HomeMy WebLinkAbout6745RESOLUTION NO. 6745
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 PUBLIC WORKS EMPLOYEES ASSOCIATION ( "APWEA ")
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 Public
Works Employees Association ( "APWEA ") 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 APWEA 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: 6 i Mayor 4 of the City of Arcadia
ity Clerk
APPROVED AS TO FORM:
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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. 6745 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 PUBLIC WORKS EMPLOYEES
ASSOCIATION
(PUBLIC WORKS EMPLOYEE UNIT)
OF AI�C
Incorporated
August 5, 1903
V' S
O
unity 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, hours and other terms and
conditions of employment for the employees covered by this Memorandum. This
Memorandum provides for an orderly means of resolving differences which may arise
from time to time during its term.
ARTICLE I
Section A. PARTIES AND RECOGNITION
The Memorandum of Understanding is made and entered into between
the management representatives of the City of Arcadia, hereinafter
referred to as the "City" and representatives of the Arcadia Public Works
Employees Association, a formally recognized exclusive employee
organization, hereinafter referred to as the "Association ", pursuant to the
provisions of the Meyers - Milias -Brown Act (Government Code Sections
3500 et.seg.).
Section B. APPROPRIATE UNIT
The City agrees to give the Association notice of any changes, additions,
or deletions of bargaining unit by classifications via an emailed copy of the
Human Resources Commission Agenda. The agenda will be emailed to
the Association's authorized agent at the same time the agenda is sent to
Commission members. The Association shall be responsible for providing
the City with the authorized agent's email address.
The full -time and permanent part-time classifications covered by this
agreement are:
Building Maintenance Crew Supervisor
Building Maintenance Technician
Equipment Operator
Fleet Maintenance Crew Supervisor
Fleet Technician I and I I
Fleet Technician/Welder
Maintenance Worker
Storekeeper Buyer
Streets Maintenance Crew Supervisor
Traffic Signal /Street Light Technician
Utilities Crew Supervisor
Water Production Crew Supervisor
Water Production Technician I and II
Water Quality Backflow Inspector
Section C. MUTUAL RECOMMENDATION
This Memorandum of Understanding constitutes a mutual
recommendation to the City Council, City of Arcadia, for determination.
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Section D. AUTHORIZED AGENTS
The City's principal authorized agent shall be the City Manager,
240 W. Huntington Drive, Arcadia, California, 91007, except where a
particular City representative is specifically designated in connection with
the performance of a specific function or obligation set forth herein.
The Public Works bargaining unit's authorized representative is Anthony
Pulido, President of the Arcadia Public Works Employees Association,
11800 Goldring Road, Arcadia, California, 91066 -6021. The duly
authorized staff representative is Robin Nahin, Executive Director of City
Employees Associates, 254 B Lindero Avenue, Long Beach, California,
90803.
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ARTICLE 11
Section A. TERM
The parties have met and conferred in good faith regarding wages, hours
and other terms and conditions of employment and it is mutually agreed
that this Memorandum of Understanding shall be effective, upon
ratification by the City Council, for the period July 1, 2010 through
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.
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ARTICLE III ASSOCIATION RIGHTS
Section A. Agency Shop Legislative Authoritv
The City of Arcadia (City) and the Arcadia Public Works Employees
Association (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 majority of the full
time, 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.
Association Dues /Agencv 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 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 Association shall be
informed by the Human Resources Division, 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
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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 Arcadia Public
Works Employees Association shall be required to pay to Arcadia Public
Works Employees Association a representation service fee that
represents such employee's proportionate share of Arcadia Public Works
Employees Association's 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 Public Works 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 shall be excused from paying agency shop fees or charitable
contributions.
Re liqious 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.
To qualify for the religious exemption the employee must provide to
Arcadia Public Works 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 Public Works 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.
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Records
Arcadia Public Works Employees Association shall keep an adequate
itemized record of its financial transactions and shall make available
annually, to the City and to unit members, within 60 days after the end of
its fiscal year, a written financial report thereof in the form of a balance
sheet certified as to accuracy by its president and treasurer or
corresponding principal officer, or by a certified public accountant.
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.
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:
a. all postings for bulletin boards must contain the date of
posting and the identification of the organization; and
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b. 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 ninety
(90) days.
