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HomeMy WebLinkAboutItem 10d - Memorandums of Understanding with ACEA and AFFADATE: September 17, 2024 TO: Honorable Mayor and City Council FROM: Dominic Lazzaretto, City Manager Jason Kruckeberg, Assistant City Manager/Development Services Director Henry Chen, Interim Administrative Services Director Anely Williams, Interim Human Resources Director SUBJECT: RESOLUTIONS APPROVING MEMORANDUMS OF UNDERSTANDING ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR REPRESENTED EMPLOYEE GROUPS, AND AMENDING THE FISCAL YEAR 2024-25 GENERAL FUND OPERATING BUDGET AUTHORIZING A BUDGET APPROPRIATION FOR COSTS ASSOCIATED WITH THE ADOPTION OF THE MEMORANDUMS OF UNDERSTANDING. RESOLUTION NO. 7594 APPROVING A MEMORANDUM OF UNDERSTANDING ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR EMPLOYEES REPRESENTED BY THE ARCADIA CITY EMPLOYEES’ ASSOCIATION (“ACEA”) FOR JULY 1, 2024, THROUGH JUNE 30, 2027 CEQA: Not a Project Recommendation: Adopt RESOLUTION NO. 7597 APPROVING A MEMORANDUM OF UNDERSTANDING ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR EMPLOYEES REPRESENTED BY THE ARCADIA FIRE FIGHTERS’ ASSOCIATION (“AFFA”) FOR JULY 1, 2024, THROUGH JUNE 30, 2027 CEQA: Not a Project Recommendation: Adopt RESOLUTION NO. 7595 AMENDING THE FISCAL YEAR 2024-25 GENERAL FUND OPERATING BUDGET AUTHORIZING A BUDGET APPROPRIATION IN THE AMOUNT OF $1,715,800 FOR COSTS ASSOCIATED WITH ADOPTION OF THE ARCADIA CITY EMPLOYEES’ ASSOCIATION AND THE ARCADIA FIRE FIGHTERS’ ASSOCIATION MEMORANDUMS OF UNDERSTANDING CEQA: Not a Project Recommendation: Adopt Memorandums of Understanding with ACEA and AFFA September 17, 2024 Page 2 of 6 SUMMARY Resolutions No. 7594 and 7597 establish terms of employment and compensation for City employees represented by the Arcadia City Employees’ Association (“ACEA”) and the Arcadia Fire Fighters’ Association (“AFFA”). Pursuant to the Meyers-Milias-Brown Act, the City met and conferred in good faith concerning wages, benefits, and other terms and conditions of employment. The projected cumulative cost of these collective agreements is $10,461,300 over a contract term of three years: Fiscal Years 2024-25 through 2026- 27. It is recommended that the City Council adopt Resolution Nos. 7594 and 7597, establishing compensation and related benefits for employees represented by the ACEA and AFFA for July 1, 2024, through June 30, 2027, and adopt Resolution No. 7595, authorizing a budget appropriation for associated costs in the amount of $1,715,800 for Fiscal Year 2024-25. BACKGROUND The ACEA is a recognized employee organization with a total of 76 budgeted positions Citywide with various duties and responsibilities, including functional support of all City Departments: Library and Museum Services, Recreation and Community Services, Development Services, Public Works Services, Human Resources, Administrative Services, Police, Fire, and the City Managers’ Office. The AFFA is a recognized employee organization with a total of 48 budgeted Fire Fighters, Paramedics, Fire Engineers, and Fire Captains that play a vital role in providing emergency and safety services to all residents and businesses of Arcadia. The previous ACEA and AFFA Memorandums of Understanding (“MOU”) were in effect from July 1, 2021, through June 30, 2024. Negotiations with the groups began in April 2024 and February 2024, respectively. During the course of negotiations, the City’s negotiating team and the groups’ negotiating teams held a combined total of 15 meetings in an attempt to reach a tentative agreement that would be beneficial to both the City and the bargaining group. DISCUSSION The City continuously analyzes and takes steps to meet current and future challenges, including shifting economic factors, retirement costs, and a rapidly changing labor market. A Total Compensation Study was conducted to help inform the City’s position in overall compensation, relative to the marketplace. Although compensation pieces varied, the City’s contribution toward health insurance was behind the market. Discussions during negotiations centered around the ability to provide competitive, fair-market salaries and Memorandums of Understanding with ACEA and AFFA September 17, 2024 Page 3 of 6 how to most effectively address unprecedented recruitment and retention challenges while maintaining long-term fiscal stability. Throughout negotiations, the parties met and conferred in good faith and ultimately reached a tentative agreement for the period of July 1, 2024, through June 30, 2027. Resolution Nos. 7594 and 7597 will aide in the City’s efforts to recruit and retain well- qualified staff to continue to provide high quality services to the community. The most notable package modifications are discussed below. Salary and Other Compensation The proposed MOUs provide base salary increases in each year of the contract. These increases address several challenges and realities in the marketplace, including an effort to catch up from the COVID-19 pandemic’s financial uncertainty, consideration for unusually high inflation, and a significant focus on efforts to recruit and retain well- qualified staff. In addition, the first year of the ACEA MOU provides a one-time bonus, which will be distributed as decided by the group’s membership vote. The AFFA chose to re-allocate the one-time bonus to address other miscellaneous compensation pieces that are important to their membership. The bonus amounts are, in part, based on recognition of current staff that have worked hard to provide high levels of service while experiencing recruitment and retention challenges. ACEA AFFA Year 1 7% Bonus Total: $79,000 7% Year 2 6% 6% Year 3 5% 5% Health Insurance ACEA’s previous MOU provided a flat contribution of $1,072/month. The flat contribution meant that a single employee received the same amount as an employee with one dependent and two or more dependents, resulting in significant inequity due to higher premiums with each additional dependent. The proposed MOU moves the City’s contribution to a tiered model, which will allow for a larger increase of up to $1,800 at the Family level. The new values reflect the City’s commitment to relative parity across groups. However, since current employees made enrollment decisions based on the previous amounts, the proposed MOU freezes the previous amount for current employees with Employee Only enrollments, while new hires will access a lower amount that is more consistent with medical plans’ tiering model. Memorandums of Understanding with ACEA and AFFA September 17, 2024 Page 4 of 6 At the Family level, the proposed contributions for ACEA reflect an increase of $728/month. It is important to note that AFFA was already on a tiered model with higher overall contributions than groups with a flat contribution. Therefore, the proposed AFFA MOU reflects a monthly increase of $540/month at the Family level. ACEA AFFA Employee Only $1,072 ($866 for new employees) $775 Employee +1 $1,400 $1,550 Family $1,800 $2,000 Leave Banks As part of ongoing efforts to reduce long-term liabilities, the City engaged both groups in a discussion to limit cashable and retirement benefits. The parties agreed to address cashable vacation leaves and sick leave conversion to service credit. First, upon separation from employment, the City must pay out any unused vacation balances. The proposed MOUs include a reduction of approximately 40% to the maximum accumulated vacation leave that can be carried throughout employment. In effect, this change will reduce the amount of cash payouts that the City must process upon separation from employment. In addition, the City currently contracts with the California Public Employees’ Retirement System (“CalPERS”) to convert employees’ unused sick leave balances into service credit upon retirement with the City. The proposed MOUs would cap the unused sick leave hours that can be reported to CalPERS for new employees at 1,000 hours. For existing employees in ACEA and AFFA, there is no change to the amount of unused sick leave that the City may report to CalPERS upon retirement. The proposed change would reduce the City’s liabilities by limiting the service credit that is added on top of a retiree’s actual service time for a lifetime benefit. MOU Clean-Up The proposed MOU contains revisions to comply with laws that have been implemented since the start of the prior contract term, as well as minor revisions and clean-up language. Miscellaneous Finally, as part of negotiations, ACEA and AFFA each had asks that were specific to their bargaining groups. These items included longevity pay, holidays, Paramedic pay, and specialty assignment pay. Memorandums of Understanding with ACEA and AFFA September 17, 2024 Page 5 of 6 The City and both associations have agreed to the provisions contained in their respective MOUs, pending City Council approval. The proposed MOUs help align the City’s direction with its business and service goals, while focusing on recruiting and retaining a highly skilled workforce. A redline version of these MOUs is attached to this report. 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, as it can be seen with certainty that it will have no impact on the environment. FISCAL IMPACT The proposed ACEA and AFFA MOUs are projected to have a cumulative total cost of $10,461,300 over the three-year duration of the agreements, including all associated costs that are tied to salary and benefit increases. The three-year cost breakdown by Association is as follows: ASSOCIATION TOTAL COST OF AGREEMENT ACEA $3,660,800 AFFA $6,800,500 TOTAL $10,461,300 The total cost shown is for all funds in the City, of which 95% will be attributable to the General Fund. Beyond the General Fund, the remaining portion of the costs will 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 Memorandums were not projected into the Fiscal Year 2024-25 Budget during its adoption, since such costs were uncertain at the time. However, the adopted Fiscal Year 2024-25 General Fund Operating Budget is projected to end the year with a surplus and would be able to manage the amended budget appropriation of $1,715,800 required by the successor Memorandums. The costs for FY 2025-26 and 2026-27 will be incorporated into subsequent budgets. RECOMMENDATION It is recommended that the City Council determine that this action does not constitute a project under the California Environmental Quality Act (“CEQA”); and adopt Resolution No. 7594 and 7597, approving Memorandums of Understanding establishing compensation and related benefits for employees represented by the Arcadia City Employees’ Association (“ACEA”) and the Arcadia Fire Fighters’ Association (“AFFA”) for July 1, 2024, through June 30, 2027; and Resolution No. 7595 amending the Fiscal Year Memorandums of Understanding with ACEA and AFFA September 17, 2024 Page 6 of 6 2024-25 General Fund Operating Budget, authorizing a budget appropriation in the amount of $1,715,800 for associated costs. Attachment No. 1: Resolution No. 7594 - New ACEA Memorandum of Understanding and Salary Schedules Memorandum of Understanding (red-line version) Attachment No. 2: Resolution No. 7597 - New AFFA Memorandum of Understanding and Salary Schedules Memorandum of Understanding (red-line version) Attachment No. 3: Resolution No. 7595 - Amending FY 2024-25 General Fund Operating Budget RESOLUTION NO. 7594 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR EMPLOYEES REPRESENTED BY THE ARCADIA CITY EMPLOYEES' ASSOCIATION ("ACEA") FOR JULY 1, 2024, THROUGH JUNE 30, 2027 THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIF ORNIA DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approves that certain Memorandum of Understanding ("MOU") by and between the City of Arcadia and the Arcadia City Employees' Association dated effective as of July 1, 2024, a copy of which is attached hereto. The City Manager is hereby authorized and directed to execute this Memorandum of Understanding on behalf of the City. The salary and benefits for employees represented by ACEA shall be those set forth in the MOU. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON THE NEXT PAGE] 1 Attachment No. 1 Passed, approved, and adopted this 17th day of September, 2024. ATTEST: City Clerk APPROVED AS TO FORM: Michael J. Maurer City Attorney Mayor of the City of Arcadia 2 CITY OF ARCADIA AND ARCADIA CITY EMPLOYEES’ ASSOCIATION (CONFIDENTIAL/SUPERVISORY/PROFESSIONAL UNIT AND GENERAL EMPLOYEE UNIT) MEMORANDUM OF UNDERSTANDING JULY 1, 2024 – JUNE 30, 2027 ŝ ACEA MOU 2024 – 2027 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 .......................................................................... 5 Section E. ASSOCIATION STEWARDS ..................................................................... 6 Section F. REASONABLE NOTICE ............................................................................ 7 ARTICLE IV MANAGEMENT RIGHTS ........................................................................ 7 ARTICLE V COMPENSATION ..................................................................................... 8 Section A. SALARY SCHEDULES .............................................................................. 8 Section B. PROMOTION OR ADVANCEMENT .......................................................... 8 Section C. PERCENTAGES BETWEEN STEPS ........................................................ 8 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 ŝŝ ACEA MOU 2024 – 2027 Section D. DEFERRED COMPENSATION (457 PLAN) ........................................... 13 ARTICLE VII HOURS ............................................................................................... 13 Section A. OVERTIME .............................................................................................. 13 Section B. REST PERIODS ...................................................................................... 14 Section C. WORK SCHEDULES ............................................................................... 14 ARTICLE VIII LONGEVITY PAY ................................................................................. 14 ARTICLE IX TUITION ADVANCEMENT/REIMBURSEMENT ..................................... 15 ARTICLE X MILEAGE REIMBURSEMENT ............................................................... 16 ARTICLE XI HEALTH, DENTAL AND LIFE INSURANCE ........................................ 17 Section A. CONTRIBUTION FOR EMPLOYEES HIRED BEFORE SEPTEMBER 17, 2024 ............................................................................ 17 Section B. CONTRIBUTION FOR EMPLOYEES HIRED ON OR AFTER SEPTEMBER 17, 2024 ............................................................................ 18 Section C. CASH IN LIEU OF COVERAGE OR CASH FOR EXCESS CONTRIBUTIONS ................................................................................... 19 Section D. PERMANENT (BENEFITED) PART-TIME EMPLOYEES ........................ 20 Section E. CASH IN LIEU OF COVERAGE OR CASH FOR EXCESS CONTRIBUTIONS FOR PERMANENT (BENEFITED) PART-TIME EMPLOYEES .......................................................................................... 21 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. …………………………………………………………………………………...26 ARTICLE XVI LEAVES OF ABSENCE ...................................................................... 26 ŝŝŝ ACEA MOU 2024 – 2027 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 Section D. VACATION LEAVE .................................................................................. 28 Section E. SICK LEAVE ............................................................................................ 29 Section F. BEREAVEMENT LEAVE ......................................................................... 32 Section G. HOLIDAYS ............................................................................................... 32 Section H. JURY LEAVE ........................................................................................... 34 Section I. COURT WITNESS LEAVE ...................................................................... 34 Section J. INDUSTRIAL ACCIDENT LEAVE ............................................................ 35 ARTICLE XVII PROBATIONARY PERIOD ................................................................. 35 Section A. …………………………………………………………………………………...35 Section B. …………………………………………………………………………………...36 Section C. …………………………………………………………………………………...36 Section D. …………………………………………………………………………………...36 Section E. …………………………………………………………………………………...36 ARTICLE XVIII SPECIAL PAY ..................................................................................... 36 Section A. ACTING PAY ........................................................................................... 36 Section B. CALL-BACK PAY ..................................................................................... 36 Section C. BILINGUAL PAY ...................................................................................... 37 ARTICLE XIX LAYOFFS ............................................................................................ 37 Section A. LAYOFF PROCEDURE ........................................................................... 37 Section B. RE-EMPLOYMENT LIST ......................................................................... 38 Section C. DEFINITIONS .......................................................................................... 38 ARTICLE XX PERSONNEL FILES ........................................................................... 39 Section A. …………………………………………………………………………………...39 Section B. …………………………………………………………………………………...39 Section C. …………………………………………………………………………………...39 ARTICLE XXI EMPLOYEE GRIEVANCES ................................................................ 40 Section A. DEFINITIONS .......................................................................................... 40 Section B. TIMELINESS ........................................................................................... 41 ŝǀ ACEA MOU 2024 – 2027 Section C. EMPLOYEE REPRESENTATION ........................................................... 41 Section D. INFORMAL GRIEVANCE PROCEDURE ................................................ 41 Section E. FORMAL GRIEVANCE PROCEDURE .................................................... 41 Section F. APPEAL TO HUMAN RESOURCES COMMISSION ............................... 42 ARTICLE XXII DISCIPLINARY ACTIONS .................................................................. 47 Section A. SUSPENSION, SALARY REDUCTION, DEMOTION AND DISMISSAL . 47 Section B. NOTIFICATION AND APPEAL PROCEDURE ........................................ 47 Section C. SALARY REDUCTION ............................................................................ 48 Section D. UNAUTHORIZED ABSENCE .................................................................. 48 ARTICLE XXIII DISCIPLINARY ACTIONS – FULL-TIME AND PART-TIME BENEFITED UNCLASSIFIED EMPLOYEES ................................................................ 48 ARTICLE XXIV FULL UNDERSTANDING................................................................... 49 Section A. …………………………………………………………………………………...49 Section B. …………………………………………………………………………………...49 2024 – 2027 NEGOTIATION TEAMS ........................................................................... 50 ϭ ACEA MOU 2024 – 2027 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 Administrative Assistant (1 assigned to Human Resources) Assistant City Clerk Assistant Engineer Assistant Planner Associate Civil Engineer Associate Planner City Clerk Technician Code Services Supervisor Deputy City Clerk Librarian I & II Principal Librarian Public Works Customer Service/Administrative Supervisor Revenue Collection Specialist Senior Civil Engineer Senior Building Inspector Senior Library Technician Senior Planner Ϯ ACEA MOU 2024 – 2027 General Employee Unit Accounting Technician I & II Administrative Assistant Building Inspector Building Technician I & II Business License Officer Circulation Services Supervisor Code Services Officer 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 Office Coordinator Plans Examiner Public Works Inspector Recreation Coordinator Senior Building Technician Senior Engineering Assistant Senior Accounting Technician Senior Administrative Assistant Senior Citizens Program Specialist Senior Citizens Project Specialist Senior Code Services Officer Senior Fire Prevention Specialist Senior Public Works Inspector Utility Billing 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, 4401 Atlantic Ave, Suite 200, Long Beach, CA 90807. ϯ ACEA MOU 2024 – 2027 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, 2024 and ending June 30, 2027. 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. ϰ ACEA MOU 2024 – 2027 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. ϱ ACEA MOU 2024 – 2027 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. 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 Public Works Services at a location approved by the Department Director, or City Manager. 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 Director or other ϲ ACEA MOU 2024 – 2027 management representatives regarding personnel related matters during work hours. The authorized Association 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 Director or designee, to state the purpose of their visit and which location they will be visiting; and 2. The Human Resources Director 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 Agent is denied because it would interfere with the operations of the department, the Human Resources Director 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 ACEA will have a total of 7 Association Stewards who are authorized to represent the employees and shall be selected in such manner as the Association may determine. The Association shall notify the Human Resources Director in writing of the names of the 7 Association Stewards. 2. The 7 Stewards who are authorized to represent employees 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 Agent is not available to be present b. Representation at a grievance hearing ϳ ACEA MOU 2024 – 2027 c. Special meeting with the Human Resources Director, or their designee, and Association 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 Department. 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 Director 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 Director. 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. 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 ϴ ACEA MOU 2024 – 2027 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 ACEA base salaries of classifications covered by this MOU as follows: x Effective the beginning of the pay period containing July 1, 2024: 7% x Effective the beginning of the pay period containing July 1, 2025: 6% x Effective the beginning of the pay period containing July 1, 2026: 5% The salary schedules for classifications covered by this MOU are set forth on Exhibit A and incorporated herein. 2. In addition, ACEA will be given a one-time non-PERSable bonus of $79,000 to be distributed to ACEA employees. Actual distribution amounts for each employee shall be determined by the ACEA. 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 the one-time non-PERSable bonus. 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 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. Future step increases for promotions will follow Section D. “Advancement Through Steps” below. Section C. PERCENTAGES BETWEEN STEPS ϵ ACEA MOU 2024 – 2027 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 in a classification not previously held by the employee: 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 an applicable 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. Employees will advance in their rates of compensation two steps (approximately 5%) on their step increase eligibility date upon receiving a satisfactory performance evaluation. Employees starting service at Step A in a new classification, whether newly hired or promoted, will be eligible for a step increase consideration at 6 months of service in their new classification. If a step increase is granted at 6 months, the next step increase consideration will be 12 months from this date and annually thereafter. Employees starting service at any other salary step in a new classification, whether newly hired or promoted, will be eligible for a step increase consideration at 12 months of service in their new classification and annually thereafter. 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) ϭϬ ACEA MOU 2024 – 2027 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 §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 ϭϭ ACEA MOU 2024 – 2027 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 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 ϭϮ ACEA MOU 2024 – 2027 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 10. Employee will pay 50% of the normal cost 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 ϭϯ ACEA MOU 2024 – 2027 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 (457 PLAN) Employees may elect to allocate salary to the City’s 457 Pre-Tax Contribution Plan and/or the newly available Roth Contribution Plan, 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 Director may require an employee(s) to work at any time other than during regular working hours until such work is completed. Employees required to work beyond 40 hours in a designated FLSA period, 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, except when temporary adjustments (“flexing hours”) are made within the designated FLSA period by mutual agreement between the employee and their Department. For purposes of FLSA overtime calculation, paid sick leave 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 Director 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 FLSA period, the employee shall be paid at the rate of time and one-half the employee's regular rate of pay. This does not apply to classes or other functions which the employee voluntarily attends. ϭϰ ACEA MOU 2024 – 2027 The Department Director or City Manager may permit an employee to take compensatory time in lieu of paid overtime. With Department Director 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. 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 temporary change in work schedules, work times or work hours, reasonable notice shall be given to affected employees. ARTICLE VIII LONGEVITY PAY ϭϱ ACEA MOU 2024 – 2027 Section A. LONGEVITY PAY Effective the beginning of the pay period containing July 1, 2024, a Longevity Pay benefit will be implemented based on the following formula: Completed Years of Continuous Service Amount Per Pay Period 5 - 9 Yrs 10 - 14 Yrs 15 - 19 Yrs 20+ Yrs $50 $76 $100 $230.77 The Longevity Pay benefit is effective the pay period an employee completes 5, 10, 15, or 20 years of continuous PERSable employment with the City. The foregoing amounts shall be subject to applicable payroll deductions. Permanent (Benefited) 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 Director and Human Resources Director, 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 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 ϭϲ ACEA MOU 2024 – 2027 fees and textbooks. All other fees are subject to approval by the City. School supplies are not reimbursable. Permanent (Benefited) 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 must be obtained from the immediate supervisor or Department Director. If travel is required frequently during a month, reimbursement will be made once a month. Completed mileage forms shall be submitted to the Department Director 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. ϭϳ ACEA MOU 2024 – 2027 ARTICLE XI HEALTH, DENTAL AND LIFE INSURANCE Section A. CONTRIBUTION FOR EMPLOYEES HIRED BEFORE SEPTEMBER 17, 2024 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 Public Employees’ Medical and Hospital Care Act (PEMHCA) minimum employer contribution required pursuant to Government Code §22892(b) (“PEMHCA Minimum Contribution”) per month per employee for health insurance. The PEMHCA minimum is included within the City’s contribution. For employees hired before September 17, 2024, the City shall provide a maximum contribution inclusive of the PEMHCA Minimum and Dental Contribution, up to the following amounts, effective July 1, 2024: Employee Only: $1,072/month Employee +1 Eligible Dependent: $1,400/month Employee +2 or More Eligible Dependents (Family): $1,800/month 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. 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. 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. ϭϴ ACEA MOU 2024 – 2027 3. Life Insurance: Effective as soon as practical with the insurance carrier, the City shall provide a $75,000 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 Section B. CONTRIBUTION FOR EMPLOYEES HIRED ON OR AFTER SEPTEMBER 17, 2024 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 Public Employees’ Medical and Hospital Care Act (PEMHCA) minimum employer contribution required pursuant to Government Code §22892(b) (“PEMHCA Minimum Contribution”) per month per employee for health insurance. The PEMHCA minimum is included within the City’s contribution. For employees hired on or after September 17, 2024, the City shall provide a maximum contribution, which is inclusive of the PEMHCA Minimum and Dental Contribution, up to the following amounts, effective October 1, 2024: Employee Only: $866/month Employee +1 Eligible Dependent: $1,400/month Employee +2 or More Eligible Dependents (Family): $1,800/month a. If the City’s contribution exceeds the cost of the employee’s elected coverage (e.g. Employee Only, Employee +1, Family), 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. ϭϵ ACEA MOU 2024 – 2027 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: Effective as soon as practical with the insurance carrier, the City shall provide a $75,000 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 Section C. CASH IN LIEU OF COVERAGE OR CASH FOR EXCESS CONTRIBUTIONS 1.Excess Contributions for Employees Hired Before July 1, 2021. If the City’s contribution, up to a maximum of $1,072/month, exceeds the cost of the employee’s elected coverage (e.g. Employee Only, Employee +1, Family), the difference shall be contributed as taxable income. a. Those employees hired before July 1, 2021, 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 hired before July 1, 2021, 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 ϮϬ ACEA MOU 2024 – 2027 based on their elected reduced amount, and will forfeit their previous cash-in-lieu limit. c. Employees hired before July 1, 2021, who did 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 to receive cash. 2.Cash In Lieu of City Coverage for Employees Hired Before July 1, 2021. Employees are required to carry one of the City’s designated medical plans unless they opt out. Employees hired before July 1, 2021 may receive cash-in-lieu for opting out of the City’s designated medical plans, up to a maximum of $1,072/month, 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 employees provide 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 C.1 above, and subject to the limitations enumerated in Section C.1.-c., to be taken as taxable income. 3. Employees hired after July 1, 2021, shall not be eligible to receive cash in lieu of benefits nor for excess contributions above their enrollment elections. Section D. PERMANENT (BENEFITED) PART-TIME EMPLOYEES The City shall provide permanent (benefited) part-time employees in a classification represented by this Agreement with the following contributions: 1. CalPERS Health Program: The City will contribute the Public Employees’ Medical and Hospital Care Act (PEMHCA) minimum employer contribution required pursuant to Government Code §22892(b) (“PEMHCA Minimum Contribution”) per month per employee for health insurance. The PEMHCA minimum is included within the City’s contribution. Effective July 1, 2024, the City shall provide a maximum contribution inclusive of the PEMHCA Minimum and Dental Contribution, up to the following amounts: Ϯϭ ACEA MOU 2024 – 2027 Employee Only: $536/month Employee +1 Eligible Dependent: $700/month Employee +2 or More Eligible Dependents (Family): $900/month 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. 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. c. 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: Effective as soon as practical with the insurance carrier, the City shall provide a $75,000.00 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. Section E. CASH IN LIEU OF COVERAGE OR CASH FOR EXCESS CONTRIBUTIONS FOR PERMANENT (BENEFITED) PART-TIME EMPLOYEES 1.Excess Contributions for Employees Hired Before July 1, 2021. If the City's contribution, up to a maximum of $536/month, exceeds the cost of the employee’s elected coverage (e.g. Employee Only, Employee +1, Family), the difference shall be contributed as taxable income. ϮϮ ACEA MOU 2024 – 2027 a.Those employees hired before July 1, 2021, 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 hired before July 1, 2021, 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 to receive cash-in-lieu. 2.Cash In Lieu of City Coverage for Employees Hired Before July 1, 2021. Employees are 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, up to a maximum of $536/month, 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 E.1. above, and subject to the limitations enumerated in Section E.1.a.-c., to be taken as taxable income. 3. Employees hired after July 1, 2021, shall not be eligible to receive cash in lieu of benefits nor for excess contributions above their enrollment elections. Ϯϯ ACEA MOU 2024 – 2027 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. Ϯϰ ACEA MOU 2024 – 2027 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. If the Association becomes aware of the death of a retiree, the Association shall notify Human Resources. 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 Ϯϱ ACEA MOU 2024 – 2027 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 x Senior Public Works Inspector •Code Services Officer x Senior Code Services Officer x Code Services Supervisor •Building Inspector x Senior 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 •Senior 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. Ϯϲ ACEA MOU 2024 – 2027 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: Engineering Assistant, Senior Engineering Assistant, Assistant Engineer, Associate Civil Engineer, Senior Civil Engineer, Building Inspector, Senior Building Inspector, Code Services Officer, Senior Code Services Officer, Code Services Supervisor, Fire Prevention Specialist, Senior Fire Prevention Specialist, Public Works Inspector, and Senior Public Works Inspector. For the term of this agreement only (July 1, 2024, through June 30, 2027), if the City and the Arcadia Public Works Employees’ Association (APWEA) agree to a higher maximum safety shoe allowance, the City shall increase ACEA’s safety shoe allowance by the same amount. 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. Ϯϳ ACEA MOU 2024 – 2027 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. 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 Department 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, the City shall grant any and all Family Care and Medical Leaves as required by law. 