HomeMy WebLinkAbout6743RESOLUTION NO. 6743
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,
2010 THROUGH JUNE 30, 2011
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES
HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves that certain Memorandum
of Understanding ( "MOU ") by and between the City of Arcadia and the Arcadia City
Employees Association ( "ACEA ") dated effective as of July 1, 2010, a copy of which is
attached hereto. The City Manager is hereby authorized and directed to execute this
Memorandum of Understanding on behalf of the City. The salary and benefits for
employees represented by ACEA shall be those set forth in the Memorandum of
Understanding.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this 21st day of September , 2010.
ATTEST:
,
ity Clerk l �
APPROVED AS TO FORM:
g lO� '
ayor of the City of Arcadia
&Na4"4 P, kl"-
Stephen P. Deitsch
City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Resolution No. 6743 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 21st day of September, 2010 and that said Resolution was adopted by
the following vote, to wit:
AYES: Council Members Chandler, Harbicht, Kovacic, Segal and Amundson
NOES: None
ABSENT: None
ity Clerk 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)
CITY OF
MEMORANDUM OF UNDERSTANDING
JULY 1, 2010 THROUGH JUNE 30, 2011
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 and
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.
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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 Sections 3500 et.seg.).
Section B. APPROPRIATE UNIT
The classifications covered by this agreement are:
Confidential /Supervisory /Professional Unit
Accounting Specialist Librarian
Assistant Engineer Principal Librarian
Assistant Planner Revenue Collection Specialist
Associate Civil Engineer Senior Combination Building Inspector
Associate Planner Senior Library Technician
Deputy City Clerk Senior Planner
Legal Assistant Video Technician /Office Assistant
General Employee Unit
Accounting Technician I & II
Administrative Assistant
Building Technician I & II
Business License Officer
Circulation Services Supervisor
Code Services Officer
Combination Inspector
Communications & Marketing Specialist I & II
Computer Support Specialist
Engineering Assistant
Fire Inspector
Fire Administrative Specialist
Historical Museum Education Coordinator
Historical Museum Curator
Info and Referral Coordinator
Information Systems Specialist
Library Technician I & II
Office Assistant
Public Works Inspector
Public Works Office Coordinator
Recreation Coordinator
Senior Engineering Assistant
Senior Accounting Technician
Senior Administrative Assistant
Senior Citizens Program Specialist
Senior Citizens Project Specialist
Section C. MUTUAL RECOMMENDATION AND IMPLEMENTATION
This Memorandum of Understanding constitutes a mutual recommendation to be presented to the City
Council, subsequent to the ratification meeting by the membership of the
Confidential /Supervisory/Professional Unit and the General Employees Unit. It is agreed that this
memorandum shall not be binding upon the parties either in whole or in part unless and until the City
Council formally acts, by majority vote, to approve and adopt said Memorandum.
Section D. AUTHORIZED AGENTS
The City's principal authorized agent shall be the City Manager, 240 W. Huntington Drive, Arcadia,
California, 91007, except where a particular City representative is specifically designated in connection
with the performance of a specific function or obligation set forth herein.
The Confidential /Supervisory/Professional and General Employee's authorized representative is Shelly
Polifka, President of the Arcadia City Employees Association, 240 W. Huntington Drive, Arcadia,
California, 91007. The duly authorized staff representative is Robin Nahin, Executive Director of City
Employees Associates, 254 B Lindero Avenue, Long Beach, California, 90803.
Section E. 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, 2010 and ending June 30, 2011.
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.
!�
It is agreed and understood that any employee concertedly violating this article may be subject
to disciplinary action up to and including discharge, and /or, may be considered to have
automatically resigned from the City service. For purposes of this article, any employee deemed
to have automatically resigned shall be eligible to utilize the Grievance Procedure as provided in
this Agreement.
3. It is understood that in the event this article is violated, the City shall be entitled to withdraw any
rights, privileges, or services provided for in this Agreement or in any other City rules,
regulations, resolutions and /or ordinances, from any employee and /or the Association. No such
actions shall be taken by the City in the event that the Association acts in good faith in
accordance with paragraph 2 above.
4. The expiration or violation of this Agreement shall not prejudice the City's right to assert to the
illegality of any such activities mentioned above if engaged in by the Association or employees.
Upon the expiration of this Agreement, this language shall not prevent the Association from
engaging in such activities mentioned above, to the extent such activity is otherwise legal for
public employees to participate in.
ARTICLE III ASSOCIATION RIGHTS
Section A. AGENCY SHOP AGREEMENT
Legislative Authority
The City of Arcadia (City) and the Arcadia City Employees Association, Confidential, Supervisory,
Professional, and General Employee Bargaining Unit (Association) mutually understand and agree
that in accordance with State of California law, per adoption of SB 739, and the Agency Shop
election held on September 15, 2005, a simple majority of ballots cast by regular employees in
classifications represented by the Association voted to be covered by an Agency Shop agreement.
As a result of the Agency Shop election, as a condition of continued employment, this Agency Shop
agreement hereby requires that all bargaining unit employees:
1. Elect to join the Association and pay Association dues;
2. Pay an agency fee for representation; or
3. With a religious exemption, pay a fee equal to the agency fee to be donated to selected
charities.
The following agency shop provision will be implemented, in conformity with California Government
Code Section 3502.5 and applicable law.
Association Dues /Agency Fee Collection
Effective with the pay period beginning September 4, 2005, the Administrative Services Department
shall deduct Association dues, agency fee and religious exemption fees from all employees who
have signed a written authorization and a copy of that authorization has been provided to the
Administrative Services Department. Employees on leave without pay or employees who earn a
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salary less than the Association deduction shall not have an Association dues or agency fee
deduction for that pay period.
The Association shall notify the City of any agency fee payer who elects to only pay fair share fees,
the fee equal to direct representation costs as determined by the Association's certified financial
report. The Association shall notify the City of the amount of the fair share fee to be deducted from
the fair share fee payer's paycheck.
New Hire Notification
Effective September 15, 2005, all new hires in the Confidential, Supervisory, Professional and
General Employee Bargaining Unit shall be informed by the Human Resources Division of the
Administrative Services Department, at the time of hire, that an Agency Shop agreement is in effect
for their classification. The employee shall be provided a copy of this agreement, the Memorandum
of Understanding and a form, mutually developed between the City and the Association that outlines
the employee's choices under the Agency Shop agreement.
The employee shall be provided thirty (30) calendar days from the date of hire to elect their choice
and provide a signed copy of that choice to the Administrative Services Department. The Association
may request to meet with new hires at a time and place mutually agreed upon between the
Department Head and the Association.
Failure to Pay Dues /Fees
All unit employees who choose not to become members of the Arcadia City Employees Association
shall be required to pay to Arcadia City Employees Association a representation service fee that
represents such employee's proportionate share of Arcadia City Employees Association cost of legally
authorized representation services on behalf of unit employees in their relations with the City of
Arcadia. Such representation service fee shall in no event exceed the regular, periodic membership
dues paid by unit employees who are members of Arcadia City Employees Association. Unit employees
who attain such status after the effective date of this Agreement shall be subject to its terms thirty (30)
days after attaining unit status.
Leave Without Pay/Temporary Assignment Out of Unit
Employees on an unpaid leave of absence or temporarily assigned out of the unit as a Supervisor
shall be excused from paying dues, agency shop fees, or charitable contributions.
Religious Exemption
Any employee who is a member of a religious body whose traditional tenets or teachings include
objections to joining or financially supporting employee organizations shall not be required to pay an
agency fee, but shall pay by means of mandatory payroll deduction an amount equal to the agency
fee to a non - religious, non -labor charitable organization exempt from taxation under Section
501(c)(3) of the Internal Revenue Code. Those fees shall be remitted by the City, at the choice of the
employee, to one of the following non - labor, non - religious charitable organizations: United Way or
American Red Cross.
C.1
To qualify for the religious exemption the employee must provide to Arcadia City Employees
Association, with a copy to the City, a written statement of objection, along with verifiable evidence of
membership in a religious body as described above. The City will implement the change in status
within thirty (30) days unless notified by Arcadia City Employees Association that the requested
exemption is not valid. The City shall not be made a party to any dispute arising relative to the
determination of religious exemptions.
Any of the above - described payment obligations shall be processed by the City in the usual and
customary manner and time frames.
Records
The Association shall keep an adequate itemized record of its financial transactions and shall make
available annually, to the City and to Agency Fee payers, within sixty (60) days after the end of its fiscal
year, a written financial report thereof in the form of a balance sheet certified as to accuracy by its
president and treasurer or corresponding principal officer, or by a certified public accountant.
The City shall provide the Association a list of all unit members and dues paying status with each
Association dues check remitted to the Association.