Section D. PAYROLL DEDUCTION
The City will deduct from the pay of Association members the normal and
regular monthly Association membership dues as authorized in writing by
the employee on the City form subject to the following conditions:
1. Such deduction shall be made only upon submission of the City
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 (15) days or longer after such submission.
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 a Association representative
or an employee from contacting the Human Resources Administrator or
other management representatives regarding personnel related matters
during work hours.
The authorized Association Business Agent shall be given access to work
locations during working hours provided that prior to visiting any work
location the Association representative shall:
1. Contact the Human Resources Manager or his /her designee, to
state the purpose of his /her visit and which location he /she will be
visiting, and
2. The Human Resources Administrator or designee determines that
such visit shall not interfere with the operations of the department.
In the event the requested time and /or location of such visit by the
Association Business Agent is denied because it would interfere with the
operations of the department, the Human Resources Manager or his
designee shall set an alternative time and /or location for such visit within
72 hours.
Section F. ASSOCIATION STEWARDS
Four (4) Shop Stewards shall be selected in such manner as the
Association may determine.
The Association shall notify the employer in writing of the names of the
four (4) Stewards who are authorized to represent employees in the
bargaining unit.
Section G. REASONABLE NOTICE
It is mutually understood and agreed that a copy (via the United States
Postal Service) of the City Council and /or Human Resources Commission
agenda for each meeting mailed to two (2) authorized representatives of
the Association shall constitute reasonable written notice of any
opportunity to meet with such agencies, on all matters within the scope of
representation upon which the City Council or Human Resources
Commission may act. The Association shall provide the Human
Resources Administrator with the name and addresses of the two (2)
authorized representatives within five (5) days of the effective date of this
Agreement.
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ARTICLE IV MANAGEM 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.
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ARTICLE V COMPENSATION
Section A. The City provides the 2.5% @ 55 retirement formula through CalPERS.
The City shall pay 7% of the employee's contribution to the Public
Employees' Retirement System with the employees contributing 1 % on a
pre -tax basis.
The City shall continue to pay 7% of the employees' compensation
earnable as Employer Paid Member Contributions and report the same
percent of compensation earnable as special compensation.
The salary schedule for classifications covered by this MOU are set forth
on Exhibit "A" and incorporated herein.
Within 30 days of the adoption of the 2010 -11 MOU, the City will return the
funds contributed by members of the APWEA that were used to assist the
City with the balancing of the 2009 -10 City Budget. A signed copy by both
the APWEA and the City, listing the amount to be returned to each
APWEA 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 -11 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 APWEA 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 -10 Fiscal Year.
Section B. PROMOTION OR ADVANCEMENT IN RATE OF COMPENSATION
1. When an employee is promoted, the pay shall advance to the
lowest step in such higher range that will provide not less than an
approximate 5% increase in compensation unless the top step in
such range provides less than one step increase. The 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.
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Section C. The Parties acknowledge that the percentage between steps within a
range is approximately 2.5 %.
Section D. During the term of this agreement, individuals will advance in their rates of
compensation two steps (approximately 5.0 %) on their anniversary dates
upon receiving satisfactory evaluations until the top step in the range is
reached.
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ARTILCE VI OVERTIME (FLSA) AND WORK SCHEDULES
Section A. With the approval of the City Manager, and when necessary to perform
essential work, a Department Administrator may require employees to
work at any time other than during regular working hours until such work is
accomplished. An employee required to be in a work status beyond forty
hours (40) 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
regular hourly rate. No overtime credit shall be allowed for any period less
than one -half hour. Overtime shall be rounded to the nearest one -half
hour.
The Department Administrator, City Manager or designee, 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.
Section B. Employees recalled to work after completing a day's work, including any
overtime shall receive a minimum credit of two (2) hours of overtime.
Section C. When an 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 7 day work period, the employee shall be
paid at the rate of time and one -half the employee's regular rate of pay.
This does not apply to classes or other functions which the employee
voluntarily attends.
Section D. The City agrees that if it decides to change the current 9 -day — 80 hour
work schedule, the City will give the Association two (2) weeks advance
notice and will meet and confer with the Association prior to implementing
a new work schedule; provided, however, the City will not be required to
meet and confer before implementing a new work schedule in the case of
an emergency affecting City operations.
If in the event the City determines an emergency exists, it may modify an
employee's regular work hours. Reasonable notice will be given by the
City to affected employees.
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ARTICLE VII
Section A.
