HomeMy WebLinkAboutOpen Session Item a - Memorandums of Understanding with ACEA and AFFA
DATE: September 24, 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 24, 2024
Page 2 of 7
SUMMARY
This item was considered at the last City Council Meeting. A member of the majority for
the vote has asked the City Council to reconsider this action. This agenda item allows for
that.
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
At the September 17, 2024, Meeting, the respective MOUs for the ACEA and the AFFA
were considered by the City Council. The City Council voted 3-2 to deny both MOUs and
the corresponding Supplemental Appropriation. Following the September 17 Meeting,
Council Member Wang, a member of the majority vote, indicated to the City Manager that
she would like to request reconsideration of this item. As a result, a Special Meeting for
the reconsideration of Resolutions Nos. 7594, 7597, and 7595 was scheduled for
September 24, 2024.
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
Memorandums of Understanding with ACEA and AFFA
September 24, 2024
Page 3 of 7
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
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%
Memorandums of Understanding with ACEA and AFFA
September 24, 2024
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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.
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
Memorandums of Understanding with ACEA and AFFA
September 24, 2024
Page 5 of 7
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.
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.
Memorandums of Understanding with ACEA and AFFA
September 24, 2024
Page 6 of 7
Only a portion of the associated costs for the successor Memorandums were projected
into the Fiscal Year 2024-25 Budget during its adoption, since the actual costs were not
known at the time. With these agreements and the additional budget appropriation of
$1,715,800, the adopted Fiscal Year 2024-25 General Fund Operating Budget is now
projected to end the year with a deficit of $1,131,000 if all other factors remain unchanged.
YEAR 1 ORIGINAL ADDITIONAL TOTAL PACKAGE
COSTS BUDGET APPROPRIATIONS COSTS
APOA 1,593,600$ 537,200$ 1,056,400$ 7,214,200$
AFFA 1,450,600 298,100 1,152,500 6,800,500
ACEA 729,600 166,300 563,300 3,660,800
APWEA 494,200 118,100 376,100 2,337,000
APCEA 190,600 48,100 142,500 1,044,100
Total 4,458,600$ 1,167,800$ 3,290,800$ 21,056,600$
City staff will bring an item to the City Council along with the Mid-Year Budget review to
ascertain specifically how the City Council wishes to address this expected deficit. The
City is in a position to handle some or all of the projected deficit through standard prudent
budget practices. For instance, since the Budget was adopted, some savings have been
realized from unfilled positions from the New Programs included in the Budget, resulting
in a savings of at least $185,400. On the revenue side, property tax growth has been
larger than expected, which will result in approximately $190,000 of additional revenues
and investment income rates are now projected to be about $340,000 higher than
anticipated when the Budget was prepared. These factors alone will reduce the expected
deficit by $715,400. There are also several discretionary operational budget outlays that
can be modified or postponed if unexpected events occur to balance the Budget over the
remaining Fiscal Year. In addition, the General Fund currently has $27.5 million of
unallocated Fund Balance Reserves that could enable the City to endure budgetary
difficulties, notwithstanding the $13.7 million in the Other Post Employment Benefits
(OPEB) Trust Fund, and the $2.3 million in the Pension Stabilization Trust Fund that can
also be utilized, if necessary.
FUND BALANCE
RESERVES
GENERAL FUND OPERATING 27,525,000$
EMERGENCY RESERVE 14,450,000
CAPITAL IMPROVEMENT 5,570,000
EQUIPMENT REPLACEMENT 17,820,000
SELF INSURANCE 5,460,000
TOTAL 70,825,000$
Memorandums of Understanding with ACEA and AFFA
September 24, 2024
Page 7 of 7
The costs for FY 2025-26 and 2026-27 will be incorporated into subsequent budgets and
adjustments will be made to ensure that a balanced budget is proposed in each of those
years. That being said, another option available to the City Council is to set up a specific
sinking fund to prefund the additional costs of these agreements and/or to utilize the City’s
Pension Reserve and OPEB Reserve Funds if necessary.