Rescission of Agreement
The Agency Shop agreement may be rescinded at any time during the term of the Memorandum of
Understanding by a majority vote of all the employees in the bargaining unit. A request for such vote
must be supported by a petition containing the signatures of at least thirty (30 %) of the employees in
the unit. The election shall be by secret ballot and conducted by California State Mediation and
Conciliation and in accordance with state law.
Indemnification
The Association shall indemnify, defend and hold the City harmless from and against all claims and
liabilities as a result of implementing and maintaining this agreement.
Section B. RIGHT TO JOIN
The City and the Association recognize the right of the employees to form, join and participate in lawful
activities of employee organizations and the equal alternative right of employees to refuse to join or
participate in employee organization activities.
During the life of this contract all unit members who choose to become members of the Association
shall be required to maintain their membership in the Association in good standing, subject however, to
the right to resign from membership no sooner than April 15, or later than May 15, of the year this MOU
expires. Any unit member may exercise the right to resign by submitting a written notice to the
Association and to the City during the resignation period.
The City and the Association agree that neither shall discriminate or retaliate against any employee for
the employee's participation or non - participation in any Association activity.
Section C. USE OF BULLETIN BOARDS
The City shall provide for the Association's use, designated bulletin boards where employees in the
bargaining unit have access during regular business hours subject to the following conditions:
1. All postings for bulletin boards must contain the date of posting and the identification of the
organization; and
2. The Association will not post information which is defamatory, derogatory or obscene, subject to
the immediate removal of the right to post for a period not to exceed 90 days.
Locking bulletin boards will be made available in the Library, City Hall, Fire Station #1, Police
Department and Recreation Center, and regular bulletin boards will be made available in Fire Station
#2, and the City Service Center at a location approved by the Department Administrator, or City
Manager.
Section D. PAYROLL DEDUCTION
The City will deduct from the second paycheck of each month and remit to the Association, pay of
Association members the normal and regular monthly Association membership dues as voluntarily
authorized in writing by the employee subject to the following conditions:
1. Such deduction shall be made only upon submission of deduction form to the designated City
representative. Said form shall be duly completed and signed by the employee.
2. The City shall not be obligated to put into effect any new, changed or discontinued deduction
until the pay period commencing fifteen days or longer after such submission.
Every effort will be made to remit dues to the Association within two weeks of receipt. The Association
agrees to indemnify and hold the City harmless against any and all suits, claims, demands and liabilities
that may arise out of, or by reason of, any action that shall be taken by the City for the purpose of
complying with this Section.
Section E. ACCESS TO FACILITIES
All Association business will be conducted by employees and Association representatives outside of
established work hours.
Nothing herein shall be construed to prevent an
contacting the Human Resources Administrator
personnel related matters during work hours.
Association representative or an employee from
)r other management representatives regarding
The authorized Association Business Agent shall be given access to work locations during working
hours provided that prior to visiting any work location the Association representative shall:
1. Contact the Human Resources Administrator or his designee, to state the purpose of his /her visit
and which location he /she will be visiting; and
n.
2. The Human Resources Administrator or designee determines that such visit shall not interfere
with the operations of the department.
In the event the requested time and /or location of such visit by the Association Business Agent is
denied because it would interfere with the operations of the department, the Human Resources
Administrator or his designee shall set an alternative time and /or location for such visit within 72 hours.
The Association may schedule after work hours meetings in the City Conference rooms or the City
Council Chambers at such times these facilities are not in use by submitting a written request to the
appropriate City administrator which shall include the date, time, number of people expected, general
reason for the meeting, and an acknowledgment that no food or beverages will be consumed in City
facilities. Approval will be granted in the same manner as it is granted to other organizations.
Section F. ASSOCIATION STEWARDS
1. Three (3) Stewards who are authorized to represent the Confidential /Supervisory/ Professional
employees and the four (4) Stewards who are authorized to represent the General employee
bargaining unit shall be selected in such manner as the Association may determine.
The Association shall notify the employer in writing of the names of the seven (7) Stewards.
2. The three (3) Stewards who are authorized to represent the Confidential /Supervisory/
Professional employees and the four (4) Stewards who are authorized to represent the General
employee bargaining unit shall be permitted one day off without pay each calendar year to
attend a training session. Advance written notice of no less than fourteen (14) calendar days
shall be given to each Steward's supervisor.
3. Association Stewards are allowed reasonable release time to participate in meetings related to
negotiations. In addition, a Steward shall be provided release time during his /her regular work
hours for the purposes of:
• Representation at a meeting that is reasonably expected to result in discipline when the
Association Business Agent is not available to be present.
• Representation at a grievance hearing.
• Special meeting with Human Resources Administrator, or designee, and Association
Business Agent to resolve problems within the scope of bargaining.
• A fifteen (15) minute orientation period with new hires at the beginning of a new employee
orientation conducted by the Human Resources Division.
No release time is provided for the preparation, investigation, or processing of disciplinary
issues, grievances, or other Association business.
To facilitate the process, the Steward shall contact the Human Resources Administrator or
designee to arrange the time to conduct Association business as described above. Not more
than one (1) of the designated steward representatives may participate in any special meeting to
resolve a problem within the scope of bargaining or grievance hearing at one time unless agreed
to by the Human Resources Administrator.
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Time spent on steward activities outside of normal working hours is not compensable
Section G. REASONABLE NOTICE
The City will provide fifteen (15) business days notice prior to final implementation of changes to wages,
hours of work, or other terms and conditions of employment within the scope of negotiations. Upon
written notice from the Association outlining the area(s) of concern, together with the Association's
proposal, the City will meet and confer on those matters that are within the scope of negotiations.
In addition, the City shall mail to the Association and the chief shop steward a copy of the agendas for
each City Council and /or Human Resources Commission meeting.
Section H. LIST OF NAMES
The Association shall provide and maintain, with the City, a current list of the names of all authorized
representatives of the Confidential /Supervisory/Professional Unit and the General Employee Unit.
ARTICLE IV MANAGEMENT RIGHTS
Section A. 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. The salary schedules for classifications covered by this MOU are set forth on Exhibit "A"
and incorporated herein.
The City's contract with the Public Employee's Retirement System provides for the 2.5% @ 55
retirement formula. The City shall pay 7% of the employee's contribution with the employees
contributing 1 % on a pre -tax basis.
The City shall pay seven percent (7 %) of the employees' compensation earnable as Employer Paid
Member Contributions and report the same percent of compensation earnable as special
compensation.
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The City agrees to contract with PERS to provide Association with a Military Service Credit option. It is
agreed and understood that the employee is responsible for paying for this benefit.
Within 30 days of the adoption of the 2010 -2011 MOU, the City will return the funds contributed by
members of the ACEA that were used to assist the City with the balancing of the 2009 -2010 City
Budget. A signed copy by both the ACEA and the City, listing the amount to be returned to each
ACEA member, will be maintained in the Human Resources Division throughout the term of this
contract.
In the event that another recognized employee organization in the City enters into a new MOU with
the City for the 2010 -2011 fiscal year, and said MOU provides for an increase in compensation over
that provided for the previous MOU applicable to said employee organization, Association unit
members shall receive the same percentage increase, to be allocated by mutual agreement of the
parties. For example, if another recognized employee organization receives an increase in
compensation equivalent to a quarter of one percent (0.25 %), the same percentage increase would
be available to the ACEA unit and allocated as agreed to by the parties. This provision shall not apply
to increases received by the Arcadia Police Officers Association pursuant to its 2007 -2011 MOU with
the City, nor shall it apply to amounts paid to various bargaining units as reimbursement of
concessions made by the various employee organizations in the 2009 -2010 fiscal year.
Section B. PROMOTION OR ADVANCEMENT IN RATE OF COMPENSATION
When an employee is promoted, the pay shall advance to the lowest step in such higher range
that will provide not less than an approximate 5% increase in compensation unless the top step
in such range provides less than that amount. Such one step of approximately 5 %, shall be
measured by the range from which the employee is promoted.
2. When an employee is promoted to a higher classification, the date of promotion shall be used in
determining the date of future step increases.
Section C. The parties acknowledge that the percentages between steps within a range are
approximately 2.5 %.
Section D. The advancement through the salary steps is discretionary based upon satisfactory
performance and continuous service in the same classification. The following schedule is the
continuous service time required for a qualified employee to receive each step increase:
A Step to C Step: 6 months
All other Steps: 12 months
Salary step advancements may be withheld or delayed by the appointing authority if an employee's
performance does not merit such an advancement.
During the term of this Agreement individuals will advance in their rates of compensation two steps
(approximately 5 %) on their anniversary date upon receiving a satisfactory performance evaluation.
