSable compensation to CalPERS retirement. Section E. DEFERRED COMPENSATION Employees may elect to allocate salary to the City’s 457 Plan on a pre-tax basis in accordance with the provisions of the Plan. ARTILCE VII OVERTIME (FLSA) AND WORK SCHEDULES Section A. OVERTIME With the approval of the City Manager, and when necessary to perform essential work, a Department Head may require employees to work at any time other than during regular working hours until such work is accomplished. An employee required to be in a work status beyond 40 hours in a designated work week, or to work in excess of the regularly 13 APWEA MOU 2021 - 2024 scheduled shift shall be paid at the rate of one and one-half times the regular hourly rate. No overtime credit shall be allowed for any period less than one- half hour. Overtime shall be rounded to the nearest one-half hour. The Department Head, City Manager or their designee, may permit an employee to take compensatory time in lieu of paid overtime. With Department Head approval, represented employees shall be permitted to accumulate compensatory time only to a maximum of 100 hours. When the maximum level of compensatory time is reached, overtime shall be paid. When an employee is directed by their Department Head or the City Manager to attend classes or City functions at times other than regularly scheduled work hours which cause the employee to be in a work status in excess of 40 hours in a 7-day work period, the employee shall be paid at the rate of time and one-half the employee's regular rate of pay. This does not apply to classes or other functions which the employee attends voluntarily. For purposes of calculating overtime, sick leave hours used are considered hours worked. Employees shall receive double time pay for any hours worked on a City recognized Holiday. Section B. RECALL Employees recalled back to work after completing a day's work, including any overtime shall receive a minimum credit of 2 hours of overtime. Stand-By/Call Back Policy is located in Article XXIII of this MOU. Section C. WORK SCHEDULES The City agrees that if it decides to change the current 9-day–80 hour work schedule, the City will give the Association 2 weeks advance notice and will meet and confer with the Association prior to implementing a new work schedule; provided, however, the City will not be required to meet and confer before implementing a new work schedule in the case of an emergency affecting City operations. If in the event the City determines an emergency exists, it may modify an employee’s regular work hours. Reasonable notice will be given by the City to affected employees. When an employee within the Street Sweeper classification calls out sick or has a scheduled vacation, the back-up employee will be provided at least a 14 APWEA MOU 2021 - 2024 48 hours’ notice of such change to schedule. If less than 48 hours’ notice is given, the replacement staff will begin the street sweeper shift at 6:45 a.m. ARTICLE VIII STABILITY PAY/LONGEVITY PAY Section A. STABILITY PAY Stability pay is applicable only to employees who were hired prior to July 1, 1983. The plan pays $25 per year for each year of consecutive service up to a maximum of 20 years of service, where the maximum attainable is $500. Cash stability payments are made once a year between December 1, and December 10, only to employees on the payroll as of December 1. Stability payments will be paid on a pro-rata basis to employees that retire or are laid off prior to December 1, provided they meet all eligibility requirements. Section B. LONGEVITY PAY A Longevity Pay benefit will be implemented based on the following formula: Completed Years of Continuous Service 5-9 Yrs 10-14 Yrs 15 Yrs + Amount Per Pay Period $42.02 $63.04 $84.06 The Longevity Pay benefit is effective the pay period an employee completes 5, 10 or 15 years of continuous employment with the City. ARTICLE IX TUITION ADVANCEMENT/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 Advancement/ Reimbursement Form must be submitted and pre- approved by the employee’s Department Head and Human Resources Administrator before the course(s) begin. Tuition advancement or reimbursement shall only be for the first degree in each education level that an employee seeks to obtain, and 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. 15 APWEA MOU 2021 - 2024 The Tuition Advancement/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 advancement or reimbursement amount shall be $4,126 for undergraduate courses and $5,062 for graduate courses. Eligible fees include tuition, on campus parking fees and textbooks. All other fees are subject to approval by the City. School supplies are not reimbursable. All course work must be completed while employed by the City of Arcadia with a passing grade of "C" or equivalent when numerical score or pass/fail grade is given. If the employee either does not receive a “C” or better or for any reason does not finish the class, the advance is due and payable. Any employee who voluntarily retires or terminate employment or is 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 1 year from the advancement, shall refund all tuition advanced and be subject to the provisions outlined in the Tuition Participation and Advancement 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 deny it for advancement or reimbursement if such action appears warranted. Courses must be taken at an accredited education institution, which is defined as any college or university which has been accredited by a recognized government or professional accrediting body (as determined by the City). Additionally, the City reserves the right to deny any course(s), specialized training or degree programs determined by the City Manager to be non-job related. ARTICLE X MILEAGE REIMBURSEMENT Mileage is reimbursed for travel in an employee's personal vehicle in connection with City business. Prior approval must be obtained from the immediate supervisor or Department Head. If travel is required frequently during a month, reimbursement will be made once a month. Completed mileage forms shall be submitted to the Department Head consistent with the administrative policy. Any employee authorized to use a personal vehicle must maintain an insurance policy meeting the standards established by the City Manager. 16 APWEA MOU 2021 - 2024 ARTICLE XI HEALTH, DENTAL AND LIFE INSURANCE Section A. EMPLOYEES HIRED BEFORE 7/1/2021 The City shall provide regular full-time employees in a classification represented by this Agreement with the option to elect the following contributions: 1. CalPERS Health Program: The City will contribute the minimum employer contribution required pursuant to Government Code §22892(b) (“Minimum Contribution”) per month per employee for health insurance. a. The City shall pay up to a maximum of $1,107.00 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 the employee only coverage, the difference shall be contributed toward the cost of dependent coverage or to the employee in cash as taxable income. i. Those employees who receive cash as taxable income will have the amount capped to the amount they were receiving as of July 1, 2021 and then reduced to an amount that will allow the City-wide Total Medical Plan Payment to be less than 20%. This amount will result in the employee’s new capped cash-in-lieu. b. Those employees who qualify to receive cash as taxable income and who subsequently reduces their cash-in-lieu amount through a qualifying change, shall be subject to the new cash-in-lieu limit based on their elected reduced amount and will forfeit their previous cash- in-lieu limit. c. Employees who do not take cash-in-lieu as of July 1, 2021, for any unused portion of the City’s contribution toward benefits shall no longer be eligible for cash-in-lieu. d. If the premium cost of the health plan exceeds the City contribution, the employee shall pay through payroll deduction the difference between the monthly premium and the amount contributed by the City. e. The employee's exercise of the option to use the difference toward dependent health coverage or the deferred compensation plan is subject to the conditions controlling enrollment periods and eligibility established by the respective plans or carriers. 