STABILITY PAY /LONGEVITY PAY
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
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$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
A Longevity Pay benefit will be implemented based on the following
formula:
Completed Years of Continuous
Service
Amount Per Pay Period
5 — 9 Years
10 -14 Years
15 Years and beyond
$38.462
$57.693
$76.924
The Longevity Pay benefit is effective the pay period an employee
completes 5, 10 or 15 years of continuous employment with the City.
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ARTICLE VIII TUITION LOAN /REIMBURSEMENT
Section A. 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.
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.
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ARTICLE IX MILEAGE REIMBURSEMENT
Section A. Mileage is reimbursed for travel in an employee's personal vehicle in
connection with City business. Prior approval must be obtained from the
immediate supervisor or Department Head. If travel is required frequently
during a month, reimbursement will be made once a month. Completed
mileage forms shall be submitted to the Department Head consistent with
the administrative policy.
Any employee authorized to use a personal vehicle must maintain an
insurance policy meeting the standards established by the City Manager.
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ARTICLE X HEALTH, DENTAL AND LIFE INSURANCE
Section A. The City will continue to provide Health, Dental and Life Insurance
benefits to each full -time employee in a classification represented by this
Agreement. Within 30 days of the adoption of the 2010 -2011 MOU, the
City shall pay a maximum of $915 per month per employee for coverage.
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.
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
represented by this Agreement with the
contributions in lieu of the contributions
Article:
1. CalPERS Health Program
employees in a classification
option to elect the following
provided in Section A of this
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 -2011 MOU, the City
shall contribute $885.80 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
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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
are not considered base salary for purposes of overtime
calculation.
The employee's exercise of the option to use the difference toward
dependent health coverage is subject to, the conditions controlling
enrollment periods and eligibility established by the respective
plans or carriers.
Dependent enrollment will require proof of eligibility for dependent
status such as marriage, birth and adoption certificate.
The employee need not enroll in a medical plan to be eligible for
optional benefits allowance provided that the employee annually
and refusal of coverage, during open enrollment.
4. The City shall provide each employee with life insurance in the
amount of $25,000.00.
5. The City shall provide each employee with a vision plan, with the
City paying the premium in fiscal years 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. RETIRED 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. 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 to him /her, then this other group insurance shall be primary and
the City's health insurance plan shall function as secondary co- insurance.
An eligible retiree is an employee who retires on a service, disability, or
industrial disability retirement and has 1000 hours of accumulated sick
leave at the date of retirement. 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; provided,
however, upon verification of information from a qualified medical provider
that an employee has substantially depleted the employee's sick leave
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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.
In addition, the eligible employee must apply prior to retirement for such
coverage through Human Resources, The Association shall notify Human
Resources in the event of the death of a retired member.
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.
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.
ARTICLE X1 DISABILITY INCOME INSURANCE
Section A. The City shall provide disability income insurance up to a maximum total
monthly payment of $12.81 per full -time employee, covered by this
agreement during the life of the Agreement.
ARTICLE XI/ 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.
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ARTICLE X111 UNIFORMS
The following shall apply for each fiscal year:
Section A. The City shall provide each new employee with seven (7) sets of uniforms
consisting of shirts and trousers with the exception of Fleet employees
who shall be provided 11 sets of shirts and trousers. Employees who
work with high - voltage and /or due to medical condition shall be provided
with fire - retardant clothing per discretion of the Crew Supervisor.
The City shall provide only one (1) replacement for any damaged or lost
shirt and trouser /shorts.
Section B.
The City will reimburse up to $150.00 for each pair of steel -tip,
non - conductive boots for those full -time regular employees who work
regularly with electricity and all other covered employees for general
steel -tip boots. The City will not pay for any additional items such as
socks, polish or extra laces.
Section C.
The City shall provide ten (10) orange t -shirts with a City logo for each
full -time permanent employee.
Section D.
The City shall provide two (2) City of Arcadia hats for each full -time
permanent employee.
Section E.
The City shall provide one (1) pair of rain bots for each full -time permanent
employee. The City shall provide replacement rain gear on an as needed
basis or determined by the supervisor.
Section F.
The City shall provide one (1) set of rain gear for each full -time permanent
employee. The City shall provide replacement rain gear on an as needed
basis or determined by the supervisor.
Section G.
The City shall provide one (1) sweatshirt for each full -time permanent
employee.