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ARTICLE VI HOURS
Section A. OVERTIME
With the approval of the City Manager, and when necessary to perform essential work, a Department
Administrator may require an employee(s) to work at any time other than during regular working hours
until such work is completed. Represented employees required to be in a work status beyond forty (40)
hours in a designated work week, or to work in excess of the regularly scheduled shift, shall be paid at
the rate of one and one -half times the employee's regular hourly rate. For purposes of overtime
calculation, paid sick leave when accompanied by a doctor's slip verifying illness and all other paid
leave time shall be regarded as hours worked. No overtime credit shall be allowed for any period less
than one - quarter hour. Overtime shall be rounded to the nearest one - quarter hour.
When a represented employee is directed by his /her Department Administrator or the City Manager to
attend classes or City functions at times other than regularly scheduled work hours which cause the
employee to be in a work status in excess of 40 hours in a designated work week, the employee shall
be paid at the rate of time and one -half the employee's regular rate of pay. This does not apply to
classes or other functions which the employee voluntarily attends.
The Department Administrator or City Manager may permit an employee to take compensatory time in
lieu of paid overtime. With Department Administrator approval, represented employees shall be
permitted to accumulate compensatory time only to a maximum of one hundred (100) hours. When the
maximum level of compensatory time is reached, overtime shall be paid. The scheduling of
compensatory time off shall not result in the pyramiding of overtime.
An employee who has accrued compensatory time and requested use of accrued compensatory time,
shall be permitted to use such time off within a reasonable period after making the request, if such use
does not unduly disrupt the operation of the City. An employee's request to use compensatory time
shall not be denied on the basis that it would require the payment of overtime to the replacement
employee. The City will assist employees by posting the opportunity, however, it is the responsibility of
the employee to find coverage.
Section B. REST PERIODS
Represented employees shall receive for each eight (8) or nine (9) hour shift worked, at the discretion
of the respective department, two (2) fifteen (15) minute rest periods, one each approximately at the
mid -point of each one -half shift. Office personnel shall not leave City property during break periods, and
field personnel shall take breaks at the work site. Employees in transit between work sites may take
their rest period at a location between the normal route of work locations. Rest periods are for the good
of the employee, but periods cannot be used to make up for other lost time. Rest periods are not
cumulative and may not be taken concurrently with lunch periods.
Section C. WORK SCHEDULES
The City may establish and change work schedules, work times and work hours, and assign employees
thereto, in its sole discretion; provided, however, if the City decides to eliminate a current alternate work
schedule (5/40, 9/80, 4/10), the City agrees it will meet and confer with the Association prior to
eliminating the alternate work schedule. If, after meeting and conferring with the Association, the City
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decides to proceed with its decision to eliminate an alternate work schedule, affected employees shall
receive a minimum of two (2) weeks notice of the change.
Except for emergencies and temporary changes in work schedules, work times and work hours, which
shall be defined for six months or less, affected employees shall be given a minimum of two (2) weeks
notice of change in work hours, work times and work schedules. In the case of an emergency or
temporary change in work schedules, work times or work hours, reasonable notice shall be given to
affected employees.
ARTICLE VII STABILITY PAY /LONGEVITY PAY
Section A. STABILITY PAY
This feature of the Pay Plan is intended to encourage stability of employment by recognizing years of
service with compensation. The plan pays $25 per year for each year of consecutive service up to a
maximum of twenty (20) years of service. An employee is not eligible to receive stability pay until they
have completed five (5) years of consecutive service. The following is the schedule of how stability pay
is calculated.
Completed Years
Completed Years
of Service
Amount
of Service
Amount
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$275
16
$400
12
$300
17
$425
13
$325
18
$450
14
$350
19
$475
15
$375
20
$500
Cash stability payments are made once a year between December 1 and December 10 only to
employees on the payroll as of December 1.
Stability payments will be paid on a pro -rata basis to employees that retire or are laid off prior to
December 1, provided they meet all eligibility requirements.
Stability pay will only be applicable to employees who were hired prior to January 1, 1984.
Section B. LONGEVITY PAY
Effective January 1, 2009, a Longevity Pay benefit will be implemented based on the following formula:
Completed Years of Continuous Service
5 — 9 Years
10 — 14 Years
15 Years and beyond
Amount Per Pay Period
$38.462
$57.693
$76.924
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The Longevity Pay benefit is effective the pay period an employee completes 5, 10 or 15 years of
continuous employment with the City. The foregoing amounts shall be subject to applicable payroll
deductions.
ARTICLE VIII TUITION LOAN /REIMBURSEMENT
Employees shall be eligible for tuition advancement or reimbursement who have completed at least
one probationary period in the Classified Service, or one year of continuous service if employment is
"at- will," subject to the conditions below. To qualify for tuition advancement/reimbursement, a Tuition
Loan /Reimbursement Form must be submitted and pre- approved by the employee's Department
Head and Human Resources Administrator, before the course(s) begin.
Tuition loan or reimbursement shall only be for courses, specialized training, or degree programs
"job- related" that are directly related to the employee's position as determined by the City Manager or
designee.
The Tuition Loan /Reimbursement Program will operate on a fiscal year basis (July 1 through June
30) and shall be subject to the availability of funds as determined by the City. The maximum loan or
reimbursement amount shall be $4,126 for undergraduate courses and $5,062 for graduate courses.
Eligible fees include tuition, on campus parking fees and textbooks. All other fees are subject to
approval by the City. School supplies are not reimbursable. Permanent part-time employees shall
receive one -half of the benefit.
All course work must be completed while employed by the City of Arcadia with a passing grade of "C"
or equivalent when numerical score or pass /fail grade is given. If the employee either does not
receive a "C" or better or for any reason does not finish the class, the advance is due and payable.
Any employee who shall voluntarily retire or terminate employment or be terminated for disciplinary
cause within one year from the completion of a class or classes shall refund all tuition paid under this
provision for those specific classes unless they were required to attend by the appointing power. An
employee who separates employment and who received tuition advancement and did not complete a
class or classes within one (1) year from the advancement, shall refund all tuition advanced and be
subject to the provisions outlined in the Advanced Tuition Participation and Loan Agreement.
Employees who retire on a Disability or Industrial Disability Retirement, or are laid off shall not be
required to refund tuition fees.
The City reserves the right to investigate any school and approve or disapprove it for advancement or
reimbursement if such action appears warranted. Courses must be taken at an accredited education
institution, which is defined as any college or university which has been accredited by a recognized
government or professional accrediting body (as determined by the City). Additionally, the City
reserves the right to deny any course(s), specialized training or degree programs determined by the
City Manager to be non -job related.
ARTICLE IX MILEAGE REIMBURSEMENT
Section A. Mileage is reimbursed at a rate established by the City for travel in an employee's
personal vehicle in connection with City business. Prior approval must be obtained from the immediate
supervisor or Department Head. If travel is required frequently during a month, reimbursement will be
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made once a month. Completed mileage forms shall be submitted to the Department Head consistent
with the administrative policy.
Any employee authorized to use a personal vehicle must maintain an insurance policy meeting the
standards established by the City Manager.
ARTICLE X HEALTH, DENTAL AND LIFE INSURANCE
Section A. Within 30 days of the adoption of the 2010 -2011 MOU, the City shall pay a maximum of
$859 per month per employee for coverage. The City will continue to provide Health, Dental and Life
Insurance benefits to each full -time employee in a classification represented by this agreement.
For full -time employees, if the City's contribution exceeds the cost of employee only coverage, the
difference shall be contributed toward the cost of dependent coverage or to the employee in cash or a
combination of both. The employee has the option of having any amount in excess of the premium
contributed to the employee's account in the City's deferred compensation plan instead of receiving
cash.
Within 30 days of the adoption of the 2010 -2011 MOU, the City shall pay a maximum of $429.50 per
month per permanent part-time employee for coverage. For permanent part-time employees, if the
City's contribution exceeds the cost of employee only coverage, the difference may be contributed
toward the cost of dependent coverage only.
If the premium cost of the health plan exceeds the City's contribution, the employee shall pay through
payroll deduction the difference between the monthly premium and the amount contributed by the City.
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.
Section B. The City shall provide regular full -time employees in a classification represented by this
Agreement with the option to elect the following contributions in lieu of the contributions provided in
Section A. of this Article:
1. CalPERS Health Program
The City will contribute $16 per month per employee for health insurance.
2. Dental Insurance — mandatory enrollment
The City will contribute $13.20 per month for employee only enrollment in one of the two dental
plans. Additional coverage may be purchased through the Optional Benefits allocation.
3. Optional Benefits
Within 30 days of the adoption of the 2010/11 MOU, the City shall contribute $829.80 per month
per eligible employee for an optional benefits plan. The employee may receive this amount in
cash or may elect to use coverage for him /herself or his /her dependents for City- approved
benefits options, including but not limited to, dental insurance, supplemental life insurance,
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optional long term disability insurance or deferred compensation plan. Any monies received in
cash will be considered as taxable income.