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 Ϯϴ ACEA MOU 2024 – 2027 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 1. Accumulated vacation leave shall be granted at the discretion of the appointing power. 2. Effective the beginning of the pay period following Council adoption of this MOU, vacation may not be accumulated beyond the amount accumulable for a 39 pay period basis (1.5 years’ worth of vacation). Upon initial implementation of the new, reduced, accumulation cap, the City will cash out to ACEA employees any vacation leave exceeding the new cap, plus an additional 40 hours as selected by individual ACEA employees. 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: Ϯϵ ACEA MOU 2024 – 2027 Years of Service Accrual Rate Hours Per Year Accrued Max Accrual 0-4 years 3.07 hours 80 Hours 120 5-9 years 4.61 hours 120 Hours 180 10-14 years 5.23 hours 136 Hours 204 15+ years 6.15 hours 160 Hours 240 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 60 5-9 2.31 60 90 10-14 2.62 68 102 15+ 3.07 80 120 6. Employees may elect to sell back vacation during a calendar, not to exceed a maximum of 80 hours in the calendar year. Effective for calendar year 2025 and every year thereafter: By December 31 (beginning in 2024) of each year, employees who wish to sell back vacation time must make an irrevocable election to cash out up to eighty (80) hours of vacation leave that will be earned in the following calendar year. Section E. SICK LEAVE 1. Every full-time employee represented by this agreement shall accrue sick leave beginning with the first full pay period of employment on the basis of 3.693 hours for each pay period of service completed with the City 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; ϯϬ ACEA MOU 2024 – 2027 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); and/or, d. An employee may designate one additional person per 12- month period at the time the employee requests sick leave. 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, and an employee may designate one additional person per 12-month period at the time the employee requests sick leave. 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. ϯϭ ACEA MOU 2024 – 2027 7. If an employee separates from employment with the City and is rehired within 1 year from separation, up to 80 hours or 10 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 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 80 hours or 10 days. 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 10. Unused Sick Leave. 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. Employees hired before July 1, 2024, who retire with the City of Arcadia may convert any unused sick leave up to 1,500 hours into retirement service credits. Employees hired on or after July 1, 2024, who retire with the City of Arcadia may convert any unused sick leave up to 1,000 hours into retirement service credits. ϯϮ ACEA MOU 2024 – 2027 Section F. BEREAVEMENT LEAVE Death In Family. 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. In accordance with Assembly Bill 1949, employees will be entitled to take up to five (5) days of unpaid bereavement leave for spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. Employees may use a combination of leave balances and paid bereavement leave specified in this paragraph. Reproductive Loss. In accordance with Senate Bill 848, employees who have worked for the City for at least 30 days and have suffered a reproductive loss event will be entitled to take up to five (5) days of unpaid protected leave. A reproductive loss event is defined as the day or, for a multi-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth or an unsuccessful assisted reproduction. The 5 days must be taken within three months of the event. Employees may use a combination of leave balances and paid bereavement leave specified in the paragraph above. 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 ϯϯ ACEA MOU 2024 – 2027 Christmas Day December 25 New Year’s Eve December 31 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 Christmas Eve - December 24 Christmas Day - December 25, or New Year’s Eve - December 31 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 employees 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 (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 ϯϰ ACEA MOU 2024 – 2027 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 holiday bank. Holiday bank 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 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. ϯϱ ACEA MOU 2024 – 2027 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. 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 ϯϲ ACEA MOU 2024 – 2027 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/or who are not currently employed by the City in a permanent position shall be on probation for 12 months before attaining permanent status. Section C. Eligible candidates currently employed by the City in a permanent position and are appointed from a promotional or open competitive list shall be on probation for 6 months before attaining permanent status. Section D. Any probationary period may be extended for up to six (6) months. 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 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 employee 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. ϯϳ ACEA MOU 2024 – 2027 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 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, ϯϴ ACEA MOU 2024 – 2027 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 (benefited) 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. 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.Permanent Employee – Full-time and benefited part-time worker of the City of Arcadia who has successfully completed the applicable probationary period. ϯϵ ACEA MOU 2024 – 2027 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 Department. Supervisors may maintain working personnel files. If a supervisor maintains a working personnel file, copies of written material which is to be used as a basis for employee discipline shall be sent to the central personnel file and given to the employee. Copies of performance evaluations and/or disciplinary actions shall not be entered in the file, until the employee is given a copy and an opportunity to review and comment thereon. The employee shall be given an opportunity during working hours to initial, date, and file a written response to the material. The written response shall be attached to the material. Copies of letters of commendation and/or certificate of commendation from the City Council or City Manager shall be placed in the employee's personnel file. An employee or their designated representative 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 employees by the Human Resources Director or designee. ϰϬ ACEA MOU 2024 – 2027 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 Director – The department director or designee. 4. Work day – A work day is any day the City offices are regularly open for business. 5. Exclusions from the Grievance Procedure: a. The procedure is not to be used for the purpose of changing wages, hours and working conditions. Allegations involving wages, hours and working conditions may thus be grieved only if the grievance involves a misapplication or misinterpretation of an express provision of the MOU or a City/Department Personnel Rules and Regulations. b. The procedure is not intended to be used to challenge the content of employee evaluations or performance reviews. Allegations that the City has failed to comply with an evaluation procedure set forth in a specific provision of the MOU and/or City/Department Personnel Rules and Regulations are grievable. c. The procedure is not intended to be used to challenge a reclassification, layoff, transfer, denial of reinstatement, or denial of a step or merit increase. Notwithstanding the above, if the process used to reach the foregoing decisions is not in compliance with an express provision of the MOU and/or City/Department Personnel Rules and Regulations, a grievance may be filed. d. The procedure is not intended to be used in cases of oral or written reprimand, demotion, suspension, removal or other disciplinary action. Appeals of disciplinary actions are covered by the City’s Personnel Rules and Regulations. e. The procedure is not to be used to challenge examinations or appointment to positions. Notwithstanding the above, if the process used to reach the foregoing decisions is not in compliance with an ϰϭ ACEA MOU 2024 – 2027 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 Director. 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 with their 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 the Human Resources Department concurrently with presentation to the immediate supervisor. ϰϮ ACEA MOU 2024 – 2027 The next level supervisor shall render a decision in writing, on the grievance form, within 10 working days after receiving the grievance. 2. Department Director 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 Director. The Department Director may require the employee and the immediate supervisor to attend a grievance meeting. The Department Director 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 Director If the employee is not in agreement with the decision reached by the Department Director, within 10 working days after receiving the Department Director’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 Director on the official City grievance form. The Human Resources Director may require the employee and the immediate supervisor to attend a grievance meeting. The Human Resources Director 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 Director or if the Human Resources Director 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 Director’s decision or 20 days from the date the Human Resources Director 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 ϰϯ ACEA MOU 2024 – 2027 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 Department and the other party. The Human Resources Department will issue the subpoenas. The Human Resources 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 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 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 Department a Statement of Issues. ϰϰ ACEA MOU 2024 – 2027 4. Submission to the Human Resources Commission 5 working days prior to the date set for the hearing, the Human Resources Department shall present each member of the Human Resources Commission with a copy of the jurisdictional documents. Those documents include the grievance documents at each level and the responses to the grievance. 5. Payment of Employee Witnesses Employees of the City who are subpoenaed to testify during working hours will be released with pay to appear at the hearing. The Commission may direct that these employees remain on call until called to testify. Employees who are subpoenaed to testify during non-working hours will be compensated for the time they actually testify, unless the City agrees to a different arrangement. 6. Conduct of the Hearing a. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses but hearings shall be conducted in a manner most conducive to determination of the truth. b. Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. c. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence that shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. d. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. e. Irrelevant and unduly repetitious evidence may be excluded. f. The Human Resources Commission shall determine relevancy, weight and credibility of testimony and evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. g. During examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party. 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. ϰϱ ACEA MOU 2024 – 2027 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 Chair of the Human Resources Commission (“Chair”) shall announce the issues after a review of the statement of issues presented by each party. b. The grievant (employee) shall be permitted to make an opening statement. c. The respondent (City) shall be permitted to make an opening statement, or reserve an opening statement until presentation of its case. d. The grievant shall produce 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. Objections may be ruled upon summarily or argument may be permitted. ϰϲ ACEA MOU 2024 – 2027 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 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 Director 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 ϰϳ ACEA MOU 2024 – 2027 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 Director. ARTICLE XXII DISCIPLINARY ACTIONS Section A. SUSPENSION, SALARY REDUCTION, DEMOTION AND DISMISSAL The appointing powers are vested with the right to discipline or to dismiss permanent employees as provided by this section. A permanent employee holding a position in the classified service shall be subject to suspension without pay, salary reduction, demotion or dismissed for cause. A permanent employee in the classified service shall have the right to appeal the suspension without pay, demotion, or dismissal to the Human Resources Commission. If the appeal is timely, filed, a hearing will be scheduled by the Human Resources Commission. Probationary employees are subject to demotion or dismissal without cause or right to a hearing. 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 Director 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 ϰϴ ACEA MOU 2024 – 2027 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. 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 ϰϵ ACEA MOU 2024 – 2027 ARTICLE XXIV FULL UNDERSTANDING Section A. This Memorandum of Understanding and attached side-letters contains all the covenants, stipulations and provisions agreed upon by the parties and any other prior existing understanding or Agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. It is the intent of the parties that this Agreement be administered in its entirety in good faith during its full term. The Association recognizes that during such term it may be necessary for Management to make changes in rules or procedures affecting the employees in the unit and that the City will meet and confer as required by law, before implementing changes. For the life of this agreement it is agreed and understood that the Association hereto voluntarily and unqualifiedly waives its rights and agrees that the City shall not be required to meet and confer with respect to any subject or matter whether referred to or covered in this Agreement or not during the term of this Agreement. The parties may mutually agree in writing to meet and confer on any subject contained in this agreement during the life of this Agreement. Section B. The parties hereto have caused the Memorandum of Understanding to be executed this 17th day of September 2024. ARCADIA CITY EMPLOYEES ASSOCIATION Anabel Carrillo President CITY OF ARCADIA Dominic Lazzaretto City Manager  ϱϬ ACEA MOU 2024 – 2027 2024 – 2027 NEGOTIATION TEAMS ACEA NEGOTIATION TEAMS CITY REPRESENTATIVES Anabel Carrillo, President Jason Kruckeberg, Assistant City Manager/ Development Services Director Johnathan Doojphibulpol, Vice President Henry Chen, Interim Administrative Services Director Stevy Acevedo, Director Anely Williams, Interim Human Resources Director Alicia Salce, Treasurer Sairy Stepanian, Senior Human Resources Analyst Ali Doudar, Member-At-Large Laura Drottz Kalty, LCW Attorney Stephanie Pruhs, Member-At-Large Victoria De Frank, CEA Attorney 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 3,834$ 3,928$ 4,029$ 4,128$ 4,232$ 4,339$ 4,447$ 4,560$ 4,673$ 4,790$ 43 Accounting Technician I 3,928$ 4,029$ 4,128$ 4,232$ 4,339$ 4,447$ 4,560$ 4,673$ 4,790$ 4,907$ 44 4,029$ 4,128$ 4,232$ 4,339$ 4,447$ 4,560$ 4,673$ 4,790$ 4,907$ 5,031$ 45 Office Assistant 4,128$ 4,232$ 4,339$ 4,447$ 4,560$ 4,673$ 4,790$ 4,907$ 5,031$ 5,155$ 46 Library Technician I Museum Education Coordinator 4,232$ 4,339$ 4,447$ 4,560$ 4,673$ 4,790$ 4,907$ 5,031$ 5,155$ 5,283$ 47 Accounting Technician II Senior Citizens Project Specialist 4,339$ 4,447$ 4,560$ 4,673$ 4,790$ 4,907$ 5,031$ 5,155$ 5,283$ 5,415$ 48 Library Technician II 4,447$ 4,560$ 4,673$ 4,790$ 4,907$ 5,031$ 5,155$ 5,283$ 5,415$ 5,551$ 49 Administrative Assistant City Clerk Technician Senior Citizens Program Specialist 4,560$ 4,673$ 4,790$ 4,907$ 5,031$ 5,155$ 5,283$ 5,415$ 5,551$ 5,693$ 50 Building Technician I 4,673$ 4,790$ 4,907$ 5,031$ 5,155$ 5,283$ 5,415$ 5,551$ 5,693$ 5,832$ 51 Recreation Coordinator 4,790$ 4,907$ 5,031$ 5,155$ 5,283$ 5,415$ 5,551$ 5,693$ 5,832$ 5,978$ 52 Senior Library Technician 4,907$ 5,031$ 5,155$ 5,283$ 5,415$ 5,551$ 5,693$ 5,832$ 5,978$ 6,127$ 53 Senior Accounting Technician Utility Billing Specialist 5,031$ 5,155$ 5,283$ 5,415$ 5,551$ 5,693$ 5,832$ 5,978$ 6,127$ 6,282$ 54 Building Technician II Senior Administrative Assistant 5,155$ 5,283$ 5,415$ 5,551$ 5,693$ 5,832$ 5,978$ 6,127$ 6,282$ 6,436$ 55 Fire Administrative Specialist 5,283$ 5,415$ 5,551$ 5,693$ 5,832$ 5,978$ 6,127$ 6,282$ 6,436$ 6,599$ 56 5,415$ 5,551$ 5,693$ 5,832$ 5,978$ 6,127$ 6,282$ 6,436$ 6,599$ 6,761$ 57 Accounting Specialist Circulation Services Supervisor Revenue Collection Specialist 5,551$ 5,693$ 5,832$ 5,978$ 6,127$ 6,282$ 6,436$ 6,599$ 6,761$ 6,930$ 58 Code Services Officer Deputy City Clerk 5,693$ 5,832$ 5,978$ 6,127$ 6,282$ 6,436$ 6,599$ 6,761$ 6,930$ 7,105$ 59 Engineering Assistant Historical Museum Curator Information Systems Specialist Librarian I Office Coordinator 5,832$ 5,978$ 6,127$ 6,282$ 6,436$ 6,599$ 6,761$ 6,930$ 7,105$ 7,283$ 60 Business License Officer Senior Building Technician 5,978$ 6,127$ 6,282$ 6,436$ 6,599$ 6,761$ 6,930$ 7,105$ 7,283$ 7,464$ EXHIBIT A CITY OF ARCADIA MONTHLY SALARY RANGE JULY 1, 2024 - JUNE 30, 2025 ACEA - 7.0% Range Number Title Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J EXHIBIT A CITY OF ARCADIA MONTHLY SALARY RANGE JULY 1, 2024 - JUNE 30, 2025 ACEA - 7.0% 61 6,127$ 6,282$ 6,436$ 6,599$ 6,761$ 6,930$ 7,105$ 7,283$ 7,464$ 7,651$ 62 Public Works Inspector Senior Code Services Officer 6,282$ 6,436$ 6,599$ 6,761$ 6,930$ 7,105$ 7,283$ 7,464$ 7,651$ 7,843$ 63 6,436$ 6,599$ 6,761$ 6,930$ 7,105$ 7,283$ 7,464$ 7,651$ 7,843$ 8,039$ 64 Assistant City Clerk Assistant Planner Building Inspector Librarian II Senior Engineering Assistant 6,599$ 6,761$ 6,930$ 7,105$ 7,283$ 7,464$ 7,651$ 7,843$ 8,039$ 8,239$ 65 6,761$ 6,930$ 7,105$ 7,283$ 7,464$ 7,651$ 7,843$ 8,039$ 8,239$ 8,448$ 66 Senior Public Works Inspector 6,930$ 7,105$ 7,283$ 7,464$ 7,651$ 7,843$ 8,039$ 8,239$ 8,448$ 8,658$ 67 7,105$ 7,283$ 7,464$ 7,651$ 7,843$ 8,039$ 8,239$ 8,448$ 8,658$ 8,875$ 68 Fire Prevention Specialist Public Works Customer Service/Administrative Supervisor Code Services Supervisor 7,283$ 7,464$ 7,651$ 7,843$ 8,039$ 8,239$ 8,448$ 8,658$ 8,875$ 9,096$ 69 Assistant Engineer Associate Planner Senior Building Inspector Plans Examiner 7,464$ 7,651$ 7,843$ 8,039$ 8,239$ 8,448$ 8,658$ 8,875$ 9,096$ 9,324$ 70 7,651$ 7,843$ 8,039$ 8,239$ 8,448$ 8,658$ 8,875$ 9,096$ 9,324$ 9,558$ 71 Senior Fire Prevention Specialist 7,843$ 8,039$ 8,239$ 8,448$ 8,658$ 8,875$ 9,096$ 9,324$ 9,558$ 9,798$ 72 8,039$ 8,239$ 8,448$ 8,658$ 8,875$ 9,096$ 9,324$ 9,558$ 9,798$ 10,039$ 73 Principal Librarian 8,239$ 8,448$ 8,658$ 8,875$ 9,096$ 9,324$ 9,558$ 9,798$ 10,039$ 10,289$ 74 Associate Civil Engineer 8,446$ 8,656$ 8,872$ 9,095$ 9,322$ 9,554$ 9,794$ 10,039$ 10,289$ 10,547$ 75 Senior Planner 8,656$ 8,872$ 9,095$ 9,322$ 9,554$ 9,794$ 10,039$ 10,289$ 10,547$ 10,811$ 76 8,872$ 9,095$ 9,322$ 9,554$ 9,794$ 10,039$ 10,289$ 10,547$ 10,811$ 11,081$ 77 9,095$ 9,322$ 9,554$ 9,793$ 10,040$ 10,289$ 10,546$ 10,811$ 11,081$ 11,358$ 78 Senior Civil Engineer 9,322$ 9,555$ 9,794$ 10,039$ 10,290$ 10,546$ 10,810$ 11,081$ 11,357$ 11,642$ Salaries are effective the beginning of the pay period containing July 1, 2024 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 4,064$ 4,164$ 4,271$ 4,376$ 4,486$ 4,599$ 4,714$ 4,834$ 4,953$ 5,077$ 43 Accounting Technician I 4,164$ 4,271$ 4,376$ 4,486$ 4,599$ 4,714$ 4,834$ 4,953$ 5,077$ 5,201$ 44 4,271$ 4,376$ 4,486$ 4,599$ 4,714$ 4,834$ 4,953$ 5,077$ 5,201$ 5,333$ 45 Office Assistant 4,376$ 4,486$ 4,599$ 4,714$ 4,834$ 4,953$ 5,077$ 5,201$ 5,333$ 5,464$ 46 Library Technician I Museum Education Coordinator 4,486$ 4,599$ 4,714$ 4,834$ 4,953$ 5,077$ 5,201$ 5,333$ 5,464$ 5,600$ 47 Accounting Technician II Senior Citizens Project Specialist 4,599$ 4,714$ 4,834$ 4,953$ 5,077$ 5,201$ 5,333$ 5,464$ 5,600$ 5,740$ 48 Library Technician II 4,714$ 4,834$ 4,953$ 5,077$ 5,201$ 5,333$ 5,464$ 5,600$ 5,740$ 5,884$ 49 Administrative Assistant City Clerk Technician Senior Citizens Program Specialist 4,834$ 4,953$ 5,077$ 5,201$ 5,333$ 5,464$ 5,600$ 5,740$ 5,884$ 6,035$ 50 Building Technician I 4,953$ 5,077$ 5,201$ 5,333$ 5,464$ 5,600$ 5,740$ 5,884$ 6,035$ 6,182$ 51 Recreation Coordinator 5,077$ 5,201$ 5,333$ 5,464$ 5,600$ 5,740$ 5,884$ 6,035$ 6,182$ 6,337$ 52 Senior Library Technician 5,201$ 5,333$ 5,464$ 5,600$ 5,740$ 5,884$ 6,035$ 6,182$ 6,337$ 6,495$ 53 Senior Accounting Technician Utility Billing Specialist 5,333$ 5,464$ 5,600$ 5,740$ 5,884$ 6,035$ 6,182$ 6,337$ 6,495$ 6,659$ 54 Building Technician II Senior Administrative Assistant 5,464$ 5,600$ 5,740$ 5,884$ 6,035$ 6,182$ 6,337$ 6,495$ 6,659$ 6,822$ 55 Fire Administrative Specialist 5,600$ 5,740$ 5,884$ 6,035$ 6,182$ 6,337$ 6,495$ 6,659$ 6,822$ 6,995$ 56 5,740$ 5,884$ 6,035$ 6,182$ 6,337$ 6,495$ 6,659$ 6,822$ 6,995$ 7,167$ 57 Accounting Specialist Circulation Services Supervisor Revenue Collection Specialist 5,884$ 6,035$ 6,182$ 6,337$ 6,495$ 6,659$ 6,822$ 6,995$ 7,167$ 7,346$ 58 Code Services Officer Deputy City Clerk 6,035$ 6,182$ 6,337$ 6,495$ 6,659$ 6,822$ 6,995$ 7,167$ 7,346$ 7,531$ 59 Engineering Assistant Historical Museum Curator Information Systems Specialist Librarian I Office Coordinator 6,182$ 6,337$ 6,495$ 6,659$ 6,822$ 6,995$ 7,167$ 7,346$ 7,531$ 7,720$ 60 Business License Officer Senior Building Technician 6,337$ 6,495$ 6,659$ 6,822$ 6,995$ 7,167$ 7,346$ 7,531$ 7,720$ 7,912$ EXHIBIT A CITY OF ARCADIA MONTHLY SALARY RANGE JULY 1, 2025 - JUNE 30, 2026 ACEA - 6.0% Range Number Title Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J EXHIBIT A CITY OF ARCADIA MONTHLY SALARY RANGE JULY 1, 2025 - JUNE 30, 2026 ACEA - 6.0% 61 6,495$ 6,659$ 6,822$ 6,995$ 7,167$ 7,346$ 7,531$ 7,720$ 7,912$ 8,110$ 62 Public Works Inspector Senior Code Services Officer 6,659$ 6,822$ 6,995$ 7,167$ 7,346$ 7,531$ 7,720$ 7,912$ 8,110$ 8,314$ 63 6,822$ 6,995$ 7,167$ 7,346$ 7,531$ 7,720$ 7,912$ 8,110$ 8,314$ 8,521$ 64 Assistant City Clerk Assistant Planner Building Inspector Librarian II Senior Engineering Assistant 6,995$ 7,167$ 7,346$ 7,531$ 7,720$ 7,912$ 8,110$ 8,314$ 8,521$ 8,733$ 65 7,167$ 7,346$ 7,531$ 7,720$ 7,912$ 8,110$ 8,314$ 8,521$ 8,733$ 8,955$ 66 Senior Public Works Inspector 7,346$ 7,531$ 7,720$ 7,912$ 8,110$ 8,314$ 8,521$ 8,733$ 8,955$ 9,177$ 67 7,531$ 7,720$ 7,912$ 8,110$ 8,314$ 8,521$ 8,733$ 8,955$ 9,177$ 9,408$ 68 Fire Prevention Specialist Public Works Customer Service/Administrative Supervisor Code Services Supervisor 7,720$ 7,912$ 8,110$ 8,314$ 8,521$ 8,733$ 8,955$ 9,177$ 9,408$ 9,642$ 69 Assistant Engineer Associate Planner Senior Building Inspector Plans Examiner 7,912$ 8,110$ 8,314$ 8,521$ 8,733$ 8,955$ 9,177$ 9,408$ 9,642$ 9,883$ 70 8,110$ 8,314$ 8,521$ 8,733$ 8,955$ 9,177$ 9,408$ 9,642$ 9,883$ 10,131$ 71 Senior Fire Prevention Specialist 8,314$ 8,521$ 8,733$ 8,955$ 9,177$ 9,408$ 9,642$ 9,883$ 10,131$ 10,386$ 72 8,521$ 8,733$ 8,955$ 9,177$ 9,408$ 9,642$ 9,883$ 10,131$ 10,386$ 10,641$ 73 Principal Librarian 8,733$ 8,955$ 9,177$ 9,408$ 9,642$ 9,883$ 10,131$ 10,386$ 10,641$ 10,906$ 74 Associate Civil Engineer 8,953$ 9,175$ 9,404$ 9,641$ 9,881$ 10,127$ 10,382$ 10,641$ 10,906$ 11,180$ 75 Senior Planner 9,175$ 9,404$ 9,641$ 9,881$ 10,127$ 10,382$ 10,641$ 10,906$ 11,180$ 11,460$ 76 9,404$ 9,641$ 9,881$ 10,127$ 10,382$ 10,641$ 10,906$ 11,180$ 11,460$ 11,746$ 77 9,641$ 9,881$ 10,127$ 10,381$ 10,642$ 10,906$ 11,179$ 11,460$ 11,746$ 12,039$ 78 Senior Civil Engineer 9,881$ 10,128$ 10,382$ 10,641$ 10,907$ 11,179$ 11,459$ 11,746$ 12,038$ 12,341$ Salaries are effective the beginning of the pay period containing July 1, 2025 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 4,267$ 4,372$ 4,485$ 4,595$ 4,710$ 4,829$ 4,950$ 5,076$ 5,201$ 5,331$ 43 Accounting Technician I 4,372$ 4,485$ 4,595$ 4,710$ 4,829$ 4,950$ 5,076$ 5,201$ 5,331$ 5,461$ 44 4,485$ 4,595$ 4,710$ 4,829$ 4,950$ 5,076$ 5,201$ 5,331$ 5,461$ 5,600$ 45 Office Assistant 4,595$ 4,710$ 4,829$ 4,950$ 5,076$ 5,201$ 5,331$ 5,461$ 5,600$ 5,737$ 46 Library Technician I Museum Education Coordinator 4,710$ 4,829$ 4,950$ 5,076$ 5,201$ 5,331$ 5,461$ 5,600$ 5,737$ 5,880$ 47 Accounting Technician II Senior Citizens Project Specialist 4,829$ 4,950$ 5,076$ 5,201$ 5,331$ 5,461$ 5,600$ 5,737$ 5,880$ 6,027$ 48 Library Technician II 4,950$ 5,076$ 5,201$ 5,331$ 5,461$ 5,600$ 5,737$ 5,880$ 6,027$ 6,178$ 49 Administrative Assistant City Clerk Technician Senior Citizens Program Specialist 5,076$ 5,201$ 5,331$ 5,461$ 5,600$ 5,737$ 5,880$ 6,027$ 6,178$ 6,337$ 50 Building Technician I 5,201$ 5,331$ 5,461$ 5,600$ 5,737$ 5,880$ 6,027$ 6,178$ 6,337$ 6,491$ 51 Recreation Coordinator 5,331$ 5,461$ 5,600$ 5,737$ 5,880$ 6,027$ 6,178$ 6,337$ 6,491$ 6,654$ 52 Senior Library Technician 5,461$ 5,600$ 5,737$ 5,880$ 6,027$ 6,178$ 6,337$ 6,491$ 6,654$ 6,820$ 53 Senior Accounting Technician Utility Billing Specialist 5,600$ 5,737$ 5,880$ 6,027$ 6,178$ 6,337$ 6,491$ 6,654$ 6,820$ 6,992$ 54 Building Technician II Senior Administrative Assistant 5,737$ 5,880$ 6,027$ 6,178$ 6,337$ 6,491$ 6,654$ 6,820$ 6,992$ 7,163$ 55 Fire Administrative Specialist 5,880$ 6,027$ 6,178$ 6,337$ 6,491$ 6,654$ 6,820$ 6,992$ 7,163$ 7,345$ 56 6,027$ 6,178$ 6,337$ 6,491$ 6,654$ 6,820$ 6,992$ 7,163$ 7,345$ 7,525$ 57 Accounting Specialist Circulation Services Supervisor Revenue Collection Specialist 6,178$ 6,337$ 6,491$ 6,654$ 6,820$ 6,992$ 7,163$ 7,345$ 7,525$ 7,713$ 58 Code Services Officer Deputy City Clerk 6,337$ 6,491$ 6,654$ 6,820$ 6,992$ 7,163$ 7,345$ 7,525$ 7,713$ 7,908$ 59 Engineering Assistant Historical Museum Curator Information Systems Specialist Librarian I Office Coordinator 6,491$ 6,654$ 6,820$ 6,992$ 7,163$ 7,345$ 7,525$ 7,713$ 7,908$ 8,106$ 60 Business License Officer Senior Building Technician 6,654$ 6,820$ 6,992$ 7,163$ 7,345$ 7,525$ 7,713$ 7,908$ 8,106$ 8,308$ EXHIBIT A CITY OF ARCADIA MONTHLY SALARY RANGE JULY 1, 2026 - JUNE 30, 2027 ACEA - 5.0% Range Number Title Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J EXHIBIT A CITY OF ARCADIA MONTHLY SALARY RANGE JULY 1, 2026 - JUNE 30, 2027 ACEA - 5.0% 61 6,820$ 6,992$ 7,163$ 7,345$ 7,525$ 7,713$ 7,908$ 8,106$ 8,308$ 8,516$ 62 Public Works Inspector Senior Code Services Officer 6,992$ 7,163$ 7,345$ 7,525$ 7,713$ 7,908$ 8,106$ 8,308$ 8,516$ 8,730$ 63 7,163$ 7,345$ 7,525$ 7,713$ 7,908$ 8,106$ 8,308$ 8,516$ 8,730$ 8,947$ 64 Assistant City Clerk Assistant Planner Building Inspector Librarian II Senior Engineering Assistant 7,345$ 7,525$ 7,713$ 7,908$ 8,106$ 8,308$ 8,516$ 8,730$ 8,947$ 9,170$ 65 7,525$ 7,713$ 7,908$ 8,106$ 8,308$ 8,516$ 8,730$ 8,947$ 9,170$ 9,403$ 66 Senior Public Works Inspector 7,713$ 7,908$ 8,106$ 8,308$ 8,516$ 8,730$ 8,947$ 9,170$ 9,403$ 9,636$ 67 7,908$ 8,106$ 8,308$ 8,516$ 8,730$ 8,947$ 9,170$ 9,403$ 9,636$ 9,878$ 68 Fire Prevention Specialist Public Works Customer Service/Administrative Supervisor Code Services Supervisor 8,106$ 8,308$ 8,516$ 8,730$ 8,947$ 9,170$ 9,403$ 9,636$ 9,878$ 10,124$ 69 Assistant Engineer Associate Planner Senior Building Inspector Plans Examiner 8,308$ 8,516$ 8,730$ 8,947$ 9,170$ 9,403$ 9,636$ 9,878$ 10,124$ 10,377$ 70 8,516$ 8,730$ 8,947$ 9,170$ 9,403$ 9,636$ 9,878$ 10,124$ 10,377$ 10,638$ 71 Senior Fire Prevention Specialist 8,730$ 8,947$ 9,170$ 9,403$ 9,636$ 9,878$ 10,124$ 10,377$ 10,638$ 10,905$ 72 8,947$ 9,170$ 9,403$ 9,636$ 9,878$ 10,124$ 10,377$ 10,638$ 10,905$ 11,173$ 73 Principal Librarian 9,170$ 9,403$ 9,636$ 9,878$ 10,124$ 10,377$ 10,638$ 10,905$ 11,173$ 11,451$ 74 Associate Civil Engineer 9,401$ 9,634$ 9,874$ 10,123$ 10,375$ 10,633$ 10,901$ 11,173$ 11,451$ 11,739$ 75 Senior Planner 9,634$ 9,874$ 10,123$ 10,375$ 10,633$ 10,901$ 11,173$ 11,451$ 11,739$ 12,033$ 76 9,874$ 10,123$ 10,375$ 10,633$ 10,901$ 11,173$ 11,451$ 11,739$ 12,033$ 12,333$ 77 10,123$ 10,375$ 10,633$ 10,900$ 11,174$ 11,451$ 11,738$ 12,033$ 12,333$ 12,641$ 78 Senior Civil Engineer 10,375$ 10,634$ 10,901$ 11,173$ 11,452$ 11,738$ 12,032$ 12,333$ 12,640$ 12,958$ Salaries are effective the beginning of the pay period containing July 1, 2026 CITY OF ARCADIA AND ARCADIA CITY EMPLOYEES’ ASSOCIATION (CONFIDENTIAL/SUPERVISORY/PROFESSIONAL UNIT AND GENERAL EMPLOYEE UNIT) MEMORANDUM OF UNDERSTANDING JULY 1, 20241 – JUNE 30, 20274 i ACEA MOU 20241 – 20274 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 ....................................................................................... 10 Section A. EMPLOYEES HIRED BEFORE JULY 1, 2011 ........................................ 10 Section B. EMPLOYEES HIRED ON OR AFTER OCTOBER 9, 2011, OTHER THAN NEW CALPERS MEMBERS .................................................................... 12 Section C. NEW CALPERS MEMBERS HIRED ON OR AFTER JANUARY 1, 2013 13 ii ACEA MOU 20241 – 20274 Section D. DEFERRED COMPENSATION (457 PLAN) ........................................... 14 ARTICLE VII HOURS ............................................................................................... 14 Section A. OVERTIME .............................................................................................. 14 Section B. REST PERIODS ...................................................................................... 15 Section C. WORK SCHEDULES ............................................................................... 15 ARTICLE VIII LONGEVITY PAY ................................................................................. 15 ARTICLE IX TUITION ADVANCEMENT/REIMBURSEMENT ..................................... 16 ARTICLE X MILEAGE REIMBURSEMENT ............................................................... 17 ARTICLE XI HEALTH, DENTAL AND LIFE INSURANCE ........................................ 18 Section A. CONTRIBUTION FOR EMPLOYEES HIRED BEFORE SEPTEMBER 17, 2024 ............................................................................ 18 Section B. CONTRIBUTION FOR EMPLOYEES HIRED ON OR AFTER SEPTEMBER 17, 2024 ............................................................................ 20 Section C. CASH IN LIEU OF COVERAGE OR CASH FOR EXCESS CONTRIBUTIONS ................................................................................... 21 Section D. PERMANENT (BENEFITED) PART-TIME EMPLOYEES ........................ 23 Section E. CASH IN LIEU OF COVERAGE OR CASH FOR EXCESS CONTRIBUTIONS FOR PERMANENT (BENEFITED) PART-TIME EMPLOYEES .......................................................................................... 25 ARTICLE XII RETIREE MEDICAL ............................................................................ 27 Section A. RETIREE HEALTH INSURANCE FOR EMPLOYEES HIRED BEFORE JULY 1, 2011 ........................................................................................... 27 Section B. RETIREE HEALTH INSURANCE FOR EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 .............................................................................. 29 ARTICLE XIII DISABILITY INCOME INSURANCE ................................................... 29 ARTICLE XIV MEDICAL EXAMINATIONS ................................................................ 29 Section A. …………………………………………………………………………………...29 Section B. …………………………………………………………………………………...29 ARTICLE XV UNIFORMS ......................................................................................... 29 Section A. …………………………………………………………………………………...29 Section B. …………………………………………………………………………………...30 Section C. …………………………………………………………………………………...30 ARTICLE XVI LEAVES OF ABSENCE ...................................................................... 31 iii ACEA MOU 20241 – 20274 Section A. NON-MEDICAL LEAVES WITHOUT PAY ............................................... 31 Section B. FAMILY CARE AND MEDICAL LEAVES ................................................. 32 Section C. TEMPORARY MILITARY LEAVE (Paid and Unpaid) .............................. 32 Section D. VACATION LEAVE .................................................................................. 32 Section E. SICK LEAVE ............................................................................................ 34 Section F. BEREAVEMENT LEAVE ......................................................................... 36 Section G. HOLIDAYS ............................................................................................... 37 Section H. JURY LEAVE ........................................................................................... 39 Section I. COURT WITNESS LEAVE ...................................................................... 39 Section J. INDUSTRIAL ACCIDENT LEAVE ............................................................ 40 ARTICLE XVII PROBATIONARY PERIOD ................................................................. 40 Section A. …………………………………………………………………………………...40 Section B. …………………………………………………………………………………...41 Section C. …………………………………………………………………………………...41 Section D. …………………………………………………………………………………...41 Section E. …………………………………………………………………………………...41 ARTICLE XVIII SPECIAL PAY ..................................................................................... 41 Section A. ACTING PAY ........................................................................................... 41 Section B. CALL-BACK PAY ..................................................................................... 41 Section C. BILINGUAL PAY ...................................................................................... 42 ARTICLE XIX LAYOFFS ............................................................................................ 42 Section A. LAYOFF PROCEDURE ........................................................................... 42 Section B. RE-EMPLOYMENT LIST ......................................................................... 43 Section C. DEFINITIONS .......................................................................................... 43 ARTICLE XX PERSONNEL FILES ........................................................................... 44 Section A. …………………………………………………………………………………...44 Section B. …………………………………………………………………………………...44 Section C. …………………………………………………………………………………...45 ARTICLE XXI EMPLOYEE GRIEVANCES ................................................................ 45 Section A. DEFINITIONS .......................................................................................... 45 Section B. TIMELINESS ........................................................................................... 46 iv ACEA MOU 20241 – 20274 Section C. EMPLOYEE REPRESENTATION ........................................................... 46 Section D. INFORMAL GRIEVANCE PROCEDURE ................................................ 46 Section E. FORMAL GRIEVANCE PROCEDURE .................................................... 46 Section F. APPEAL TO HUMAN RESOURCES COMMISSION ............................... 48 ARTICLE XXII DISCIPLINARY ACTIONS .................................................................. 