Section H.
Upon termination of employment, the employee shall turn in all uniforms
and other items issued shall have a dollar amount equal to the unreturned
uniforms' and items costs that will be deducted from the employee's final
pay check.
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ARTICLE XIV LEAVES
Section A. In accordance with the current Personnel Rules and Regulations of the
City of Arcadia, all leaves for classifications represented by this
Agreement shall be provided for as follows:
Section B. POWER TO GRANT LEAVE
Upon the written request of an employee stating the reasons therefore, the
appointing power with the approval of the City Manager shall have power
to grant leaves of absence with or without pay subject to the following
restrictions:
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 /her service, who enters military service of
the United States, who is temporarily incapacitated by illness, or
who presents some other reasons equally satisfactory.
3. Right to Return - the granting of a leave of absence without pay
confers upon the employee the right to return to his /her
classification before or at the expiration of his 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.
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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
California State Law.
To be eligible for paid leave for thirty (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 (1) 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 does not apply to employees who are drafted or receive orders
to military duty for periods longer than 180 calendar days. Employee's
right to return to vacant positions after an absence that exceed 180 days
shall be governed by the applicable federal and state law.
Section D. VACATION LEAVE
1. Every full -time employee represented by this agreement, with the
exception of temporary appointments shall accumulate vacation
with pay beginning with the first full pay period of employment 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
5.22 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. Accumulated
vacation 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.
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When through work circumstances and needs of the job, an
employee has been unable to utilize vacation time and this has not
been a pattern or past practice for that employee, the City Manager
for good cause may approve excess accumulated vacation,
provided the employee reduces the total below the allowable
maximum within 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 prorated against vacation
earned. Every City employee who leaves the City employ for any
reason shall be granted all accumulated vacation or shall be paid
therefore at his rate of compensation applicable at the time he
leaves the City employ. If an employee works more than 50% of
the pay period, the employee shall receive credit for 50% of the pay
period's vacation.
5. Employees may elect to sell back vacation during a calendar year
equal to the amount of vacation taken during the year, by the date
of the request, not to exceed a maximum of 80 hours in the
calendar year.
Section E. SICK LEAVE
1. Every full -time employee represented by this agreement shall be
granted sick leave with full pay. Said sick leave shall be
accumulated beginning with the first full pay period of employment
on the basis of 3.693 hours for each pay period of service
completed with the City. Employees may accumulate up to a
maximum of 2,000 hours of sick leave with pay. For the purposes
of overtime calculation, paid sick leave, when accompanied by a
doctor's note verifying illness, shall be regarded as hours worked.
2. 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 non -work related medical condition or due
to a scheduled medical or dental appointment during regular
working hours for a non -work related medical condition. Every
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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 F 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 their attendance
upon a member of the employee's family dependent who is
seriously ill and requiring the attendance of such employee. Sick
leave may also be used when the employee's family dependent
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 order to be eligible for sick leave, an employee must provide at
least fifteen (15) minutes advance notice of an absence. Failure to
do so without good cause may result in denial of sick leave and
disciplinary action.
7. 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. 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.
Section F. WORKERS' COMPENSATION
In those instances where an employee of the City of Arcadia is injured on
duty and the injury is so recognized by the Workers' Compensation Act by
the City of Arcadia or the Workers' Compensation Appeals Board, such
employee may be paid a combination of salary and Workers'
Compensation equal to his regular salary rate for such time as he is
absent from duty because of such injury. Such payment shall be granted
only to employees with three or more full years of continuous service with
the City as well as to those who have completed their initial probation with
the City as of June 14, 1999. The leave shall be for up to a maximum of
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ten months from and after date of such injury. Lost time due to an injury on
duty shall not be charged against an employee's accumulated sick leave.
Section G. HOLIDAYS
Each employee in a classification represented by this MOU shall be
allowed the following holidays with pay:
New Year's Day - January 1
Washington's Birthday - The third Monday in February
Memorial Day - The last Monday in May
Independence Day - July 4
Labor Day - The first Monday in September
Admission Day - September 9
Veteran's Day - November 11
Thanksgiving Day - The fourth Thursday in November
The Friday following the fourth Thursday in November
Christmas Eve - December 24 — 4 hours
Christmas Day - December 25
New Years Eve - December 31 — 4 hours
Every day appointed by the City Council for a public fast,
thanksgiving or holiday.