17 APWEA MOU 2021 - 2024 f. Dependent enrollment will require proof of eligibility for dependent status including social security number, marriage, birth, and adoption certificates. 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. Life Insurance: The City shall provide a $25,000 Life & AD&D benefit for eligible employees. 4. Vision Plan: The City shall provide each employee with a vision plan, with the City paying the premium up to the cost of the family plan for each employee. The vision plan will be Vision Service Plan, Option B. 5. Circumstances Under Which An Employee Hired Before 7/1/2021 Can Receive Cash in Lieu of City Coverage: An employee is required to carry one of the City’s designated medical plans unless they opt out. An employee hired before July 1, 2021, may receive cash-in-lieu for opting out of the City’s designated medical plans during the annual open enrollment period by signing a written waiver each year, that attests that the employee and each member of the employee’s Tax Family (i.e. all individuals for whom the employee expects to claim a personal exemption deduction for the upcoming tax year) each has alternative minimum essential coverage (other than coverage in the individual market and other than individual coverage through Covered California) for the upcoming tax year. If the employee provides the executed written waiver and documentation confirming that he or she is enrolled in an alternative group health plan that satisfies the above at open enrollment or within 30 days after the start of the plan year, they will be entitled to the maximum allotted cash referenced in Section 1 above to be taken as taxable income. 6. Optional Benefits: Subject to the limits set forth herein, the City shall contribute the remaining amount of employee’s health and dental insurance benefit allowance through a contribution to an Internal Revenue Code §125 Cafeteria Plan. Section B. EMPLOYEES HIRED ON OR AFTER 7/2/2021 The City shall provide regular full-time employees in a classification represented by this Agreement with the option to elect the following contributions: 18 APWEA MOU 2021 - 2024 1. The City shall pay up to a maximum of $1,107.00 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 the employee only coverage, the difference shall be contributed toward the cost of dependent coverage. No amount shall be given in cash as taxable income. a. 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. b. Dependent enrollment will require proof of eligibility for dependent status including social security number, marriage, birth, and adoption certificates. 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. Life Insurance: The City shall provide a $25,000 Life & AD&D benefit for eligible employees. 4. Vision Plan: The City shall provide each employee with a vision plan, with the City paying the premium up to the cost of the family plan for each employee. The vision plan will be Vision Service Plan, Option B. 5. Optional Benefits: Subject to the limits set forth herein, the City shall contribute the remaining amount of employee’s health and dental insurance benefit allowance through a contribution to an Internal Revenue Code §125 Cafeteria Plan. ARTICLE XII RETIREE MEDICAL Section A. RETIREE MEDICAL FOR EMPLOYEES HIRED BEFORE JULY 1, 2011 1. Program Description For employees hired before July 1, 2011, and retiring from the City on or after January 1, 2012 (“Tier II Retirees”), the City agrees to provide a Premium Payment for the purpose of purchasing health coverage offered through CalPERS for the Tier II Retiree and their spouse in an amount not to exceed the monthly premium applicable to the coverage level for the retiree (i.e., One-Party or Two-Party) as shown in the chart below. 19 APWEA MOU 2021 - 2024 2. Premium Payment The total Premium Payment shall be payable in the following form: (1) Public Employees’ Medical and Hospital Care Act (“PEMHCA”) Minimum contribution payable directly to CalPERS, and (2) a reimbursement to the Tier II Retiree equal to the difference between the cost of the plan in which the Tier II Retiree enrolls, subject to the caps below, and the PEMHCA Minimum contribution (“Reimbursement”). If a retiree enrolls in a more expensive plan, they will be responsible for payment of any premium in excess of the capped amount. Tier II Retiree Premium Payment One-Party (Retiree Only) $ 505.63* Two-Party (Retiree + Spouse) $ 1,011.26* * These amounts were established based on the 2012 PERS Choice plan for Los Angeles. The Premium Payment includes the PEMHCA Minimum, paid directly to CalPERS, not to the eligible retiree. As specified below, 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. 3. Eligibility Requirements Tier II Retirees must be “eligible retirees” in order to receive the benefits described in this subsection. Eligible retirees must meet the following requirements: a. 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 1,000 hours of accumulated sick leave at the date of retirement may become eligible for the retiree health benefit by paying the City an amount equal to the employee’s daily pay rate at the time of retirement times the number of hours needed to meet the 1,000 hours of accumulated sick leave requirement, with the following restrictions: i. The employee must have reached the age of 55; and ii. 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. 20 APWEA MOU 2021 - 2024 iii. To meet the 1,000 sick leave hour requirement, the employee would be limited to purchasing up to a maximum of 350 hours worth of sick leave in an amount equal to the employee’s daily pay rate at the time of retirement, 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, the limitation of 350 hours will be excused. b. The retiree, and if applicable, the retiree’s spouse, must be enrolled in CalPERS retiree medical and maintain eligibility to continue in the CalPERS Health Program as stipulated by CalPERS in order to receive the City’s Premium Payment. The Association shall notify Human Resources in the event of the death of a retired member. 4. Termination of Eligibility An eligible retiree shall cease to be eligible for the City’s Reimbursement upon becoming eligible for Medicare coverage. The retiree’s spouse shall become ineligible for the City’s Reimbursement upon becoming eligible for Medicare coverage or after 15 years, whichever occurs first. If the retired employee and/or spouse have other group medical coverage available, then this other group insurance shall be primary and the City’s health insurance plan shall function as a secondary co- insurance. Section B. RETIREE MEDICAL - EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 Tier III Retirees. For employees hired on or after July 1, 2011 that retiree from the City and who remain enrolled in a CalPERS health plan after retirement (“Tier III Retiree”), the City will pay no more than the PEMHCA Minimum contribution. Tier III Retirees shall not be reimbursed or otherwise receive payment from the City for health insurance premiums in excess of the PEMHCA Minimum contribution. ARTICLE XIII DISABILITY INCOME INSURANCE The City shall provide disability income insurance up to a maximum total monthly payment of $12.81 per full-time employee, covered by this agreement during the life of the Agreement. 