52 Section A. SUSPENSION, SALARY REDUCTION, DEMOTION AND DISMISSAL . 52 Section B. NOTIFICATION AND APPEAL PROCEDURE ........................................ 52 Section C. SALARY REDUCTION ............................................................................ 53 Section D. UNAUTHORIZED ABSENCE .................................................................. 53 ARTICLE XXIII DISCIPLINARY ACTIONS – FULL-TIME AND PART-TIME BENEFITED UNCLASSIFIED EMPLOYEES ................................................................ 53 ARTICLE XXIV FULL UNDERSTANDING................................................................... 55 Section A. …………………………………………………………………………………...55 Section B. …………………………………………………………………………………...55 2024 – 2027 NEGOTIATION TEAMS ........................................................................... 56 1 ACEA MOU 20241 – 20274 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 Administrative Assistant (1 assigned to Human Resources) Assistant City Clerk Assistant Engineer Assistant Planner Associate Civil Engineer Associate Planner City Clerk Technician Code Services Supervisor Deputy City Clerk Librarian I & II Principal Librarian Public Works Customer Service/Administrative Supervisor Revenue Collection Specialist Senior Civil Engineer Senior Building Inspector Senior Library Technician Senior Planner 2 ACEA MOU 20241 – 20274 General Employee Unit Accounting Technician I & II Administrative Assistant Building Inspector 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 Office Coordinator Plans Examiner Public Works Inspector Office Coordinator Recreation Coordinator Senior Building Technician Senior Engineering Assistant Senior Accounting Technician Senior Administrative Assistant Senior Citizens Program Specialist Senior Citizens Project Specialist Senior Code Services Officer Senior Fire Prevention Specialist Senior Public Works Inspector Utility Billing 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, 4401 Atlantic Ave, Suite 200, Long Beach, CA 90807100 Oceangate, Suite 1200, Long Beach CA 90802. 3 ACEA MOU 20241 – 20274 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, 20241 and ending June 30, 20274. 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 20241 – 20274 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 20241 – 20274 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. 2.1. 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 Public Works Servicesthe City Service Center at a location approved by the Department AdministratorDirector, or City Manager. 6 ACEA MOU 20241 – 20274 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 Director 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 Director or designee, to state the purpose of their visit and which location they will be visiting; and 2.The Human Resources Administrator Director 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 Director 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 ACEA will have a total of 73 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 Director in writing of the names of the 7 Association Stewards. 7 ACEA MOU 20241 – 20274 2.The 73 Stewards who are authorized to represent the Confidential/Supervisory/ Professional employees and the 4 Association Stewards who are authorized to represent the General employees 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 AdministratorDirector, 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 DivisionDepartment. 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 Director 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 AdministratorDirector. 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 8 ACEA MOU 20241 – 20274 employment within the scope of negotiations. Upon written notice from the Association outlining the area(s) of concern, together with the Association's proposal, the City will meet and confer on those matters that are within the scope of negotiations. In addition, the City shall mail to the Association and the chief shop steward a copy of the agendas for each City Council and/or Human Resources Commission meeting. 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 ACEA base salaries of classifications covered by this MOU as follows: in the amount of 3% effective July 1, 2021, 3% effective July 1, 2022, and 4% effective July 1, 2023. •Effective the beginning of the pay period containing July 1, 2024: 7% •Effective the beginning of the pay period containing July 1, 2025: 6% •Effective the beginning of the pay period containing July 1, 2026: 5% The salary schedules for classifications covered by this MOU are set forth on Exhibit A and incorporated herein. Retro increases will be given 9 ACEA MOU 20241 – 20274 only to those unit members on City payroll as of the date of ratification of this agreement. 2.In addition, ACEA will be given a one-time non-PERSable bonus of $79,000 to be distributed to ACEA employees. Actual distribution amounts for each employee shall be determined by the ACEA. The Association shall indemnify, defend, and hold the City harmle ss from and against all claims and liabilities as a result of implementing the terms of the one-time non-PERSable bonus.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. 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. Future step increases for promotions will follow Section D. “Advancement Through Steps” below. 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 Sstep A in a classification not previously held by the employee: 10 ACEA MOU 20241 – 20274 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 anthe applicable 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 Employees will advance in their rates of compensation two steps (approximately 5 .0%) on their anniversary step increase eligibility date upon receiving a satisfactory performance evaluation. Employees starting service at Step A in a new classification, whether newly hired or promoted, will be eligible for a step increase consideration at 6 months of service in their new classification. If a step increase is granted at 6 months, the next step increase consideration will be 12 months from this date and annually thereafter. Employees starting service at any other salary step in a new classification, whether newly hired or promoted, will be eligible for a step increase consideration at 12 months of service in their new classification and annually thereafter. 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 $0.93 per pay period 6.Third level 1959 Survivors Benefit allowance (Government Code §21573) 11 ACEA MOU 20241 – 20274 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 §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: 12 ACEA MOU 20241 – 20274 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 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: 13 ACEA MOU 20241 – 20274 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 CALalPERS 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 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: 14 ACEA MOU 20241 – 20274 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 (457 PLAN) Employees may elect to allocate salary to the City’s 457 Pre-Tax Contribution Plan on a pre-tax basis and/or the newly available Roth Contribution Plan, 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 Director may require an employee(s) to work at any time other than during regular working hours until such work is completed. Represented eEmployees required to be in a work statuswork beyond 40 hours in a designated FLSA periodwork 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, except when temporary adjustments (“flexing hours”) are made within the designated FLSA period by mutual agreement between the employee and their Department. For purposes of FLSA 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 Director 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 FLSA work weekperiod, the employee shall be paid at the rate of time and one-half the employee's regular rate of pay. This does not apply to classes or other functions which the employee voluntarily attends. The Department Administrator Director or City Manager may permit an employee to take compensatory time in lieu of paid overtime. With Department Administrator Director 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. 15 ACEA MOU 20241 – 20274 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 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 16 ACEA MOU 20241 – 20274 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 AB. LONGEVITY PAY Effective the beginning of the pay period containing July 1, 2024, a A Longevity Pay benefit will be implemented based on the following formula: Completed Years of Continuous Service Amount Per Pay Period 5 - 9 Yrs 10 - 14 Yrs 15+ - 19 Yrs 20+ Yrs $5042.02 $7663.04 $10084.06 $230.77 The Longevity Pay benefit is effective the pay period an employee completes 5, 10, or 15, or 20 years of continuous PERSable employment with the City. The foregoing amounts shall be subject to applicable payroll deductions. Permanent (Benefited) 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 Director and Human Resources AdministratorDirector, 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 City Manager or their designee may grant 17 ACEA MOU 20241 – 20274 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 (Benefited) 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 must be obtained from the immediate supervisor or Department HeadDirector. 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 Director consistent with the administrative policy. 18 ACEA MOU 20241 – 20274 Any employee authorized to use a personal vehicle must maintain an insurance policy meeting the standards established by the City Manager. ARTICLE XI HEALTH, DENTAL AND LIFE INSURANCE Section A. CONTRIBUTION FOR EMPLOYEES HIRED BEFORE SEPTEMBER 17, 20247/1/2021 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 Public Employees’ Medical and Hospital Care Act (PEMHCA) minimum employer contribution required pursuant to Government Code §22892(b) (“PEMHCA Minimum Contribution”) per month per employee for health insurance. The PEMHCA minimum is included within the City’s contribution. For employees hired before September 17, 2024, the City shall provide a maximum contribution inclusive of the PEMHCA Minimum and Dental Contribution, up to the following amounts, effective July 1, 2024: Employee Only: $1,072/month Employee +1 Eligible Dependent: $1,400/month Employee +2 or More Eligible Dependents (Family): $1,800/month 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.a. Those employees who qualify to receive cash as taxable income and who subsequently reduce their cash-in-lieu amount 19 ACEA MOU 20241 – 20274 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. 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. c.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. d.b. 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. e.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: Effective as soon as practical with the insurance carrier, Tthe City shall provide a $7525,000 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 6.1. 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 20 ACEA MOU 20241 – 20274 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. Section B. CONTRIBUTION FOR EMPLOYEES HIRED ON OR AFTER SEPTEMBER 17, 20247/2/2021 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 Public Employees’ Medical and Hospital Care Act (PEMHCA) minimum employer contribution required pursuant to Government Code §22892(b) (“PEMHCA Minimum Contribution”) per month per employee for health insurance. The PEMHCA minimum is included within the City’s contribution. For employees hired on or after September 17, 2024, the City shall provide a maximum contribution, which is inclusive of the PEMHCA Minimum and Dental Contribution, up to the following amounts, effective October 1, 2024: Employee Only: $866/month Employee +1 Eligible Dependent: $1,400/month Employee +2 or More Eligible Dependents (Family): $1,800/month 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, iIf the City’s contribution exceeds the cost of the employee’s elected only coverage (e.g. Employee Only, Employee +1, Family), the difference shall be contributed toward the cost of 21 ACEA MOU 20241 – 20274 dependent coverage. Nno 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: Effective as soon as practical with the insurance carrier, Tthe City shall provide a $7525,000 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 Section C. CASH IN LIEU OF COVERAGE OR CASH FOR EXCESS CONTRIBUTIONS 1.Excess Contributions for Employees Hired Before July 1, 2021. 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, iIf the City’s contribution, up to a maximum of $1,072/month, exceeds the cost of the employee’s elected only coverage (e.g. Employee Only, Employee +1, Family), the difference shall be contributed toward the cost of dependent coverage or to the employee in cash as taxable income. 22 ACEA MOU 20241 – 20274 a.Those employees hired before July 1, 2021, 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 hired before July 1, 2021, 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 hired before July 1, 2021, who dodid 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 forto receive cash-in-lieu. 1.2. Cash In Lieu of City Coverage for Circumstances Under Which an Employees Hired Before July 1, 2021.7/1/2021, Can Receive Cash in Lieu of City Coverage: An eEmployees isare required to carry one of the City’s designated medical plans unless they opt out. An eEmployees hired before July 1, 20217/1/2021 may receive cash-in-lieu subject to the provisions in Section A, 1 for opting out of the City’s designated medical plans, up to a maximum of $1,072/month, 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 employees 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 C.1 above, and subject to the limitations enumerated in Section C.1.-c., to be taken as taxable income. 3.Employees hired after July 1, 2021, shall not be eligible to receive cash in lieu of benefits nor for excess contributions above their enrollment elections. 23 ACEA MOU 20241 – 20274 Section CD. PERMANENT (BENEFITED) PART-TIME EMPLOYEES HIRED BEFORE 7/1/2021 The City shall provide permanent (benefited) part-time employees in a classification represented by this Agreement with the following contributions: 1.CalPERS Health Program: The City will contribute the Public Employees’ Medical and Hospital Care Act (PEMHCA) minimum employer contribution required pursuant to Government Code §22892(b) (“PEMHCA Minimum Contribution”) per month per employee for health insurance. The PEMHCA minimum is included within the City’s contribution. Effective July 1, 2024, the City shall provide a maximum contribution inclusive of the PEMHCA Minimum and Dental Contribution, up to the following amounts: Employee Only: $536/month Employee +1 Eligible Dependent: $700/month Employee +2 or More Eligible Dependents (Family): $900/month 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.a.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. 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. 24 ACEA MOU 20241 – 20274 c.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. d.b. 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. e.c. 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: Effective as soon as practical with the insurance carrier, Tthe City shall provide a $7525,000.00 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 Cove red California) 25 ACEA MOU 20241 – 20274 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. Section DE. CASH IN LIEU OF COVERAGE OR CASH FOR EXCESS CONTRIBUTIONS FOR PERMANENT (BENEFITED) PART-TIME EMPLOYEES HIRED ON OR AFTER 7/2/2021 1.Excess Contributions for Employees Hired Before July 1, 2021. 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, iIf the City's contribution, up to a maximum of $536/month, exceeds the cost of the employee’s only elected coverage (e.g. Employee Only, Employee +1, Family), the difference shall be contributed toward the cost of dependent coverage or to the employee in cash as taxable income. a.Those employees hired before July 1, 2021, 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. a.c. Employees hired before July 1, 2021, 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 to receivefor cash-in-lieu. 2.Cash In Lieu of City Coverage for Circumstances Under Which an Employees Hired Before July 1, 2021.7/1/2021, Can Receive Cash in Lieu of City Coverage: An eEmployees isare required to carry one of the City’s designated medical plans unless they opt out. An employee hired before July 1, 2021,7/1/2021 may receive cash-in-lieu subject to the provisions in Section A, 1 for opting out of the City’s designated medical plans, up to a maximum of $536/month, during the annual open 26 ACEA MOU 20241 – 20274 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 E.1. above, and subject to the limitations enumerated in Section E.1.a.-c., to be taken as taxable income. 1.3. Employees hired after July 1, 2021, shall not be eligible to receive cash in lieu of benefits nor for excess contributions above their enrollment elections. 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 27 ACEA MOU 20241 – 20274 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. 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 . 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* 28 ACEA MOU 20241 – 20274 * 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. 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. 29 ACEA MOU 20241 – 20274 If Tthe Association becomes aware shall notify Human Resources in the event of the death of a retireed, the Association shall notify Human Resources 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 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 • Senior Public Works Inspector •Code Services Officer • Senior Code Services Officer • Code Services Supervisor •Building Inspector • Senior Building Inspector 30 ACEA MOU 20241 – 20274 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 •Senior 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: Engineering Assistant, Senior Engineering Assistant, Assistant Engineer, Associate Civil Engineer, Senior Civil Engineer, Building Inspector, Senior Building Inspector, Code Services Officer, Senior Code Services Officer, Code Services Supervisor, Fire Prevention Specialist, Senior Fire Prevention Specialist, Public Works Inspector, and Senior Public Works Inspector. For the term of this agreement only (July 1, 2024, through June 30, 2027), if the City and the Arcadia Public Works Employees’ Association (APWEA) agree to a higher maximum safety shoe allowance, the City shall increase ACEA’s safety shoe allowance by the same amount. 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. 31 ACEA MOU 20241 – 20274 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. 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 32 ACEA MOU 20241 – 20274 days, to notify the Human Resources Office Department 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, the City shall grant any and all Family Care and Medical Leaves as required by law. 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 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. 33 ACEA MOU 20241 – 20274 1.Accumulated vacation leave shall be granted at the discretion of the appointing power. 2.Effective the beginning of the pay period following Council adoption of this MOU, Vvacation may not be accumulated beyond the amount accumulable for a 3965 pay period basis (1.5 years’ worth of vacation). Upon initial implementation of the new, reduced, accumulation cap, the City will cash out to ACEA employees any vacation leave exceeding the new cap, plus an additional 40 hours as selected by individual ACEA employees. 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: Years of Service Accrual Rate Hours Per Year Accrued Max Accrual 0-4 years 3.07 hours 80 Hours 120200.00 5-9 years 4.61 hours 120 Hours 180300.04 10-14 years 5.23 hours 136 Hours 204340.02 15+ years 6.15 hours 160 Hours 240400.01 34 ACEA MOU 20241 – 20274 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 60100.10 5-9 2.31 60 90150.15 10-14 2.62 68 102170.30 15+ 3.07 80 120200.00 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. Effective for calendar year 2025 and every year thereafter: By December 31 (beginning in 2024) of each year, employees who wish to sell back vacation time must make an irrevocable election to cash out up to eighty (80) hours of vacation leave that will be earned in the following 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 parent, legal guardian, or a person who stood loco parentis 35 ACEA MOU 20241 – 20274 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); and/or, c.d.An employee may designate one additional person per 12-month period at the time the employee requests sick leave. 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, and an employee may designate one additional person per 12-month period at the time the employee requests sick leave. 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 4880 hours or 106 days, whichever is greater depending upon the employee’s regular scheduled workday, of accrued and unused sick leave will be reinstated. 36 ACEA MOU 20241 – 20274 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 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 4880 hours or 10 days. 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 10. Unused Sick Leave. 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. Employees hired before July 1, 2024, who retire with the City of Arcadia may convert any unused sick leave up to 1,500 hours into retirement service credits. Employees hired on or after July 1, 2024, who retire with the City of Arcadia may convert any unused sick leave up to 1,000 hours into retirement service credits. Section F. BEREAVEMENT LEAVE 37 ACEA MOU 20241 – 20274 Death In Family. 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. In accordance with Assembly Bill 1949, employees will be entitled to take up to five (5) days of unpaid bereavement leave for spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. Employees may use a combination of leave balances and paid bereavement leave specified in this paragraph. Reproductive Loss. In accordance with Senate Bill 848, employees who have worked for the City for at least 30 days and have suffered a reproductive loss event will be entitled to take up to five (5) days of unpaid protected leave. A reproductive loss event is defined as the day or, for a multi-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth or an unsuccessful assisted reproduction. The 5 days must be taken within three months of the event. Employees may use a combination of leave balances and paid bereavement leave specified in the paragraph above. 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) 38 ACEA MOU 20241 – 20274 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 Eve - December 24 Christmas Day - December 25, or New Year’s Eve - December 31 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 employees 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 ( 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 39 ACEA MOU 20241 – 20274 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 bank. Floating hHoliday bank 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 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. 40 ACEA MOU 20241 – 20274 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. 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 41 ACEA MOU 20241 – 20274 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/or who are not currently employed by the City in a permanent position shall be on probation for 12 months before attaining permanent status. Section C. Eligible candidates currently employed by the City in a permanent position and are appointed from a promotional or open competitive list shall be on probation for 6 months before attaining permanent status. Section D. Any pProbationary period may be extended for a oneup to six (6) months 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 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 employee 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, 42 ACEA MOU 20241 – 20274 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 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. 43 ACEA MOU 20241 – 20274 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 (benefited) 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. 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.Permanent Employee – Permanent fFull-time and permanent benefited part-time worker of the City of Arcadia who has been employed by the 44 ACEA MOU 20241 – 20274 City for 12 consecutive monthssuccessfully completed the applicable 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 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 OfficeDepartment. Supervisors may maintain working personnel files. If a supervisor maintains a working personnel file, copies of written material which is to be used as a basis for employee discipline shall be sent to the central personnel file and given to the employee. Copies of performance evaluations and/or disciplinary actions shall not be entered in the file, until the employee is given a copy and an opportunity to review and comment thereon. The employee shall be given an opportunity during working hours to initial, date, and file a written response to the material. The written response shall be attached to the material. Copies of letters of commendation and/or certificate of commendation from the City Council or City Manager shall be placed in the employee's personnel file. An employee or their designated representative 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. 45 ACEA MOU 20241 – 20274 Section C. WRITTEN REPRIMAND REVIEW The City agrees to a non-binding review of written reprimands for unit members employees by the Human Resources Administrator Director 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 Director – The department directorhead or designee. 4.Work day – A work day is any day the City offices are regularly open for business. 5.Exclusions from the Grievance Procedure: a.The procedure is not to be used for the purpose of changing wages, hours and working conditions. Allegations involving wages, hours and working conditions may thus be grieved only if the grievance involves a misapplication or misinterpretation of an express provision of the MOU or a City/Department Personnel Rules and Regulations. b.The procedure is not intended to be used to challenge the content of employee evaluations or performance reviews. Allegations that the City has failed to comply with an evaluation procedure set forth in a specific provision of the MOU and/or City/Department Personnel Rules and Regulations are grievable. c.The procedure is not intended to be used to challenge a reclassification, layoff, transfer, denial of reinstatement, or denial of a step or merit increase. Notwithstanding the above, if the process used to reach the foregoing decisions is not in compliance with an express provision of the MOU and/or City/Department Personnel Rules and Regulations, a grievance may be filed. d.The procedure is not intended to be used in cases of oral or written reprimand, demotion, suspension, removal or other disciplinary 46 ACEA MOU 20241 – 20274 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 HeadDirector. 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 with their 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. 47 ACEA MOU 20241 – 20274 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 Director 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 HeadDirector. The Department Head Director may require the employee and the immediate supervisor to attend a grievance meeting. The Department Head Director 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 Director If the employee is not in agreement with the decision reached by the Department HeadDirector, within 10 working days after receiving the Department HeadDirector’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 Director on the official City grievance form. The Human Resources Administrator Director may require the employee and the immediate supervisor to attend a grievance meeting. The Human Resources Administrator Director 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 Director or if the Human Resources Administrator Director 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 Director’s decision or 20 days from the date the Human Resources Administrator Director received the grievance but failed to issue a decision. 48 ACEA MOU 20241 – 20274 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 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. 49 ACEA MOU 20241 – 20274 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 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 50 ACEA MOU 20241 – 20274 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 Chair of the Human Resources Commission (“Chair”) shall announce the issues after a review of the statement of issues presented by each party. b.The grievant (employee) shall be permitted to make an opening statement. c.The respondent (City) shall be permitted to make an opening statement, or reserve an opening statement until presentation of its case. d.The grievant shall produce 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 51 ACEA MOU 20241 – 20274 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 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. 52 ACEA MOU 20241 – 20274 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 Director 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 HeadDirector. ARTICLE XXII DISCIPLINARY ACTIONS Section A. SUSPENSION, SALARY REDUCTION, DEMOTION AND DISMISSAL The appointing powers are vested with the right to discipline or to dismiss permanent employees as provided by this section. A permanent employee holding a position in the classified service shall be subject to suspension without pay, salary reduction, demotion or dismissed for cause. A permanent employee in the classified service shall have the right to appeal the suspension without pay, demotion, or dismissal to the Human Resources Commission. If the appeal is timely, filed, a hearing will be scheduled by the Human Resources Commission. Probationary employees are subject to demotion or dismissal without cause or right to a hearing. Section B. NOTIFICATION AND APPEAL PROCEDURE 53 ACEA MOU 20241 – 20274 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 Director 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. 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. 54 ACEA MOU 20241 – 20274 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 55 ACEA MOU 20241 – 20274 ARTICLE XXIV FULL UNDERSTANDING Section A. This Memorandum of Understanding and attached side-letters contains all the covenants, stipulations and provisions agreed upon by the parties and any other prior existing understanding or Agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. It is the intent of the parties that this Agreement be administered in its entirety in good faith during its full term. The Association recognizes that during such term it may be necessary for Management to make changes in rules or procedures affecting the employees in the unit and that the City will meet and confer as required by law, before implementing changes. For the life of this agreement it is agreed and understood that the Association hereto voluntarily and unqualifiedly waives its rights and agrees that the City shall not be required to meet and confer with respect to any subject or matter whether referred to or covered in this Agreement or not during the term of this Agreement. The parties may mutually agree in writing to meet and confer on any subject contained in this agreement during the life of this Agreement. Section B. The parties hereto have caused the Memorandum of Understanding to be executed this 17th day of September 2024. ARCADIA CITY EMPLOYEES ASSOCIATION Cara WilhelmAnabel Carrillo President CITY OF ARCADIA Dominic Lazzaretto City Manager 56 ACEA MOU 20241 – 20274 20241 -– 20274 NEGOTIATION TEAMS ACEA NEGOTIATION TEAMS CITY REPRESENTATIVES Margaret LindstromAnabel Carrillo, Member-at-LargePresident Jason Kruckeberg, Assistant City Manager/ Development Services Director Anabel CarrilloJohnathan Doojphibulpol, Vice PresidentTreasurer Henry ChenHue Quach, Interim Administrative Services Director Stevy Acevedo, Director Anely WilliamsShama Curian, Interim Human Resources AdministratorDirector Alicia Salce, DirectorTreasurer Sairy StepanianCecilia Todd, Senior Human Resources Analyst Jill PerumeanAli Doudar, SecretaryMember-At-Large Laura Drottz Kalty, LCW Attorney Cara WilhelmStephanie Pruhs, ACEA PresidentMember-At-Large Shelly PolifkaVictoria De Frank, ACEA Vice-PresidentCEA Attorney RESOLUTION NO. 7597 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR EMPLOYEES REPRESENTED BY THE ARCADIA FIRE FIGHTERS' ASSOCIATION ("AFFA") FOR JULY 1, 2024, THROUGH JUNE 30, 2027 THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approves that certain Memorandum of Understanding ("MOU") by and between the City of Arcadia and the Arcadia Fire Fighters' Association dated effective as of July 1, 2024, a copy of which is attached hereto. The City Manager is hereby authorized and directed to execute this Memorandum of Understanding on behalf of the City. The salary and benefits for employees represented by AFFA shall be those set forth in the MOU. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON THE NEXT PAGE] 1 Attachment No. 2 2 CITY OF ARCADIA AND ARCADIA FIRE FIGHTERS’ ASSOCIATION MEMORANDUM OF UNDERSTANDING JULY 1, 2024- JUNE 30, 2027 ii Contents ARTICLE I. ……………………………………………………………………….............1 Section A.PARTIES AND RECOGNITION ..................................................... 1 Section B.APPROPRIATE UNIT .................................................................... 1 Section C.MUTUAL RECOMMENDATION ..................................................... 1 ARTICLE II. ……………………………………………………………………….............1 Section A.TERM ............................................................................................. 1 Section B.MAINTENANCE OF BENEFITS ..................................................... 1 Section C.SAVINGS CLAUSE ........................................................................ 2 Section D.STATE AND FEDERAL LAWS ...................................................... 2 ARTICLE III.ASSOCIATION RIGHTS ..................................................................... 2 Section A.RIGHT TO JOIN ............................................................................. 2 Section B.USE OF BULLETIN BOARDS ....................................................... 2 Section C. NEW EMPLOYEE ORIENTATION ................................................ 2 Section D.ACCESS TO FACILITIES .............................................................. 3 Section E.REASONABLE NOTICE ................................................................ 3 ARTICLE IV.MANAGEMENT RIGHTS .................................................................... 4 ARTICLE V.COMPENSATION ............................................................................... 