For full -time employees assigned to an alternate work week, and
scheduled to work 9 or more hours, but for the holiday would have
been scheduled to work 9 or more hours, the employee 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.
2. In lieu of Citywide holidays to celebrate Dr. Martin Luther King'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
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holiday in the fiscal year in which it is earned shall result in its
loss.lf the City adopts Dr. Martin Luther King'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'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'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.
If a holiday falls on a Friday that City operations are closed, under
the 9/80 work schedule, each employee will receive eight (8) hours
of floating holiday time. Floating holiday time is not accruable and
not payable if unused. The floating holiday must be used by the
end of the fiscal year in which it is granted or it shall be forfeited.
Each employee in a classification represented by this MOU shall be
allowed eight (8) hours floating holiday for his or her birthday to be
scheduled by the employee in the same manner as vacation days
are scheduled. Floating holidays do not carry over from calendar
year to calendar year. Failure to schedule the day off within the
calendar year shall result in its loss.
Section H
WITNESS LEAVE
the appointing power and City Manager, the employee may be granted
leave with pay during the required absence. The employee shall remit to
the City fees received except mileage.
An employee who is subpoenaed or required to appear in Court as a
witness shall be deemed to be on a leave of absence. With approval of
A paid leave of absence shall not be granted for time spent in Court on
personal cases.
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Section I. 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 J. UNAUTHORIZED ABSENCE
Unauthorized leaves of absence are cause for immediate dismissal.
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ARTICLE XV PROBATIONARY PERIOD
Section A. The probationary period is part of the examination process. It is a work -
test period during which the employee's performance and conduct on the
job are evaluated to determine whether or not the employee is fully
qualified for permanent appointment.
During the probationary period, a probationer may be released, or
demoted if permanent status is held in a lower classification, without the
right of appeal, if the appointing power deems the probationer unfit or
unsatisfactory for service.
When a provisional appointment is made to a probationary position and
subsequently the appointee is appointed to the position as a probationary
employee, with no time interval between the provisional and probationary
appointment, the "employment date" as herein defined, shall be the date
first appointed on a provisional basis.
Section B. All eligible candidates appointed to a position from an open competitive
examination and who are not currently employed in a permanent position
shall be on probation for twelve months before attaining permanent status.
Section C. Eligible candidates appointed from a promotional list shall be on probation
for six months before attaining permanent status.
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ARTICLE XVI ACTING PAY
Section A. Any employee in the unit who is required, in writing, to work three (3)
working days or longer in a higher classification which is vacant due to
sick leave, injury leave, vacation, termination or move up due to acting pay
shall receive the following acting pay retroactive to the first day of the
assignment:
1. five (5) percent above their current rate of pay or A step of the
higher classification; or
2. an employee in the classification of Maintenance Worker assigned
to an acting position of Crew Supervisor in the following: Building
Maintenance, Fleet Maintenance, Maintenance, Water
Maintenance, Water Production, and /or Water Services
Representative shall receive ten (10) percent above their current
rate of pay; or
3. should such percentage exceed the top step of the range for the
higher classification, the employee shall receive compensation at
the top step of the higher classification.
Section B. Nothing contained herein shall apply to an employee who is being trained
by the City to qualify for a higher classification.
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ARTICLE XVII LAYOFFS
Section A. LAYOFF PROCEDURE
The City Manager or appointing power may lay off an employee in the
Classified Service because of a material change in duties or organization,
inclement weather, adverse working conditions, shortage of work or funds
or return of employees from authorized leave of absence.
The order of layoff shall be temporary, probationary, and then regular
employees and shall be (1) based on performance and (2) in the reverse
of total cumulative time served in the same class or promotional field upon
the date established for the layoff to become effective.
Regular full -time employees who receive notice of layoff may, in lieu of
layoff, voluntarily demote to the next lower classification that the employee
previously held within the unit, provided such employee's seniority in the
department is greater than an employee holding the lower position.
Section B. RE- EMPLOYMENT LIST
The names of employees shall be placed upon re- employment lists in the
reverse order of the layoff. Re- employment lists shall remain effective for
two (2) years from the effective date of separation from service.