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
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 24th 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
Section D. DEFERRED COMPENSATION (457 PLAN) ......................................................13
ARTICLE VII HOURS ..............................................................................................................13
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ACEA MOU 2024 – 2027
Section A. OVERTIME ........................................................................................................13
Section B. REST PERIODS ................................................................................................14
Section C. WORK SCHEDULES .........................................................................................14
ARTICLE VIII LONGEVITY PAY ..............................................................................................15
Section A. LONGEVITY PAY ..............................................................................................15
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 24, 2024 ......................................................................................17
Section B. CONTRIBUTION FOR EMPLOYEES HIRED ON OR AFTER
SEPTEMBER 24, 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 ..........................................................................................22
Section A. RETIREE HEALTH INSURANCE FOR EMPLOYEES HIRED BEFORE
JULY 1, 2011 .....................................................................................................22
Section B. RETIREE HEALTH INSURANCE FOR EMPLOYEES HIRED ON OR AFTER
JULY 1, 2011 .....................................................................................................24
ARTICLE XIII DISABILITY INCOME INSURANCE ..................................................................24
ARTICLE XIV MEDICAL EXAMINATIONS ...............................................................................25
Section A. …………………………………………………………………………………………...25
Section B. …………………………………………………………………………………………...25
ARTICLE XV UNIFORMS ........................................................................................................25
Section A. …………………………………………………………………………………………...25
Section B. …………………………………………………………………………………………...25
Section C. …………………………………………………………………………………………...25
ARTICLE XVI LEAVES OF ABSENCE ....................................................................................26
Section A. NON-MEDICAL LEAVES WITHOUT PAY..........................................................26
Section B. FAMILY CARE AND MEDICAL LEAVES ...........................................................27
Section C. TEMPORARY MILITARY LEAVE (Paid and Unpaid) .........................................27
Section D. VACATION LEAVE ............................................................................................27
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ACEA MOU 2024 – 2027
Section E. SICK LEAVE ......................................................................................................29
Section F. BEREAVEMENT LEAVE ...................................................................................31
Section G. HOLIDAYS.........................................................................................................32
Section H. JURY LEAVE .....................................................................................................34
Section I. COURT WITNESS LEAVE ................................................................................34
Section J. INDUSTRIAL ACCIDENT LEAVE ......................................................................34
ARTICLE XVII PROBATIONARY PERIOD ...........................................................................35
Section A. …………………………………………………………………………………………...35
Section B. …………………………………………………………………………………………...35
Section C. …………………………………………………………………………………………...35
Section D. …………………………………………………………………………………………...36
Section E. …………………………………………………………………………………………...36
ARTICLE XVIII SPECIAL PAY ..............................................................................................36
Section A. ACTING PAY .....................................................................................................36
Section B. CALL-BACK PAY ...............................................................................................36
Section C. BILINGUAL PAY ................................................................................................36
ARTICLE XIX LAYOFFS .....................................................................................................37
Section A. LAYOFF PROCEDURE .....................................................................................37
Section B. RE-EMPLOYMENT LIST ...................................................................................38
Section C. DEFINITIONS ....................................................................................................38
ARTICLE XX PERSONNEL FILES .....................................................................................39
Section A. …………………………………………………………………………………………...39
Section B. …………………………………………………………………………………………...39
Section C. …………………………………………………………………………………………...39
ARTICLE XXI EMPLOYEE GRIEVANCES ..........................................................................39
Section A. DEFINITIONS ....................................................................................................39
Section B. TIMELINESS .....................................................................................................40
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
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ACEA MOU 2024 – 2027
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 employee s 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:
• 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.
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 implem enting 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.
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ACEA MOU 2024 – 2027
ARTICLE VIII LONGEVITY PAY
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
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ACEA MOU 2024 – 2027
$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 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 24,
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 24, 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
24, 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 24, 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.
c. Dependent enrollment will require proof of eligibility for
dependent status including social security number, marriage,
birth, and adoption certificates.
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ACEA MOU 2024 – 2027
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
based on their elected reduced amount, and will forfeit
their previous cash-in-lieu limit.
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ACEA MOU 2024 – 2027
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:
Employee Only: $536/month
Employee +1 Eligible Dependent: $700/month
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ACEA MOU 2024 – 2027
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.
a. Those employees hired before July 1, 2021, who receive cash as
taxable income will have the amount capped to the amount they
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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.
ARTICLE XII RETIREE MEDICAL
Section A. RETIREE HEALTH INSURANCE FOR EMPLOYEES HIRED BEFORE
JULY 1, 2011
1. Program Description
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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.
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:
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ACEA MOU 2024 – 2027
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
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.
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ACEA MOU 2024 – 2027
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
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
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ACEA MOU 2024 – 2027
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.
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.
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ACEA MOU 2024 – 2027
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
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
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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:
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
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ACEA MOU 2024 – 2027
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;
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),
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ACEA MOU 2024 – 2027
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.
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
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ACEA MOU 2024 – 2027
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.
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
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ACEA MOU 2024 – 2027
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
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
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ACEA MOU 2024 – 2027
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
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
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ACEA MOU 2024 – 2027
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.
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
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ACEA MOU 2024 – 2027
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
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.
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ACEA MOU 2024 – 2027
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.
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.
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ACEA MOU 2024 – 2027
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,
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.
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ACEA MOU 2024 – 2027
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.
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.
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ACEA MOU 2024 – 2027
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.
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
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ACEA MOU 2024 – 2027
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
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.
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ACEA MOU 2024 – 2027
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.
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.
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ACEA MOU 2024 – 2027
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
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
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ACEA MOU 2024 – 2027
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.
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
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ACEA MOU 2024 – 2027
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.
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
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ACEA MOU 2024 – 2027
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.
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
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ACEA MOU 2024 – 2027
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
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.
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ACEA MOU 2024 – 2027
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
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
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ACEA MOU 2024 – 2027
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 Agreemen t 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 24th 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
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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.
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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 24,
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 24, 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
24, 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 24, 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.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 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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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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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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ACEA MOU 20241 – 20274
City for 12 consecutive monthssuccessfully completed the applicable
probationary period.
2. Layoff – Permanent separation from employment with the City as a
result of a work reduction.