4 Section A.CLASSIFICATIONS/SURVEYS/STUDIES ..................................... 4 Section B.PROMOTION AND/OR ADVANCEMENT IN RATE OF COMPENSATION .......................................................................... 5 Section C.EDUCATIONAL INCENTIVE COMPENSATION............................ 6 Section D.STEP INCREASE PERCENTAGES .............................................. 7 Section E.FIRE PREVENTION BUREAU ASSIGNMENT .............................. 7 Section F.CAPTAIN II COMPENSATION....................................................... 7 Section G.ADMINISTRATIVE/TRAINING CAPTAIN COMPENSATION ........ 7 Section H.URBAN SEARCH AND RESCUE COMPENSATION (USAR) ....... 8 Section I.OUT OF RANK PARAMEDIC COMPENSATION .......................... 8 Section J.COMPANY OFFICER COMPENSATION ...................................... 8 Section K.SPECIAL ASSIGNMENT COMPENSATION ................................. 8 Section L.MOVIE DETAIL .............................................................................. 9 ARTICLE VI.OVERTIME .......................................................................................... 9 Section A.FAIR LABOR STANDARDS ACT ................................................... 9 iii Section B.MINIMUM CREDIT AND EMERGENCY RECALL ......................... 9 Section C.SHIFT EXCHANGES ................................................................... 10 Section D.EARLY RELIEF ............................................................................ 10 Section E.SHIFT SCHEDULE ...................................................................... 10 ARTICLE VII.LONGEVITY PAY .............................................................................. 11 ARTICLE VIII.RETIREMENT ................................................................................... 11 Section A.EMPLOYEES HIRED PRIOR TO JULY 1, 2011 .......................... 11 Section B.EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 BUT BEFORE OCTOBER 9, 2011 .............................................. 13 Section C.EMPLOYEES HIRED ON OR AFTER OCTOBER 9, 2011 OTHER THAN NEW CALPERS MEMBERS................................ 14 Section D.NEW CALPERS MEMBERS HIRED AFTER JANUARY 1, 2013 ....................................................................... 16 ARTICLE IX.RETIREE MEDICAL .......................................................................... 17 Section A.RETIREE MEDICAL– EMPLOYEES HIRED PRIOR TO JULY 1, 2011 ............................................................................... 17 Section B.RETIREE MEDICAL FOR EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 .................................................................. 19 Section C.RETIREE MEDICAL TRUST ......................................................... 19 ARTICLE X.HEALTH, DENTAL, VISION, LIFE INSURANCE, AND DEFERRED COMPENSATION ............................................................................. 20 Section A.CONTRIBUTIONS ....................................................................... 20 ARTICLE XI.DISABILITY INCOME INSURANCE .................................................. 22 ARTICLE XII.UNIFORMS ....................................................................................... 23 Section A.UNIFORM SUPPLY ..................................................................... 23 Section B.UNIFORM REPLACEMENT PROGRAM ..................................... 23 Section C.SAFETY SHOES .......................................................................... 23 Section D.RETURN OF UNIFORMS ............................................................ 23 Section E.UNIFORM REPORTING .............................................................. 23 ARTICLE XIII.TUITION ADVANCEMENT/ REIMBURSEMENT .............................. 24 ARTICLE XIV.LEAVES ............................................................................................ 25 Section A.POWER TO GRANT LEAVES ..................................................... 25 Section B.MILITARY LEAVE ........................................................................ 26 Section C.VACATION LEAVE ...................................................................... 26 Section D.SICK LEAVE ................................................................................ 28 iv Section E.BEREAVEMENT LEAVE ............................................................. 30 Section F.WORKERS' COMPENSATION .................................................... 31 Section G.HOLIDAYS ................................................................................... 31 Section H.JURY LEAVE ............................................................................... 32 Section I.WITNESS LEAVE ........................................................................ 32 Section J.UNAUTHORIZED ABSENCE....................................................... 32 Section K.UNION LEAVE ............................................................................. 32 ARTICLE XV.PROBATIONARY PERIOD ............................................................... 32 Section A. .......................................................................................................... 32 Section B. .......................................................................................................... 33 Section C. .......................................................................................................... 33 Section D. .......................................................................................................... 33 ARTICLE XVI.EMT-1 CERTIFICATION ................................................................... 33 ARTICLE XVII.NO SMOKING POLICY ..................................................................... 33 ARTICLE XVIII.RESPONSE TIME ............................................................................. 34 ARTICLE XIX.STAFFING ......................................................................................... 34 Section A.DAILY STAFFING LEVELS ......................................................... 34 Section B.STRIKE TEAM REST PERIOD .................................................... 35 ARTICLE XX.WELLNESS PROGRAM ................................................................... 35 ARTICLE XXI.EMPLOYEE GRIEVANCES .............................................................. 35 Section A.DEFINITIONS .............................................................................. 35 Section B.EXCLUSIONS FROM THE GRIEVANCE PROCEDURE ............ 35 Section C.TIMELINESS ................................................................................ 36 Section D.EMPLOYEE REPRESENTATION ................................................ 36 Section E.INFORMAL GRIEVANCE PROCEDURE ..................................... 36 Section F.FORMAL GRIEVANCE PROCEDURE ........................................ 36 Section G.APPEAL TO HUMAN RESOURCES COMMISSION ................... 38 ARTICLE XXII.FULL UNDERSTANDING ................................................................. 43 Section A. .......................................................................................................... 43 Section B. .......................................................................................................... 43 2024 – 2027 NEGOTIATION TEAMS .......................................................................... 44 1 AFFA MOU 2024 – 2027 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 Firefighters' Association, a formally recognized employee organization, hereinafter referred to as the "Association", pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code §§3500 et. seq.). Section B. APPROPRIATE UNIT The classifications covered by this agreement are: •Firefighter •Firefighter Paramedic •Fire Engineer •Fire Captain Section C. MUTUAL RECOMMENDATION This Memorandum of Understanding constitutes a mutual recommendation to be presented to the Association members for ratification, and to the City Council for adoption. 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 for the period beginning July 1, 2024 and ending on June 30, 2027. Section B. MAINTENANCE OF BENEFITS For the term of this MOU, all currently effective provisions of the City Council, including ordinances, resolutions, mini-resolutions and budgets relating to any mandatory item of the meet and confer process shall remain in effect as currently administered except as modified by this Agreement. 2 AFFA MOU 2024 – 2027 Section C. SAVINGS CLAUSE If any provision or the application of any provision of this Agreement as implemented should be rendered or declared invalid by any final court action or decree or by reasons of any preemptive legislation, such provision shall be deemed stricken from the Agreement, and any right, benefit or obligation conferred by that provision shall be discontinued. The remaining Sections of this Agreement shall remain in full force and effect for the duration of said Agreement. Section D. STATE AND FEDERAL LAWS The City and Association agree to abide by all State and Federal laws relating to employer-employee relations and employee benefits, and perceived infractions shall not be a grievous offense, but must be pursued through proper legal channels. ARTICLE III. ASSOCIATION RIGHTS Section A. RIGHT TO JOIN The City and the Association recognize the right of the employees to form, join and participate in lawful activities of employee organizations and the equal alternative right of employees to refuse to join or participate in employee organization activities. Section B. USE OF BULLETIN BOARDS The City shall provide for the Association's use designated bulletin boards where employees in the bargaining unit have access during regular business hours subject to the following conditions: 1. All postings for bulletin boards must contain the date of posting and the identification of the organization; and 2. The Association will not post information that is defamatory, derogatory, or obscene subject to the immediate removal of the right to post for a period not to exceed 90 days. Section C. NEW EMPLOYEE ORIENTATION 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 3 AFFA MOU 2024 – 2027 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. 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 AFFA. The City shall deduct dues on a regular payroll basis for employees represented by the AFFA following receipt of written notice from AFFA that written authorization has been provided to the Association by the employee. If an AFFA 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. Section D. ACCESS TO FACILITIES All Association business will be conducted by employees and Association representatives outside of established work hours whenever possible. Nothing herein shall be construed to prevent an Association representative or an employee from contacting the Human Resources Director or other Management representatives regarding personnel related matters during work hours. The authorized representative shall be given access to work locations during working hours provided that prior to visiting any work location the Association representative shall: 1. Contact the Human Resources Director, the Fire Chief, or their designee, to state the purpose of the visit; and 2. The Human Resources Director, the Fire Chief, or their designee determines that such visit shall not interfere with the operations of the department. Section E. REASONABLE NOTICE It is mutually understood and agreed that a copy of the City Council and/or Human Resources Commission agenda for each meeting emailed to three authorized representatives of the Association shall constitute reasonable written notice of any opportunity to meet with such agencies, on all matters within the scope of representation upon which the City Council or Human 4 AFFA MOU 2024 – 2027 Resources Commission may act. The Association shall provide the Human Resources Director with the names and addresses of the 3 authorized representatives within 5 days of the effective date of this agreement. Changes of authorized representatives shall be in writing and may be submitted on an as needed basis. Article IV. MANAGEMENT RIGHTS Except as limited by the specific and express terms of this Agreement, the City hereby retains and reserves unto itself all rights, powers, authority, duty and responsibilities confirmed on and vested in it by the laws and the constitution of the State of California, the Charter of the City of Arcadia and/or the laws and Constitution of the United States of America. The management and the direction of the workforce of the City is vested exclusively in the City, and nothing in this Agreement is intended to circumscribe or modify the existing rights of the City to direct the work of its employees; hire, promote, demote, transfer, assign, staff and retain employees in positions within the City, subject to the Personnel Rules and Regulations of the City; suspend or discharge employees for proper cause; maintain the efficiency of governmental operations; relieve employees from duties for lack of work or other good reason; take action as may be necessary to carry out the City's mission and services in emergencies; and to determine the methods, means and personnel by which the operations are to be carried out. Article V. COMPENSATION Section A. CLASSIFICATIONS/SURVEYS/STUDIES The City agrees to increase AFFA base salaries of classifications covered by this MOU as follows: x Effective the beginning of the pay period containing July 1, 2024: 7% x Effective the beginning of the pay period containing July 1, 2025: 6% x Effective the beginning of the pay period containing July 1, 2026: 5% The salary schedules for classifications covered by this MOU are set forth on Exhibit “A” and incorporated herein. EMT is included in AFFA’s base pay. Therefore, in the event the City conducts another compensation study in the future, the City agrees to include EMT Bonus Pay of the surveyed cities as a component of base pay. 5 AFFA MOU 2024 – 2027 Should a Labor Market Survey be conducted, it would include fire service salary data for the County of Los Angeles, and the cities of Alhambra, Burbank, Downey, Monrovia, Monterey Park, Pasadena, Glendale and West Covina. The classifications Firefighter and Fire Captain are benchmark classes within the survey. Section B. PROMOTION AND/OR ADVANCEMENT IN RATE OF COMPENSATION Promotion. When an employee is promoted, the pay shall advance to the lowest step in such higher range that will provide not less than approximately a 5% increase in compensation unless the top step in such range provides less than that amount. The 5% shall be measured by the salary from which the employee is promoted. When an employee is promoted to a higher classification, the date of promotion shall be used in determining the date of future step increases. Future step increase considerations for promotions will follow “Advancement Through Steps” below. Any salary increases from promotions or new hires shall continue to be received in accordance with the AFFA Memorandum of Understanding and City Rules and Regulations. These increases shall take place on their hire date or their appointment/promotion date. Advancement Through Steps. 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 in a new classification not previously held by the employee at Step A: Step A to Step C: 6 months All other Steps: 12 months A salary step advancement at 6 months will be determined upon satisfactory performance evaluation and shall not imply automatic passing of probation at the end of the applicable probationary period. Salary step advancements are not assured. Any step advancement may be withheld or delayed by the appointing authority if the employee’s performance does not merit such advancement. Employees will advance in their rates of compensation two steps (approximately 5%) on their step increase eligibility date upon receiving a satisfactory performance evaluation. 6 AFFA MOU 2024 – 2027 Employees starting service at Step A in a new classification, whether newly hired or promoted, will be eligible for a step increase consideration at 6 months of service in their new classification. If a step increase is granted at 6 months, the next step increase consideration will be 12 months from this date and annually thereafter. Employees starting service at any other salary step in a new classification, whether newly hired or promoted, will be eligible for a step increase consideration at 12 months of service in their new classification and annually thereafter. Section C. EDUCATIONAL INCENTIVE COMPENSATION Qualified employees who possess an Associate of Arts degree, shall receive an additional 2.5% as their regular salary. Employees who possess a Bachelor of Arts or Science degree shall receive an additional 5% as their regular salary. Employees shall qualify for the Education Incentive Compensation increases when they have been awarded a degree in a field closely related to their job duties. Typical fields of specialization include Fire Science, Fire Administration, Management, Business Administration, Psychology, Sociology, Nursing, Allied Health, Emergency Medical Services, and Public Administration. Other areas of specialization will be considered when they are of direct benefit to the City with the approval of the Fire Chief and Human Resources Director. An employee who does not possess a degree, but has 60 or more college units acceptable to a college or university which is accredited by the California Department of Education towards a Baccalaureate degree and has completed a minimum of 20 units in fire related courses acceptable to an accredited California Junior College towards an Associate of Arts Degree in Fire Science, Fire Administration, Emergency Medical Services or related degree shall receive an additional 2.5% as their regular salary. Degrees shall be granted by colleges and universities which are fully accredited in the state of California. Employees who qualify for any step advancement based on education shall provide to the Fire Chief a copy of their transcript which demonstrates that qualified units were achieved, or the notation of the degree received. The copy of the transcript will become part of the individual’s personnel file. 7 AFFA MOU 2024 – 2027 Section D. STEP INCREASE PERCENTAGES The parties acknowledge that the percentages between steps shall be as close to 2.5% as the payroll computer's capability allows. Section E. FIRE PREVENTION BUREAU ASSIGNMENT Fire suppression personnel assigned to the Fire Prevention Bureau shall receive $69.23 per pay period in addition to their base salary. Thereafter, the Fire Chief shall set the stipends for this assignment on an annual basis no less than the current MOU provision. Non-shift (40-hour workweek) Firefighter personnel assigned to the Fire Prevention Bureau as a Deputy Fire Marshal shall be paid at the same salary range as Fire Captain. In accordance with the provisions of the Fair Labor Standards Act, this additional compensation shall be added to base pay for the computation of overtime for the positions mentioned above. Employees assigned to the Fire Prevention Bureau on a modified work basis (temporary or permanent assignment) due to either an on-the-job or off-the- job illness or injury shall not receive the additional assignment pay. Employees regularly assigned to the Fire Prevention Bureau, who are injured or ill and thereafter return to the assignment on a modified work basis, shall not lose their assignment pay. Section F. CAPTAIN II COMPENSATION Except as provided hereinafter, a Fire Captain assigned by the Fire Chief to be in command of a Truck Company shall be appointed to Fire Captain II. Fire Captains shall perform administrative duties while assigned as Captain II. A Fire Captain assigned by the Fire Chief to serve as Fire Captain II shall receive 5% in addition to their base salary during the period of the assignment as Captain II. Section G. ADMINISTRATIVE/TRAINING CAPTAIN COMPENSATION A Fire Captain with a Bachelors’ Degree, assigned by the Fire Chief to be an Administrative/Training Captain shall receive $260 per pay period in addition to their base salary during the period of the assignment as the Administrative Captain. A Fire Captain with an Associate Degree or equivalent, assigned by the Fire Chief to be an Administrative/Training Captain shall receive $255 per pay 8 AFFA MOU 2024 – 2027 period in addition to their base salary during the period of the assignment as the Administrative Captain. Effective the beginning of the pay period starting July 1, 2024, any Fire Captain assigned by the Fire Chief to be an Administrative/Training Captain shall receive $1,300 per month in addition to their base salary during the period of the assignment as the Administrative Captain. Section H. URBAN SEARCH AND RESCUE COMPENSATION (USAR) Any represented employee who meets the State Office of Emergency Services minimum training standards for Type I Urban Search and Rescue shall receive $104.00 per pay period in addition to their base salary. Section I. OUT OF RANK PARAMEDIC COMPENSATION A represented employee who is not assigned as a Firefighter/Paramedic and maintains their Paramedic Certification shall receive $50 per pay period in addition to their base salary. Effective the beginning of the pay period containing July 1, 2024, this compensation shall increase to $1,150/month. Section J. COMPANY OFFICER COMPENSATION Effective the beginning of the pay period following Council adoption of this MOU, employees who possess a valid Company Officer Certification (also referred to as Fire Officer Certification- terms used interchangeably) issued by the State Fire Marshal’s Service or have successfully completed the required coursework to obtain the Certification shall receive $150 per month in addition to their base salary. Employees must provide proof of possession of the Company Officer Certification or completion of all the required coursework, with verification from the Fire Chief, in order to obtain the additional compensation. Employees who receive this additional compensation based on coursework completion must obtain the Company Officer Certification within the timeframe specified in the classification specification when promoting into a classification that requires this Certification in order to continue to receive the additional compensation. Employees who do not obtain the Company Officer Certification within the specified timeframe shall lose the additional compensation immediately upon reaching the time threshold. Section K. SPECIAL ASSIGNMENT COMPENSATION Effective the beginning of the pay period following Council adoption of this MOU, the maximum number of employees represented by this Agreement 9 AFFA MOU 2024 – 2027 who perform special assignments as identified by the Fire Chief shall increase from 10 to 12 and compensation for special assignments shall increase from $25 per pay period to $200 per month. These positions shall include the following: Maintenance Coordinator, Communications Coordinator, Paramedic Coordinator, SCBA Coordinator, (3) Shift Arson Investigator, (3) Background Investigator. In addition, Ambulance Operator Coordinator and DMV Coordinator shall be added as eligible assignments effective the beginning of the pay period following Council adoption of this MOU. No employee shall be compensated for performing more than one of these positions. Section L. MOVIE DETAIL Employees represented by this Agreement shall be compensated at the top step of the Fire Captain BA hourly rate, with a 6-hour minimum at time and one half for all movie detail worked. In the event of a Movie Detail Cancellation, Arcadia Fire Departmental Policy number 110.1 “Movie Detail Cancellations” will be followed. Article VI. OVERTIME The Fire Chief may require employees in the Fire Department to work at any time other than during regular working hours until such work is accomplished. Section A. FAIR LABOR STANDARDS ACT For periods of time that the Fair Labor Standards Act applies to employees in classifications covered by this Agreement, any such employee who is required to work in excess of the standard hours established by the Act (currently 192 hours in a 24-day period) shall be compensated at the rate of time and one-half the employee's regular rate of pay, provided the employee is not otherwise exempt. Computation of overtime and payment for overtime shall comply with the Department of Labor regulations. Except as provided hereinafter, for purposes of overtime calculation, all paid leaves of absence shall be regarded as hours worked, except sick leave. Sick leave will be regarded as hours worked for any member of this unit with 25 years of service or more with the City of Arcadia. No overtime credit shall be allowed for any period less than one-quarter hour. Section B. MINIMUM CREDIT AND EMERGENCY RECALL No overtime credit shall be allowed for any period less than one-quarter hour, provided that an employee who is recalled back to work after completing a 10 AFFA MOU 2024 – 2027 day's work, including any overtime, shall receive a minimum credit of one hour at time and one-half at their hourly rate. Emergency Recall for sworn classifications shall receive a minimum credit of 2 hours overtime at the employee's hourly rate. This also includes members who have reported for duty under normal hiring procedures. Section C. SHIFT EXCHANGES Unit employees may voluntarily trade shifts among themselves. While the employees’ supervisors must approve the shift trade in writing, no supervisor will require, reward or otherwise compel employees to trade shifts. An employee may refuse to participate in any shift trade without explanation. Supervisors establish the employees’ schedules to meet the needs of the Department and therefore, shift trading is exclusively for the employees’ convenience. A shift trade under this article results in 1 employee working the shift of another employee or a portion thereof. Both employees will be paid their regular wages for the workweek in which the shift occurred. The employee working the extra shift will receive no overtime compensation for doing so. The employee whose shift was worked by another employee will not forfeit any compensation as a result of the trade. Section D. EARLY RELIEF The practice of “early shift relief” shall be voluntary on behalf of each employee involved in the relief. The employee providing the early relief shall not have compensable hours decreased as a result of the early relief. “Paybacks” of early relief hours are the sole obligation of the two employees involved in the early relief. Any dispute shall be resolved by the involved employees in the early relief, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned to other duties. When early relief is requested by the department, the employee will be compensated following current FLSA overtime procedures. Section E. SHIFT SCHEDULE For periods of time that the Fair Labor Standards Act applies to employees in classifications covered by this Agreement, any such employee who is required to work in excess of the standard hours established by the Act (192 hours in a 24-day period, subsection 7(k) FLSA) shall be compensated at the rate of time and one-half the employee’s regular rate of pay, provided that the 11 AFFA MOU 2024 – 2027 employee is not otherwise exempt. Computation of overtime and payment for overtime shall comply with the Department of Labor regulations. Except as provided hereinafter, for purposes of overtime calculations, all paid leaves of absence shall be regarded as hours worked, except sick leave. Sick leave will be regarded as hours worked for any member of this unit with 25 years of service or more with the City of Arcadia. No overtime credit shall be allowed for any period less than one-quarter hour. Article VII. LONGEVITY PAY Effective the beginning of the pay period containing July 1, 2024, Longevity Pay will be increased based on the following formula: Completed Years of Continuous Service Amount/Pay Period 5-9 Years $92.31 10-14 Years $138.46 15-19 Years $184.62 20+ Years $369.23 The Longevity Pay benefit is effective the pay period an employee completes 5, 10, 15, or 20 years of continuous PERSable employment with the City. The foregoing amounts shall be subject to applicable payroll deductions. Article VIII. RETIREMENT Section A. EMPLOYEES HIRED PRIOR TO JULY 1, 2011 The City contracts with the State of California Public Employees’ Retirement System (CalPERS) for the classifications of Firefighter, Firefighter Paramedic, Fire Engineer, and Fire Captain. The plan shall include the following options: 1. 3% at age 50 retirement formula (Government Code §21362.3). 2. Single highest year final compensation Government Code §20042). 3. Post Retirement Survivor Continuance. 4. Credit for unused sick leave (Government Code § 20965). 5. 1959 Survivors Benefit for which each employee contributes $0.93 per pay period. 12 AFFA MOU 2024 – 2027 6. Fourth level 1959 Survivors Benefit increased allowance (Government Code §21574). 7. Military service credit as public service option (Government Code § 21024). It is agreed and understood that the employee is responsible for paying for this benefit. 8. The City agrees to allow members to participate in a pre-tax payroll deduction plan for service credit purchases. 9. Provided the employee signs a waiver releasing and holding the City harmless from any liability whatsoever, the City agrees to allow members to use funds from their deferred compensation (457 Plan) towards the pre-tax payroll deduction plan for service credit purchases. 10. Special compensation items shall be reported to CalPERS in accordance with applicable law. 11. Employees agree to make contributions to offset a portion of the City’s costs related to CalPERS retirement benefits. The employee cost-sharing will be accomplished through pre-tax deductions in the manner contemplated by Government Code §20516(f). The parties recognize that the IRS has yet to take a position on the pre-tax status of deductions made under §20516(f) and in the event that, subsequent to the effective date of this provision, the IRS determines that such deductions do not qualify for pre-tax status, the parties agree to meet and discuss the effects thereof. The cost-sharing arrangement will be implemented as below. 12. Employees will continue to pay 9% of PERSable compensation for CalPERS retirement. Employees will also continue to contribute the additional cost share amount equal to 3% of compensation earnable towards the employer PERS contribution. The cost share amount is separate from, and in addition to, the 9% required member contribution. 13. The City shall continue to pay the full cost of the employees’ normal member contribution to CalPERS of 9% (EPMC) and shall continue to report that as additional compensation pursuant to Government Code §20636(c)(4). Further, said amount will be allocated to the employee’s retirement account. 14. The Pre-Retirement Option 2W Death Benefit (Government Code §21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional Benefits), employees agree to cost share this benefit with the City through pre-tax deductions in the manner contemplated by §20516(f) of the Government Code. The parties recognize that the IRS has yet to take a position on the pre-tax status of deductions made under §20516(f) and in 13 AFFA MOU 2024 – 2027 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 0.22%. the cost sharing arrangement will be implemented as follows: a. Employees will pay 0.11% of PERSable compensation to CalPERS retirement via payroll deduction; and the City will pay 0.11% 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 of Firefighter, Firefighter Paramedic, Fire Engineer, and Fire Captain. The plan shall include the following options: 1. 3% at age 50 retirement formula (Government Code §21362.3). 2. Single highest year final compensation Government Code §20042). 3. Post Retirement Survivor Continuance. 4. Credit for unused sick leave (Government Code § 20965). 5. 1959 Survivors Benefit for which each employee contributes $0.93 per pay period. 6. Fourth level 1959 Survivors Benefit increased allowance (Government Code §21574). 7. Military service credit as public service option (Government Code § 21024). It is agreed and understood that the employee is responsible for paying for this benefit. 8. Employee will pay the full 9% member contribution to CalPERS on a pre-tax basis via payroll deduction. 9. Employees will also continue to contribute the additional cost share amount equal to 3% of compensation earnable towards the employer PERS contribution. The cost share amount is separate from, and in addition to, the 9% required member contribution described in Subsection 8 above. The employee cost share amount will be accomplished through pre-tax deductions in the manner contemplated by Government Code 14 AFFA MOU 2024 – 2027 Section 20516(f). The parties recognize that the IRS has yet to take a position on the pre-tax status of deductions made under Government Code Section 20516(f). In the event that such deductions do not qualify for pre-tax status, the parties agree to meet and discuss the effects of that change. 10. The City agrees to allow members to participate in a pre-tax payroll deduction plan for service credit purchases. 11. Provided the employee signs a waiver releasing and holding the City harmless from any liability whatsoever, the City agrees to allow members to use funds from their deferred compensation (457 Plan) towards the pre-tax payroll deduction plan for service credit purchases. 12. Special compensation items shall be reported to CalPERS in accordance with applicable law. 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 .22%. the cost-sharing arrangement will be implemented as follows: a. Employees will pay 0.11% of PERSable compensation to CalPERS retirement via payroll deduction; and the City will pay 0.11% of PERSable compensation to CalPERS retirement. Section C. EMPLOYEES HIRED ON OR AFTER OCTOBER 9, 2011 OTHER THAN NEW CALPERS MEMBERS The City contracts with the State of California Public Employees ’ Retirement System (CalPERS) for the classifications of Firefighter, Firefighter Paramedic, Fire Engineer, and Fire Captain. The plan shall include the following options: 1. 3% at age 55 retirement formula (Government Code §7522.25). 2. A 3-year average final compensation period (Government Code §20037). 15 AFFA MOU 2024 – 2027 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.Fourth level 1959 Survivor’s Benefit increased allowance (Government Code §21574). 7. Military service credit as public service option (Government Code §21024). It is agreed and understood that the employee is responsible for paying for this benefit. 8. Employees will pay the full 9% member contribution to CalPERS on a pre- tax basis via payroll deduction. 9. Employees will also continue to contribute the additional cost share amount equal to 3% of compensation earnable towards the employer PERS contribution. The cost share amount is separate from, and in addition to, the 9% required member contribution described in Subsection 8 above. The employee cost share amount will be accomplished through pre-tax deductions in the manner contemplated by Government Code Section 20516(f). The parties recognize that the IRS has yet to take a position on the pre-tax status of deductions made under Government Code Section 20516(f). In the event that such deductions do not qualify for pre-tax status, the parties agree to meet and discuss the effects of that change. 