The employee need not enroll in a medical plan to be eligible for optional benefits allowance
provided that the employee annually during open enrollment, sign a waiver and refusal of
coverage.
Dependent enrollment will require proof of eligibility for dependent status such as marriage, birth
and adoption certificate.
4. Life Insurance
The City shall provide a $25,000.00 life insurance benefit for eligible employees.
5. The City shall provide each employee with a vision plan, with the City paying the premium in
fiscal year 2010/11. This vision plan will be Vision Service Plan, option B. The City will pay the
premium up to the cost of the family plan.
Section C. The City shall provide permanent part-time employees in a classification represented by
this Agreement with the option to elect the following contributions in lieu of the contributions provided in
Section A. of this Article:
1. CalPERS Health Program
The City will contribute $16 per month per employee for health insurance.
2. Dental Insurance — mandatory enrollment
The City will contribute $13.20 per month for employee only enrollment in one of the two dental
plans. Additional coverage may be purchased through the Optional Benefits allocation.
3. Optional Benefits
Upon the adoption of the 2010 -2011 MOU, the City shall contribute $400.30 per month per
eligible employee toward an optional benefits plan.
The employee may receive this amount in cash or may elect to use coverage for him /herself or
his /her dependents for City- approved benefits options, including but not limited to, dental
insurance, supplemental life insurance, optional long term disability insurance or deferred
compensation plan. Any monies received in cash will be considered as taxable income but not
considered base salary for purposes of overtime calculation.
The employee need not enroll in a medical plan to be eligible for optional benefits allowance
provided that the employee annually during open enrollment, sign a waiver and refusal of
coverage.
Dependent enrollment will require proof of eligibility for dependent status such as marriage, birth
and adoption certificate.
4. Life Insurance
The City shall continue to provide a $25,000.00 life insurance benefit for eligible employees.
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5. The City shall provide each employee with a vision plan, with the City paying the premium in
fiscal year 2010/2011. This vision plan will be Vision Service Plan, option B. The City will pay the
premium up to the cost of the family plan.
Section D. RETIREE HEALTH INSURANCE
For employees retiring from the City on or after July 1, 2007, the City agrees to pay the employee and
spouse health insurance monthly premium at an amount not to exceed the PERS Choice premium for
eligible City retirees from the classifications represented by this Agreement. An eligible retiree is an
employee who retires from City service on a service, disability, or industrial disability retirement and has
one thousand (1000) hours of accumulated sick leave at the date of retirement. Payment shall cease
for the retiree upon eligibility for Medicare coverage, and payment shall cease for the spouse upon
eligibility for Medicare coverage or after 15 years, whichever occurs first. If the retired employee and /or
spouse have other group medical coverage available, then this other group insurance shall be primary
and the City's health insurance plan shall function as a secondary co- insurance.
In order to be eligible for retiree health coverage, the employee, and if applicable, the employee's
spouse, must be enrolled in a City- sponsored health plan as of the retiree's last day of work and
maintain eligibility to continue in the CalPERS Health Program as stipulated by the Health Program.
An employee who has fewer than one thousand (1000) hours of accumulated sick leave at the date of
retirement may purchase up to a maximum of three hundred fifty (350) hours worth of sick leave in an
amount equal to the employee's daily pay rate at the time of retirement to meet the one thousand
(1000) hour requirement, with the following restrictions; 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 serious illness or injury
suffered by the employee or a family dependent living in the employee's household, this purchase
limitation of 350 hours will be excused.
1. The employee must have reached the age of 55; and
2. The employee must be employed by the City of Arcadia and must have worked full -time for the
City of Arcadia for a minimum of 15 years. An employee may convert the dollar value of
accumulated vacation hours to reach the dollar value of up to 350 hours to meet the thousand
(1000) hours accumulated sick leave requirement; provided, however, upon verification of
information from a qualified medical provider that an employee has substantially depleted the
employee's sick leave accrual due to 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, this conversion limitation of 350 hours will be excused.
3. Effective February 1, 1999 retirees will be subject to the terms of the CalPERS Health
Program. In this program the City will pay to CalPERS $1.00 per month for the retiree's health
insurance. This amount increases annually by 5% until it is equal to the City contribution for
active employees of $16.00 per month. The difference between this contribution and the
employee only cost of the insurance selected by the retiree will be refunded to the retiree by
the City on a monthly basis based on a report by CalPERS of the retiree's continued
enrollment.
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ARTICLE XI DISABILITY INCOME INSURANCE
Section A. The City shall provide disability income insurance up to a maximum total monthly
payment of $12.81 per eligible employee, as currently defined by the insurer to be an employee who
works at least 30 hours per week, during the life of the Agreement.
ARTICLE XII MEDICAL EXAMINATIONS
Section A. All medical examinations required by the City shall be paid for by the City in accordance
with the City of Arcadia Personnel Rules and Regulations.
Section B. An employee at any time may be required by the appointing power to take a medical
examination, paid for by the City, to determine fitness for duty.
ARTICLE XIII UNIFORMS
Section A. Upon hire, the City shall provide the following employees with five (5) shirts:
• Public Works Inspector
• Code Services Officer
• Combination Inspector
Upon hire, the City shall provide the following employees with four (4) sets of uniforms consisting of
long sleeve shirt, short sleeve shirt, pants /skirt, cross -tie /tie, and one sweater or one medium weight
uniform jacket.
• Fire Inspector
• Fire Administration Specialist
• Office Assistant (assigned to the Fire)
Uniforms shall be replaced on an as needed basis, pursuant to department procedures.
All employees represented by this MOU shall receive one (1) Polo shirt yearly.
Section B. Upon termination of employment the employee shall turn in all uniforms issued or shall
have a dollar amount equal to the lost uniform cost deducted from the employee's final check.
Section C. The City shall provide a safety shoe allowance up to a maximum of $125 per fiscal year
for each employee in the following classifications: Combination Inspector, Code Services Officer, Fire
Inspector, and Public Works Inspector.
The City shall designate safety shoe standards for the above classifications. A purchase order, not to
exceed the maximum fiscal year amount referred to above, shall be provided upon the employee's
request. Once the employee has purchased safety shoes in this manner, the safety shoe shall be
required footwear. Wearing of safety shoes is limited to City work hours.
ARTICLE XIV LEAVES OF ABSENCE
Section A. NON - MEDICAL LEAVES WITHOUT PAY
Upon the written request of an employee stating the reasons therefore, the appointing power with the
approval of the City Manager shall have power to grant leaves of absence without pay subject to the
following restrictions:
1. Length — leave of absence without pay may be granted for a period not to exceed one year with
the exception that military leaves may be granted for the duration of a war or national emergency
or as required by the Military and Veterans' code.
2. Reason — a leave of absence may be granted an employee, provided he /she meets all other
requirements set forth in this rule, who desires to attend school or college or to enter training to
improve the quality of his service, who enters military service of the United States, who is
temporarily incapacitated by illness, or who presents some other reasons equally satisfactory.
3. Right to Return — the granting of a leave of absence without pay confers upon the employee the
right to return to his classification before or at the expiration of his /her leave of absence.
Therefore, a leave of absence shall be granted only to an employee who intends to return to
his /her classification with the City.
4. Service Record — no request for leave of absence will be considered unless the employee
presenting the request has a satisfactory service record.
5. An employee granted a leave of absence may be required by the appointing power or the City
Manager to successfully pass a medical examination prior to being allowed to return to work.
6. The granting of a leave of absence of thirty (30) days or less, with or without pay, shall not
constitute an interruption of service within the meaning of this subsection. The granting of a
leave of absence with or without pay of more than thirty (30) days shall constitute an interruption
of service unless, in the action granting such leave of absence, it is provided that such leave of
absence shall not constitute an interruption of service.
7. The City shall continue to provide health, dental, life, and disability insurance for an employee
granted a leave of absence for up to 30 calendar days. It shall be the responsibility of the
employee who wishes to continue any insurance coverage beyond the 30 calendar days, to
notify the Human Resources Office of his /her intent to continue coverage and to remit the full
monthly premium for any coverage to the Administrative Services Department.
Section B. FAMILY CARE AND MEDICAL LEAVES
Upon the written request of an employee stating the reasons therefore, the appointing power with the
approval of the City Manager shall have power to grant Family Care and Medical Leaves. In
accordance with the Federal Family and Medical Leave Act ( "FMLA ") and the California Family Rights
Act ( "CFRA "), the City of Arcadia will provide family and medical leave for eligible employees, as
defined.
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1. Definitions
" -Month Period means 12 -month period measured backward from the date leave is taken
and continuous with each additional leave day taken.
" Child " means a child under the age of 18 years of age, or 18 years of age or older who is
incapable of self -care because of a mental or physical disability. An employee's child is one for
whom the employee has actual day -to -day responsibility for care and includes, a biological,
adopted, foster child step - child, or child of whom the employee is the legal -guardian.