21 APWEA MOU 2021 - 2024 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. ARTICLE XV UNIFORMS The following shall apply for each fiscal year: Section A. UNIFORM SETS The City shall provide each new employee with 11 sets of uniforms consisting of shirts and trousers. Unit members currently employed as of the date of ratification of this agreement will receive 4 additional sets to have a total of 11 complete sets of uniforms. Employees who work with high- voltage and/or due to medical condition shall be provided with fire-retardant clothing per discretion of the Crew Supervisor. The City shall provide only 1 replacement for any damaged or lost shirt and trouser/shorts. Section B. BOOT ALLOWANCE The City will reimburse up to $250.00 annually for steel-tip, non-conductive boots, insoles, toe armor, socks, polish, boot oil, water proofing, and laces for those full-time regular employees who work regularly with electricity and all other covered employees for general steel-tip boots, insoles, toe armor, socks, polish, boot oil, water proofing, and laces. The City will determine on a case-by-case basis the need to purchase additional boots if the employee’s boots become worn out and/or in need of replacement prior to the end of the fiscal year. Should such requests be approved, the protocols to purchase the 2nd pair of boots will comply with the same procedural limits as stated in the paragraph above for reimbursement and reimbursable items. Section C. ADDITIONAL UNIFORM ITEMS The City shall provide 10 orange t-shirts with a City logo for each full-time permanent employee. 22 APWEA MOU 2021 - 2024 The City shall provide 2 City of Arcadia hats for each full-time permanent employee. The City shall provide 1 pair of rain boots for each full-time permanent employee. The City shall provide replacement rain gear on an as needed basis or determined by the supervisor. The City shall provide 1 set of rain gear for each full-time permanent employee. The City shall provide replacement rain gear on an as needed basis or determined by the supervisor. The City shall provide 1 sweatshirt for each full-time permanent employee. Section D. REPORTING The City shall report $215.00 per year to CalPERS as special compensation for Uniform Allowance to the extent permitted by law. “New Members” as defined under the Public Employees’ Pension Reform Act of 2013 will not have the value of the uniforms reported as special compensation. Section E. RETURN OF UNIFORMS Upon termination of employment, the employee shall turn in all uniforms and other items issued shall have a dollar amount equal to the unreturned uniforms’ and items costs that will be deducted from the employee’s final paycheck. ARTICLE XVI LEAVE Section A. LEAVE In accordance with the current Personnel Rules and Regulations of the City of Arcadia, all leaves for classifications represented by this Agreement shall be provided for as follows: Section B. POWER TO GRANT LEAVE Upon the written request of an employee stating the reasons therefore, the appointing power with the approval of the City Manager shall have power to grant leaves of absence with or without pay subject to the following restrictions: 23 APWEA MOU 2021 - 2024 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 the employee 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 their 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 their classification before or at the expiration of his leave of absence. Therefore, a leave of absence shall be granted only to an employee who intends to return to their 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 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 30 days shall constitute an interruption of service unless, in the action granting such leave of absence, it is provided that such leave of absence shall not constitute an interruption of service. Section 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. Although a military leave of absence is not considered a break in service in relation to seniority, if the employee wishes to have their extended military service time credited toward CalPERS, the employee may buy back credit for their leave of absence for active military service through CalPERS as CalPERS has determined that payments while on such service are not reportable for retirement purposes. 24 APWEA MOU 2021 - 2024 This leave provision does not apply to employees who are drafted or receive orders to military duty for periods longer than 180 calendar days. Employee's rights to return to vacant positions after an absence that exceeds 180 calendar days shall be governed by the applicable Federal and State law. Section D. VACATION LEAVE During the term of this agreement, both parties agree to meet and discuss on the issue of eliminating the vacation and sick leave accrual banks and creating a single leave bank of Paid Time Off. 1. Every full-time employee represented by this agreement, with the exception of temporary appointments shall accumulate vacation with pay beginning with the first full pay period of employment as follows: Years of Service Accrual Rate Hours in a Year Accrued Max Accrual 0-4 years 3.07 hours 80 Hours 200.00 5-9 years 4.61 hours 120 Hours 300.04 10-14 years 5.23 hours 136 Hours 340.02 15+ years 6.15 hours 160 Hours 400.01 Accumulated vacation shall be granted at the discretion of the appointing power. 2. Once an employee has accumulated at the maximum accrual amount as shown in the table above, no more vacation will be accrued by the employee until the employee's accrual has been reduced below this maximum amount. When through work circumstances and needs of the job, an employee has been unable to utilize vacation time and this has not been a pattern or past practice for that employee, the City Manager for good cause may approve excess accumulated vacation, provided the employee reduces the total below the allowable maximum within 6 months. 3. An employee who has previously requested and was granted approval of vacation leave for use during the last 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 3 months of the new calendar year, if rescheduling of the vacation leave is not possible. 25 APWEA MOU 2021 - 2024 4. Upon termination, vacation used shall be prorated against vacation earned. Every City employee who leaves the City employ for any reason shall be granted all accumulated vacation or shall be paid therefore at his rate of compensation applicable at the time he leaves the City employ. If an employee works 50% of the pay period, the employee shall receive credit for that pay period’s vacation accrual. If an employee works less than 50% of the pay period, the employee accrues nothing. 5. Employees may elect to sell back vacation during a calendar year equal to the amount of vacation taken during the year, by the date of the request, not to exceed a maximum of 80 hours in the calendar year. Section E. SICK LEAVE During the term of this agreement, both parties agree to meet and discuss on the issue of eliminating the vacation and sick leave accrual banks and creating a single leave bank of Paid Time Off. 1. Every full-time employee represented by this agreement shall be granted sick leave with full pay. Said sick leave shall be accumulated beginning with the first full pay period of employment on the basis of 3.693 hours for each pay period of service completed with the City 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 2,000 hours of sick leave with pay. For the purposes of overtime calculation, paid sick leave shall be regarded as hours worked. 