10. The City agrees to allow members to participate in a pre-tax payroll deduction plan for service credit purchases. 11. Provided the employee signs a waiver releasing and holding the City harmless from any liability, whatsoever, the City agrees to allow members to use funds from their deferred compensation (457 plan) towards the pre- tax payroll deduction plan for service credit purchases. 12. Special compensation items shall be reported to CalPERS in accordance with applicable law, 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 16 AFFA MOU 2024 – 2027 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 0.22%. The cost-sharing arrangement will be implemented as follows: a. Employees will pay 0.11% of PERSable compensation to CalPERS retirement via payroll deduction; and the City will 0.11% of PERSable compensation to CalPERS retirement. Section D. NEW CALPERS MEMBERS HIRED AFTER JANUARY 1, 2013 The City contracts with the State of California Public Employees ’ Retirement System (CalPERS) for the classifications of Firefighter, Firefighter Paramedic, Fire Engineer, and Fire Captain. The plan shall include the following options: 1. 2.7% at age 57 retirement formula (Government Code §7522.25). 2. 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.Fourth level 1959 Survivor’s Benefit increased allowance (Government Code §21574). 7. Military service credit as public service option (Government Code §21024). It is agreed and understood that the employee is responsible for paying for this benefit. 8. Employee will pay 50% of the normal cost, currently 13.25% member contribution to CalPERS on a pre-tax basis via payroll deduction (Government Code §7522.30). 9. The City agrees to allow members to participate in a pre-tax payroll deduction plan for service credit purchases. 10. Provided the employee signs a waiver releasing and holding the City harmless from any liability, whatsoever, the City agrees to allow members 17 AFFA MOU 2024 – 2027 to use funds from their deferred compensation (457 plan) towards the pre- tax payroll deduction plan for service credit purchases. 11. Special compensation items shall be reported to CalPERS in accordance with applicable law, and 12. The Pre-Retirement Option 2W Death Benefit (Government Code §21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional Benefits), employees agree to cost share this benefit with the City through pre-tax deductions in the manner contemplated by §20516(f) of the Government Code. The parties recognize that the IRS has yet to take a position on the pre-tax status of deductions made under §20516(f) and in the event that, subsequent to the effective date of this provision, the IRS determines that such deductions do not qualify for pre-tax status, the parties agree to meet and discuss the effects thereof. It is agreed and understood that both parties shall split the cost of this optional benefit which was determined to be a total of 0.22%. The cost-sharing arrangement will be implemented as follows: a. Employees will pay 0.11% of PERSable compensation to CalPERS retirement via payroll deduction; and the City will pay 0.11% of PERSable compensation to CalPERS retirement. Article IX. RETIREE MEDICAL Section A. RETIREE MEDICAL– EMPLOYEES HIRED PRIOR TO JULY 1, 2011 For employees hired before July 1, 2011, and retiring from the City on or after January 1, 2012 (“Tier 2 Retirees”), the City agrees to provide a premium reimbursement for the purpose of purchasing health coverage offered through CalPERS for the Tier 2 Retiree and their spouse in an amount not to exceed the monthly premium applicable to the coverage level for the retiree (i.e. Employee Only or Employee + spouse) up to $505.63 for employees only and up to $1,011.26 for employee + spouse. The Premium Payment shall be payable in the following form: (1) PEMHCA Minimum contribution payable directly to CalPERS, and (2) a reimbursement to the Tier 2 Retiree equal to the difference between the cost of plan in which the Tier 2 Retiree enrolls, subject to the foregoing cap, and the PEMHCA Minimum contribution (“Reimbursement”). If a retiree enrolls in a more expensive plan, they will be responsible for payment of any premium in excess of the capped amount. The reimbursement shall cease for the Tier 2 retiree upon eligibility for Medicare coverage, and the spousal reimbursement shall cease upon eligibility for Medicare coverage, or after 15 years, whichever occurs first. Tier 2 Retirees must be “eligible retirees” in order to receive the benefits described in this paragraph. 18 AFFA MOU 2024 – 2027 1.An “eligible retiree” is a sworn unit employee who retires on a service, disability, or industrial disability retirement and has 1,500 hours of accumulated sick leave at the date of retirement. An employee who has fewer than 1,500 hours of accumulated sick leave at the date of retirement may become eligible for coverage for the employee and spouse health insurance premium by paying the City an amount equal to their daily pay rate at the time of retirement times the number of days needed to meet the 1,500 hours of accumulated sick leave requirement. There are 3 conditions for employees to be eligible to exercise this buyback provision: a. The employee must be at least 50 years old. b. The employee must have worked full-time continuously for the City of Arcadia for a minimum of 15 years, and c. The employee is limited to purchasing a maximum of 500 hours of sick leave; provided, however, upon verification of information from a qualified medical provider that an employee has substantially depleted the employee’s sick leave accrual due to an absence or absences caused by a serious illness or injury suffered by the employee or a family dependent living in the employee’s household, this purchase limitation of 500 hours will be excused. 2. 40-Hour Week Schedule. A unit employee assigned to a 40-Hour week schedule who retires on a service, disability, or industrial disability retirement and has 1,000 hours of accumulated sick leave at the date of retirement, is also an “eligible retiree.” An employee in the 40-hour week who has fewer than 1,000 hours of accumulated sick leave at the date of retirement may become eligible for coverage for employee and spouse health insurance premium by paying the City an amount equal to their hourly pay rate at the time of retirement times the number of hours needed to meet the 1,000 hours of accumulated sick leave requirement. There are 3 conditions for an employee assigned to a 40-hour workweek to be eligible to exercise this buyback provision: a. The employee must be at least 50 years old. b. The employee must have worked full-time continuously for the City of Arcadia for a minimum of 15 years, and c. The employee is limited to purchasing a maximum of 350 hours of sick leave; provided, however, upon verification of information from a qualified medical provider that an employee has substantially depleted the employee’s sick leave accrual due to an absence or absences caused by a serious illness or injury suffered by the employee or a family dependent living in the employee’s household, this purchase limitation of 350 hours will be excused. 19 AFFA MOU 2024 – 2027 The Association shall notify Human Resources in the event of the death of a retired member. In order to be eligible for retiree health coverage, the employee, and if applicable, the employee’s spouse, must be enrolled in CalPERS retiree medical and maintain eligibility to continue in the CalPERS Health Program as stipulated by CalPERS. Section B. RETIREE MEDICAL 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 3 Retiree) or who do not meet the 3 conditions outlined in Section A, above, the City will pay no more than the PEHMCA Minimum contribution. Tier 3 Retirees shall not be reimbursed or otherwise receive payment from the City for health insurance premiums in excess of the PEMHCA Minimum contribution. Section C. RETIREE MEDICAL TRUST The Association will establish participation in a retiree medical plan administered by the PORAC Retiree Medical Trust, and the cost of establishing the trust shall be at no cost to the City. The City is not a party to the Trust, aside from transferring funds, and has no obligations to the management, regulatory compliance, or performance of the Trust. 1. Contributions to the PORAC Retiree Medical Trust a. Employer Contributions. The City will transfer to the PORAC Retiree Medical Trust a monthly pre-tax employer contribution on $151.00 for each employee working in the bargaining unit represented by the Association, on an ongoing twice monthly (24 times per year) basis of $75.50, in perpetuity. b. Employee Contributions. The City will deduct from each paycheck (24 times per year) and remit to the Trust a pre-tax employee contribution for each employee working in the bargaining unit represented by the Association. The amount will be specified in writing to the City by the Association, and each employee will contribute the same predetermined dollar amount. 2. The City will comply with reasonable rules set by the Trust Office with regard to reporting and transferring the required contributions set forth above typically involving providing the Trust Office with the name, social security, number and amount paid for each employee. In the event the reporting requirement of the Trust requires reporting beyond that which the City 20 AFFA MOU 2024 – 2027 typically provides for other similar purposes (health insurance, the City may require the Association to pay for any costs related to programming or producing such reports. Prior to engaging in any activity that could result in such an expense, the City will secure the Association’s authorization. 3. The Association agrees to indemnify and hold the City harmless from any liabilities of any nature which may arise as a result of the operating of the PORAC RMT, except for the obligation of the City to make and report the non-elective transfer of employee contributions and employer contributions as described above. 4. The monies contributed to the Trust fund shall only be used for retiree health insurance premiums or health care expenses, as allowed by law. There shall be no employee election/option available to take such amount in unrestricted cash. 5. The purpose of this Trust shall be to provide for retiree health care expense reimbursement benefits. The Trust shall be and remain separate and apart from any of the City health insurance funding programs, unless changed by mutual written agreement of the parties. The contributions made by the employer as set forth above shall not be included as salary for purpose of calculating pension benefits. 6. Employer contributions can only be increased by mutual written recommendation between the City and the Association. The City hereby acknowledges receipt of the Trust Agreement governing the Trust and will comply with rules set by the Trust Office in regard to reporting and depositing the required contributions set forth above. The City will cooperate with the Trust in allowing a payroll audit only for the purpose of ascertaining if the proper amount of contributions has been made. ARTICLE X. HEALTH, DENTAL, VISION, LIFE INSURANCE, AND DEFERRED COMPENSATION Section A. CONTRIBUTIONS The City shall provide regular full-time employees in a classification represented by this Agreement with the following contributions: 1. CalPERS Health Program. The City will contribute the Public Employees’ Medical and Hospital Care Act (PEMHCA) minimum employer contribution required pursuant to Government Code §22892(b) (“PEMHCA Minimum Contribution”) per month per employee for health 21 AFFA MOU 2024 – 2027 insurance. The PEMHCA minimum is included within the City’s contribution. 2. Dental Insurance – mandatory enrollment. The City will contribute the employee only cost for DeltaCare USA insurance per month (“Dental Contribution”) toward one of two dental plans. Additional coverage may be purchased through the Optional benefits allocation. 3. Optional Benefits. Subject to the limits set forth herein, the City shall contribute the remaining amount of employee’s health and dental insurance benefit allowance through a contribution to an Internal Revenue Code §125 Cafeteria Plan as follows: Beginning July 1, 2024, the benefit allowance rates shall be: a. Single employees without dependents, hereinafter referred to as “Employee Only,” shall receive a contribution from the City, inclusive of the Minimum Contribution and Dental Contribution, toward the cost of premiums not to exceed $775/month. b. Employees with one qualified dependent hereinafter referred to as “Employee + 1” shall receive a contribution from the City, inclusive of the Minimum Contribution and Dental Contribution, towards the cost of premiums not to exceed $1,550/month. c. Employees with two or more qualified dependents, hereinafter referred to as “Family,” shall receive a contribution from the City, inclusive of the Minimum Contribution and Dental Contribution, towards the cost of premiums not to exceed $2,000/month. For example, an employee shall receive a monthly contribution from the City as follows: Employee Only Employee + 1 Family PEMHCA minimum* $157.00* $ 157.00* $ 157.00* Minimum Dental $ 16.40* $ 16.40* $ 16.40* Optional Benefits $601.60 $1,376.60 $1,826.60 Total $775.00 $1,550.00 $2,000.00 *Numbers used in this example are 2024 rates. For the duration of this Agreement, the City will not reduce the benefit allowance amounts stated in this MOU, nor will they pay less than the minimum contributions outlined in this section. 22 AFFA MOU 2024 – 2027 If the premium cost of the health and dental plans in which an employee enrolls exceeds the City's benefit contribution, the employee shall pay through payroll deduction the difference between the monthly premium and the amount contributed by the City. The employee shall forfeit any balance should the City's contribution exceed the cost of the premium. The employee's exercise of the option to use the difference toward dependent health coverage is subject to the conditions controlling enrollment periods and eligibility established by the respective plans or carriers. Dependent enrollment will require proof of eligibility for dependent status including social security number, marriage, birth and/or adoption certificates. 4. Life Insurance. As soon as practical with the insurance carrier, the City shall provide a $75,000 life insurance and accidental death and dismemberment benefit for eligible employees. The City agrees to pay up to $10,000 for funeral expenses for employees killed in the line of duty or work-related death within five (5) years after retirement. 5. 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. 6. Deferred Compensation. Employees may elect to allocate salary to the City’s 457 Pre-Tax Contribution Plan and/or the newly available Roth Contribution Plan, in accordance with the provisions of the Plan. The City shall contribute to each employee’s IRC 457 Deferred Compensation Account in the following amounts: a. $100.05 per pay period starting July 1, 2016 and to continue indefinitely unless otherwise amended through labor negotiations. b. It is understood by the parties that deferred compensation contributions are paid over 24 pay periods each calendar year. Article XI. DISABILITY INCOME INSURANCE The City does not contribute to disability income insurance for represented employees. The Association agrees to purchase its own disability insurance through payroll deductions. 23 AFFA MOU 2024 – 2027 ARTICLE XII. UNIFORMS Section A. UNIFORM SUPPLY The initial supply of uniforms is: 4 pair of work pants, 3 work shirts, 1 belt, 1 belt buckle, 2 pair of work boots, badge, and a work jacket. The Captain class "A" uniform includes: 1 pair of dress pants, a Double- Breasted jacket, white long sleeve shirt, tie, billed hat, and dress badge The Firefighter, Firefighter/Paramedic and Fire Engineer class “A” uniform includes: 1 pair of dress pants, 1 dress shirt, tie, billed hat, and dress badge. The above items are supplied upon employment to all personnel and Captain class “A” uniform immediately following promotion. Section B. UNIFORM REPLACEMENT PROGRAM There shall be a Uniform Replacement Program for the following items: 1. Shirts 2. Trousers 3. Work Jacket The program shall be administered by, and at the discretion of the City, for the purpose of providing replacement of worn items only. Section C. SAFETY SHOES The City of Arcadia shall set standards for footwear in the Arcadia Fire Department. The City shall provide a safety boot for each member of the Fire Department who is involved in the suppression of fires. This boot will be required footwear for the department. The total cost of the safety boot shall be borne by the City. Increases in cost for the safety boot shall also be absorbed by the City. The only footwear cost the City will pay is for the safety boot. Responsibility for standards of footwear is the City's alone. Section D. RETURN OF UNIFORMS Upon termination of employment the employee shall turn in all current uniforms issued in their possession or shall have a dollar amount equal to the lost uniforms' cost deducted from the employee's final check. Section E. UNIFORM REPORTING 24 AFFA MOU 2024 – 2027 The City shall report $25.19 per pay period to CalPERS as special compensation for department issued uniforms 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 XIII. 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 Director and Human Resources Director 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. 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 be terminated for disciplinary cause within one year from the completion of a class or classes shall refund all tuition paid under this provision for those specific classes unless they were required to attend by the appointing power. An employee who separates employment and who received tuition advancement and did not complete a class or classes within one (1) year from the advancement, shall refund all tuition advanced and be subject to the provisions outlined in the Advanced Tuition Participation and Loan Agreement. Employees who retire on a Disability or Industrial Disability Retirement or are laid off shall not be required to refund tuition fees. 25 AFFA MOU 2024 – 2027 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 XIV. LEAVES In accordance with the current Personnel Rules and Regulations of the City of Arcadia, all leaves for classifications represented by this Agreement shall be provided for as follows: Section A. POWER TO GRANT LEAVES Upon the written request of an employee stating the reasons therefore, the appointing power with the approval of the City Manager shall have power to grant leaves of absence with or without pay subject to the following restrictions: 1. Length. Leave of absence without pay may be granted for a period not to exceed one (1) year with the exception that military leaves may be granted for the duration of a war or national emergency or as required by the Military and Veterans' code. 2. Reason. A leave of absence may be granted an employee, provided he/she meets all other requirements set forth in this rule, who desires to attend school or college or to enter training to improve the quality of his/her service, who enters military service of the United States, who is temporarily incapacitated by illness, or who presents some other reasons equally satisfactory. 3. Right to Return. The granting of a leave of absence without pay confers upon the employee the right to return to his/her classification before or at the expiration of his/her leave of absence. Therefore, a leave of absence shall be granted only to an employee who intends to return to his classification with the City. 4. Service Record. No request for leave of absence will be considered unless the employee presenting the request has a satisfactory service record. 26 AFFA MOU 2024 – 2027 An employee granted a leave of absence may be required by the appointing power or the City Manager to successfully pass a medical examination prior to being allowed to return to work. The granting of a leave of absence of 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 B. MILITARY LEAVE Any employee who is a member of the reserve corps of the armed forces of the United States or of the National Guard or the Navy Militia shall be entitled to a temporary military leave of absence as provided by applicable Federal law and applicable California State law. 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. Section C. VACATION LEAVE 1.Employees assigned to a 24 hour shift schedule in the classification of Firefighter, Firefighter Paramedic, Fire Engineer and Fire Captain with the exception of temporary appointments, shall accumulate vacation leave beginning with the first full pay period of employment, at the rates shown below. For employees assigned to 24-hour shifts, a "day" means 12 hours or one-half (1/2) shift. Years of Service Accrual Rate (hours/pay period) Hours Accrued in a Year Max Accrual 0-5 Years 7.384 191.984 287.976 6-10 Years 8.307 215.982 323.973 11-15 Years 10.153 263.978 395.967 15+ Years 11.076 287.976 431.964 Vacation may not be accumulated beyond the “Max Accrual” amounts listed above. Once an employee has accumulated this amount, no more vacation will be accrued by the employee until the employees' accrual has been reduced below this maximum amount. 27 AFFA MOU 2024 – 2027 2.Sworn employees assigned to a 40-hour week schedule, with the exception of temporary appointments, shall accumulate vacation leave beginning with the first full pay period of employment at the rates shown below. A Fire Captain assigned by the Fire Chief as Administrative Captain shall accrue the per-pay-period vacation amounts shown below and up to the Maximum Accrual shown in #1 above for the duration of the Administrative Captain assignment. Years of Service Accrual Rate (hours/pay period) Hours Accrued in a Year Max Accrual 0-10 Years 4.610 119.860 179.790 10+ Years 6.770 176.020 264.03 Vacation may not be accumulated beyond the “Max Accrual” amounts listed above. Once an employee has accumulated this amount, no more vacation will be accrued by the employee until the employees' accrual has been reduced below this maximum amount. 3. Accumulated vacation leave shall be granted at the discretion of the appointing power. 4. 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. 5. 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. 6. Upon termination, vacation used shall be pro-rated against vacation earned. Every City employee who leaves the City employ for any reason shall be granted all accumulated vacation or shall be paid therefore at his/her rate of compensation applicable at the time he/she leaves the City employ. If an employee works more than 50% of the pay period, the employee shall receive credit for 50% of that pay period's vacation. 7. Every City employee who leaves the City employ for any reason shall be granted all accumulated vacation or shall be paid therefore at his/her rate of compensation applicable at the time he/she leaves the City employ. If 28 AFFA MOU 2024 – 2027 an employee works 50% of the pay period, the employee shall receive credit for that pay period's vacation accrual. In an employee works less than 50% of the pay period, the employee accrues nothing. Section D. SICK LEAVE 1.All employees in classifications represented by this Agreement with the exception of temporary appointments, shall accrue sick leave beginning with the first full pay period of employment on the basis of 5.54 hours for each pay period of service completed with the City (6 shifts per year) or 1 hour for every 30 hours worked, whichever is greater. The maximum accrual per year is 144 hours. 2. Paid sick leave will carry over each year of employment. Sworn employees may accumulate up to a maximum of 2,100 hours of sick leave. For employees assigned to 24 hours shifts, a "day" means 12 hours or one-half (1/2) shift. 3. Sick leave means 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, and 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 Section 230(c) and 230.1(a) ; and/or, d. An employee may designate one additional person per 12-month period at the time the employee requests sick leave. An employee will make reasonable effort to schedule medical appointments during non-working hours. 4. Kin Care Leave. In addition to the prescribed purposes of paid sick leave in section 3, an employee may use up to one-half of their annual accrual 29 AFFA MOU 2024 – 2027 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 stand loco parentis regardless of age or dependency), spouse, or registered domestic partner, and an employee may designate one additional person per 12-month period at the time the employee requests sick leave. 5. Sick leave may be used by an employee in accordance with sections 3 and 4 above. The minim increment of use of paid sick leave shall be 2 hours. Any employee when off-duty as a result of personal or family illness shall report the fact immediately to their supervisor, or to the officer then in charge at the department, giving the nature of the illness or circumstances relative to their absence. 6. The term "immediately" means that the employee or someone acting for the employee, shall notify the department as soon as it becomes apparent that the employee will not be able to report for duty. 7. Proof Of Illness. 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 Fire Chief and the City Manager may require an employee to provide medical certification or evidence of the reason for any employee’s sick leave absence that occurs after the employee has used five (5) days of paid sick leave in a year of employment. If the employee fails to provide such evidence as required by the Fire Chief, and within the limit specified by the department, the absence will be charged to leave without pay. 8. Denial. The Fire Chief and City Manager may deny or revoke sick leave if the illness or injury for which it is taken is caused or substantially aggravated by compensated outside employment. 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. If an employee works less than 50% of the pay period, the employee accrues nothing. 0 to 24 hours: No accrual 24-55:1 hour 55 and above: 3.693 hours 30 AFFA MOU 2024 – 2027 If an employee separates from employment with the City and is rehired within one year from separation, up to 80 hours or 10 days, whichever is greater depending on the employee’s regular scheduled workday, of accrued and unused sick leave will be reinstated. Unused Sick Leave: Unused sick leave is not cashed 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 and regulations. Employees hired before July 1, 2024, who retire with the City of Arcadia may convert any unused sick leave up to the maximum sick leave accumulation specified above (i.e. 2,100 hours) into retirement service credits. Employees hired on or after July 1, 2024, who retire with the City of Arcadia may convert any unused sick leave up to 1,000 hours into retirement service credits, except for lateral employees hired with the City through August 2024 who shall be subject to the provisions of the paragraph immediately above. No other exceptions shall apply. Section E. BEREAVEMENT LEAVE Death In Family. An employee represented by this Agreement, with the exception of temporary appointments, may be granted a leave of absence with pay upon approval of the Fire Chief and the City Manager at the time of death, or where death appears imminent, in the immediate family, defined as the spouse, the employee's or employee's spouse's mother, stepmother or father, stepfather, brother or sister or step sibling, child or stepchild, grandparents, grandchildren, or any relative of the employee or employee's spouse residing in the same household. Such leave, up to a maximum 4 working days at one time (or six (6) working days if travel outside of the following Counties is required: Imperial, Kern, Los Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, San Luis Obispo and Ventura), shall not be charged against sick or other leave. If over four (4) working days of such leave is granted at one time, or over six (6), if applicable, that amount over four (4) or six (6) days shall be charged against sick or other leave. For employees assigned to 24 hours shifts, a "day" means 12 hours or 1/2 shift. In accordance with Assembly Bill 1949, employees will be entitled to take up to five (5) days of unpaid bereavement leave for spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. Employees may use a combination of leave balances and paid bereavement leave specified in this paragraph. 31 AFFA MOU 2024 – 2027 Reproductive Loss. In accordance with Senate Bill 848, employees who have worked for the City for at least 30 days and have suffered a reproductive loss event will be entitled to up to five (5) days of unpaid protected leave. A reproductive loss event is defined as the day or, for a multi-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth or an unsuccessful assisted reproduction. The 5 days must be taken within three months of the event. The employee may use a combination of leave balances and paid bereavement leave specified in the paragraph above. Section F. WORKERS' COMPENSATION In those instances where an employee of the City of Arcadia is injured on duty and the injury or illness is so recognized by the Workers' Compensation Act of California, by the City of Arcadia or the Workers' Compensation Appeals Board, such employee shall be paid a combination of salary and Worker' Compensation equal to his/her regular salary rate for such time as he/she is absent from duty because of such injury or illness up to a maximum of one (1) year from and after date of such injury or illness. Lost time due to an injury or illness on duty shall not be charged against an employee's accumulated sick leave. Pursuant to the Internal Revenue Code, Section 104 (a) (1), Workers' Compensation benefits are not taxable income. Section G. HOLIDAYS Employees in the classifications of Firefighter, Firefighter Paramedic, Fire Engineer and Fire Captain shall be allowed the following 12 holidays with full pay: New Year's Day Martin Luther King, Jr. Day President’s Day Cesar Chavez Day Memorial Day Independence Day Labor Day Admission Day Columbus Day Thanksgiving Day Day After Thanksgiving Christmas Day The 144 hours of annual holiday-in-lieu pay must be cashed out (not to be used for time off) prior to the end of each fiscal year and is intended as additional compensation for employees. 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. The regular rate of pay calculation includes Longevity Pay. Each holiday listed above is 12 hours or ½ shift. 32 AFFA MOU 2024 – 2027 Section H. JURY LEAVE When a City employee is called or required to serve as a juror, attendance shall be deemed a leave of absence with full pay for hours served within a one 2-week period per year. For each day the employee receives jury leave pay, the employee shall remit to the City all fees received except mileage. Section I. WITNESS LEAVE An employee who is subpoenaed or required to appear in Court as a witness shall be deemed to be on a leave of absence. With approval of the appointing power and City Manager, the employee may be granted leave with pay during the required absence. The employee shall remit to the City all fees received except mileage. A paid leave of absence shall not be granted for time spent in Court on personal cases. Section J. UNAUTHORIZED ABSENCE Unauthorized leaves of absence are cause for immediate dismissal. Section K. UNION LEAVE Upon approval of the Fire Chief, AFFA board members or their designees may be granted time off with pay to attend conferences, meetings, or other union business. Reasonable notice must be provided to the Fire Chief when requesting union leave. The City will provide one Union Leave Bank of 48 hours per fiscal year where all AFFA Board Members are able to draw down from to attend conferences, meetings, and/or union business. 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. 33 AFFA MOU 2024 – 2027 When an acting assignment is made, it must be given to a unit employee who meets the current minimum qualifications for the position and has been placed on a current eligibility list. In the absence of a current eligibility list, the acting assignment shall be given to a unit employee who meets the current minimum qualifications and has been placed on an eligibility list for the assigned position in the past. Before an eligible candidate is to be placed in an acting position, the current vacancy shall remain open for a period of no less than 6 shifts. Time worked in an acting position will not count as time worked on probation if a probationary appointment is made. All probationary periods will be 12 months. Section B. All eligible candidates appointed to a position from an open competitive examination and/or who are not currently employed by the City in a permanent position shall be on probation for 12 months before attaining permanent status. Section C. Eligible candidates who are currently employed by the City in a permanent position and are appointed from a promotional or open competitive list shall be on probation for 12 months before attaining permanent status. Section D. Any probationary period may be extended for up to six (6) months. Article XVI. EMT-1 CERTIFICATION All unit employees shall, at a minimum, maintain an EMT-1 Certification, or equivalent, with appropriate accreditations through the County and State and recertify every 2 years. Training and recertification classes shall be conducted on City time. Failure to obtain the certification or to recertify is cause for progressive disciplinary action. Article XVII. NO SMOKING POLICY In recognition of the health hazards arising from the use of tobacco products, the parties agree that as a condition of employment, all unit members hired after July 1, 1991 shall sign individual agreements that the employee shall refrain from smoking, vaping, chewing or otherwise using tobacco products such as, but not limited to, cigarettes, cigars, pipe tobacco, chewing tobacco, hookah, or snuff. 34 AFFA MOU 2024 – 2027 An employee who fails to comply with the Agreement shall receive a written warning for the first offense, 2 shifts off without pay for the second offense and shall be discharged for the third offense. Article XVIII. RESPONSE TIME Due to the emergency requirements of prompt response time, all unit employees are expected to return to work as soon as possible when required to respond to local emergencies. Employees shall be required to make themselves available to emergency recall response within 12 hours of notification. Article XIX. STAFFING Section A. DAILY STAFFING LEVELS During the course of this contract, the minimum daily staffing of fire suppression personnel shall be seventeen (17) and shall consist of: Battalion 105 ..................... Fire Battalion Chief Engine 105 ........................ Fire Captain, Fire Engineer, and Firefighter or Firefighter/Paramedic Engine 106 ........................ Fire Captain, Fire Engineer, and Firefighter or Firefighter/Paramedic Engine 107 ........................ Fire Captain, Fire Engineer, and Firefighter/ Paramedic Truck 105 .......................... Fire Captain, Fire Engineer, and Firefighter Rescue Ambulance 105 .... Two (2) Firefighters/Paramedics Rescue Ambulance 106 .... Two (2) Firefighters/Paramedics Notes: 1.At the discretion of the Fire Chief or designee, E107 may be staffed with a Firefighter in lieu of a Firefighter/Paramedic on a temporary basis to meet the needs of the department. 2. Management reserves the right, in the event of a disaster or operational crisis, to staff the above positions in acting capacities on a temporary basis. 35 AFFA MOU 2024 – 2027 Section B. STRIKE TEAM REST PERIOD Upon returning from a strike team deployment, it will, when deemed necessary, be mutually agreed upon by both the company officer and the duty chief to grant a period of rest. During this period members will be excluded from training, daily duties, and other activities in order to be mentally and physically ready to complete their shift. Article XX. WELLNESS PROGRAM The City agrees to implement a Wellness Program that includes a comprehensive fitness evaluation and lecture series provided by Santa Ana College Fire Technology Department at a cost not to exceed $14.20 per employee/year. Article XXI. EMPLOYEE GRIEVANCES Section A. DEFINITIONS 1.“Grievance.” A grievance is an allegation by an employee(s) of a misinterpretation or misapplication of any express provision of the applicable Memorandum of Understanding or Personnel Rules and Regulations where there is no other specific method of review provided by City law. 2.“Grievant.” An employee or group of employees in the classified service adversely affected by an act or omission by the City allegedly in violation of an express provision of the Memorandum of Understanding or Personnel Rules and Regulations. 3.“Department Administrator.” The Department Director or designee. 4.“Work Day.” A work day is any day the City offices are regularly open for business. Section B. EXCLUSIONS FROM THE GRIEVANCE PROCEDURE The procedure is not to be used for the purpose of changing wages, hours and working conditions. The procedure is not intended to be used to challenge the content of employee evaluations or performance reviews. 36 AFFA MOU 2024 – 2027 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. The procedure is not intended to be used in cases of oral or written reprimand, demotion, suspension or removal. The procedure is not to be used to challenge violation of law or past practice unless the rules or MOU expressly refer to same. The procedure is not to be used to challenge examinations or appointment to positions. Section C. TIMELINESS The grievance must be filed by the employee within the timelines set forth herein. Failure of the employee to file the initial grievance or process the grievance from one level to another in a timely manner is a forfeiture of the grievance and the grievance will not be processed further. If the City fails to respond in a timely manner, the employee may proceed to the next level. Section D. EMPLOYEE REPRESENTATION The employee may be represented by a person of his/her choice to prepare and present the grievance. The employee may use a reasonable amount of released time to process the grievance. The release time must be approved by the Department Director. Section E. 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/her immediate supervisor. Section F. FORMAL GRIEVANCE PROCEDURE 1.First Level of Review: Next-Level Supervisor. If the employee is not able to resolve the grievance after discussion with his/her immediate supervisor, within 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: 37 AFFA MOU 2024 – 2027 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 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 Director 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 Director. The Department Director may require the employee and the immediate supervisor to attend a grievance meeting. The Department Director 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 Director. If the employee is not in agreement with the decision reached by the Department Director, within 10 working days after receiving the Department Head’s decision or 20 days from the date the Department Director received the grievance but failed to issue a decision, the employee shall present the grievance in writing to the Human Resources Director on the official City grievance form. The Human Resources Director may require the employee and the immediate supervisor to attend a grievance meeting. The Human Resources Director shall communicate a decision in writing within 10 working days of receiving the grievance or the holding of a grievance meeting whichever is longer. 38 AFFA MOU 2024 – 2027 4.Human Resources Commission. If the employee is not in agreement with the decision of the Human Resources Director or if the Human Resources Director 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 Director’s decision or 20 days from the date the Human Resources Director received the grievance but failed to issue a decision. Section G. APPEAL TO HUMAN RESOURCES COMMISSION 1.Scheduling of Hearing. Upon receipt of the request for an appeal, the City shall, within 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 Department and the other party. The Human Resources Department will issue the subpoenas. The Human Resources 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 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 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 39 AFFA MOU 2024 – 2027 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 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 Department shall present each member of the Human Resources Commission with a copy of the jurisdictional documents. Those documents include the grievance documents at each level and the responses to the grievance. 5.Payment of Employee Witnesses. Employees of the City who are subpoenaed to testify during working hours will be released with pay to appear at the hearing. The Commission may direct that these employees remain on call until called to testify. Employees who are subpoenaed to testify during non-working hours will be compensated for the time they actually testify, unless the City agrees to a different arrangement. 6.Conduct of the Hearing. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses but hearings shall be conducted in a manner most conducive to determination of the truth. Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence that shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. Irrelevant and unduly repetitious evidence may be excluded. The Human Resources Commission shall determine relevancy, weight and credibility of testimony and evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. 40 AFFA MOU 2024 – 2027 During examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party. The Human Resources Commission may conduct the hearing or delegate evidentiary and/or procedural rulings to its legal counsel. 7.Burden of Proof. In a grievance appeal the grievant has the burden of proof by preponderance of the evidence. 8.Proceed with Hearing or Request for Continuance. Each side should be asked if it is ready to proceed. If either side is not ready and wishes a continuance, good cause must be stated. Any request for a continuance must be made in writing and submitted prior to the hearing to all parties. Before requesting a continuance, the moving party shall contact all parties to determine if there is any opposition to the continuance and shall state in its request if there is opposition. 9.Testimony under Oath. All witnesses shall be sworn in for the record prior to offering testimony at the hearing. The chairperson will request the witnesses to raise their right hand and respond to the following: “Do you swear that the testimony you are about to give at this hearing is the truth, the whole truth and nothing but the truth?” 10. Presentation of the Case. The hearing shall proceed in the following order unless the Human Resources Commission for special reason, directs otherwise: The Human Resources Chair (“Chair”) shall announce the issues after a review of the statement of issues presented by each party. The grievant (employee) shall be permitted to make an opening statement. The respondent (City) shall be permitted to make an opening statement, or reserve an opening statement until presentation of its case. The grievant shall produce his/her evidence. The respondent may then offer its evidence. The grievant followed by the respondent may offer rebutting evidence. Closing arguments shall be permitted at the discretion of the Human Resources Commission. The party with the burden of proof, shall have the right to go first and to close the hearing by making the last argument. 41 AFFA MOU 2024 – 2027 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. 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 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 42 AFFA MOU 2024 – 2027 Director 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 Director. 43 AFFA MOU 2024 – 2027 ARTICLE XXII. FULL UNDERSTANDING Section A. This Memorandum of Understanding contains all the covenants, stipulations and provisions agreed upon by the parties and any other prior existing understanding or Agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. It is the intent of the parties that this Agreement be administered in its entirety in good faith during its full term. The Association recognizes that during such term it may be necessary for Management to make changes in rules or procedures affecting the employees in the unit, and the City, upon request, agrees to meet and confer with the Association over matters within the scope of representation. For the life of this Agreement it is agreed and understood that the Association hereto voluntarily agrees that the City shall not be required to meet and confer with respect to any subject or matter whether referred to or covered in this agreement or not during the term of this Agreement. The parties agree and understand that any Section of this MOU may be reopened by mutual consent. Section B. The parties have caused this Memorandum of Understanding to be executed this 17th day of September 2024 ARCADIA FIRE FIGHTERS’ ASSOCIATION ________________________________ Jonathan Ansell President CITY OF ARCADIA ___________________________________ Dominic Lazzaretto City Manager 44 AFFA MOU 2024 – 2027 2024 – 2027 NEGOTIATION TEAMS AFFA NEGOTIATING TEAM CITY REPRESENTATIVES Jeff Bird, Firefighter/Paramedic Richard Olivarez, Fire Captain Drew Pryor, Fire Captain Jonathan Hernandez, Fire Engineer Brandon Moerke, Firefighter/Paramedic Dave Brock, Advanced Corporations Jason Kruckeberg, Assistant City Manager/ Development Services Director Henry Chen, Interim Administrative Services Director Anely Williams, Interim Human Resources Director Justine Bruno Deputy City Manager Sairy Stepanian, 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 67F Firefighter 7,352$ 7,540$ 7,724$ 7,918$ 8,119$ 8,320$ 8,527$ 8,740$ 8,961$ 9,185$ 68F Firefighter AA 7,540$ 7,724$ 7,918$ 8,119$ 8,320$ 8,527$ 8,740$ 8,961$ 9,185$ 9,412$ 69F Firefighter BA 7,724$ 7,918$ 8,119$ 8,320$ 8,527$ 8,740$ 8,961$ 9,185$ 9,412$ 9,647$ 70F 7,918$ 8,119$ 8,320$ 8,527$ 8,740$ 8,961$ 9,185$ 9,412$ 9,647$ 9,888$ 71F 8,119$ 8,320$ 8,527$ 8,740$ 8,961$ 9,185$ 9,412$ 9,647$ 9,888$ 10,137$ 72F 8,320$ 8,527$ 8,740$ 8,961$ 9,185$ 9,412$ 9,647$ 9,888$ 10,137$ 10,391$ 73F 8,527$ 8,740$ 8,961$ 9,185$ 9,412$ 9,647$ 9,888$ 10,137$ 10,391$ 10,654$ 74F Fire Engineer Fire Paramedic 8,740$ 8,961$ 9,185$ 9,412$ 9,647$ 9,888$ 10,137$ 10,391$ 10,654$ 10,920$ 75F Fire Engineer AA Fire Paramedic AA 8,961$ 9,185$ 9,412$ 9,647$ 9,888$ 10,137$ 10,391$ 10,654$ 10,920$ 11,193$ 76F Fire Engineer BA Fire Paramedic BA 9,185$ 9,412$ 9,647$ 9,888$ 10,137$ 10,391$ 10,654$ 10,920$ 11,193$ 11,470$ 77F 9,412$ 9,647$ 9,888$ 10,137$ 10,391$ 10,654$ 10,920$ 11,193$ 11,470$ 11,760$ 78F 9,647$ 9,888$ 10,137$ 10,391$ 10,654$ 10,920$ 11,193$ 11,470$ 11,760$ 12,056$ 79F 9,888$ 10,137$ 10,391$ 10,654$ 10,920$ 11,193$ 11,470$ 11,760$ 12,056$ 12,357$ 80F Fire Captain 10,137$ 10,391$ 10,654$ 10,920$ 11,193$ 11,470$ 11,760$ 12,056$ 12,357$ 12,667$ 81F Fire Captain AA 10,391$ 10,654$ 10,920$ 11,193$ 11,470$ 11,760$ 12,056$ 12,357$ 12,667$ 12,983$ 82F Fire Captain BA 10,654$ 10,920$ 11,193$ 11,470$ 11,760$ 12,056$ 12,357$ 12,667$ 12,983$ 13,306$ Salaries are effective the beginning of the pay period containing July 1, 2024 EXHIBIT A CITY OF ARCADIA MONTHLY SALARY RANGE JULY 1, 2024 - JUNE 30, 2025 AFFA - 7.0% Range Number Title Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J 67F Firefighter 7,793$ 7,992$ 8,187$ 8,393$ 8,606$ 8,820$ 9,038$ 9,265$ 9,499$ 9,736$ 68F Firefighter AA 7,992$ 8,187$ 8,393$ 8,606$ 8,820$ 9,038$ 9,265$ 9,499$ 9,736$ 9,976$ 69F Firefighter BA 8,187$ 8,393$ 8,606$ 8,820$ 9,038$ 9,265$ 9,499$ 9,736$ 9,976$ 10,226$ 70F 8,393$ 8,606$ 8,820$ 9,038$ 9,265$ 9,499$ 9,736$ 9,976$ 10,226$ 10,481$ 71F 8,606$ 8,820$ 9,038$ 9,265$ 9,499$ 9,736$ 9,976$ 10,226$ 10,481$ 10,745$ 72F 8,820$ 9,038$ 9,265$ 9,499$ 9,736$ 9,976$ 10,226$ 10,481$ 10,745$ 11,015$ 73F 9,038$ 9,265$ 9,499$ 9,736$ 9,976$ 10,226$ 10,481$ 10,745$ 11,015$ 11,293$ 74F Fire Engineer Fire Paramedic 9,265$ 9,499$ 9,736$ 9,976$ 10,226$ 10,481$ 10,745$ 11,015$ 11,293$ 11,576$ 75F Fire Engineer AA Fire Paramedic AA 9,499$ 9,736$ 9,976$ 10,226$ 10,481$ 10,745$ 11,015$ 11,293$ 11,576$ 11,865$ 76F Fire Engineer BA Fire Paramedic BA 9,736$ 9,976$ 10,226$ 10,481$ 10,745$ 11,015$ 11,293$ 11,576$ 11,865$ 12,159$ 77F 9,976$ 10,226$ 10,481$ 10,745$ 11,015$ 11,293$ 11,576$ 11,865$ 12,159$ 12,466$ 78F 10,226$ 10,481$ 10,745$ 11,015$ 11,293$ 11,576$ 11,865$ 12,159$ 12,466$ 12,779$ 79F 10,481$ 10,745$ 11,015$ 11,293$ 11,576$ 11,865$ 12,159$ 12,466$ 12,779$ 13,098$ 80F Fire Captain 10,745$ 11,015$ 11,293$ 11,576$ 11,865$ 12,159$ 12,466$ 12,779$ 13,098$ 13,427$ 81F Fire Captain AA 11,015$ 11,293$ 11,576$ 11,865$ 12,159$ 12,466$ 12,779$ 13,098$ 13,427$ 13,762$ 82F Fire Captain BA 11,293$ 11,576$ 11,865$ 12,159$ 12,466$ 12,779$ 13,098$ 13,427$ 13,762$ 14,104$ Salaries are effective the beginning of the pay period containing July 1, 2025 EXHIBIT A CITY OF ARCADIA MONTHLY SALARY RANGE JULY 1, 2025 - JUNE 30, 2026 AFFA - 6.0% Range Number Title Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J 67F Firefighter 8,183$ 8,392$ 8,597$ 8,812$ 9,037$ 9,261$ 9,490$ 9,728$ 9,974$ 10,222$ 68F Firefighter AA 8,392$ 8,597$ 8,812$ 9,037$ 9,261$ 9,490$ 9,728$ 9,974$ 10,222$ 10,475$ 69F Firefighter BA 8,597$ 8,812$ 9,037$ 9,261$ 9,490$ 9,728$ 9,974$ 10,222$ 10,475$ 10,738$ 70F 8,812$ 9,037$ 9,261$ 9,490$ 9,728$ 9,974$ 10,222$ 10,475$ 10,738$ 11,005$ 71F 9,037$ 9,261$ 9,490$ 9,728$ 9,974$ 10,222$ 10,475$ 10,738$ 11,005$ 11,283$ 72F 9,261$ 9,490$ 9,728$ 9,974$ 10,222$ 10,475$ 10,738$ 11,005$ 11,283$ 11,566$ 73F 9,490$ 9,728$ 9,974$ 10,222$ 10,475$ 10,738$ 11,005$ 11,283$ 11,566$ 11,858$ 74F Fire Engineer Fire Paramedic 9,728$ 9,974$ 10,222$ 10,475$ 10,738$ 11,005$ 11,283$ 11,566$ 11,858$ 12,154$ 75F Fire Engineer AA Fire Paramedic AA 9,974$ 10,222$ 10,475$ 10,738$ 11,005$ 11,283$ 11,566$ 11,858$ 12,154$ 12,458$ 76F Fire Engineer BA Fire Paramedic BA 10,222$ 10,475$ 10,738$ 11,005$ 11,283$ 11,566$ 11,858$ 12,154$ 12,458$ 12,767$ 77F 10,475$ 10,738$ 11,005$ 11,283$ 11,566$ 11,858$ 12,154$ 12,458$ 12,767$ 13,089$ 78F 10,738$ 11,005$ 11,283$ 11,566$ 11,858$ 12,154$ 12,458$ 12,767$ 13,089$ 13,418$ 79F 11,005$ 11,283$ 11,566$ 11,858$ 12,154$ 12,458$ 12,767$ 13,089$ 13,418$ 13,753$ 80F Fire Captain 11,283$ 11,566$ 11,858$ 12,154$ 12,458$ 12,767$ 13,089$ 13,418$ 13,753$ 14,099$ 81F Fire Captain AA 11,566$ 11,858$ 12,154$ 12,458$ 12,767$ 13,089$ 13,418$ 13,753$ 14,099$ 14,450$ 82F Fire Captain BA 11,858$ 12,154$ 12,458$ 12,767$ 13,089$ 13,418$ 13,753$ 14,099$ 14,450$ 14,809$ Salaries are effective the beginning of the pay period containing July 1, 2026 EXHIBIT A CITY OF ARCADIA MONTHLY SALARY RANGE JULY 1, 2026 - JUNE 30, 2027 AFFA - 5.0% CITY OF ARCADIA AND ARCADIA FIRE FIGHTERS’ ASSOCIATION MEMORANDUM OF UNDERSTANDING JULY 1, 20241- JUNE 30, 20274 ii Contents ARTICLE I. ……………………………………………………………………….............1  Section A. PARTIES AND RECOGNITION ..................................................... 1  Section B. APPROPRIATE UNIT .................................................................... 1  Section C. MUTUAL RECOMMENDATION ..................................................... 1  ARTICLE II. ……………………………………………………………………….............1  Section A. TERM ............................................................................................. 1  Section B. MAINTENANCE OF BENEFITS ..................................................... 1  Section C. SAVINGS CLAUSE ........................................................................ 2  Section D. STATE AND FEDERAL LAWS ...................................................... 2  ARTICLE III. ASSOCIATION RIGHTS ..................................................................... 2  Section A. RIGHT TO JOIN ............................................................................. 2  Section B. USE OF BULLETIN BOARDS ........................................................ 2  Section C.  NEW EMPLOYEE ORIENTATION ................................................ 2  Section D. ACCESS TO FACILITIES .............................................................. 3  Section E. REASONABLE NOTICE ................................................................ 3  ARTICLE IV. MANAGEMENT RIGHTS .................................................................... 4  ARTICLE V. COMPENSATION ............................................................................... 4  Section A. CLASSIFICATIONS/SURVEYS/STUDIES ..................................... 4  Section B. PROMOTION AND/OR ADVANCEMENT IN RATE OF COMPENSATION .......................................................................... 5  Section C. EDUCATIONAL INCENTIVE COMPENSATION ............................ 6  Section D. STEP INCREASE PERCENTAGES .............................................. 7  Section E. FIRE PREVENTION BUREAU ASSIGNMENT .............................. 7  Section F. CAPTAIN II COMPENSATION....................................................... 8  Section G. ADMINISTRATIVE/TRAINING CAPTAIN COMPENSATION ........ 8  Section H. URBAN SEARCH AND RESCUE COMPENSATION (USAR) ....... 8  Section I. OUT OF RANK PARAMEDIC COMPENSATION .......................... 9  Section J. COMPANY OFFICER COMPENSATION ...................................... 9  Section K. SPECIAL ASSIGNMENT COMPENSATION ................................. 9  Section L. MOVIE DETAIL ............................................................................ 10  ARTICLE VI. OVERTIME ........................................................................................ 10  Section A. FAIR LABOR STANDARDS ACT ................................................. 10  iii Section B. MINIMUM CREDIT AND EMERGENCY RECALL ....................... 10  Section C. SHIFT EXCHANGES ................................................................... 10  Section D. EARLY RELIEF ............................................................................ 11  Section E. SHIFT SCHEDULE ...................................................................... 11  ARTICLE VII. LONGEVITY PAY .............................................................................. 11  ARTICLE VIII. RETIREMENT ................................................................................... 12  Section A. EMPLOYEES HIRED PRIOR TO JULY 1, 2011 .......................... 12  Section B. EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 BUT BEFORE OCTOBER 9, 2011 .............................................. 14  Section C. EMPLOYEES HIRED ON OR AFTER OCTOBER 9, 2011 OTHER THAN NEW CALPERS MEMBERS ............................... 16  Section D. NEW CALPERS MEMBERS HIRED AFTER JANUARY 1, 2013 ....................................................................... 18  ARTICLE IX. RETIREE MEDICAL .......................................................................... 19  Section A. RETIREE MEDICAL– EMPLOYEES HIRED PRIOR TO JULY 1, 2011 ............................................................................... 19  Section B. RETIREE MEDICAL FOR EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 .................................................................. 21  Section C. RETIREE MEDICAL TRUST ......................................................... 21  ARTICLE X. HEALTH, DENTAL, VISION, LIFE INSURANCE, AND DEFERRED COMPENSATION ............................................................................. 22  Section A. CONTRIBUTIONS ....................................................................... 22  ARTICLE XI. DISABILITY INCOME INSURANCE .................................................. 24  ARTICLE XII. UNIFORMS ....................................................................................... 24  Section A. UNIFORM SUPPLY ..................................................................... 24  Section B. UNIFORM REPLACEMENT PROGRAM ..................................... 25  Section C. SAFETY SHOES .......................................................................... 25  Section D. RETURN OF UNIFORMS ............................................................ 25  Section E. UNIFORM REPORTING .............................................................. 25  ARTICLE XIII. TUITION ADVANCEMENT/ REIMBURSEMENT .............................. 26  ARTICLE XIV. LEAVES ............................................................................................ 27  Section A. POWER TO GRANT LEAVES ..................................................... 27  Section B. MILITARY LEAVE ........................................................................ 28  Section C. VACATION LEAVE ...................................................................... 28  Section D. SICK LEAVE ................................................................................ 30  iv Section E. BEREAVEMENT LEAVE ............................................................. 33  Section F. WORKERS' COMPENSATION .................................................... 33  Section G. HOLIDAYS ................................................................................... 34  Section H. JURY LEAVE ............................................................................... 34  Section I. WITNESS LEAVE ........................................................................ 34  Section J. UNAUTHORIZED ABSENCE....................................................... 34  Section K. UNION LEAVE ............................................................................. 35  ARTICLE XV. PROBATIONARY PERIOD ............................................................... 35  Section A. .......................................................................................................... 35  Section B. .......................................................................................................... 35  Section C. .......................................................................................................... 36  Section D. .......................................................................................................... 36  ARTICLE XVI. EMT-1 CERTIFICATION ................................................................... 36  ARTICLE XVII. NO SMOKING POLICY ..................................................................... 36  ARTICLE XVIII. RESPONSE TIME ............................................................................. 36  ARTICLE XIX. STAFFING ......................................................................................... 37  Section A. DAILY STAFFING LEVELS ......................................................... 37  Section B. STRIKE TEAM REST PERIOD .................................................... 37  ARTICLE XX. WELLNESS PROGRAM ................................................................... 38  ARTICLE XXI. EMPLOYEE GRIEVANCES .............................................................. 38  Section A. DEFINITIONS .............................................................................. 38  Section B. EXCLUSIONS FROM THE GRIEVANCE PROCEDURE ............ 38  Section C. TIMELINESS ................................................................................ 39  Section D. EMPLOYEE REPRESENTATION ................................................ 39  Section E. INFORMAL GRIEVANCE PROCEDURE ..................................... 39  Section F. FORMAL GRIEVANCE PROCEDURE ........................................ 39  Section G. APPEAL TO HUMAN RESOURCES COMMISSION ................... 41  ARTICLE XXII. FULL UNDERSTANDING ................................................................. 46  Section A. .......................................................................................................... 46  Section B. .......................................................................................................... 46  2024 – 2027 NEGOTIATION TEAMS .......................................................................... 47  1 AFFA MOU 2024 – 2027 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 Firefighters' Association, a formally recognized employee organization, hereinafter referred to as the "Association", pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code §§3500 et. seq.). Section B. APPROPRIATE UNIT The classifications covered by this agreement are: • Firefighter •Firefighter Paramedic • Fire Engineer • Fire Captain Section C. MUTUAL RECOMMENDATION This Memorandum of Understanding constitutes a mutual recommendation to be presented to the Association members for ratification, and to the City Council for adoption. 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 for the period beginning July 1, 20241 and ending on June 30, 20274. Section B. MAINTENANCE OF BENEFITS For the term of this MOU, all currently effective provisions of the City Council, including ordinances, resolutions, mini-resolutions and budgets relating to any mandatory item of the meet and confer process shall remain in effect as currently administered except as modified by this Agreement. 2 AFFA MOU 2024 – 2027 Section C. SAVINGS CLAUSE If any provision or the application of any provision of this Agreement as implemented should be rendered or declared invalid by any final court action or decree or by reasons of any preemptive legislation, such provision shall be deemed stricken from the Agreement, and any right, benefit or obligation conferred by that provision shall be discontinued. The remaining Sections of this Agreement shall remain in full force and effect for the duration of said Agreement. Section D. STATE AND FEDERAL LAWS The City and Association agree to abide by all State and Federal laws relating to employer-employee relations and employee benefits, and perceived infractions shall not be a grievous offense, but must be pursued through proper legal channels. ARTICLE III. ASSOCIATION RIGHTS Section A. RIGHT TO JOIN The City and the Association recognize the right of the employees to form, join and participate in lawful activities of employee organizations and the equal alternative right of employees to refuse to join or participate in employee organization activities. Section B. USE OF BULLETIN BOARDS The City shall provide for the Association's use designated bulletin boards where employees in the bargaining unit have access during regular business hours subject to the following conditions: 1. All postings for bulletin boards must contain the date of posting and the identification of the organization; and 2. The Association will not post information that is defamatory, derogatory, or obscene subject to the immediate removal of the right to post for a period not to exceed 90 days. Section C. NEW EMPLOYEE ORIENTATION 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 3 AFFA MOU 2024 – 2027 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. 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 AFFA. The City shall deduct dues on a regular payroll basis for employees represented by the AFFA following receipt of written notice from AFFA that written authorization has been provided to the Association by the employee. If an AFFA 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. Section D. ACCESS TO FACILITIES All Association business will be conducted by employees and Association representatives outside of established work hours whenever possible. Nothing herein shall be construed to prevent an Association representative or an employee from contacting the Human Resources Administrator Director or other Management representatives regarding personnel related matters during work hours. The authorized representative shall be given access to work locations during working hours provided that prior to visiting any work location the Association representative shall: 1. Contact the Human Resources AdministratorDirector, the Fire Chief, or their designee, to state the purpose of the visit; and 2. The Human Resources AdministratorDirector, the Fire Chief, or their designee determines that such visit shall not interfere with the operations of the department. Section E. REASONABLE NOTICE It is mutually understood and agreed that a copy of the City Council and/or Human Resources Commission agenda for each meeting emailed to three authorized representatives of the Association shall constitute reasonable written notice of any opportunity to meet with such agencies, on all matters within the scope of representation upon which the City Council or Human 4 AFFA MOU 2024 – 2027 Resources Commission may act. The Association shall provide the Human Resources Administrator Director with the names and addresses of the 3 authorized representatives within 5 days of the effective date of this agreement. Changes of authorized representatives shall be in writing and may be submitted on an as needed basis. Article IV. MANAGEMENT RIGHTS Except as limited by the specific and express terms of this Agreement, the City hereby retains and reserves unto itself all rights, powers, authority, duty and responsibilities confirmed on and vested in it by the laws and the constitution of the State of California, the Charter of the City of Arcadia and/or the laws and Constitution of the United States of America. The management and the direction of the workforce of the City is vested exclusively in the City, and nothing in this Agreement is intended to circumscribe or modify the existing rights of the City to direct the work of its employees; hire, promote, demote, transfer, assign, staff and retain employees in positions within the City, subject to the Personnel Rules and Regulations of the City; suspend or discharge employees for proper cause; maintain the efficiency of governmental operations; relieve employees from duties for lack of work or other good reason; take action as may be necessary to carry out the City's mission and services in emergencies; and to determine the methods, means and personnel by which the operations are to be carried out. Article V. COMPENSATION Section A. CLASSIFICATIONS/SURVEYS/STUDIES The City agrees to increase AFFA base salaries of classifications covered by this MOU as follows: in the amount of 3% effective July 1, 2021, 4% effective July 1, 2022, and 5% effective July 1, 2023. Effective the beginning of the pay period containing July 1, 2024: 7% Effective the beginning of the pay period containing July 1, 2025: 6% Effective the beginning of the pay period containing July 1, 2026: 5% The salary schedules for classifications covered by this MOU are set forth on Exhibit “A” and incorporated herein. Retro increases will be given to COLA base pay and only to those unit members on City payroll as of the date of ratification of this agreement. 5 AFFA MOU 2024 – 2027 Each AFFA member on City payrolls as of the date of ratification of this agreement shall receive a one-time non-PERSable bonus of $1,400. EMT is included in AFFA’s base pay. Therefore, Iin the event the City conducts another compensation study in the future, the City agrees to include EMT Bonus Pay of the surveyed cities as a component of base pay. The City’s last Labor Market Salary Survey was completed December 2020. Should a Labor Market Survey be conducted, The survey utilized a labor market for the City, which included it would include fire service salary data for the County of Los Angeles, and the cities of Alhambra, Burbank, Downey, Monrovia, Monterey Park, Pasadena, Redondo BeachGlendale and West Covina. In the event that one or more of the above cities discontinues operating a City fire department, the following cities, in this order, shall be used to replace any such city: 1) Culver City and 2) Manhattan Beach. The classifications Firefighter and Fire Captain are benchmark classes within the survey. Section B. PROMOTION AND/OR ADVANCEMENT IN RATE OF COMPENSATION Promotion. When an employee is promoted, the pay shall advance to the lowest step in such higher range that will provide not less than approximately a 5% increase in compensation unless the top step in such range provides less than that amount. The 5% shall be measured by the salary from which the employee is promoted. When an employee is promoted to a higher classification, the date of promotion shall be used in determining the date of future step increases. Future step increase considerations for promotions will follow “Advancement Through Steps” below. Any salary increases members are due from promotions or new hires shall continue to be received in accordance with the AFFA Memorandum of Understanding and City Rules and Regulations. These increases shall take place on their hire date or their appointment/promotion date. Advancement Through Steps. 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 in a new classification not previously held by the employee at Step A: Step A to Step C: 6 months 6 AFFA MOU 2024 – 2027 All other Steps: 12 months A salary step advancement at 6 months will be determined upon satisfactory performance evaluation and shall not imply automatic passing of probation at the end of the applicable probationary period. Salary step advancements are not assured. Any step advancement may be withheld or delayed by the appointing authority if the employee’s performance does not merit such advancement. Employees will advance in their rates of compensation two steps (approximately 5%) on their step increase eligibility date upon receiving a satisfactory performance evaluation. Employees starting service at Step A in a new classification, whether newly hired or promoted, will be eligible for a step increase consideration at 6 months of service in their new classification. If a step increase is granted at 6 months, the next step increase consideration will be 12 months from this date and annually thereafter. Employees starting service at any other salary step in a new classification, whether newly hired or promoted, will be eligible for a step increase consideration at 12 months of service in their new classification and annually thereafter. Section C. EDUCATIONAL INCENTIVE COMPENSATION During the term of this contract, both parties agree to meet and confer on the issue of eliminating individual assignment pays and special assignment stipends and building all into single position/class ranges. However, there will be no changes to the MOU language and/or practice unless both parties mutually agree. Qualified employees who possess an Associate of Arts degree, shall receive an additional 2.5% as their regular salary. Employees who possess a Bachelor of Arts or Science degree shall receive an additional 5% as their regular salary. Employees shall qualify for the Education Incentive Compensation increases when they have been awarded a degree in a field closely related to their job duties. Typical fields of specialization include Fire Science, Fire Administration, Management, Business Administration, Psychology, Sociology, Nursing, Allied Health, Emergency Medical Services, and Public Administration. Other areas of specialization will be considered when they are of direct benefit to the City with the approval of the Fire Chief and Human Resources AdministratorDirector. 