" Serious health condition means an illness, injury impairment, or physical or mental condition
that involves:
a. Any period of incapacity or treatment in connection with or inconsequent to a hospital,
hospice or residential medical care facility;
b. Any period of incapacity requiring absence from work of more than three calendar days,
that also involves continuing treatment by (or under the supervision of) a health care
provider;
C. Continuing treatment by a health care provider for a chronic or long -term health condition
that is incurable or so serious that, if not treated, would likely result in a period of
incapacity of more than three calendar days; or
d. Prenatal care by a health provider.
" Continuing treatments means:
a. Two or more visits to a health care provider;
b. Two or more treatments by a health care practitioner (e.g. physical therapist) on referral
from, or under the direction of a health care provider; or
C. A single visit to a health care provider that results in a regimen of continuing treatment
under the supervision of the health care provider (e.g. medication therapy).
2. Leave is only permitted for the following reasons:
a. The birth of a child or to care for a newborn of an employee;
b. The placement of a child with an employee in connection with the adoption or foster care
of a child;
C. Leave to care for a child, parent or a spouse who has a serious health condition; or
d. Leave because of a serious health condition that makes the employee unable to perform
the functions of his /her position.
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3. An employee is eligible for leave if the employee:
a. Has been employed for at least 12 months; and
b. Has been employed for at least 1,250 hours during the 12 -month period immediately
preceding the commencement of the leave.
4. Eligible employees are entitled to a total of 12 workweeks of leave during any 12 -month period.
The 12 workweek period does not include leave taken for an employee's pregnancy disability
pursuant to Government Code Section 12945.2. An employee's entitlement to leave for the birth
or placement of a child for adoption or foster care expires 12 months after the birth or placement.
5. Employee Benefits While on Leave
Leave under this policy is unpaid. While on leave, employees will continue to be covered by the
City of Arcadia's group health insurance to the same extent that coverage is provided while the
employee is on the job. Employees may make the appropriate contributions for continued
coverage under the proceeding benefit plans by payroll deductions or direct payments made to
these plans. Employee contribution rates are subject to any change in rates that occurs while the
employee is on leave. If an employee fails to return to work after his /her leave entitlement has
been exhausted or expires, the City of Arcadia shall have the right to recover its share of health
plan premiums for the entire leave period, unless the employee does not return because of the
continuation, recurrence, or onset of a serious health condition which would entitle the employee
to leave, or because of circumstances beyond the employee's control. The City of Arcadia shall
have the right to recover premiums through deduction from any sums due the City of Arcadia
(e.g. unpaid wages, vacation pay, etc.)
6. If an employee requests leave for any reason permitted under this policy, he /she must exhaust
all accrued leaves (except sick leave) in connection with the leave. An employee may elect to
exhaust part or all of the employee's sick leave while on an approved Family Medical Leave to
care for a child, parent or spouse. The exhaustion of accrued leave, and sick leave if any is
used, will run concurrently with the leave under this policy.
If an employee requests leave for his /her own serious health condition, in addition to exhausting
accrued leave, the employee must also exhaust accrued sick leave.
7. Employees who request leave for their own serious health condition or to care for a child, parent
or a spouse who has a serious health condition must provide written certification from the health
care provider of the individual requiring care.
If the leave is requested because of the employee's own serious health condition, the
certification must include a statement that the employee is unable to perform the essential
functions of his /her position.
If the City of Arcadia has reason to doubt the validity of a certification, the City may require
another medical opinion at the City's expense. When the second opinion differs from the first,
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the City may require the opinion of a third provider jointly approved by the City and the
employee, at the City's expense. The opinion of the third provider will be binding.
If an employee requests leave intermittently (a few days or hours at a time) or on a reduced
leave schedule to care for an immediate family member with a serious health condition, the
employee must provide medical certification that such leave is medically necessary. "Medically
necessary" means there must be a medical need for the leave and that the leave can best be
accomplished through an intermittent or reduced leave schedule.
8. Although the City of Arcadia recognizes that emergencies arise which may require employees to
request immediate leave, employees are required to give as much notice as possible of their
need for leave. If leave is foreseeable, at least 30 days notice is required. In addition, if an
employee knows that he /she will need leave in the future, but does not know the exact date(s)
(e.g. for the birth of a child or to take care of a newborn), the employee shall inform his /her
supervisor as soon as possible that such leave will be needed. If the City of Arcadia determines
that an employee's notice is inadequate or the employee knew about the requested leave in
advance of the request, the City of Arcadia may delay the granting of the leave until it can, in its
discretion, adequately cover the position with a substitute.
9. Upon expiration of leave, an employee is entitled to be restored to the position of employment
held when the leave commenced, or to an equivalent position. As a condition of restoration of an
employee whose leave was due to the employee's own serious health condition, which made the
employee unable to perform his /her job, the employee must obtain and present a fitness- for -duty
certification from the health care provider that the employee is able to resume work. Failure to
provide such certification will result in denial of restoration.
Section C. TEMPORARY MILITARY LEAVE (Paid and Unpaid)
Any employee who is a member of the reserve corps of the armed forces of the United States or of the
National Guard or the Navy Militia shall be entitled to a temporary military leave of absence as provided
by applicable Federal law and applicable California State law.
To be eligible for paid leave for 30 calendar days of active military training, an employee must have
been employed by the City for a period of not less than one year immediately prior to the day on which
the leave of absence begins. If the employee has not been employed for a period of one year, the leave
shall be granted without pay. Pay shall not exceed 30 calendar days in any one fiscal year.
An employee on paid military leave shall continue to accrue vacation, sick leave, seniority and /or
holiday in the same manner as the employee would have, had the employee been in a work status.
To be eligible to receive the leave, an employee must submit a request in writing with a copy of his /her
military orders to his /her immediate supervisor for processing.
This leave provision does not apply to employees who are drafted or receive orders to military duty for
periods longer than 180 calendar days. Employee's rights to return to vacant positions after an absence
that exceeds 180 calendar days shall be governed by the applicable Federal and State law.
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Section D. VACATION LEAVE
1. Accumulated vacation leave shall be granted at the discretion of the appointing power.
2. Vacation may not be accumulated beyond the amount accumulable for a sixty -five (65) pay
period basis. Once an employee has accumulated this amount, no more vacation will be
accrued by the employee until the employee's accrual has been reduced below this maximum
amount.
When through work circumstances and needs of the job, an employee has been unable to utilize
vacation time and this has not been a pattern or practice for that employee, the City Manager for
good cause may approve excess accumulated vacation, provided the employee reduces this
total below the allowable maximum within six (6) months.
3. An employee who has previously requested and was granted approval of vacation leave for use
during the last three (3) months of the calendar year and is unable to utilize such leave because
of the City's cancellation of leave shall be allowed to carry over the excess leave time into the
next three (3) months of the new calendar year, if rescheduling of the vacation leave is not
possible.
4. Upon termination, vacation used shall be pro -rated against vacation earned. Every City
employee who leaves the City employ for any reason shall be granted all accumulated vacation
or shall be paid therefore at his rate of compensation applicable at the time he leaves the City
employ. If an employee works more than 50% of the pay period, the employee shall receive
credit for 50% of that pay period's vacation.
5. Full -time employees represented by this agreement, with the exception of temporary
appointments shall accumulate vacation with pay beginning with the first full pay period of
employment at the rate of 3.07 hours per pay period during the first five years of continuous full -
time employment with the City; at the rate of 4.61 hours per pay period between the employee's
fifth and tenth anniversary date of continuous full -time employment; at the rate of 5.23 hours per
pay period between the employee's tenth and fifteenth anniversary date of continuous full -time
employment, and at the rate of 6.15 hours per pay period after fifteen years of continuous full -
time employment with the City.
Every full -time employee represented by this agreement, with the exception of temporary
appointments shall accumulate vacation with pay beginning with the first full pay period of
employment. Vacation shall be accrued based on years of service as follows:
1 -5 years
80 hours
6 -10 years
120 hours
11 -15 years
136 hours
16+ years
160 hours
Part-time employees represented by this agreement, with the exception of temporary
appointments shall accumulate vacation with pay beginning with the first full pay period of
employment at the rate of 1.54 hours per pay period during the first five years of continuous
employment with the City; at the rate of 2.31 hours per pay period between the employee's fifth
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and tenth anniversary date of continuous employment; at the rate of 2.62 hours per pay period
between the employee's tenth and fifteenth anniversary date of continuous employment, and at
the rate of 3.07 hours per pay period after fifteen years of continuous employment with the City.
6. Employees may elect to sell back vacation during a calendar year equal to the amount of
vacation taken during the year, by the date of the request, not to exceed a maximum of 80
hours in the calendar year.