2. If paid sick leave is taken for the diagnosis, care, or treatment of an existing health condition of, or preventative care of 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 workday, of paid sick leave in a year of employment if the medical examination is job related and consistent with business necessity. For leave pertaining to an employee who is victim of domestic violence, sexual assault, or stalking, the City Manager or designee may request 26 APWEA MOU 2021 - 2024 certification of unscheduled absences as described in Labor Code sections 230(c) or 230.1 (a). 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 one of the following: a. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee b. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee’s family member, which 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 c. 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 reasonable effort to schedule medical appointments during non-working hours. 4. Employees that are injured on duty, and the injury is recognized as such by the City or the WCAB, and not eligible to receive salary to supplement workers' compensation temporary disability benefits under Section F of this Article, may request that accrued sick leave be paid to supplement workers' compensation disability payments. 5. Kin Care Leave: In addition to the prescribed purposes of paid sick leave in Section E. 3, and employee may use up to ½ of their annual accrued 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. For the purposes of Kin Care Leave, family members 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 stand loco parentis regardless of the age or dependency), spouse, or registered domestic partner. 6. In case of absence due to illness, if the paid sick leave is foreseeable, the employee shall notify his department within reasonable advance notice. If the paid sick leave in unforeseeable, the employee shall 27 APWEA MOU 2021 - 2024 provide notice of the need for the leave as soon as possible. The minimum increment of use of paid sick leave shall be 30 minutes. 7. The appointing power and City Manager may discipline an employee if sick leave is used for an inappropriate purpose. 8. If an employee separates from employment with the City and is rehired within 1 year from separation, up to 48 hours or 6 days, whichever is greater depending on the employee’s regular scheduled workday, of accrued and unused sick leave will be reinstated. 9. 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: 0-9 hours: No accrual 30 to 39 hours: 1 hour 40 hours and above: 3.693 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. Section F. WORKERS’ COMPENSATION In those instances where an employee of the City of Arcadia is injured on duty and the injury is so recognized by the Workers' Compensation Act by the City of Arcadia or the Workers' Compensation Appeals Board, such employee may be paid a combination of salary and Workers' Compensation equal to his regular salary rate for such time as he is absent from duty because of such injury. Such payment shall be granted only to employees with three or more full years of continuous service with the City as well as to those who have completed their initial probation with the City as of June 14, 1999. The leave shall be for up to a maximum of ten months from and after date of such injury. Lost time due to an injury on duty shall not be charged against an employee's accumulated sick leave. Section G. HOLIDAYS 1. Each employee in a classification represented by this MOU shall be allowed the following holidays with pay: New Year's Day January 1 Martin Luther King, Jr. Day Third Monday in January President's Day The third Monday in February 28 APWEA MOU 2021 - 2024 Memorial Day The last Monday in May Independence Day July 4 Labor Day The first Monday in September Admission Day September 9 Veteran's Day November 11 Thanksgiving Day The fourth Thursday in November Day after Thanksgiving Day The Friday following the fourth Thursday in November Christmas Eve December 24 (4 hours) Christmas Day December 25 New Year’s Eve December 31 (4 hours) Every day appointed by the City Council for a public fast, thanksgiving or holiday. For full-time employees assigned to an alternate work week, and scheduled to work 9 or more hours, but for the holiday would have been scheduled to work 9 or more hours, the employee will receive Holiday pay for the actual number of regularly scheduled working hours for that designated Holiday. 2. Full-time employees shall receive an 8 hour floating holiday for their birthday to be scheduled by the employee in the same manner as vacation leave. Floating holiday 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. 3. If the employee uses floating holiday leave and separates from City employment before the date upon which the floating holiday is based 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 (Employee’s birthday). 4. As an example, an employee hired on July 15, whose birthday is August 5, would receive a floating holiday for his birthday for that fiscal year. However, if that same employee was hired on March 15, the employee would not receive any floating holiday benefit for that fiscal year. 5. If a holiday falls on a day that City operations are closed, each employee will receive 8 hours of floating holiday time. Floating holiday time is not accruable and not payable if unused. The floating holiday must be used by the end of the fiscal year in which it is granted, or it shall be forfeited. 29 APWEA MOU 2021 - 2024 6. An employee required to work or attend a class or function on any holiday allowed to them by this Section shall be paid for the holiday, and in addition, they shall be compensated in accordance with FLSA’s applicable overtime rules in calculating regular rate of pay. The regular rate of pay calculation includes Longevity Pay. 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 only compensate jury service up to 80 hours per year. 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 2 hours prior to the end of the normal work schedule, an employee shall report as soon as practical to full duty. Section I. WITNESS LEAVE An employee who is subpoenaed or required to appear in Court as a witness shall be deemed to be on a leave of absence. With approval of the appointing power and City Manager, the employee may be granted leave with pay during the required absence. The employee shall remit to the City fees received except mileage. A paid leave of absence shall not be granted for time spent in Court on personal cases. Section J. BEREAVEMENT LEAVE At the time of death, or where death appears imminent in the immediate family, an employee may be granted a leave of absence with pay, upon approval of the appointing power and the City Manager. Immediate family is defined as the spouse/registered domestic partner, the employee or employee's spouse's mother or stepmother, father or stepfather, brother or sister or step sibling, child or stepchild, grandparents, grandchildren, or any relative of the employee or employee's spouse residing in the same household. Such leave shall be granted based on employee’s current work shift up to a maximum of 3 shifts; provided, however, if the employee is required to travel more than 300 miles from his or her residence, the employee may take an additional 2 days which will be charged to accrued sick leave. Section K. UNAUTHORIZED ABSENCE Unauthorized leaves of absence are cause for immediate dismissal. 