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]
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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)
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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
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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
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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
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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.
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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
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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
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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.
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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.
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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.
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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
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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:
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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.
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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.
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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.
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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
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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.
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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.
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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
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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:
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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;
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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.
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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.
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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
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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
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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.
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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
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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.
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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,
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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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
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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:
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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)
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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:
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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:
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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:
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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.
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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
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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
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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.
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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
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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
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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
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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.
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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.
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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.
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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)
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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
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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
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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*
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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.
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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
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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.
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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
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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.
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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
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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
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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.
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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
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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)
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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
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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.
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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
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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,
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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.
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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
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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.
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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
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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.
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A copy of the grievance shall be provided to the Human Resources
Division of the Administrative Services Department concurrently with
presentation to the immediate supervisor.
The next level supervisor shall render a decision in writing, on the
grievance form, within 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.
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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.
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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
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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
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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.
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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
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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.
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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
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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
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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