7 AFFA MOU 2024 – 2027 An employee who does not possess a degree, but has 60 or more college units acceptable to a college or university which is accredited by the California Department of Education towards a Baccalaureate degree and has completed a minimum of 20 units in fire related courses acceptable to an accredited California Junior College towards an Associate of Arts Degree in Fire Science, Fire Administration, Emergency Medical Services or related degree shall receive an additional 2.5% as their regular salary. Degrees shall be granted by colleges and universities which are fully accredited in the state of California. Members Employees who qualify for any step advancement based on education shall provide to the Fire Chief a copy of their transcript which demonstrates that qualified units were achieved, or the notation of the degree received. The copy of the transcript will become part of the individual’s personnel file. Section D. STEP INCREASE PERCENTAGES The parties acknowledge that the percentages between steps shall be as close to 2.5% as the payroll computer's capability allows. Section E. FIRE PREVENTION BUREAU ASSIGNMENT Fire suppression personnel assigned to the Fire Prevention Bureau shall receive $69.23 per pay period in addition to their base salary. Thereafter, the Fire Chief shall set the stipends for this assignment on an annual basis no less than the current MOU provision. During the term of this Agreement, nNon-shift (40-hour workweek) Firefighter personnel assigned to the Fire Prevention Bureau as a Deputy Fire Marshal shall be paid at the same salary range as Fire Captain. In accordance with the provisions of the Fair Labor Standards Act, this additional compensation shall be added to base pay for the computation of overtime for the positions mentioned above. Employees assigned to the Fire Prevention Bureau on a modified work basis (temporary or permanent assignment) due to either an on-the-job or off-the- job illness or injury shall not receive the additional assignment pay. Employees regularly assigned to the Fire Prevention Bureau, who are injured or ill and thereafter return to the assignment on a modified work basis, shall not lose their assignment pay. 8 AFFA MOU 2024 – 2027 Section F. CAPTAIN II COMPENSATION Except as provided hereinafter, during the term of this Agreement a Fire Captain assigned by the Fire Chief to be in command of a Truck Company shall be appointed to Fire Captain II. Fire Captains shall perform administrative duties while assigned as Captain II. A Fire Captain assigned by the Fire Chief to serve as Fire Captain II shall receive 5% in addition to their base salary during the period of the assignment as Captain II. Section G. ADMINISTRATIVE/TRAINING CAPTAIN COMPENSATION During the term of this Agreement a A Fire Captain with a Bachelors’ Degree, assigned by the Fire Chief to be an Administrative/Training Captain shall receive $260 per pay period in addition to their base salary during the period of the assignment as the Administrative Captain. During the term of this Agreement a A Fire Captain with an Associate Degree or equivalent, assigned by the Fire Chief to be an Administrative/Training Captain shall receive $255 per pay period in addition to their base salary during the period of the assignment as the Administrative Captain. Effective the beginning of the pay period starting July 1, 2024, any Fire Captain assigned by the Fire Chief to be an Administrative/Training Captain shall receive $1,300 per month in addition to their base salary during the period of the assignment as the Administrative Captain. Section H. URBAN SEARCH AND RESCUE COMPENSATION (USAR) Effective July 1, 2021, any represented employee who meets the State Office of Emergency Services minimum training standards for Type I Urban Search and Rescue shall receive $68.00 per pay period in addition to their base salary. Effective July 1, 2022, any represented employee who meets the State Office of Emergency Services minimum training standards for Type I Urban Search and Rescue shall receive $86.00 per pay period in addition to their base salary. Effective July 1, 2023, aAny represented employee who meets the State Office of Emergency Services minimum training standards for Type I Urban Search and Rescue shall receive $104.00 per pay period in addition to their base salary. 9 AFFA MOU 2024 – 2027 Section I. OUT OF RANK PARAMEDIC COMPENSATION During the term of this Agreement, a A represented employee who is not assigned as a Firefighter/Paramedic and maintains their Paramedic Certification shall receive $50 per pay period in addition to their base salary. Effective the beginning of the pay period containing July 1, 2024, this compensation shall increase to $1,150/month. Section J. COMPANY OFFICER COMPENSATION Effective the beginning of the pay period following Council adoption of this MOU, employees who possess a valid Company Officer Certification (also referred to as Fire Officer Certification- terms used interchangeably) issued by the State Fire Marshal’s Service or have successfully completed the required coursework to obtain the Certification shall receive $150 per month in addition to their base salary. Employees must provide proof of possession of the Company Officer Certification or completion of all the required coursework, with verification from the Fire Chief, in order to obtain the additional compensation. Employees who receive this additional compensation based on coursework completion must obtain the Company Officer Certification within the timeframe specified in the classification specification when promoting into a classification that requires this Certification in order to continue to receive the additional compensation. Employees who do not obtain the Company Officer Certification within the specified timeframe shall lose the additional compensation immediately upon reaching the time threshold. Section KJ. SPECIAL ASSIGNMENT COMPENSATION Effective the beginning of the pay period following Council adoption of this MOU, theA maximum number of 10 members employees represented by this Agreement who perform special assignments as identified by the Fire Chief shall increase from 10 to 12 and compensation for special assignments shall increase from receive $25 per pay period to $200 per month. These positions shall include the following: Maintenance Coordinator, Communications Coordinator, Paramedic Coordinator, SCBA Coordinator, (3) Shift Arson Investigator, (3) Background Investigator. In addition, Ambulance Operator Coordinator and DMV Coordinator shall be added as eligible assignments effective the beginning of the pay period following Council adoption of this MOU. No employee shall be compensated for performing more than one of these positions. 10 AFFA MOU 2024 – 2027 Section LK. MOVIE DETAIL Employees represented by this Agreement shall be compensated at the top step of the Fire Captain BA hourly rate, with a 6-hour minimum at time and one half for all movie detail worked. In the event of a Movie Detail Cancellation, Arcadia Fire Departmental Policy number 110.1 “Movie Detail Cancellations” will be followed. Article VI. OVERTIME The Fire Chief may require employees in the Fire Department to work at any time other than during regular working hours until such work is accomplished. Section A. FAIR LABOR STANDARDS ACT For periods of time that the Fair Labor Standards Act applies to employees in classifications covered by this Agreement, any such employee who is required to work in excess of the standard hours established by the Act (currently 192 hours in a 24-day period) shall be compensated at the rate of time and one-half the employee's regular rate of pay, provided the employee is not otherwise exempt. Computation of overtime and payment for overtime shall comply with the Department of Labor regulations. Except as provided hereinafter, for purposes of overtime calculation, all paid leaves of absence shall be regarded as hours worked, except sick leave. Sick leave will be regarded as hours worked for any member of this unit with 25 years of service or more with the City of Arcadia. No overtime credit shall be allowed for any period less than one-quarter hour. Section B. MINIMUM CREDIT AND EMERGENCY RECALL No overtime credit shall be allowed for any period less than one-quarter hour, provided that an employee who is recalled back to work after completing a day's work, including any overtime, shall receive a minimum credit of one hour at time and one-half at their hourly rate. Emergency Recall for sworn classifications shall receive a minimum credit of 2 hours overtime at the employee's hourly rate. This also includes members who have reported for duty under normal hiring procedures. Section C. SHIFT EXCHANGES Unit members employees may voluntarily trade shifts among themselves. While the employees’ supervisors must approve the shift trade in writing, no supervisor will require, reward or otherwise compel employees to trade shifts. An employee may refuse to participate in any shift trade without explanation. 11 AFFA MOU 2024 – 2027 Supervisors establish the employees’ schedules to meet the needs of the Department and therefore, shift trading is exclusively for the employees’ convenience. A shift trade under this article results in 1 employee working the shift of another employee or a portion thereof. Both employees will be paid their regular wages for the workweek in which the shift occurred. The employee working the extra shift will receive no overtime compensation for doing so. The employee whose shift was worked by another employee will not forfeit any compensation as a result of the trade. Section D. EARLY RELIEF The practice of “early shift relief” shall be voluntary on behalf of each employee involved in the relief. The employee providing the early relief shall not have compensable hours decreased as a result of the early relief. “Paybacks” of early relief hours are the sole obligation of the two employees involved in the early relief. Any dispute shall be resolved by the involved employees in the early relief, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned to other duties. When early relief is requested by the department, the employee will be compensated following current FLSA overtime procedures. Section E. SHIFT SCHEDULE For periods of time that the Fair Labor Standards Act applies to employees in classifications covered by this Agreement, any such employee who is required to work in excess of the standard hours established by the Act (192 hours in a 24-day period, subsection 7(k) FLSA) shall be compensated at the rate of time and one-half the employee’s regular rate of pay, provided that the employee is not otherwise exempt. Computation of overtime and payment for overtime shall comply with the Department of Labor regulations. Except as provided hereinafter, for purposes of overtime calculations, all paid leaves of absence shall be regarded as hours worked, except sick leave. Sick leave will be regarded as hours worked for any member of this unit with 25 years of service or more with the City of Arcadia. No overtime credit shall be allowed for any period less than one-quarter hour. Article VII. LONGEVITY PAY 12 AFFA MOU 2024 – 2027 Effective the beginning of the pay period containing July 1, 2024, Longevity Pay will be implemented increased based on the following formula: Completed Years of Continuous Service Amount/Pay Period 5-9 Years $42.0292.31 10-14 Years $63.04138.46 15-19 Years $84.06184.62 20+ Years $230.77369.23 The Longevity Pay benefit is effective the pay period an employee completes 5, 10, 15, or 20 years of continuous PERSable employment with the City. The foregoing amounts shall be subject to applicable payroll deductions. Article VIII. RETIREMENT Section A. EMPLOYEES HIRED PRIOR TO JULY 1, 2011 The City contracts with the State of California Public Employees’ Retirement System (CalPERS) for the classifications of Firefighter, Firefighter Paramedic, Fire Engineer, and Fire Captain. The plan shall include the following options: 1. 3% at age 50 retirement formula (Government Code §21362.3). 2. Single highest year final compensation Government Code §20042). 3. Post Retirement Survivor Continuance. 4. Credit for unused sick leave (Government Code § 20965). 5. 1959 Survivors Benefit for which each employee contributes $0.93 per pay period. 6. Fourth level 1959 Survivors Benefit increased allowance (Government Code §21574). 7. Military service credit as public service option (Government Code § 21024). It is agreed and understood that the employee is responsible for paying for this benefit. 8. The City agrees to allow members to participate in a pre-tax payroll deduction plan for service credit purchases. 9. Provided the employee signs a waiver releasing and holding the City harmless from any liability whatsoever, the City agrees to allow members to 13 AFFA MOU 2024 – 2027 use funds from their deferred compensation (457 Plan) towards the pre-tax payroll deduction plan for service credit purchases. 10. Special compensation items shall be reported to CalPERS in accordance with applicable law. 11. Employees agree to make contributions to offset a portion of the City’s costs related to CalPERS retirement benefits. The employee cost-sharing will be accomplished through pre-tax deductions in the manner contemplated by Government Code §20516(f). The parties recognize that the IRS has yet to take a position on the pre-tax status of deductions made under §20516(f) and in the event that, subsequent to the effective date of this provision, the IRS determines that such deductions do not qualify for pre-tax status, the parties agree to meet and discuss the effects thereof. The cost-sharing arrangement will be implemented as below. 12. Employees will continue to pay 9% of PERSable compensation for CalPERS retirement. Employees will also continue to contribute an the additional cost share amount equal to 3% of compensation earnable towards the employer PERS contributioncost share for CalPERS retirement through a phase-in approach, as follows:. The cost share amount is separate from, and in addition to, the 9% required member contribution. a. Effective July 1, 2021, each Classic Member employee shall contribute an additional cost share amount equal to 1% of compensation earnable towards the employer PERS contribution for a total of 10%. b.Effective July 1, 2022, each Classic Member employee shall contribute an additional cost share amount equal to 1% of compensation earnable towards the employer PERS contribution, for a total of 11%. c.Effective July 1, 2023, each Classic Member employee shall contribute an additional cost share amount equal to 1%, of compensation earnable towards the employer PERS contribution, for a total of 12%. 13. The City shall continue to pay the full cost of the employees’ normal member contribution to CalPERS of 9% (EPMC) and shall continue to report that as additional compensation pursuant to Government Code §20636(c)(4). Further, said amount will be allocated to the employee’s retirement account. 14 AFFA MOU 2024 – 2027 14. The Pre-Retirement Option 2W Death Benefit (Government Code §21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional Benefits), employees agree to cost share this benefit with the City through pre-tax deductions in the manner contemplated by §20516(f) of the Government Code. The parties recognize that the IRS has yet to take a position on the pre-tax status of deductions made under §20516(f) and in the event that, subsequent to the effective date of this provision, the IRS determines that such deductions do not qualify for pre-tax status, the parties agree to meet and discuss the effects thereof. It is agreed and understood that both parties shall split the cost of this optional benefit which was determined to be a total of 0.22%. the cost sharing arrangement will be implemented as follows: a. Employees will pay 0.11% of PERSable compensation to CalPERS retirement via payroll deduction; and the City will pay 0.11% 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 of Firefighter, Firefighter Paramedic, Fire Engineer, and Fire Captain. The plan shall include the following options: 1. 3% at age 50 retirement formula (Government Code §21362.3). 2. Single highest year final compensation Government Code §20042). 3. Post Retirement Survivor Continuance. 4. Credit for unused sick leave (Government Code § 20965). 5. 1959 Survivors Benefit for which each employee contributes $0.93 per pay period. 6. Fourth level 1959 Survivors Benefit increased allowance (Government Code §21574). 7. Military service credit as public service option (Government Code § 21024). It is agreed and understood that the employee is responsible for paying for this benefit. 8. Employee will pay the full 9% member contribution to CalPERS on a pre-tax basis via payroll deduction. 15 AFFA MOU 2024 – 2027 9.Employees will also continue to contribute the additional cost share amount equal to 3% of compensation earnable towards the employer PERS contribution cost share for CalPERS retirement through a phase-in approach as listed below. The cost share amount is separate from, and in addition to, the 9% required member contribution described in Subsection 8 above. The employee cost share amount will be accomplished through pre-tax deductions in the manner contemplated by Government Code Section 20516(f). The parties recognize that the IRS has yet to take a position on the pre-tax status of deductions made under Government Code Section 20516(f). In the event that such deductions do not qualify for pre-tax status, the parties agree to meet and discuss the effects of that change. a. Effective July 1, 2021, each Classic Member employee shall contribute a cost share amount equal to 1% of compensation earnable towards the employer PERS contribution. b. Effective July 1, 2022, each Classic Member employee shall contribute an amount equal to 1% of compensation earnable towards the employer PERS contribution, for a total additional cost share amount of 2%. c. Effective July 1, 2023, each Classic Member employee shall contribute an amount equal to 1%, of compensation earnable towards the employer PERS contribution, for a total additional cost share amount of 3%. 10. The City agrees to allow members to participate in a pre-tax payroll deduction plan for service credit purchases. 11. Provided the employee signs a waiver releasing and holding the City harmless from any liability whatsoever, the City agrees to allow members to use funds from their deferred compensation (457 Plan) towards the pre-tax payroll deduction plan for service credit purchases. 12. Special compensation items shall be reported to CalPERS in accordance with applicable law. 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 16 AFFA MOU 2024 – 2027 parties agree to meet and discuss the effects thereof. It is agreed and understood that both parties shall split the cost of this optional benefit which was determined to be a total of .22%. the cost-sharing arrangement will be implemented as follows: a.Employees will pay 0.11% of PERSable compensation to CalPERS retirement via payroll deduction; and the City will pay 0.11% of PERSable compensation to CalPERS retirement. Section C. EMPLOYEES HIRED ON OR AFTER OCTOBER 9, 2011 OTHER THAN NEW CALPERS MEMBERS The City contracts with the State of California Public Employees’ Retirement System (CalPERS) for the classifications of Firefighter, Firefighter Paramedic, Fire Engineer, and Fire Captain. The plan shall include the following options: 1. 3% at age 55 retirement formula (Government Code §7522.25). 2. 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. Fourth level 1959 Survivor’s Benefit increased allowance (Government Code §21574). 7. Military service credit as public service option (Government Code §21024). It is agreed and understood that the employee is responsible for paying for this benefit. 8. Employees will pay the full 9% member contribution to CalPERS on a pre- tax basis via payroll deduction. 9. Employees will also continue to contribute the additional cost share amount equal to 3% of compensation earnable towards the employer PERS contributioncost share for CalPERS retirement through a phase-in approach as listed below. The cost share amount is separate from, and in addition to, the 9% required member contribution described in Subsection 8 above. The employee cost share amount will be accomplished through pre-tax deductions in the manner contemplated by Government Code Section 20516(f). The parties recognize that the IRS has yet to take a 17 AFFA MOU 2024 – 2027 position on the pre-tax status of deductions made under Government Code Section 20516(f). In the event that such deductions do not qualify for pre-tax status, the parties agree to meet and discuss the effects of that change. a. Effective July 1, 2021, each Classic Member employee shall contribute a cost share amount equal to 1% of compensation earnable towards the employer PERS contribution. b. Effective July 1, 2022, each Classic Member employee shall contribute an amount equal to 1% of compensation earnable towards the employer PERS contribution, for a total additional cost share amount of 2%. c. Effective July 1, 2023, each Classic Member employee shall contribute an amount equal to 1%, of compensation earnable towards the employer PERS contribution, for a total additional cost share amount of 3%. 10. The City agrees to allow members to participate in a pre-tax payroll deduction plan for service credit purchases. 11. Provided the employee signs a waiver releasing and holding the City harmless from any liability, whatsoever, the City agrees to allow members to use funds from their deferred compensation (457 plan) towards the pre- tax payroll deduction plan for service credit purchases. 12. Special compensation items shall be reported to CalPERS in accordance with applicable law, 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 0.22%. The cost-sharing arrangement will be implemented as follows: a. Employees will pay 0.11% of PERSable compensation to CalPERS retirement via payroll deduction; and the City will 0.11% of PERSable compensation to CalPERS retirement. 18 AFFA MOU 2024 – 2027 Section D. NEW CALalPERS MEMBERS HIRED AFTER JANUARY 1, 2013 The City contracts with the State of California Public Employees’ Retirement System (CalPERS) for the classifications of Firefighter, Firefighter Paramedic, Fire Engineer, and Fire Captain. The plan shall include the following options: 1. 2.7% at age 57 retirement formula (Government Code §7522.25). 2. 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. Fourth level 1959 Survivor’s Benefit increased allowance (Government Code §21574). 7. Military service credit as public service option (Government Code §21024). It is agreed and understood that the employee is responsible for paying for this benefit. 8. Employee will pay 50% of the normal cost, currently 13.25% member contribution to CalPERS on a pre-tax basis via payroll deduction (Government Code §7522.30). 9. The City agrees to allow members to participate in a pre-tax payroll deduction plan for service credit purchases. 10. Provided the employee signs a waiver releasing and holding the City harmless from any liability, whatsoever, the City agrees to allow members to use funds from their deferred compensation (457 plan) towards the pre- tax payroll deduction plan for service credit purchases. 11. Special compensation items shall be reported to CalPERS in accordance with applicable law, and 12. The Pre-Retirement Option 2W Death Benefit (Government Code §21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional Benefits), employees agree to cost share this benefit with the City through pre-tax deductions in the manner contemplated by §20516(f) of the Government Code. The parties recognize that the IRS has yet to take a position on the pre-tax status of deductions made under §20516(f) and in 19 AFFA MOU 2024 – 2027 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 0.22%. The cost-sharing arrangement will be implemented as follows: a. Employees will pay 0.11% of PERSable compensation to CalPERS retirement via payroll deduction; and the City will pay 0.11% of PERSable compensation to CalPERS retirement. Article IX. RETIREE MEDICAL Section A. RETIREE MEDICAL– EMPLOYEES HIRED PRIOR TO JULY 1, 2011 For employees hired before July 1, 2011, and retiring from the City on or after January 1, 2012 (“Tier 2 Retirees”), the City agrees to provide a premium reimbursement for the purpose of purchasing health coverage offered through CalPERS for the Tier 2 Retiree and their spouse in an amount not to exceed the monthly premium applicable to the coverage level for the retiree (i.e. Employee Only or Employee + spouse) up to $505.63 for employees only and up to $1,011.26 for employee + spouse. The Premium Payment shall be payable in the following form: (1) PEMHCA Minimum contribution payable directly to CalPERS, and (2) a reimbursement to the Tier 2 Retiree equal to the difference between the cost of plan in which the Tier 2 Retiree enrolls, subject to the foregoing cap, and the PEMHCA Minimum contribution (“Reimbursement”). If a retiree enrolls in a more expensive plan, they will be responsible for payment of any premium in excess of the capped amount. The reimbursement shall cease for the Tier 2 retiree upon eligibility for Medicare coverage, and the spousal reimbursement shall cease upon eligibility for Medicare coverage, or after 15 years, whichever occurs first. Tier 2 Retirees must be “eligible retirees” in order to receive the benefits described in this paragraph. 1. An “eligible retiree” is a sworn unit member employee who retires on a service, disability, or industrial disability retirement and has 1,500 hours of accumulated sick leave at the date of retirement. An employee who has fewer than 1,500 hours of accumulated sick leave at the date of retirement may become eligible for coverage for the employee and spouse health insurance premium by paying the City an amount equal to their daily pay rate at the time of retirement times the number of days needed to meet the 1,500 hours of accumulated sick leave requirement. There are 3 conditions for employees to be eligible to exercise this buyback provision: 20 AFFA MOU 2024 – 2027 a. The employee must be at least 50 years old. b.The employee must have worked full-time continuously for the City of Arcadia for a minimum of 15 years, and c. The employee is limited to purchasing a maximum of 500 hours of sick leave; provided, however, upon verification of information from a qualified medical provider that an employee has substantially depleted the employee’s sick leave accrual due to an absence or absences caused by a serious illness or injury suffered by the employee or a family dependent living in the employee’s household, this purchase limitation of 500 hours will be excused. 2. 40-Hour Week Schedule. A unit member employee assigned to a 40-Hour week schedule who retires on a service, disability, or industrial disability retirement and has 1,000 hours of accumulated sick leave at the date of retirement, is also an “eligible retiree.” An employee in the 40-hour week who has fewer than 1,000 hours of accumulated sick leave at the date of retirement may become eligible for coverage for employee and spouse health insurance premium by paying the City an amount equal to their hourly pay rate at the time of retirement times the number of hours needed to meet the 1,000 hours of accumulated sick leave requirement. There are 3 conditions for an employee assigned to a 40-hour workweek to be eligible to exercise this buyback provision: a. The employee must be at least 50 years old. b. The employee must have worked full-time continuously for the City of Arcadia for a minimum of 15 years, and c. The employee is limited to purchasing a maximum of 350 hours of sick leave; provided, however, upon verification of information from a qualified medical provider that an employee has substantially depleted the employee’s sick leave accrual due to an absence or absences caused by a serious illness or injury suffered by the employee or a family dependent living in the employee’s household, this purchase limitation of 350 hours will be excused. In addition, the eligible employee must apply prior to retirement for such coverage through Human Resources. The Association shall notify Human Resources in the event of the death of a retired member. In order to be eligible for retiree health coverage, the employee, and if applicable, the employee’s spouse, must be enrolled in CalPERS retiree medical a City-sponsored health plan as of the retiree’s last day of work and maintain eligibility to continue in the CalPERS Health Program as stipulated by the Health ProgramCalPERS. 21 AFFA MOU 2024 – 2027 Section B. RETIREE MEDICAL 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 3 Retiree) or who do not meet the 3 conditions outlined in Section A, above, the City will pay no more than the PEHMCA Minimum contribution. Tier 3 Retirees shall not be reimbursed or otherwise receive payment from the City for health insurance premiums in excess of the PEMHCA Minimum contribution. Section C. RETIREE MEDICAL TRUST The Association will establish participation in a retiree medical plan administered by the PORAC Retiree Medical Trust, and the cost of establishing the trust shall be at no cost to the City. The City is not a party to the Trust, aside from transferring funds, and has no obligations to the management, regulatory compliance, or performance of the Trust. 1. Contributions to the PORAC Retiree Medical Trust a. Employer Contributions. The City will transfer to the PORAC Retiree Medical Trust a monthly pre-tax employer contribution on $151.00 for each employee working in the bargaining unit represented by the Association, on an ongoing twice monthly (24 times per year) basis of $75.50, in perpetuity. b. Employee Contributions. The City will deduct from each paycheck (24 times per year) and remit to the Trust a pre-tax employee contribution for each employee working in the bargaining unit represented by the Association. The amount will be specified in writing to the City by the Association, and each employee will contribute the same predetermined dollar amount. 2. The City will comply with reasonable rules set by the Trust Office with regard to reporting and transferring the required contributions set forth above typically involving providing the Trust Office with the name, social security, number and amount paid for each employee. In the event the reporting requirement of the Trust requires reporting beyond that which the City typically provides for other similar purposes (health insurance, the City may require the Association to pay for any costs related to programming or producing such reports. Prior to engaging in any activity that could result in such an expense, the City will secure the Association’s authorization. 3. The Association agrees to indemnify and hold the City harmless from any liabilities of any nature which may arise as a result of the operating of the PORAC RMT, except for the obligation of the City to make and report the 22 AFFA MOU 2024 – 2027 non-elective transfer of employee contributions and employer contributions as described above. 4. The monies contributed to the Trust fund shall only be used for retiree health insurance premiums or health care expenses, as allowed by law. There shall be no employee election/option available to take such amount in unrestricted cash. 5. The purpose of this Trust shall be to provide for retiree health care expense reimbursement benefits. The Trust shall be and remain separate and apart from any of the City health insurance funding programs, unless changed by mutual written agreement of the parties. The contributions made by the employer as set forth above shall not be included as salary for purpose of calculating pension benefits. 6. Employer contributions can only be increased by mutual written recommendation between the City and the Association. The City hereby acknowledges receipt of the Trust Agreement governing the Trust and will comply with rules set by the Trust Office in regard to reporting and depositing the required contributions set forth above. The City will cooperate with the Trust in allowing a payroll audit only for the purpose of ascertaining if the proper amount of contributions has been made. ARTICLE X. HEALTH, DENTAL, VISION, LIFE INSURANCE, AND DEFERRED COMPENSATION Section A. CONTRIBUTIONS The City shall provide regular full-time employees in a classification represented by this Agreement with the following contributions: 1. CalPERS Health Program. The City will contribute the Public Employees’ Medical and Hospital Care Act (PEMHCA) minimum employer contribution required pursuant to Government Code §22892(b) (“PEMHCA Minimum Contribution”) per month per employee for health insurance. The PEMHCA minimum is included within the City’s contribution. 2.Dental Insurance – mandatory enrollment. The City will contribute the employee only cost for DeltaCare USA insurance per month (“Dental Contribution”) toward one of two dental plans. Additional coverage may be purchased through the Optional benefits allocation. 23 AFFA MOU 2024 – 2027 3.Optional Benefits. Subject to the limits set forth herein, the City shall contribute the remaining amount of employee’s health and dental insurance benefit allowance through a contribution to an Internal Revenue Code §125 Cafeteria Plan as follows: Beginning July 1, 2024, the benefit allowance rates shall be: a.Single employees without dependents, hereinafter referred to as “Employee Only,” shall receive a contribution from the City, inclusive of the Minimum Contribution and Dental Contribution, toward the cost of premiums not to exceed $653775/month. b. Employees with one qualified dependent hereinafter referred to as “Employee + 1” shall receive a contribution from the City, inclusive of the Minimum Contribution and Dental Contribution, towards the cost of premiums not to exceed $1,1581,550/month. c. Employees with two or more qualified dependents, hereinafter referred to as “Family,” shall receive a contribution from the City, inclusive of the Minimum Contribution and Dental Contribution, towards the cost of premiums not to exceed $1,4602,000/month. For example, an employee shall receive a monthly contribution from the City as follows: Employee Only Employee + 1 Family PEMHCA minimum* $143157.00* $ 143157.00* $ 143157.00* Minimum Dental $ 16.409*$ 16.4093* $ 16.9340* Optional Benefits $601.60493.07 $1,376.60998.07 $1,300.071,826.60 Total $653775.00 $1,1581,550.00 $1,4602,000.00 *Numbers used in this example are 20241 rates. For the duration of this Agreement, the City will not reduce the benefit allowance amounts stated in this MOU, nor will they pay less than the minimum contributions outlined in this section. If the premium cost of the health and dental plans in which an employee enrolls exceeds the City's benefit contribution, the employee shall pay through payroll deduction the difference between the monthly premium and the amount contributed by the City. The employee shall forfeit any balance should the City's contribution exceed the cost of the premium. 