30 APWEA MOU 2021 - 2024 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. When a provisional appointment is made to a probationary position and subsequently the appointee is appointed to the position as a probationary employee, with no time interval between the provisional and probationary appointment, the "employment date" as herein defined, shall be the date first appointed on a provisional basis. Section B. All eligible candidates appointed to a position from an open competitive examination and who are not currently employed in a permanent position shall be on probation for twelve months before attaining permanent status. Section C. Eligible candidates appointed from a promotional list shall be on probation for six months before attaining permanent status. ARTICLE XVIII ACTING PAY Section A. ACTING PAY Any employee in the unit who is required, in writing, to work 3 working days or longer in a higher classification which is vacant due to sick leave, injury leave, vacation, termination or move up due to acting pay shall receive the following acting pay retroactive to the first day of the assignment: 1. A 5% above their current rate of pay or A step of the higher classification; or 2. An employee in the classification of Maintenance Worker assigned to an acting position of Crew Supervisor in the following: Building Maintenance, Fleet Maintenance, Maintenance, Water Maintenance, Water Production, and/or Water Services Representative shall receive 10% above their current rate of pay; or 3. Should such percentage exceed the top step of the range for the higher classification, the employee shall receive compensation at the top step of the higher classification. 31 APWEA MOU 2021 - 2024 32 APWEA MOU 2021 - 2024 Section B. EXCEPTION Nothing contained herein shall apply to an employee who is being trained by the City to qualify for a higher classification. ARTICLE XIX LAYOFFS Section A. LAYOFF PROCEDURE The City Manager or appointing power may lay off an employee in the Classified Service because of a material change in duties or organization, inclement weather, adverse working conditions, shortage of work or funds or return of employees from authorized leave of absence. The order of layoff shall be temporary, probationary, and then regular employees and shall be (1) based on performance and (2) the total cumulative time served in the same class or promotional field, from least to greatest, upon the date established for the layoff to become effective. For the purposes of layoffs, seniority will only be disregarded if an employee’s overall performance evaluation rating in any one of the last three years is below proficient. In such case, the layoff shall be based upon performance. Regular full-time employees who receive notice of layoff may, in lieu of layoff, voluntarily demote to the next lower classification that the employee previously held within the unit, provided such employee's seniority in the department is greater than an employee holding the lower position. Section B. RE-EMPLOYMENT LIST The names of employees shall be placed upon reemployment lists in the reverse order of the layoff. Re-employment lists shall remain effective for 2 years from the effective date of separation from service. Section C. SEVERANCE PAY A full-time employee whose position is abolished or vacated by a reduction in workload or lack of funds and has at least 1 year of consecutive full-time service with the City shall receive, upon termination, severance pay. Severance pay shall be a lump sum payment equal to 1/5th of their previous months' salary times the number of years of consecutive service, not exceeding 5 years of service. 33 APWEA MOU 2021 - 2024 ARTICLE XX PERSONNEL FILES Section A. PERSONNEL FILES The City shall maintain a central personnel file for each employee. Supervisors may maintain working personnel files. If a supervisor maintains a working personnel file, copies of written material which is to be used as a basis for employee discipline shall be sent to the central personnel file and given to the employee. Copies of performance evaluations and/or disciplinary actions shall not be entered in the file, until the employee is given a copy and an opportunity to review and comment thereon. The employee shall be given an opportunity during working hours to initial, date, and file a written response to the material. The written response shall be attached to the material. An employee or their designated representative shall request in writing, and shall have the right to examine and/or obtain copies of any material from the employee's personnel file. Such copies shall be provided at the employee's cost. Section B. PROMOTIONAL RECUITMENTS Discipline older than 3 years will not be considered in promotional recruitments. Section C. WRITTEN REPRIMAND REVIEW The Human Resources Administrator or designee agrees to conduct an informal meeting with members who receive a written reprimand and wish to discuss said reprimand. ARTICLE XXI EMPLOYEE GRIEVANCES Section A. DEFINITIONS 1. Grievance – A grievance is an allegation by an employee(s) of a misinterpretation or misapplication of any express provision of the applicable Memorandum of Understanding or City and/or Department Personnel Rules and Regulations where there is no other specific method of review provided by City law. 34 APWEA MOU 2021 - 2024 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. Workday – A workday is any day the City offices are regularly open for business. 5. Exclusions from the Grievance Procedure: a. The procedure is not to be used for the purpose of changing wages, hours and working conditions. Allegations involving wages, hours and working conditions may thus be grieved only if the grievance involves a misapplication or misinterpretation of an express provision of the MOU or a City/Department Personnel Rules and Regulations. b. The procedure is not intended to be used to challenge the content of employee evaluations or performance reviews. Allegations that the City has failed to comply with an evaluation procedure set forth in a specific provision of the MOU and/or City/Department Personnel Rules and Regulations are grievable. c. The procedure is not intended to be used to challenge a reclassification, layoff, transfer, denial of reinstatement, or denial of a step or merit increase. Notwithstanding the above, if the process used to reach the foregoing decisions is not in compliance with an express provision of the MOU and/or City/Department Personnel Rules and Regulations, a grievance may be filed. d. The procedure is not intended to be used in cases of oral or written reprimand, demotion, suspension, removal or other disciplinary action. Appeals of disciplinary actions are covered by the City’s Personnel Rules and Regulations. e. The procedure is not to be used to challenge examinations or appointment to positions. Notwithstanding the above, if the process used to reach the foregoing decisions is not in compliance with an express provision of the MOU and/or City/Department Personnel Rules and Regulations, a grievance may be filed. Section B. TIMELINESS The grievance must be filed by the employee within the timelines set forth herein. Failure of the employee to file the initial grievance or process the grievance from one level to another in a timely manner is a forfeiture of the grievance and the grievance will not be processed further. If the City fails to respond in a timely manner, the employee may proceed to the next level. 