Section E. SICK LEAVE
1. Every full -time employee represented by this agreement shall accrue sick leave beginning with
the first full pay period of employment on the basis of 3.693 hours for each pay period of service
completed with the City. Employees may accumulate up to a maximum of 1,500 hours of sick
leave with pay.
2. The City Manager or designee may require a medical examination by a physician or evidence of
the reason for an absence of any employee during absence on account of illness of such
employee.
3. Except as provided hereinafter, sick leave means authorized absence from duty of an employee
who is temporarily disabled and unable to work due to a medical condition or due to a scheduled
medical or dental appointment during regular working hours. Every effort shall be made to
schedule appointments during non - working hours.
Employees that are injured on duty, and the injury is recognized as such by the City or the
WCAB, and not eligible to receive salary to supplement workers' compensation temporary
disability benefits under Section J of this Article, may request that accrued sick leave be paid
to supplement workers' compensation disability payments.
4. Sick leave may be used by an employee when his care and attendance is required by a family
dependent who requires the employee's presence at the dependent's medical or dental
appointment during regular working hours. Every effort shall be made to schedule appointments
during non - working hours. Family dependents shall include only dependents currently residing in
the employee's household, or the employee's minor children.
5. The appointing power and City Manager may require evidence of the reason for any employee's
absence caused by illness or death in the immediate family of the employee during the time for
which sick leave is requested.
6. In case of absence due to illness, the employee shall notify his department in accordance with
departmental rules and explain the nature of the illness. If an employee is requested to provide a
doctor's certification for their illness or the illness of their dependent(s), the request for the
certification shall be made prior to their return to work. The appointing power and City Manager
may deny or revoke sick leave if the illness or injury for which it is taken is caused or
substantially aggravated by compensated outside employment.
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7. Part-time employees who work more than forty (40) hours in a pay period shall receive sick leave
in the same manner and under the same conditions as full -time employees at one -half the level
of full -time employees.
Section F. BEREAVEMENT LEAVE
At the time of death, or where death appears imminent, in the immediate family, an employee, may be
granted a leave of absence with pay, upon approval of the appointing power and the City Manager.
Immediate family is defined as the spouse, the employee or employee's spouse's mother or
stepmother, father or stepfather, brother or sister or step sibling, child or stepchild, grandparents,
grandchildren, or any relative of the employee or employee's spouse residing in the same household.
Such leave, shall be granted based on employee's current work shift up to a maximum of three (3)
shifts.
Section G. HOLIDAYS
1. Each employee in a classification represented by this MOU shall be allowed the following
holidays with pay:
New Year's Day .... .........................January 1
President's Day . ............................The third Monday in February
Memorial Day .... ............................The last Monday in May
Independence Day ........................July 4
Labor Day .......... ............................The first Monday in September
Veteran's Day ......... .......................November 11
Thanksgiving Day ..........................The fourth Thursday in November
Day after Thanksgiving Day .......... The Friday following the
fourth Thursday in November
Christmas Eve ............................... December 24 (4 hours)
Christmas Day ............................... December 25
New Year's Eve ............................. December 31 (4 hours)
Every day appointed by the City Council for a public fast, thanksgiving or holiday.
2. Whenever:
New Year's Day - January 1;
Independence Day - July 4;
Veteran's Day - November 11; or
Christmas Day - December 25
falls on a Saturday or Sunday, the Friday preceding or the Monday following, respectively, shall
be a holiday.
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3. In lieu of Citywide holidays to celebrate Dr. Martin Luther King Jr.'s birthday and Admissions
Day, full time employees shall receive two (2) eight (8) hour floating holidays to be scheduled
by the employee in the same manner as vacation leave. Additionally, full time employees shall
receive an eight (8) hour floating holiday for his /her birthday to be scheduled by the employee
in the same manner as vacation leave. Floating holidays shall not carry over into subsequent
fiscal years and failure to schedule a floating holiday in the fiscal year in which it is earned
shall result in its loss. If the City adopts Dr. Martin Luther King, Jr.'s birthday as a fixed
Citywide holiday or it re- adopts Admissions Day as a fixed Citywide holiday, the floating
holiday(s) based thereon shall cease and eligible employee shall receive the fixed Citywide
holiday(s).
Full time employees in the unit employed on July 1 of the fiscal year shall conditionally accrue
twenty -four (24) hours of floating holiday. If the employee uses floating holiday leave and
separates from City employment before the date upon which the floating holiday is based (Dr.
Martin Luther King, Jr.'s birthday, Admissions Day and /or the Employee's birthday), said floating
holiday leave shall be repaid to the City through payroll deduction. Employees hired after the
beginning of the fiscal year shall accrue floating holiday only if the employee is employed before
the date on which the floating holiday is based (Dr. Martin Luther King, Jr.'s birthday, Admissions
day and /or the Employee's birthday). As an example, an employee hired on July 15, whose
birthday is August 5, would receive a floating holiday for his birthday, Admissions Day and MLK's
birthday for that fiscal year. However, if that same employee was hired on March 15, the
employee would not receive any floating holiday benefit for that fiscal year.
4. An employee required to work or attend a class or function on any holiday allowed to him by this
Section shall be paid for the holiday, and in addition, he shall be compensated in accordance
with the applicable overtime rules. A holiday allowed by this Section occurring during any leave
of absence with pay shall be added to the number of working days' leave of absence to which
such employee is entitled.
5. For full -time employees assigned to an alternate work week, and scheduled to work 9 or more
hours, but for the holiday would have been scheduled to work 9 or more hours, the employee
may use accrued vacation time, accrued comp time, floating holiday time or unpaid leave to
make up any difference between the provided nine hours of holiday pay and the actual number
of regularly scheduled working hours for a designated holiday. For example, if a holiday falls on
a day an employee is scheduled to work ten (10) hours, the employee shall receive nine (9)
hours of holiday pay and be permitted to use other accrued leaves to make up the extra hour for
that day.
6. For full -time employees assigned to an alternate work week, if a holiday falls on a Friday that
City Hall is closed under the 9/80 plan, each employee shall receive an eight (8) hour floating
holiday. Floating holiday time is not accruable and not payable if unused. The floating holiday
must be used by the end of the fiscal year in which it is granted or it shall be forfeited.
Salary for the holiday shall be paid during the pay period in which the holiday occurs.
7. Represented part-time employees who work more than forty (40) hours in a pay period shall
receive holidays in the same manner and under the same conditions as full -time employees at
one -half the level of full -time employees.
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Section H. JURY LEAVE
When an employee is called or required to serve as a juror, attendance shall be deemed a leave of
absence with full pay. The City will compensate jury service up to eighty (80) hours per year. All hours
in excess of eighty (80) shall not be compensated. The employee shall remit to the City all fees
received except mileage. For employees assigned to an alternate work week, pay for jury duty shall not
be provided on regularly scheduled days off. When released from any day of service more than two (2)
hours prior to the end of the normal work schedule, an employee shall report as soon as practical to full
duty.
Section I. COURT WITNESS LEAVE
An employee who is subpoenaed or required to appear in court as a witness shall be deemed to be on
leave of absence. With approval of the appointing power and City Manager, an employee may be
granted leave with pay during his required absence. The employee shall remit to the City fees received
except mileage. A paid leave of absence shall not be granted for time spent in Court on personal cases.
Section J. INDUSTRIAL ACCIDENT LEAVE
Industrial accident leave shall be granted only to employees with three or more full years of
continuous service with the City.
2. Industrial accident leave shall be allowed for a maximum of ten months from and after the date
of injury. Industrial accident leave shall be equivalent to the employee's regular base salary and
any temporary disability compensation payment required by law shall be deducted from the
industrial accident leave payment. Lost time due to an injury on duty shall not be charged
against an employee's accumulated sick leave after all industrial accident leave is expended.
3. Compensation shall continue until the employee returns to work, industrial accident leave is
exhausted, or it is medically determined that there is a permanent disability which precludes
return to regular duties, whichever occurs first.
4. The City reserves the right to require an employee to furnish proof from a physician of the cause
and necessity of absence during an industrial accident leave.
5. "Industrial accident" as used in this Article, is defined as any illness or injury arising directly out of
the employment of the employee which forces the employee to absent himself /herself from work
upon the advice of a physician. The determination of whether an illness or injury results from an
industrial accident shall be made by the City in consultation with its Workers' Compensation
administrators.
ARTICLE XV PROBATIONARY PERIOD
Section A. The probationary period is part of the examination process.
which the employee's performance and conduct on the job are evaluated
the employee is fully qualified for permanent appointment.
It is a work -test period during
to determine whether or not
27
During the probationary period, a probationer may be released, or demoted if permanent status is held
in a lower classification, without the right of appeal, if the appointing power deems the probationer unfit
or unsatisfactory for service.