24 AFFA MOU 2024 – 2027 The employee's exercise of the option to use the difference toward dependent health coverage is subject to the conditions controlling enrollment periods and eligibility established by the respective plans or carriers. Dependent enrollment will require proof of eligibility for dependent status including social security number, marriage, birth and/or adoption certificates. 4. Life Insurance. As soon as practical with the insurance carrier, Tthe City shall provide a $75,000$25,000 life insurance and/$50,000 accidental death and dismemberment benefit for eligible employees. The City agrees to pay up to $10,000 for funeral expenses for members employees killed in the line of duty or work-related death within five (5) years after retirement. 5.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. 6. Deferred Compensation. Employees may elect to allocate salary to the City’s 457 Pre-Tax Contribution Plan and/or the newly available Roth Contribution Plan, in accordance with the provisions of the Plan. During the term of this agreement, tThe City shall contribute to each employee’s IRC 457 Deferred Compensation Account in the following amounts: a. $100.05 per pay period starting July 1, 2016 and to continue indefinitely unless otherwise amended through labor negotiations. b. It is understood by the parties that deferred compensation contributions are paid over 24 pay periods each calendar year. Article XI. DISABILITY INCOME INSURANCE The City does not contribute to disability income insurance for represented employees. The Association agrees to purchase its own disability insurance through payroll deductions. ARTICLE XII. UNIFORMS Section A. UNIFORM SUPPLY 25 AFFA MOU 2024 – 2027 The initial supply of uniforms is: 4 pair of work pants, 3 work shirts, 1 belt, 1 belt buckle, 2 pair of work boots, badge, and a work jacket. The Captain class "A" uniform includes: 1 pair of dress pants, a Double- Breasted jacket, white long sleeve shirt, tie, billed hat, and dress badge The Firefighter, Firefighter/Paramedic and Fire Engineer class “A” uniform includes: 1 pair of dress pants, 1 dress shirt, tie, billed hat, and dress badge. The above items are supplied upon employment to all personnel and Captain class “A” uniform immediately following promotion. Section B. UNIFORM REPLACEMENT PROGRAM There shall be a Uniform Replacement Program for the following items: 1.Shirts 2. Trousers 3. Work Jacket The program shall be administered by, and at the discretion of the City, for the purpose of providing replacement of worn items only. Section C. SAFETY SHOES The City of Arcadia shall set standards for footwear in the Arcadia Fire Department. The City shall provide a safety boot for each member of the Fire Department who is involved in the suppression of fires. This boot will be required footwear for the department. The total cost of the safety boot shall be borne by the City. Increases in cost for the safety boot shall also be absorbed by the City. The only footwear cost the City will pay is for the safety boot. Responsibility for standards of footwear is the City's alone. Section D. RETURN OF UNIFORMS Upon termination of employment the employee shall turn in all current uniforms issued in their possession or shall have a dollar amount equal to the lost uniforms' cost deducted from the employee's final check. Section E. UNIFORM REPORTING The City shall report $25.19 per pay period to CalPERS as special compensation for department issued uniforms to the extent permitted by law. “New Members” as defined under the Public Employees’ Pension Reform Act 26 AFFA MOU 2024 – 2027 of 2013 will not have the value of the uniforms reported as special compensation. Article XIII. 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 Director and Human Resources Administrator Director 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. 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 be terminated for disciplinary cause within one year from the completion of a class or classes shall refund all tuition paid under this provision for those specific classes unless they were required to attend by the appointing power. An employee who separates employment and who received tuition advancement and did not complete a class or classes within one (1) year from the advancement, shall refund all tuition advanced and be subject to the provisions outlined in the Advanced Tuition Participation and Loan Agreement. Employees who retire on a Disability or Industrial Disability Retirement or are laid off shall not be required to refund tuition fees. The City reserves the right to investigate any school and approve or deny it for advancement or reimbursement if such action appears warranted. 27 AFFA MOU 2024 – 2027 Courses must be taken at an accredited education institution, which is defined as any college or university which has been accredited by a recognized government or professional accrediting body (as determined by the City). Additionally, the City reserves the right to deny any course(s), specialized training or degree programs determined by the City Manager to be non-job related. Article XIV. LEAVES In accordance with the current Personnel Rules and Regulations of the City of Arcadia, all leaves for classifications represented by this Agreement shall be provided for as follows: Section A. POWER TO GRANT LEAVES Upon the written request of an employee stating the reasons therefore, the appointing power with the approval of the City Manager shall have power to grant leaves of absence with or without pay subject to the following restrictions: 1.Length. Leave of absence without pay may be granted for a period not to exceed one (1) year with the exception that military leaves may be granted for the duration of a war or national emergency or as required by the Military and Veterans' code. 2. Reason. A leave of absence may be granted an employee, provided he/she meets all other requirements set forth in this rule, who desires to attend school or college or to enter training to improve the quality of his/her service, who enters military service of the United States, who is temporarily incapacitated by illness, or who presents some other reasons equally satisfactory. 3. Right to Return. The granting of a leave of absence without pay confers upon the employee the right to return to his/her classification before or at the expiration of his/her leave of absence. Therefore, a leave of absence shall be granted only to an employee who intends to return to his classification with the City. 4. Service Record. No request for leave of absence will be considered unless the employee presenting the request has a satisfactory service record. An employee granted a leave of absence may be required by the appointing power or the City Manager to successfully pass a medical examination prior to being allowed to return to work. 28 AFFA MOU 2024 – 2027 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 B. MILITARY LEAVE Any employee who is a member of the reserve corps of the armed forces of the United States or of the National Guard or the Navy Militia shall be entitled to a temporary military leave of absence as provided by applicable Federal law and applicable California State law. 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. Section C. VACATION LEAVE During the course of this MOU, 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. However, there will be no changes to the MOU language and/or practice unless both parties mutually agree. 1.Employees assigned to a 24 hour shift schedule in the classification of Firefighter, Firefighter Paramedic, Fire Engineer and Fire Captain with the exception of temporary appointments, shall accumulate vacation leave beginning with the first full pay period of employment, at the rates shown below. of 7.384 hours per pay period during the first five years of continuous full time employment with the City (8.0 shifts per year); at the rate of 8.307 hours per pay period between the employee’s fifth and tenth anniversary date of continuous full-time employment; at the rate of 10.153 hours per pay period between the employee’s tenth and fifteenth anniversary date of continuous full time employment; and at the rate of 11.076 hours per pay period after the completion of fifteen years of continuous full time employment with the City (12 shifts per year). For employees assigned to 24-hour shifts, a "day" means 12 hours or one-half (1/2) shift. Years of Service Accrual Rate (hours/pay period) Hours Accrued in a Year Max Accrual 29 AFFA MOU 2024 – 2027 0-5 Years 7.384 191.984 287.976 6-10 Years 8.307 215.982 323.973 11-15 Years 10.153 263.978 395.967 15+ Years 11.076 287.976 431.964 Vacation may not be accumulated beyond the “Max Accrual” amounts listed above. Once an employee has accumulated this amount, no more vacation will be accrued by the employee until the employees' accrual has been reduced below this maximum amount. 2. Sworn employees assigned to a 40-hour week schedule, with the exception of temporary appointments, shall accumulate vacation leave with pay beginning with the first full pay period of employment at the rates shown below. A Fire Captain assigned by the Fire Chief as Administrative Captain shall accrue the per-pay-period vacation amounts shown below and up to the Maximum Accrual shown in #1 above for the duration of the Administrative Captain assignment. of 4.61 hours per pay period during the first ten years of continuous full time employment with the City and at the rate 6.77 hours per pay period after the completion of ten years of continuous full time employment with the City. Years of Service Accrual Rate (hours/pay period) Hours Accrued in a Year Max Accrual 0-10 Years 4.610 119.860 179.790 10+ Years 6.770 176.020 264.03 Vacation may not be accumulated beyond the “Max Accrual” amounts listed above. Once an employee has accumulated this amount, no more vacation will be accrued by the employee until the employees' accrual has been reduced below this maximum amount. 3.Accumulated vacation leave shall be granted at the discretion of the appointing power. 4. Vacation may not be accumulated beyond the amount accumulable for 65 pay periods. Once an employee has accumulated this amount, no more vacation will be accrued by the employee until the employees' accrual has been reduced below this maximum amount. 5.4. 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. 30 AFFA MOU 2024 – 2027 6.5. 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. 7.6. Upon termination, vacation used shall be pro-rated against vacation earned. Every City employee who leaves the City employ for any reason shall be granted all accumulated vacation or shall be paid therefore at his/her rate of compensation applicable at the time he/she leaves the City employ. If an employee works more than 50% of the pay period, the employee shall receive credit for 50% of that pay period's vacation. 8.7. Every City employee who leaves the City employ for any reason shall be granted all accumulated vacation or shall be paid therefore at his/her rate of compensation applicable at the time he/she leaves the City employ. If an employee works 50% of the pay period, the employee shall receive credit for that pay period's vacation accrual. In an employee works less than 50% of the pay period, the employee accrues nothing. Section D. SICK LEAVE 1.All employees in classifications represented by this Agreement with the exception of temporary appointments, shall accrue sick leave beginning with the first full pay period of employment on the basis of 5.54 hours for each pay period of service completed with the City (6 shifts per year) or 1 hour for every 30 hours worked, whichever is greater. The maximum accrual per year is 144 hours. 2. Paid sick leave will carry over each year of employment. Sworn employees may accumulate up to a maximum of 2,100 hours of sick leave. For employees assigned to 24 hours shifts, a "day" means 12 hours or one-half (1/2) shift. 3. Sick leave means 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, and 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 31 AFFA MOU 2024 – 2027 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). ; and/or, c.d. An employee may designate one additional person per 12- month period at the time the employee requests sick leave. An employee will make reasonable effort to schedule medical appointments during non-working hours. 4. Kin Care Leave. In addition to the prescribed purposes of paid sick leave in section 3, 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 stand loco parentis regardless of age or dependency), spouse, or registered domestic partner, and an employee may designate one additional person per 12-month period at the time the employee requests sick leave. 5. Sick leave may be used by an employee in accordance with sections 3 and 4 above. The minim increment of use of paid sick leave shall be 2 hours. Any employee when off-duty as a result of personal or family illness shall report the fact immediately to their supervisor, or to the officer then in charge at the department, giving the nature of the illness or circumstances relative to their absence. 6.The term "immediately" means that the employee or someone acting for the employee, shall notify the department as soon as it becomes apparent that the employee will not be able to report for duty. 7. Proof Of Illness. 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 Fire Chief and the City Manager may require an employee to provide medical certification or evidence of the reason for any employee’s sick leave absence that occurs after the employee has used five (5)3 days of paid sick leave in a year of 32 AFFA MOU 2024 – 2027 employment. If the employee fails to provide such evidence as required by the Fire Chief, and within the limit specified by the department, the absence will be charged to leave without pay. 8.Denial. The Fire Chief and City Manager may deny or revoke sick leave if the illness or injury for which it is taken is caused or substantially aggravated by compensated outside employment. 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. If an employee works less than 50% of the pay period, the employee accrues nothing. 0 to 24 hours: No accrual 24-55:1 hour 55 and above: 3.693 hours Unused sick leave is not cashed upon termination, resignation, retirement, or other separation from employment. Unused sick leave maybe converted to retirement service credits, as may be permitted under applicable retirement system and regulations. If an employee separates from employment with the City and is rehired within one year from separation, up to 8048 hours or 106 days, whichever is greater depending on the employee’s regular scheduled workday, of accrued and unused sick leave will be reinstated. Unused Sick Leave: Unused sick leave is not cashed 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 and regulations. Employees hired before July 1, 2024, who retire with the City of Arcadia may convert any unused sick leave up to the maximum sick leave accumulation specified above (i.e. 2,100 hours) into retirement service credits. Employees hired on or after July 1, 2024, who retire with the City of Arcadia may convert any unused sick leave up to 1,000 hours into retirement service credits, except for lateral employees hired with the City through August 2024 who shall be subject to the provisions of the paragraph immediately above. No other exceptions shall apply. 33 AFFA MOU 2024 – 2027 Section E. BEREAVEMENT LEAVE Death In Family. An employee represented by this Agreement, with the exception of temporary appointments, may be granted a leave of absence with pay upon approval of the Fire Chief and the City Manager at the time of death, or where death appears imminent, in the immediate family, defined as the spouse, the employee's or employee's spouse's mother, stepmother or father, stepfather, brother or sister or step sibling, child or stepchild, grandparents, grandchildren, or any relative of the employee or employee's spouse residing in the same household. Such leave, up to a maximum 4 working days at one time (or six (6) working days if travel outside of the following Counties is required: Imperial, Kern, Los Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, San Luis Obispo and Ventura), shall not be charged against sick or other leave. If over four (4) working days of such leave is granted at one time, or over six (6), if applicable, that amount over four (4) or six (6) days shall be charged against sick or other leave. For employees assigned to 24 hours shifts, a "day" means 12 hours or 1/2 shift. In accordance with Assembly Bill 1949, employees will be entitled to take up to five (5) days of unpaid bereavement leave for spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. Employees may use a combination of leave balances and paid bereavement leave specified in this paragraph. Reproductive Loss. In accordance with Senate Bill 848, employees who have worked for the City for at least 30 days and have suffered a reproductive loss event will be entitled to up to five (5) days of unpaid protected leave. A reproductive loss event is defined as the day or, for a multi-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth or an unsuccessful assisted reproduction. The 5 days must be taken within three months of the event. The employee may use a combination of leave balances and paid bereavement leave specified in the paragraph above. Section F. WORKERS' COMPENSATION In those instances where an employee of the City of Arcadia is injured on duty and the injury or illness is so recognized by the Workers' Compensation Act of California, by the City of Arcadia or the Workers' Compensation Appeals Board, such employee shall be paid a combination of salary and Worker' Compensation equal to his/her regular salary rate for such time as he/she is absent from duty because of such injury or illness up to a maximum of one (1) year from and after date of such injury or illness. Lost time due to an injury or illness on duty shall not be charged against an employee's accumulated sick leave. Pursuant to the Internal Revenue Code, Section 104 (a) (1), Workers' Compensation benefits are not taxable income. 34 AFFA MOU 2024 – 2027 Section G. HOLIDAYS Employees in the classifications of Firefighter, Firefighter Paramedic, Fire Engineer and Fire Captain shall be allowed the following 12 holidays with full pay: New Year's Day Martin Luther King, Jr. Day President’s Day Cesar Chavez Day Memorial Day Independence Day Labor Day Admission Day Columbus Day Thanksgiving Day Day After Thanksgiving Christmas Day The 144 hours of annual holiday-in-lieu pay must be cashed out (not to be used for time off) prior to the end of each fiscal year and is intended as additional compensation for employees. 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. The regular rate of pay calculation includes Longevity Pay. Each holiday listed above is 12 hours or ½ shift. Section H. JURY LEAVE When a City employee is called or required to serve as a juror, attendance shall be deemed a leave of absence with full pay for hours served within a one 2-week period per year. For each day the employee receives jury leave pay, the employee shall remit to the City all fees received except mileage. Section I. WITNESS LEAVE An employee who is subpoenaed or required to appear in Court as a witness shall be deemed to be on a leave of absence. With approval of the appointing power and City Manager, the employee may be granted leave with pay during the required absence. The employee shall remit to the City all fees received except mileage. A paid leave of absence shall not be granted for time spent in Court on personal cases. Section J. UNAUTHORIZED ABSENCE Unauthorized leaves of absence are cause for immediate dismissal. 35 AFFA MOU 2024 – 2027 Section K. UNION LEAVE Upon approval of the Fire Chief, AFFA board members or their designees may be granted time off with pay to attend conferences, meetings, or other union business. Reasonable notice must be provided to the Fire Chief when requesting union leave. The City will provide one Union Leave Bank of 48 hours per fiscal year where all AFFA Board Members are able to draw down from to attend conferences, meetings, and/or union business. Article XV. PROBATIONARY PERIOD Section A. The probationary period is part of the examination process. It is a work-test period during which the employee's performance and conduct on the job are evaluated to determine whether or not the employee is fully qualified for permanent appointment. During the probationary period, a probationer may be released, or demoted if permanent status is held in a lower classification, without the right of appeal, if the appointing power deems the probationer unfit or unsatisfactory for service. When an acting assignment is made, it must be given to a unit employee member who meets the current minimum qualifications for the position and has been placed on a current eligibility list. In the absence of a current eligibility list, the acting assignment shall be given to a unit employee member who meets the current minimum qualifications and has been placed on an eligibility list for the assigned position in the past. Before an eligible candidate is to be placed in an acting position, the current vacancy shall remain open for a period of no less than 6 shifts. Time worked in an acting position will not count as time worked on probation if a probationary appointment is made. All probationary periods will be 12 months. Section B. All eligible candidates appointed to a position from an open competitive examination and/or who are not currently employed by the City in a permanent position shall be on probation for 12 months before attaining permanent status. 36 AFFA MOU 2024 – 2027 Section C. Eligible candidates who are currently employed by the City in a permanent position and are appointed from a promotional or open competitive list shall be on probation for 12 months before attaining permanent status. Section D. Any pProbationary period may be extended for up to six a one (6) - months period with the approval of the Human Resources Administrator. Article XVI. EMT-1 CERTIFICATION All members of the unit employees shall, at a minimum, maintain an EMT-1 Certification, or equivalent, with appropriate accreditations through the County and State and recertify every 2 years. Training and recertification classes shall be conducted on City time. Failure to obtain the certification or to recertify is cause for progressive disciplinary action. Article XVII. NO SMOKING POLICY In recognition of the health hazards arising from the use of tobacco products, the parties agree that as a condition of employment, all unit members hired after July 1, 1991 shall sign individual agreements that the employee shall refrain from smoking, vaping, chewing or otherwise using tobacco products such as, but not limited to, cigarettes, cigars, pipe tobacco, chewing tobacco, hookah, or snuff. An employee who fails to comply with the Agreement shall receive a written warning for the first offense, 2 shifts off without pay for the second offense and shall be discharged for the third offense. Employees will also refrain from smoking marijuana or smoking products that contain marijuana while employed with the City of Arcadia. Failure to comply will result in disciplinary action as outlined in the City’s Drug and Alcohol Policy. Article XVIII. RESPONSE TIME Due to the emergency requirements of prompt response time, all members of the unit employees are expected to return to work as soon as possible when required to respond to local emergencies. Employees shall be required to 37 AFFA MOU 2024 – 2027 make themselves available to emergency recall response within 12 hours of notification. Article XIX. STAFFING Section A. DAILY STAFFING LEVELS During the course of this contract, the minimum daily staffing of fire suppression personnel shall be seventeen (17) and shall consist of: Battalion 105 ..................... Fire Battalion Chief Engine 105 ........................ Fire Captain, Fire Engineer, and Firefighter or Firefighter/Paramedic Engine 106 ........................ Fire Captain, Fire Engineer, and Firefighter or Firefighter/Paramedic Engine 107 ........................ Fire Captain, Fire Engineer, and Firefighter/ Paramedic Truck 105 .......................... Fire Captain, Fire Engineer, and Firefighter Rescue Ambulance 105 .... Two (2) Firefighters/Paramedics Rescue Ambulance 106 .... Two (2) Firefighters/Paramedics Notes: 1.At the discretion of the Fire Chief or designee, E107 may be staffed with a Firefighter in lieu of a Firefighter/Paramedic on a temporary basis to meet the needs of the department. 2. Management reserves the right, in the event of a disaster or operational crisis, to staff the above positions in acting capacities on a temporary basis. Section B. STRIKE TEAM REST PERIOD Upon returning from a strike team deployment, it will, when deemed necessary, be mutually agreed upon by both the company officer and the duty chief to grant a period of rest. During this period members will be excluded from training, daily duties, and other activities in order to be mentally and physically ready to complete their shift. 38 AFFA MOU 2024 – 2027 Article XX. WELLNESS PROGRAM During the term of this Agreement, tThe City agrees to implement a Wellness Program that includes a comprehensive fitness evaluation and lecture series provided by Santa Ana College Fire Technology Department at a cost not to exceed $14.20 per employee/year. Article XXI. EMPLOYEE GRIEVANCES Section A. DEFINITIONS 1.“Grievance.” A grievance is an allegation by an employee(s) of a misinterpretation or misapplication of any express provision of the applicable Memorandum of Understanding or Personnel Rules and Regulations where there is no other specific method of review provided by City law. 2. “Grievant.” An employee or group of employees in the classified service adversely affected by an act or omission by the City allegedly in violation of an express provision of the Memorandum of Understanding or Personnel Rules and Regulations. 3. “Department Administrator.” The Department Head Director or designee. 4. “Work Day.” A work day is any day the City offices are regularly open for business. Section B. EXCLUSIONS FROM THE GRIEVANCE PROCEDURE The procedure is not to be used for the purpose of changing wages, hours and working conditions. The procedure is not intended to be used to challenge the content of employee evaluations or performance reviews. The procedure is not intended to be used to challenge a reclassification, layoff, transfer, denial of reinstatement, or denial of a step or merit increase. The procedure is not intended to be used in cases of oral or written reprimand, demotion, suspension or removal. The procedure is not to be used to challenge violation of law or past practice unless the rules or MOU expressly refer to same. 39 AFFA MOU 2024 – 2027 The procedure is not to be used to challenge examinations or appointment to positions. Section C. TIMELINESS The grievance must be filed by the employee within the timelines set forth herein. Failure of the employee to file the initial grievance or process the grievance from one level to another in a timely manner is a forfeiture of the grievance and the grievance will not be processed further. If the City fails to respond in a timely manner, the employee may proceed to the next level. Section D. EMPLOYEE REPRESENTATION The employee may be represented by a person of his/her choice to prepare and present the grievance. The employee may use a reasonable amount of released time to process the grievance. The release time must be approved by the Department HeadDirector. Section E. 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/her immediate supervisor. Section F. FORMAL GRIEVANCE PROCEDURE 1.First Level of Review: Next-Level Supervisor. If the employee is not able to resolve the grievance after discussion with his/her immediate supervisor, within 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. 40 AFFA MOU 2024 – 2027 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 Director 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 HeadDirector. The Department Head Director may require the employee and the immediate supervisor to attend a grievance meeting. The Department Head Director 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 AdministratorDirector. If the employee is not in agreement with the decision reached by the Department HeadDirector, within 10 working days after receiving the Department Head’s decision or 20 days from the date the Department Administrator Director received the grievance but failed to issue a decision, the employee shall present the grievance in writing to the Human Resources Administrator Director on the official City grievance form. The Human Resources Administrator Director may require the employee and the immediate supervisor to attend a grievance meeting. The Human Resources Administrator Director 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 Director or if the Human Resources Administrator Director 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 Director’s decision or 20 days from the date the Human Resources Administrator Director received the grievance but failed to issue a decision. 41 AFFA MOU 2024 – 2027 Section G. 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 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. 42 AFFA MOU 2024 – 2027 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. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses but hearings shall be conducted in a manner most conducive to determination of the truth. Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence that shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. Irrelevant and unduly repetitious evidence may be excluded. The Human Resources Commission shall determine relevancy, weight and credibility of testimony and evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. During examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party. 43 AFFA MOU 2024 – 2027 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: The Human Resources Chair (“Chair”) shall announce the issues after a review of the statement of issues presented by each party. The grievant (employee) shall be permitted to make an opening statement. The respondent (City) shall be permitted to make an opening statement, or reserve an opening statement until presentation of its case. The grievant shall produce his/her evidence. The respondent may then offer its evidence. The grievant followed by the respondent may offer rebutting evidence. Closing arguments shall be permitted at the discretion of the Human Resources Commission. The party with the burden of proof, shall have the right to go first and to close the hearing by making the last argument. The Commission may place a time limit on closing arguments. The Commission or the parties may request the submission of written briefs. After the request for submittal of written briefs, the Commission will 44 AFFA MOU 2024 – 2027 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 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 Director within 10 days of receipt of the Commission’s recommended decision. 45 AFFA MOU 2024 – 2027 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 HeadDirector. 46 AFFA MOU 2024 – 2027 ARTICLE XXII. FULL UNDERSTANDING Section A. This Memorandum of Understanding contains all the covenants, stipulations and provisions agreed upon by the parties and any other prior existing understanding or Agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. It is the intent of the parties that this Agreement be administered in its entirety in good faith during its full term. The Association recognizes that during such term it may be necessary for Management to make changes in rules or procedures affecting the employees in the unit, and the City, upon request, agrees to meet and confer with the Association over matters within the scope of representation. For the life of this Agreement it is agreed and understood that the Association hereto voluntarily agrees that the City shall not be required to meet and confer with respect to any subject or matter whether referred to or covered in this agreement or not during the term of this Agreement. The parties agree and understand that any Section of this MOU may be reopened by mutual consent. Section B. The parties have caused this Memorandum of Understanding to be executed this 17th day of September 2024 ARCADIA FIRE FIGHTERS’ ASSOCIATION ________________________________ Brian UrsettieJonathan Ansell President CITY OF ARCADIA ___________________________________ Dominic Lazzaretto City Manager 47 AFFA MOU 2024 – 2027 20241 -– 20274 NEGOTIATION TEAMS AFFA NEGOTIATING TEAM CITY REPRESENTATIVES Jeff Bird, Firefighter/Paramedic Richard Olivarez, Fire Captain Drew PryorJacob Sutton, Fire Captain John Britton ColeJonathan Hernandez, Fire CaptainFire Engineer Brandon Moerke, Firefighter/Paramedic Dave Brock, Advanced Corporations Jason Kruckeberg, Assistant City Manager/ Development Services Director Henry ChenHue Quach, Interim Administrative Services Director Shama CurianAnely Williams, Interim Human Resources AdministratorDirector Cecilia Todd,Justine Bruno Sr. Human Resources AnalystDeputy City Manager Sairy Stepanian, Senior Human Resources Analyst 1 RESOLUTION NO. 7595 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE FISCAL YEAR 2024-25 GENERAL FUND OPERATING BUDGET AUTHORIZING A BUDGET APPROPRIATION IN THE AMOUNT OF $1,715,800 FOR COSTS ASSOCIATED WITH ADOPTION OF THE ARCADIA CITY EMPLOYEES’ ASSOCIATION AND THE ARCADIA FIRE FIGHTERS’ ASSOCIATION MEMORANDUMS OF UNDERSTANDING WHEREAS, representatives of the City and representatives of the Arcadia City Employees’ Association (“ACEA”) and the Arcadia Fire Fighters’ Association (“AFFA”) have met, conferred, and negotiated in good faith regarding wages, hours and working conditions. As a result of such good faith negotiations, the City and each of the two Associations have come to an agreement; and WHEREAS, an appropriation is needed to fund the City’s agreements with the ACEA and AFFA for the wages, hours, and working conditions as listed in the July 1, 2024, through June 30, 2027, portions of the Memorandums of Understanding (“MOU”) between the City and the respective groups; and WHEREAS, the Administrative Services Director has projected that there will be surplus revenue in the currently adopted General Fund Operating Budget to fund the additional appropriation needed for purposes of the agreement with the ACEA and AFFA. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The sum of $1,715,800 is hereby appropriated to the specified funds noted in the table below for the purposes of funding the agreement with the ACEA and AFFA. Attachment No. 3