Section C. SEVERANCE PAY
A full -time employee whose position is abolished or vacated by a
reduction in work load or lack of funds, and has at least one (1) year of
consecutive full time service with the City shall receive, upon termination,
severance pay. Severance pay shall be a lump sum payment equal to
1 /5th of their previous months' salary times the number of years of
consecutive service, not exceeding five (5) years of service.
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ARTICLE XVIII PERSONNEL FILES
Section A. The City shall maintain a central personnel file for each employee.
Supervisors may maintain working personnel files.
If a supervisor maintains a working personnel file, copies of written
material which is to be used as a basis for employee discipline shall be
sent to the central personnel file and given to the employee.
Copies of performance evaluations and /or disciplinary actions shall not be
entered in the file, until the employee is given a copy and an opportunity to
review and comment thereon. The employee shall be given an
opportunity during working hours to initial, date, and file a written response
to the material. The written response shall be attached to the material.
An employee or their designated representative (in writing) shall have the
right to examine and /or obtain copies of any material from the employee's
personnel file. ' Such copies shall be provided at the employee's cost.
Section B. Discipline older than three (3) years will not be considered in promotional
recruitments.
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ARTICLE XIX EMPLOYEE GRIEVANCES
Section A. DEFINITIONS
1. Grievance
A grievance is an allegation by an employee(s) of a
misinterpretation or misapplication of any express provision of the
applicable Memorandum of Understanding or City and /or
Department Personnel Rules and Regulations where there is no
other specific method of review provided by City law.
2. Grievant
An employee or group of employees in the classified service
adversely affected by an act or omission by the City allegedly in
violation of an express provision of the Memorandum of
Understanding or City and /or Department Personnel Rules and
Regulations.
3. Department Head
The department head or designee.
4. Work day
A work day is any day the City offices are regularly open for
business.
5. Exclusions from the Grievance Procedure
a. The procedure is not to be used for the purpose of changing
wages, hours and working conditions. Allegations involving
wages, hours and working conditions may thus be grieved
only if the grievance involves a misapplication or
misinterpretation of an express provision of the MOU or a
City /Department Personnel Rules and Regulations.
b. The procedure is not intended to be used to challenge the
content of employee evaluations or performance reviews.
Allegations that 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
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above, if the process used to reach the foregoing decisions
is not in compliance with an express provision of the MOU
and /or City /Department Personnel Rules and Regulations, a
grievance may be filed.
d. The procedure is not intended to be used in cases of oral or
written reprimand, demotion, suspension, removal or other
disciplinary action. Appeals of disciplinary actions are
covered by the City's Personnel Rules and Regulations.
e. The procedure is not to be used to challenge examinations
or appointment to positions. Notwithstanding the above, if
the process used to reach the foregoing decisions is not in
compliance with an express provision of the MOU and /or
City /Department Personnel Rules and Regulations, a
grievance may be filed.
Section B. TIMELINESS
The grievance must be filed by the employee within the timelines set forth
herein. Failure of the employee to file the initial grievance or process the
grievance from one level to another in a timely manner is a forfeiture of the
grievance and the grievance will not be processed further.
If the City fails to respond in a timely manner, the employee may proceed
to the next level.
Section C. EMPLOYEE REPRESENTATION
The employee may be represented by a person of his or her choice to
prepare and present the grievance. The employee may use a reasonable
amount of released time to process the grievance. The release time must
be approved by the Department Head.
Section D. INFORMAL GRIEVANCE PROCEDURE
Within 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
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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.
C. The date or dates on which the violation occurred
d. Documents, witnesses or evidence in support of the
grievance.
e. The resolution of the grievance at the informal stage.
A copy of the grievance shall be provided to the Human Resources
Division of the Administrative Services Department concurrently
with presentation to the immediate supervisor.
The next level supervisor shall render a decision in writing, on the
grievance form, within 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 Administrator
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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) 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
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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.
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
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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.
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h. The Human Resources Commission may conduct the
hearing or delegate evidentiary and /or procedural rulings to
its legal counsel.
7. Burden of Proof
In a grievance appeal the grievant has the burden of proof by
preponderance of the evidence.
8. Proceed with Hearing or Request for Continuance
Each side should be asked if it is ready to proceed. If either side is
not ready and wishes a continuance, good cause must be stated.
Any request for a continuance must be made in writing and
submitted prior to the hearing to all parties. Before requesting a
continuance, the moving party shall contact all parties to determine
if there is any opposition to the continuance and shall state in its
request if there is opposition.