35 APWEA MOU 2021 - 2024 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 15 working days following the event, or within 15 working days after the employee should reasonably have known of the event, the employee should attempt to resolve the grievance on an informal basis by discussion with his or her immediate supervisor. Section E. FORMAL GRIEVANCE PROCEDURE 1. First Level of Review: Next Level Supervisor. If the employee is not able to resolve the grievance after discussion with his or her immediate supervisor, within 10 working days after the informal discussion with the immediate supervisor, the employee shall present the grievance in writing to the next level supervisor on the official City grievance form setting forth the following information: a. The specific section of the rules or MOU allegedly violated. b. The specific act or omission which gave rise to the alleged violation. c. The date or dates on which the violation occurred. d. Documents, witnesses or evidence in support of the grievance. e. The resolution of the grievance at the informal stage. A copy of the grievance shall be provided to the Human Resources Division of the Administrative Services Department concurrently with presentation to the immediate supervisor. The next level supervisor shall render a decision in writing, on the grievance form, within 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 10 working days after receiving the next level supervisor’s decision or 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 10 working days of receiving 36 APWEA MOU 2021 - 2024 the grievance or within 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 10 working days after receiving the department head’s decision or 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 10 working days of receiving the grievance or the holding of a grievance meeting whichever is longer. 4. Human Resources Commission. If the employee is not in agreement with the decision of the Human Resources Administrator or if the Human Resources Administrator has failed to respond, the employee shall present the grievance to the Human Resources Commission within 10 working days from the date of receipt of the Human Resources Administrator’s decision or 20 days from the date the Human Resources Administrator received the grievance but failed to issue a decision. Section F. APPEAL TO HUMAN RESOURCES COMMISSION 1. Scheduling of Hearing: Upon receipt of the request for an appeal, the City shall, within 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 20 working days nor more than 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 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 37 APWEA MOU 2021 - 2024 Services Department will serve subpoenas for current City employees. It will be the responsibility of the employee or the City to serve subpoenas on individuals who are not currently employed by the City. It will be the responsibility of the employee and the City to submit the written request for subpoenas at least 10 working days before the date of the hearing. b. Exhibits and Witness Lists: 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 9 copies of the exhibits shall be presented to the Human Resources Division of the Administrative Services Department in 3-hole notebooks which are tabbed down the side with the exhibit numbers. The employer’s exhibits shall be designated by number. The employee’s exhibits shall be designated by alphabetical letter. Neither party will be permitted to call during the hearing, a witness not identified pursuant to this section nor use any exhibit not provided pursuant to this section unless that party can show that they could not reasonably have anticipated the prior need for such witness or such exhibit. c. Statement of Issues: 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: 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. 38 APWEA MOU 2021 - 2024 b. Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. c. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence that shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. d. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. e. Irrelevant and unduly repetitious evidence may be excluded. f. The Human Resources Commission shall determine relevancy, weight and credibility of testimony and evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. g. During examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party. h. The Human Resources Commission may conduct the hearing or delegate evidentiary and/or procedural rulings to its legal counsel. 7. Burden of Proof. In a grievance appeal the grievant has the burden of proof by preponderance of the evidence. 8. Proceed with Hearing or Request for Continuance: Each side should be asked if it is ready to proceed. If either side is not ready and wishes a continuance, good cause must be stated. Any request for a continuance must be made in writing and submitted prior to the hearing to all parties. Before requesting a continuance, the moving party shall contact all parties to determine if there is any opposition to the continuance and shall state in its request if there is opposition. 9. Testimony under Oath: All witnesses shall be sworn in for the record prior to offering testimony at the hearing. The chairperson will request the witnesses to raise their right hand and respond to the following: “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. 39 APWEA MOU 2021 - 2024 b. The grievant (employee) shall be permitted to make an opening statement. c. The respondent (City) shall be permitted to make an opening statement, or reserve an opening statement until presentation of its case. d. The grievant shall produce his/her evidence. e. The respondent may then offer its evidence. f. The grievant followed by the respondent may offer rebutting evidence. g. Closing arguments shall be permitted at the discretion of the Human Resources Commission. The party with the burden of proof shall have the right to go first and to close the hearing by making the last argument. The Commission may place a time limit on closing arguments. The Commission or the parties may request the submission of written briefs. After the request for submittal of written briefs, the Commission will determine whether to allow the parties to submit written briefs and determine the number of pages of said briefs. 11. Procedure for the Parties: The party representing the department and the party representing the employee will address their remarks, including objections, to the Chair of the Human Resources Commission. Objections may be ruled upon summarily or argument may be permitted. The Chair reserves the right to terminate argument at any time and issue a ruling regarding an objection or any other matter, and thereafter the representatives shall continue with the presentation of their case. 12. Right to Control Proceedings: While the parties are generally free to present their case in the order that they prefer, the Chair reserves the right to control the proceedings, including, but not limited to, altering the order of witnesses, limiting redundant or irrelevant testimony, or by the direct questioning of witnesses. 13. Hearing Demeanor and Behavior: All parties and their attorneys or representatives shall not, by written submission or oral presentation, disparage the intelligence, ethics, morals, integrity or personal behavior of their adversaries or members of the Commission. 14. Deliberation Upon the Case: The Commission will consider all oral and documentary evidence, the credibility of witnesses, and other appropriate factors in reaching their decision. The Commission may deliberate at the close of the hearing in closed session or at a later fixed date and time not to exceed 10 working days. 15. Recommended Decision: The Human Resources Commission shall render its recommendations as soon after the conclusion of the hearing 40 APWEA MOU 2021 - 2024 as possible, and no event, later than 10 working days after concluding the hearing, unless otherwise stipulated to by the parties. The recommended decision shall include an explanation of the basis for the decision. The Human Resources Commission shall not be polled as to their decision by the grievant or the grievant’s counsel. 