3. Performance – The rating received by the employee from the City of
Arcadia's evaluation process. For the purposes of layoffs, seniority will
only be disregarded if an employee’s overall performance evaluation
rating in any one of the last 3 years is below proficient. In such case, the
layoff shall be based upon performance.
4. Work Reduction – A decrease in the level of service or amount of
product output by the City.
ARTICLE XX PERSONNEL FILES
Section A. The City shall maintain a central personnel file for each employee in the
Human Resources OfficeDepartment. Supervisors may maintain working
personnel files.
If a supervisor maintains a working personnel file, copies of written material
which is to be used as a basis for employee discipline shall be sent to the
central personnel file and given to the employee.
Copies of performance evaluations and/or disciplinary actions shall not be
entered in the file, until the employee is given a copy and an opportunity to
review and comment thereon. The employee shall be given an opportunity
during working hours to initial, date, and file a written response to the
material. The written response shall be attached to the material.
Copies of letters of commendation and/or certificate of commendation from
the City Council or City Manager shall be placed in the employee's
personnel file.
An employee or their designated representative shall request in writing their
right to examine and/or obtain copies at the employee's expense, of any
material from the employee's personnel file with the exception of material
that includes ratings, reports and records which were obtained prior to the
employment of the involved employee.
Section B. Discipline older than 3 years will not be considered in promotional
recruitments.
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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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ACEA MOU 20241 – 20274
A copy of the grievance shall be provided to the Human Resources
Division of the Administrative Services Department concurrently with
presentation to the immediate supervisor.
The next level supervisor shall render a decision in writing, on the
grievance form, within 10 working days after receiving the grievance.
2. Department Head Director Review
If the employee does not agree with the decision of the next level
supervisor, within 10 working days after receiving the next level
supervisor’s decision or 20 days from the date the next level supervisor
received the grievance but failed to issue a decision, the employee shall
present the grievance in writing, on the grievance form, to the
Department HeadDirector.
The Department Head Director may require the employee and the
immediate supervisor to attend a grievance meeting. The Department
Head Director shall communicate a decision in writing within 10 working
days of receiving the grievance or within 10 working days of holding a
grievance meeting whichever is longer.
3. Human Resources Administrator Director
If the employee is not in agreement with the decision reached by the
Department HeadDirector, within 10 working days after receiving the
Department HeadDirector’s decision or 20 days from the date the
department administrator received the grievance but failed to issue a
decision, the employee shall present the grievance in writing to the
Human Resources Administrator Director on the official City grievance
form.
The Human Resources Administrator Director may require the
employee and the immediate supervisor to attend a grievance meeting.
The Human Resources Administrator Director shall communicate a
decision in writing within 10 working days of receiving the grievance or
the holding of a grievance meeting whichever is longer.
4. Human Resources Commission
If the employee is not in agreement with the decision of the Human
Resources Administrator Director or if the Human Resources
Administrator Director has failed to respond, the employee shall present
the grievance to the Human Resources Commission within 10 working
days from the date of receipt of the Human Resources Administrator’s
Director’s decision or 20 days from the date the Human Resources
Administrator Director received the grievance but failed to issue a
decision.
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ACEA MOU 20241 – 20274
Section F. APPEAL TO HUMAN RESOURCES COMMISSION
1. Scheduling of Hearing
Upon receipt of the request for an appeal, the City shall, within 30 days,
transmit the appeal to the Human Resources Commission. The
Commission shall schedule a hearing. The appeal hearing shall be set
not less than 20 working days nor more than 60 working days from the
date of the filing of the appeal. All interested parties shall be notified in
writing of the date, time, and place of the hearing at least 10 working
days prior to the hearing.
2. Public Hearings
All hearings shall be open to the public.
3. Pre-Hearing Procedure
a. Subpoenas
The Human Resources Commission is authorized to issue
subpoenas at the request of either party prior to the commencement
of the hearing. After the commencement of the hearing, subpoenas
shall be issued by the Commission only for good cause. Each party
will prepare their own subpoenas and present them to the Human
Resources Division of the Administrative Services Department and
the other party. The Human Resources Division of the Administrative
Services Department will issue the subpoenas. The Human
Resources Division of the Administrative Services Department will
serve subpoenas for current City employees. It will be the
responsibility of the employee or the City to serve subpoenas on
individuals who are not currently employed by the City. It will be the
responsibility of the employee and the City to submit the written
request for subpoenas at least 10 working days before the date of
the hearing.
b. Exhibits and Witness Lists
5 working days prior to the date set for the hearing, each party shall
serve upon the other party and submit to the Human Resources
Division of the Administrative Services Department a list of all
witnesses and a list and copy of all exhibits. An original and 9 copies
of the exhibits shall be presented to the Human Resources Division
of the Administrative Services Department in 3-hole notebooks which
are tabbed down the side with the exhibit numbers. The employer’s
exhibits shall be designated by number.
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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 24th 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
Passed, approved, and adopted this 24th day of September, 2024.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Michael J. Maurer
City Attorney
Mayor of the City of Arcadia
2
CITY OF ARCADIA
AND
ARCADIA 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.