9. Testimony under Oath
All witnesses shall be sworn in for the record prior to offering
testimony at the hearing. The chairperson will request the
witnesses to raise their right hand and respond to the following:
"Do you swear that the testimony you are about to give at this
hearing is the truth, the whole truth and nothing but the truth ?"
10. Presentation of the Case
The hearing shall proceed in the following order unless the Human
Resources Commission for special reason, directs otherwise:
a. The Human Resources Chair shall announce the issues
after a review of the statement of issues presented by each
party.
b. The grievant (employee) shall be permitted to make an
opening statement.
C. The respondent (City) shall be permitted to make an opening
statement, or reserve an opening statement until
presentation of its case.
d. The grievant shall produce his /her evidence.
e. The respondent may then offer its evidence.
f. The grievant followed by the respondent may offer rebutting
evidence.
g. Closing arguments shall be permitted at the discretion of the
Human Resources Commission. The party with the burden
of proof, shall have the right to go first and to close the
hearing by making the last argument. The Commission may
place a time limit on closing arguments. The Commission or
the parties may request the submission of written briefs.
After the request for submittal of written briefs, the
Commission will determine whether to allow the parties to
submit written briefs and determine the number of pages of
said briefs.
11. Procedure for the Parties
The party representing the department and the party representing
the employee will address their remarks, including objections, to the
Chair of the Human Resources Commission. Objections may be
ruled upon summarily or argument may be permitted. The Chair
reserves the right to terminate argument at any time and issue a
ruling regarding an objection or any other matter, and thereafter the
representatives shall continue with the presentation of their case.
12. Right to Control Proceedings
While the parties are generally free to present their case in the
order that they prefer, the Chair reserves the right to control the
proceedings, including, but not limited to, altering the order of
witnesses, limiting redundant or irrelevant testimony, or by the
direct questioning of witnesses.
13. Hearing Demeanor and Behavior
All parties and their attorneys or representatives shall not, by
written submission or oral presentation, disparage the intelligence,
ethics, morals, integrity or personal behavior of their adversaries or
members of the Commission.
14. Deliberation Upon the Case
39
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.
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 LABOR - MANAGEMENT COMMITTEE
Section A. The City and the Association hereby agree to the establishment of an ad
hoc committee to discuss employer - employee relation matters.
ON
Each side may designate up to two (2) Public Works Services Department
representatives to serve on the committee. For purpose of coordination
only, the Human Resources Manager shall be chairman of the committee.
The committee shall meet quarterly as necessary, at a mutually agreed
upon time and place. The party requesting the meeting shall submit an
agenda of topics to be discussed no less than five (5) days prior to the
scheduled meeting date.
41
ARTICLE XXI FULL UNDERSTANDING
Section A. This Memorandum of Understanding contains all the covenants,
stipulations and provisions agreed upon by the parties and any other prior
existing understanding or agreements by the parties, whether formal or
informal, regarding any such matters are hereby superseded or terminated
in their entirety.
It is the intent of the parties that this agreement be administered in its
entirety in good faith during its full term. The Association recognizes that
during such term it may be necessary for Management to make changes
in rules or procedures affecting the employees in the unit and that the City
will meet and confer as required by law, before implementing changes.
For the life of this agreement it is agreed and understood that the
Association hereto voluntarily and unqualifiedly waives its rights and
agrees that the City shall not be required to meet and confer with respect
to any subject or matter whether referred to or covered in this agreement
or not during the term of this agreement. However, the specific provisions
of this contract may not be reopened during the term of this contract
without the consent of the City and the Association.
Section B. The parties hereto have caused this Memorandum of Understanding to be
executed this day of August, 2010.
ARCADIA PUBLIC WORKS
EMP 0 E ASSOCIATION
Anthony Pulido
APWEA President
CITY OF ARCADIA
Don Penman
City Manager
NEGOTIATION TEAMS
APWEA
Kevin Henderson, Team Member
Jerry Moeller, Team Member
Anthony Pulido, Team Member
Jon Shoemaker, Team Member
Kevin Tobin, Team Member
Wendell Phillips, CEA Representative
CITY OF ARCADIA
Michael A. Casalou, Human Resources Administrator
Hue Quach, Administrative Services Director
Tom Tait, Public Works Services Director
Yvonne Yeung, Senior Management Analyst
William W. Floyd, Jr., Attorney
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