16. Recommendation to the City Manager: The decision of the Human Resources Commission is advisory to the City Manager. The proposed decision shall be provided to the grievant and the City Manager. Either the employee or the department may file a written appeal to the proposed decision, by filing exceptions thereto with the Human Resources Administrator within 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 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 10 working days of the filing of exceptions, or within 10 days of receipt of the transcript, the City Manager shall review the decision of the Commission, any exceptions filed, and a record, if one is requested. The decision of the City Manager shall be final. The decision shall be transmitted to the employee and to the department head. ARTICLE XXII LABOR - MANAGEMENT COMMITTEE The City and the Association hereby agree to the establishment of an ad hoc committee to discuss employer-employee relation matters. Each side may designate up to 2 Public Works Services Department representatives to serve on the committee. For purpose of coordination only, the Human Resources Administrator shall be chairman of the committee. The committee shall meet quarterly as necessary, at a mutually agreed upon time and place. The party requesting the meeting shall submit an agenda of topics to be discussed no less than 5 days prior to the scheduled meeting date. 41 APWEA MOU 2021 - 2024 ARTICLE XXIII STAND-BY/CALL BACK POLICY The Public Works Services Department maintains a designated stand-by list of personnel to respond to emergency calls after normal working hours. The stand-by list will be updated and distributed monthly to designated personnel and to appropriate City departments. Section A. SCHEDULE Employees who are assigned to stand-by duty shall be given the opportunity to review the upcoming Monthly Stand-by Duty Schedule prior to the last day of the month in order to be able to schedule time-off prior to the distribution of the schedule. Any change after the publication of the Monthly Stand-By Duty Schedule will require authorization by the employee’s Superintendent. Employees assigned to stand-by will not be allowed to take scheduled time off or be assigned to work special events that may conflict with their stand- by responsibilities. Any stand-by employee who becomes ill or has an emergency preventing them from carrying out the stand-by duties shall be responsible to immediately notify their appropriate Superintendent and the manager on call to arrange for a back-up stand-by person. The Superintendent and the manager on call must be notified before the stand-by employee returns to stand-by duty. Section B. ELIGIBILITY REQUIREMENTS Stand-by assignments shall be made at the discretion of Management and are not guaranteed regardless of eligibility. The following classifications shall be eligible to be assigned to Stand-by Duty: 1. Water Production: Crew Supervisor, Production Tech I/II, Equipment Operator, or Maintenance Worker a. Must have a working knowledge of the SCADA system. b. Possess a California Department of Public Health T2 Certification. 2. Water Distribution & Sewer: Crew Supervisor, Equipment Operator, or Maintenance Worker a. Possess a California Department of Public Health D2 Certification. 42 APWEA MOU 2021 - 2024 b. Possess a valid California Class “A” Driver’s License. 3. Streets & Facilities: Crew Supervisor, Equipment Operator, Building Technician, or Maintenance Worker a. Possess a valid California Class “A” Driver’s License. 4. Fleet Maintenance: Crew Supervisor, Fleet Welder, or Fleet Mechanic I/II Each employee assigned to stand-by duty must be available 24 hours a day. Each employee assigned to stand-by duty must have the ability to arrive at the scene of the incident in the City of Arcadia within 30 minutes of receiving the request to respond. Employees assigned to this duty must have received a “Proficient” overall rating on their most recent Employee Performance Evaluation. Probationary and Part-time employees are not eligible for stand-by duty. Section C. COMPENSATION 1. Fleet Services: A stand-by assignment list shall be maintained only for weekends and holidays. Each fleet services employee assigned to stand-by duty is to serve after normal working hours for designated weekends and holidays. The employee shall receive 6 hours of straight time pay as compensation for serving one weekend of stand-by duty. Employees will receive 3 additional hours of straight time pay for stand-by duty on a week with an off Friday, except for a Friday that falls on a City recognized holiday. In addition, the employee shall receive 4 hours of straight time pay for serving stand-by duty on a City recognized holiday. Should the employee be called out while on stand-by duty, the employee will be compensated I pay at time-and-one-half for overtime hours worked (2 hours minimum). All other rules and policies regarding stand-by duty shall be applicable. 2. All Other Divisions: Each employee assigned to stand-by duty is to serve after normal working hours for a one-week (7 day) period. Each employee shall receive 1.5 hours of straight time base pay per weekday the employee is serving on standby, 3 hours of straight time base pay for every 43 APWEA MOU 2021 - 2024 weekend and regular day off, and 4 hours of straight time base pay for Holidays. In addition to the regular pay that the employee receives as mentioned above, each employee shall receive overtime pay as prescribed in Section VII of this MOU. An employee will be paid a minimum of 2 hours overtime when requested to respond to the City. Additionally, if the stand-by employee receives another call while in the City before the minimum 2 hours has expired, then that still counts as one call out. However, if the stand-by person is at home and receives another call out, then that shall count as an additional 2 hours minimum. Section D. RESPONSIBILITIES Employees who are on stand-by are expected to observe the following standards. Failure to follow these standards may result in the temporary or permanent removal from stand-by duty. 1. Abide by all City policies. 2. Be able to physically respond to the City of Arcadia within 30 minutes of receiving a call during all off-work periods while on stand-by duty. 3. Ensure that their stand-by vehicle is fully equipped to meet all needs. 4. Sign-on/off use of the truck and its inventory. 5. When between home and work in a private vehicle, employees are to respond directly to the Service Center and use a back-up vehicle to respond to the call. 6. When responding from home, be able to respond directly to the scene of the incident. 7. Employees shall only drive City vehicles to and from work and for City emergencies. 8. Wear work shoes, uniform shirts and trousers or shorts, when responding to a call. 9. Carry their City Employee Identification card at all times. 10. Have map, keys, call-out list, and City provided cellular phone with them at all times. 11. Keep city issued cellphone on and with the employee at all times- even while at home. 12. Respond to the party within 5 minutes of the call (e.g. Police Dispatch, Fire Dispatch, Office Personnel). 13. Know the proper operating and safety procedures for the operation of specialized equipment related to their duty responsibilities. 