When a provisional appointment is made to a probationary position and subsequently the appointee is
appointed to the position as a probationary employee, with no time interval between the provisional and
probationary appointment, the "employment date" as herein defined, shall be the date first appointed on
a provisional basis.
Section B. All eligible candidates appointed to a position from an open competitive examination and
who are not currently employed in a permanent position shall be on probation for twelve (12) months
before attaining permanent status.
Eligible candidates appointed from a promotional list to these classifications shall be on probation
twelve (12) months before attaining permanent status.
Section C. Eligible candidates appointed from a promotional list shall be on probation for six (6)
months before attaining permanent status.
Section D. Probationary period may be extended for a one six (6) month period with the approval of
the Human Resources Administrator.
Section E. A probationary employee who is holding a promotional position shall have the right to
demotion to the classification in which he /she holds a permanent appointment, unless he /she was
discharged for cause from City employment.
ARTICLE XVI SPECIAL PAY
Section A. ACTING PAY
Any employee in the unit who is required, in writing, to work five (5) consecutive working days or longer
in a higher classification which is vacant due to sick leave, injury leave, vacation, termination or move
up due to acting pay shall receive the following acting pay retroactive to the first day of the assignment:
1. five (5) percent 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.
IMS
Section B. CALL -BACK PAY
If a unit member is required while off duty to report back to work on a call -out, he /she shall receive a
minimum of two (2) hours pay at straight time or the hours actually worked at the appropriate rate of
compensation, whichever is greater. Call back pay shall commence upon the arrival of the employee at
the work site.
Section C. BILINGUAL PAY
A maximum of nine (9) employees may be certified as bilingual by the City. Once certified, the
employee shall receive a bilingual pay stipend of $75 per month.
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 XVII LAYOFFS
Section A. LAYOFF PROCEDURE
The City Manager or appointing power may lay off an employee because of change in duties or
organization, deletion of service, adverse working conditions, shortage of work or funds or return of
employees from authorized leave of absence.
The order of layoff shall be based on performance (outlined in Section C below), and in the reverse of
total cumulative time served in the same classification upon the date established for the layoff to
become effective. The order of employee layoff in a department shall be as follows: temporary,
provisional, probationary, permanent. The employee in the class with the least seniority in the
department will be laid off and may exercise bumping rights, if any, to the least senior incumbent in the
class in the City. However, if a vacancy exists in the class, there will be no bumping and the employee
who is to be laid off will be reassigned to the vacant position.
Classified employees may only bump or voluntarily demote to a classified position and unclassified
employees may only bump or demote to an unclassified position.
Permanent full -time employees who receive notice of layoff may, in lieu of layoff, voluntarily demote to
the next lower classification that the employee previously held within the unit, provided such employee's
seniority in the department is greater than the most junior employee holding the lower position.
Permanent part-time employees may in lieu of layoff voluntarily demote to the next lower part-time
classification that the employee previously held within the unit, provided such employee's seniority in
the department is greater than the most junior employee holding the lower position.
Employees in classifications which are found in more than one Department may in lieu of layoff
voluntarily transfer to another City department in the same classification, or lower classification,
provided there is a funded vacant position or provided the employee's seniority is greater than the most
junior employee holding the position.
29
An employee who transfers across departmental lines shall serve a six month probationary period. If
the employee fails the probationary period the employee shall then be placed on the re- employment
list, and the employee who was laid off shall be reinstated.
Section B. RE- EMPLOYMENT LIST
The names of employees shall be placed upon re- employment lists in the reverse order of the layoff.
Re- employment lists shall remain effective for eighteen (18) months from the effective date of
separation from service. Failure of the employee on the re- employment list to provide the City their
current address shall result in the employee's name being removed from the eligibility list.
Section C. DEFINITIONS
Employee - Permanent full -time and permanent part-time worker of the City of Arcadia who has
been employed by the City for twelve consecutive months.
Layoff - Permanent separation from employment with the City as a result of a work reduction.
Performance - The rating received by the employee from the City of Arcadia's evaluation
process. For the purposes of layoffs, seniority will only be disregarded if an employee's overall
performance evaluation rating in any one of the last three years is below proficient. In such case,
the layoff shall be based upon performance.
Work Reduction - A decrease in the level of service or amount of product output by the City.
ARTICLE XVIII PERSONNEL FILES
Section A. The City shall maintain a central personnel file for each employee in the Human
Resources Office. Supervisors may maintain working personnel files.
If a supervisor maintains a working personnel file, copies of written material which is to be used as a
basis for employee discipline shall be sent to the central personnel file and given to the employee.
Copies of performance evaluations and /or disciplinary actions shall not be entered in the file, until the
employee is given a copy and an opportunity to review and comment thereon. The employee shall be
given an opportunity during working hours to initial, date, and file a written response to the material. The
written response shall be attached to the material.
Copies of letters of commendation and /or certificate of commendation from the City Council or City
Manager shall be placed in the employee's personnel file.
An employee or their designated representative (in writing) shall have the right to examine and /or obtain
copies at the employee's expense, of any material from the employee's personnel file with the
exception of material that includes ratings, reports and records which were obtained prior to the
employment of the involved employee.
Section B. Discipline older than three (3) years will not be considered in promotional recruitments
30
ARTICLE XIX EMPLOYEE GRIEVANCES
Section A. DEFINITIONS
Grievance
A grievance is an allegation by an employee(s) of a misinterpretation or misapplication of any
express provision of the applicable Memorandum of Understanding or City and /or Department
Personnel Rules and Regulations where there is no other specific method of review provided by
City law.
2. Grievant
An employee or group of employees in the classified service adversely affected by an act or
omission by the City allegedly in violation of an express provision of the Memorandum of
Understanding or City and /or Department Personnel Rules and Regulations.
3. Department Head
The department head or designee.
4. Work day
A work day is any day the City offices are regularly open for business.
5. Exclusions from the Grievance Procedure
a. The procedure is not to be used for the purpose of changing wages, hours and working
conditions. Allegations involving wages, hours and working conditions may thus be
grieved only if the grievance involves a misapplication or misinterpretation of an express
provision of the MOU or a City /Department Personnel Rules and Regulations.
b. The procedure is not intended to be used to challenge the content of employee
evaluations or performance reviews. Allegations that the City has failed to comply with an
evaluation procedure set forth in a specific provision of the MOU and /or City /Department
Personnel Rules and Regulations are grievable.
C. The procedure is not intended to be used to challenge a reclassification, layoff, transfer,
denial of reinstatement, or denial of a step or merit increase. Notwithstanding the above, if
the process used to reach the foregoing decisions is not in compliance with an express
provision of the MOU and /or City /Department Personnel Rules and Regulations, a
grievance may be filed.
d. The procedure is not intended to be used in cases of oral or written reprimand,
demotion, suspension, removal or other disciplinary action. Appeals of disciplinary
actions are covered by the City's Personnel Rules and Regulations.
31
e. The procedure is not to be used to challenge examinations or appointment to positions.
Notwithstanding the above, if the process used to reach the foregoing decisions is not
in compliance with an express provision of the MOU and /or City /Department Personnel
Rules and Regulations, a grievance may be filed.
Section B. TIMELINESS
The grievance must be filed by the employee within the timelines set forth herein. Failure of the
employee to file the initial grievance or process the grievance from one level to another in a timely
manner is a forfeiture of the grievance and the grievance will not be processed further.
If the City fails to respond in a timely manner, the employee may proceed to the next level.
Section C. EMPLOYEE REPRESENTATION
The employee may be represented by a person of his or her choice to prepare and present the
grievance. The employee may use a reasonable amount of released time to process the grievance.
The release time must be approved by the Department Head.
Section D. INFORMAL GRIEVANCE PROCEDURE
Within fifteen (15) working days following the event, or within fifteen (15) working days after the
employee should reasonably have known of the event, the employee should attempt to resolve the
grievance on an informal basis by discussion with his or her immediate supervisor.
Section E. FORMAL GRIEVANCE PROCEDURE
1. First Level of Review: Next Level Supervisor
If the employee is not able to resolve the grievance after discussion with his or her immediate
supervisor, within ten (10) working days after the informal discussion with the immediate
supervisor, the employee shall present the grievance in writing to the next level supervisor on
the official City grievance form setting forth the following information:
a. The specific section of the rules or MOU allegedly violated.
b. The specific act or omission which gave rise to the alleged violation.
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.
The remedy requested.
32
A copy of the grievance shall be provided to the Human Resources Division of the
Administrative Services Department concurrently with presentation to the immediate
supervisor.
The next level supervisor shall render a decision in writing, on the grievance form, within ten
(10) working days after receiving the grievance.
2. Department Head Review
If the employee does not agree with the decision of the next level supervisor, within ten (10)
working days after receiving the next level supervisor's decision or twenty (20) days from the
date the next level supervisor received the grievance but failed to issue a decision, the
employee shall present the grievance in writing, on the grievance form, to the department
head.