14. At the beginning of each regular work shift, inform their superintendent of all activities while on stand-by duty. 44 APWEA MOU 2021 - 2024 ARTICLE XXIV FULL UNDERSTANDING Section A. This Memorandum of Understanding contains all the covenants, stipulations and provisions agreed upon by the parties and any other prior existing understanding or Agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. It is the intent of the parties that this Agreement be administered in its entirety in good faith during its full term. The Association recognizes that during such term it may be necessary for Management to make changes in rules or procedures affecting the employees in the unit and that the City will meet and confer as required by law, before implementing changes. For the life of this agreement it is agreed and understood that the Association hereto voluntarily and unqualifiedly waives its rights and agrees that the City shall not be required to meet and confer with respect to any subject or matter whether referred to or covered in this Agreement or not during the term of this Agreement. However, the specific provisions of this contract may not be reopened during the term of this contract without the consent of the City and the Association. Section B. The parties hereto have caused the Memorandum of Understanding to be executed this ___ day of ___________, 2021. ARCADIA PUBLIC WORKS EMPLOYEES ASSOCIATION Marcos Garcia APWEA President CITY OF ARCADIA Dominic Lazzaretto City Manager 45 APWEA MOU 2021 - 2024 2021-2024 NEGOTIATION TEAMS APWEA Jerry Moeller, Team Member Anthony Pulido, Team Member James Cimino, Team Member Marcos Garcia, APWEA President City of Arcadia Jason Kruckeberg, Assistant City Manager/ Development Services Director Hue Quach, Administrative Services Director Shama Curian, Human Resources Administrator Cecilia Todd, Senior Human Resources Analyst Range Number Title Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J 46P Maintenance Worker 3,738$ 3,829$ 3,924$ 4,025$ 4,125$ 4,228$ 4,334$ 4,440$ 4,553$ 4,665$ 47P 3,829$ 3,924$ 4,025$ 4,125$ 4,228$ 4,334$ 4,440$ 4,553$ 4,665$ 4,783$ 48P 3,924$ 4,025$ 4,125$ 4,228$ 4,334$ 4,440$ 4,553$ 4,665$ 4,783$ 4,903$ 49P 4,025$ 4,125$ 4,228$ 4,334$ 4,440$ 4,553$ 4,665$ 4,783$ 4,903$ 5,025$ 50P Fleet Technician I 4,125$ 4,228$ 4,334$ 4,440$ 4,553$ 4,665$ 4,783$ 4,903$ 5,025$ 5,151$ 51P 4,228$ 4,334$ 4,440$ 4,553$ 4,665$ 4,783$ 4,903$ 5,025$ 5,151$ 5,276$ 52P Water Production Technician I 4,334$ 4,440$ 4,553$ 4,665$ 4,783$ 4,903$ 5,025$ 5,151$ 5,276$ 5,411$ 53P Equipment Operator Building Maintenance Technician Storekeeper/Buyer 4,440$ 4,553$ 4,665$ 4,783$ 4,903$ 5,025$ 5,151$ 5,276$ 5,411$ 5,544$ 54P Fleet Technician II 4,553$ 4,665$ 4,783$ 4,903$ 5,025$ 5,151$ 5,276$ 5,411$ 5,544$ 5,682$ 55P 4,665$ 4,783$ 4,903$ 5,025$ 5,151$ 5,276$ 5,411$ 5,544$ 5,682$ 5,827$ 56P Fleet Technician/Welder Traffic Signal/Street Light Technician Water Production Technician II 4,783$ 4,903$ 5,025$ 5,151$ 5,276$ 5,411$ 5,544$ 5,682$ 5,827$ 5,971$ 57P 4,903$ 5,025$ 5,151$ 5,276$ 5,411$ 5,544$ 5,682$ 5,827$ 5,971$ 6,119$ 58P 5,025$ 5,151$ 5,276$ 5,411$ 5,544$ 5,682$ 5,827$ 5,971$ 6,119$ 6,272$ 59P Streets Maintenance Crew Supervisor Building Maintenance Crew Supervisor 5,151$ 5,276$ 5,411$ 5,544$ 5,682$ 5,827$ 5,971$ 6,119$ 6,272$ 6,429$ 60P 5,276$ 5,411$ 5,544$ 5,682$ 5,827$ 5,971$ 6,119$ 6,272$ 6,429$ 6,590$ 61P 5,411$ 5,544$ 5,682$ 5,827$ 5,971$ 6,119$ 6,272$ 6,429$ 6,590$ 6,755$ 62P Utilities Crew Supervisor Water Production Crew Supervisor 5,544$ 5,682$ 5,827$ 5,971$ 6,119$ 6,272$ 6,429$ 6,590$ 6,755$ 6,927$ 63P Fleet Maintenance Crew Supervisor 5,682$ 5,827$ 5,971$ 6,119$ 6,272$ 6,429$ 6,590$ 6,755$ 6,927$ 7,098$ 64P 5,827$ 5,971$ 6,119$ 6,272$ 6,429$ 6,590$ 6,755$ 6,927$ 7,098$ 7,275$ 65P 5,971$ 6,119$ 6,272$ 6,429$ 6,590$ 6,755$ 6,927$ 7,098$ 7,275$ 7,458$ 66P Water Quality Backflow Inspector 6,119$ 6,272$ 6,429$ 6,590$ 6,755$ 6,927$ 7,098$ 7,275$ 7,458$ 7,642$ EXHIBIT A CITY OF ARCADIA MONTHLY SALARY RANGE JULY 1, 2021 - JUNE 30, 2022 APWEA - 3.0% COLA Range Number Title Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J 46P Maintenance Worker 3,850$ 3,944$ 4,042$ 4,146$ 4,248$ 4,354$ 4,464$ 4,573$ 4,690$ 4,805$ 47P 3,944$ 4,042$ 4,146$ 4,248$ 4,354$ 4,464$ 4,573$ 4,690$ 4,805$ 4,927$ 48P 4,042$ 4,146$ 4,248$ 4,354$ 4,464$ 4,573$ 4,690$ 4,805$ 4,927$ 5,050$ 49P 4,146$ 4,248$ 4,354$ 4,464$ 4,573$ 4,690$ 4,805$ 4,927$ 5,050$ 5,176$ 50P Fleet Technician I 4,248$ 4,354$ 4,464$ 4,573$ 4,690$ 4,805$ 4,927$ 5,050$ 5,176$ 5,306$ 51P 4,354$ 4,464$ 4,573$ 4,690$ 4,805$ 4,927$ 5,050$ 5,176$ 5,306$ 5,434$ 52P Water Production Technician I 4,464$ 4,573$ 4,690$ 4,805$ 4,927$ 5,050$ 5,176$ 5,306$ 5,434$ 5,573$ 53P Equipment Operator Building Maintenance Technician Storekeeper/Buyer 4,573$ 4,690$ 4,805$ 4,927$ 5,050$ 5,176$ 5,306$ 5,434$ 5,573$ 5,710$ 54P Fleet Technician II 4,690$ 4,805$ 4,927$ 5,050$ 5,176$ 5,306$ 5,434$ 5,573$ 5,710$ 5,852$ 55P 4,805$ 4,927$ 5,050$ 5,176$ 5,306$ 5,434$ 5,573$ 5,710$ 5,852$ 6,001$ 56P Fleet Technician/Welder Traffic Signal/Street Light Technician Water Production Technician II 4,927$ 5,050$ 5,176$ 5,306$ 5,434$ 5,573$ 5,710$ 5,852$ 6,001$ 6,150$ 57P 5,050$ 5,176$ 5,306$ 5,434$ 5,573$ 5,710$ 5,852$ 6,001$ 6,150$ 6,302$ 58P 5,176$ 5,306$ 5,434$ 5,573$ 5,710$ 5,852$ 6,001$ 6,150$ 6,302$ 6,460$ 59P Streets Maintenance Crew Supervisor Building Maintenance Crew Supervisor 5,306$ 5,434$ 5,573$ 5,710$ 5,852$ 6,001$ 6,150$ 6,302$ 6,460$ 6,621$ 60P 5,434$ 5,573$ 5,710$ 5,852$ 6,001$ 6,150$ 6,302$ 6,460$ 6,621$ 6,788$ 61P 5,573$ 5,710$ 5,852$ 6,001$ 6,150$ 6,302$ 6,460$ 6,621$ 6,788$ 6,958$ 62P Utilities Crew Supervisor Water Production Crew Supervisor 5,710$ 5,852$ 6,001$ 6,150$ 6,302$ 6,460$ 6,621$ 6,788$ 6,958$ 7,134$ 63P Fleet Maintenance Crew Supervisor 5,852$ 6,001$ 6,150$ 6,302$ 6,460$ 6,621$ 6,788$ 6,958$ 7,134$ 7,311$ 64P 6,001$ 6,150$ 6,302$ 6,460$ 6,621$ 6,788$ 6,958$ 7,134$ 7,311$ 7,494$ 65P 6,150$ 6,302$ 6,460$ 6,621$ 6,788$ 6,958$ 7,134$ 7,311$ 7,494$ 7,682$ 66P Water Quality Backflow Inspector 6,302$ 6,460$ 6,621$ 6,788$ 6,958$ 7,134$ 7,311$ 7,494$ 7,682$ 7,871$ EXHIBIT A CITY OF ARCADIA MONTHLY SALARY RANGE JULY 1, 2022 - JUNE 30, 2023 APWEA - 3.0% COLA Range Number Title Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J 46P Maintenance Worker 4,004$ 4,102$ 4,203$ 4,311$ 4,418$ 4,529$ 4,642$ 4,756$ 4,878$ 4,997$ 47P 4,102$ 4,203$ 4,311$ 4,418$ 4,529$ 4,642$ 4,756$ 4,878$ 4,997$ 5,124$ 48P 4,203$ 4,311$ 4,418$ 4,529$ 4,642$ 4,756$ 4,878$ 4,997$ 5,124$ 5,252$ 49P 4,311$ 4,418$ 4,529$ 4,642$ 4,756$ 4,878$ 4,997$ 5,124$ 5,252$ 5,383$ 50P Fleet Technician I 4,418$ 4,529$ 4,642$ 4,756$ 4,878$ 4,997$ 5,124$ 5,252$ 5,383$ 5,518$ 51P 4,529$ 4,642$ 4,756$ 4,878$ 4,997$ 5,124$ 5,252$ 5,383$ 5,518$ 5,652$ 52P Water Production Technician I 4,642$ 4,756$ 4,878$ 4,997$ 5,124$ 5,252$ 5,383$ 5,518$ 5,652$ 5,796$ 53P Equipment Operator Building Maintenance Technician Storekeeper/Buyer 4,756$ 4,878$ 4,997$ 5,124$ 5,252$ 5,383$ 5,518$ 5,652$ 5,796$ 5,939$ 54P Fleet Technician II 4,878$ 4,997$ 5,124$ 5,252$ 5,383$ 5,518$ 5,652$ 5,796$ 5,939$ 6,086$ 55P 4,997$ 5,124$ 5,252$ 5,383$ 5,518$ 5,652$ 5,796$ 5,939$ 6,086$ 6,241$ 56P Fleet Technician/Welder Traffic Signal/Street Light Technician Water Production Technician II 5,124$ 5,252$ 5,383$ 5,518$ 5,652$ 5,796$ 5,939$ 6,086$ 6,241$ 6,396$ 57P 5,252$ 5,383$ 5,518$ 5,652$ 5,796$ 5,939$ 6,086$ 6,241$ 6,396$ 6,554$ 58P 5,383$ 5,518$ 5,652$ 5,796$ 5,939$ 6,086$ 6,241$ 6,396$ 6,554$ 6,719$ 59P Streets Maintenance Crew Supervisor Building Maintenance Crew Supervisor 5,518$ 5,652$ 5,796$ 5,939$ 6,086$ 6,241$ 6,396$ 6,554$ 6,719$ 6,886$ 60P 5,652$ 5,796$ 5,939$ 6,086$ 6,241$ 6,396$ 6,554$ 6,719$ 6,886$ 7,060$ 61P 5,796$ 5,939$ 6,086$ 6,241$ 6,396$ 6,554$ 6,719$ 6,886$ 7,060$ 7,236$ 62P Utilities Crew Supervisor Water Production Crew Supervisor 5,939$ 6,086$ 6,241$ 6,396$ 6,554$ 6,719$ 6,886$ 7,060$ 7,236$ 7,420$ 63P Fleet Maintenance Crew Supervisor 6,086$ 6,241$ 6,396$ 6,554$ 6,719$ 6,886$ 7,060$ 7,236$ 7,420$ 7,603$ 64P 6,241$ 6,396$ 6,554$ 6,719$ 6,886$ 7,060$ 7,236$ 7,420$ 7,603$ 7,793$ 65P 6,396$ 6,554$ 6,719$ 6,886$ 7,060$ 7,236$ 7,420$ 7,603$ 7,793$ 7,989$ 66P Water Quality Backflow Inspector 6,554$ 6,719$ 6,886$ 7,060$ 7,236$ 7,420$ 7,603$ 7,793$ 7,989$ 8,186$ EXHIBIT A CITY OF ARCADIA MONTHLY SALARY RANGE JULY 1, 2023 - JUNE 30, 2024 APWEA - 4.0% COLA