The department head may require the employee and the immediate supervisor to attend a
grievance meeting. The department head shall communicate a decision in writing within ten
(10) working days of receiving the grievance or within ten (10) working days of holding a
grievance meeting whichever is longer.
3. Human Resources Manager
If the employee is not in agreement with the decision reached by the department head, within
ten (10) working days after receiving the department head's decision or twenty (20) days from
the date the department administrator received the grievance but failed to issue a decision, the
employee shall present the grievance in writing to the Human Resources Manager on the
official City grievance form.
The Human Resources Manager may require the employee and the immediate supervisor to
attend a grievance meeting. The Human Resources Manager shall communicate a decision in
writing within ten (10) working days of receiving the grievance or the holding of a grievance
meeting whichever is longer.
4. Human Resources Commission
If the employee is not in agreement with the decision of the Human Resources Manager or if
the Human Resources Manager has failed to respond, the employee shall present the
grievance to the Human Resources Commission within ten (10) working days from the date of
receipt of the Human Resources Manager's decision or twenty (20) days from the date the
Human Resources Manager 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 thirty (30) days, transmit the
appeal to the Human Resources Commission. The Commission shall schedule a hearing. The
appeal hearing shall be set not less than twenty (20) working days nor more than sixty (60)
33
working days from the date of the filing of the appeal. All interested parties shall be notified in
writing of the date, time, and place of the hearing at least ten (10) working days prior to the
hearing.
2. Public Hearings
All hearings shall be open to the public.
3. Pre - Hearing Procedure
a. Subpoenas
The Human Resources Commission is authorized to issue subpoenas at the request of
either party prior to the commencement of the hearing. After the commencement of the
hearing, subpoenas shall be issued by the Commission only for good cause. Each party
will prepare their own subpoenas and present them to the Human Resources Division
of the Administrative Services Department and the other party. The Human Resources
Division of the Administrative Services Department will issue the subpoenas. The
Human Resources Division of the Administrative Services Department will serve
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 ten (10) working days before the date of the hearing.
b. Exhibits and Witness Lists
Five (5) working days prior to the date set for the hearing, each party shall serve upon
the other party and submit to the Human Resources Division of the Administrative
Services Department a list of all witnesses and a list and copy of all exhibits. An original
and nine (9) copies of the exhibits shall be presented to the Human Resources Division
of the Administrative Services Department in 3 hole notebooks which are tabbed down
the side with the exhibit numbers. The employer's exhibits shall be designated by
number.
The employee's exhibits shall be designated by alphabetical letter. Neither party will be
permitted to call during the hearing, a witness not identified pursuant to this section nor
use any exhibit not provided pursuant to this section unless that party can show that
they could not reasonably have anticipated the prior need for such witness or such
exhibit.
C. Statement of Issues
Five (5) working days prior to the date set for the hearing, each party shall submit to the
Human Resources Division of the Administrative Services Department a Statement of
Issues.
3,
4. Submission to the Human Resources Commission
Five (5) working days prior to the date set for the hearing, the Human Resources Division of
the Administrative Services Department shall present each member of the Human Resources
Commission with a copy of the jurisdictional documents. Those documents include the
grievance documents at each level and the responses to the grievance.
5. Payment of Employee Witnesses
Employees of the City who are subpoenaed to testify during working hours will be released
with pay to appear at the hearing. The Commission may direct that these employees remain
on call until called to testify. Employees who are subpoenaed to testify during non - working
hours will be compensated for the time they actually testify, unless the City agrees to a
different arrangement.
6. Conduct of the Hearing
a. The hearing need not be conducted in accordance with technical rules relating to
evidence and witnesses but hearings shall be conducted in a manner most conducive
to determination of the truth.
b. Any relevant evidence may be admitted if it is the type of evidence on which
responsible persons are accustomed to rely in the conduct of serious affairs, regardless
of the existence of any common law or statutory rules which might make improper the
admission of such evidence over objection in civil actions.
C. Hearsay evidence may be used for the purpose of supplementing or explaining any
direct evidence that shall not be sufficient in itself to support a finding unless it would be
admissible over objection in civil actions.
d. The rules dealing with privileges shall be effective to the same extent that they are now
or hereafter may be recognized in civil actions.
e. Irrelevant and unduly repetitious evidence may be excluded.
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.
35
8. Proceed with Hearing or Request for Continuance
Each side should be asked if it is ready to proceed. If either side is not ready and wishes a
continuance, good cause must be stated. Any request for a continuance must be made in
writing and submitted prior to the hearing to all parties. Before requesting a continuance, the
moving party shall contact all parties to determine if there is any opposition to the continuance
and shall state in its request if there is opposition.
9. Testimony under Oath
All witnesses shall be sworn in for the record prior to offering testimony at the hearing. The
chairperson will request the witnesses to raise their right hand and respond to the following:
"Do you swear that the testimony you are about to give at this hearing is the truth, the whole
truth and nothing but the truth ?"
10. Presentation of the Case
The hearing shall proceed in the following order unless the Human Resources Commission for
special reason, directs otherwise:
a. The Human Resources Chair shall announce the issues after a review of the statement
of issues presented by each party.
b. The grievant (employee) shall be permitted to make an opening statement.
C. The respondent (City) shall be permitted to make an opening statement, or reserve an
opening statement until presentation of its case.
d. The grievant shall produce his /her evidence.
e. The respondent may then offer its evidence.
f. The grievant followed by the respondent may offer rebutting evidence.
g. Closing arguments shall be permitted at the discretion of the Human Resources
Commission. The party with the burden of proof, shall have the right to go first and to
close the hearing by making the last argument. The Commission may place a time limit
on closing arguments. The Commission or the parties may request the submission of
written briefs. After the request for submittal of written briefs, the Commission will
determine whether to allow the parties to submit written briefs and determine the
number of pages of said briefs.
11. Procedure for the Parties
The party representing the department and the party representing the employee will address
their remarks, including objections, to the Chair of the Human Resources Commission.
36
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 ten
(10) working days.
15. Recommended Decision
The Human Resources Commission shall render it's recommendations as soon after the
conclusion of the hearing as possible, and no event, later than ten (10) working days after
concluding the hearing, unless otherwise stipulated to by the parties. The recommended
decision shall include an explanation of the basis for the decision.
The Human Resources Commission shall not be polled as to their decision by the grievant or the
grievants counsel.
16. Recommendation to the City Manager
The decision of the Human Resources Commission is advisory to the City Manager. The
proposed decision shall be provided to the grievant and the City Manager.
Either the employee or the department may file a written appeal to the proposed decision, by
filing exceptions thereto with the Human Resources Manager within ten (10) days of receipt of
the Commission's recommended decision.
The party desiring to contest the recommended decision of the Commission may also request
a transcript for review by the City Manager within ten (10) working days of the Commission's
decision. If the appealing party requests a transcript, that party shall pay the cost of the
transcript.
37
17. Final Action by City Manager
Within ten (10) working days of the filing of exceptions, or within ten (10) days of receipt of the
transcript, the City Manager shall review the decision of the Commission, any exceptions filed,
and a record, if one is requested. The decision of the City Manager shall be final. The decision
shall be transmitted to the employee and to the department head.
ARTICLE XX DISCIPLINARY ACTIONS
Section A. DISCIPLINARY ACTION: SUSPENSION SALARY REDUCTION DEMOTION AND
DISMISSAL
The appointing powers are vested with the right to discipline or to dismiss permanent employees as
provided by this section.
A permanent employee holding a position in the classified service shall be subject to suspension
without pay, salary reduction, demotion or dismissed for cause. A permanent employee in the classified
service shall have the right to appeal the suspension without pay, demotion, or dismissal to the Human
Resources Commission. If the appeal is timely, filed, a hearing will be scheduled by the Human
Resources Commission.
Probationary employees are subject to demotion or dismissal without cause or right to a hearing.
Section B. DISCIPLINARY ACTION: 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 Manager 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.
M
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 XX 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 this Memorandum of Understanding to be executed this
day of September, 2010.
ARCADIA CITY EMPLOYEES ASSOCIATION CITY OF ARCADIA
Shelly Polifka
President
Don Penman
City Manager
39
2010 Negotiation Teams
ACEA Negotiating Team City of Arcadia Representatives
Andre Gonzalez, Steward Michael A. Casalou, Human Resources Administrator
Toni McKiernan, Steward Jason Kruckeberg, Development Services Director/
Assistant City Manager
Christine Miller, Steward Hue Quach, Director of Administrative Services
Shelly Polifka, Steward Sara Somogyi, Director of Recreation and
Community Services
Mark Rynkiewicz, Steward Marie Nguyen, Management Analyst
Beth Stogner, Steward
Robin Nahin, CEA Rep William W. Floyd, Jr., Attorney
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