CC RES 2017-039RESOLUTION NO. 2017-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF RANCHO PALOS VERDES
AND THE RANCHO PALOS VERDES EMPLOYEE ASSOCIATION
WHEREAS, the City of Rancho Palos Verdes (City) has and continues to
recognize the Rancho Palos Verdes Employee Association (RPVEA) as the exclusive
employee organization representing the City's Competitive Unit; and,
WHEREAS, the most current Memorandum of Understanding (MOU) between the
City and RPVEA covering the Competitive Unit expired on June 30, 2017; and,
WHEREAS, the City labor relations representatives and RPVEA representatives
have successfully met and conferred to negotiate a successor MOU between the parties
pursuant to the Meyers-Milias-Brown Act (MMBA) (Government Code Sections 3500-
3511) and have jointly prepared and executed the attached tentative MOU between the
City and RPVEA for the period July 1, 2017, through and including June 30, 2020 (RPVEA
MOU 2017-2020), subject to City Council determination and approval, which is made a
part hereof by this reference; and,
WHEREAS, MMBA Section 3505.1 provides that: "If a tentative agreement is
reached by the authorized representatives of the public agency and a recognized
employee organization or recognized employee organizations, the governing body shall
vote to accept or reject the tentative agreement within 30 days of the date it is first
considered at a duly noticed public meeting ... If the governing body adopts the tentative
agreement, the parties shall jointly prepare a written memorandum of understanding.";
and,
WHEREAS, once approved by the governing body of a local agency, the MOU
becomes a binding agreement between the employee organization and the local agency;
and,
WHEREAS, the City Council now desires to adopt the attached MOU between the
City and RPVEA for the period of July 1, 2017, through June 30, 2020; and,
WHEREAS, the City's Open Public Employee Negotiations (OPEN) Policy requires
the City to place the accepted RPVEA MOU 2017-2020 on an agenda at a minimum of
two City Council meetings that are held at least two weeks apart; and,
WHEREAS, the RPVEA MOU 2017-2020 was first placed on the agenda for the
June 20, 2017, City Council meeting; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The City Council approves the MOU between the City and RPVEA
for the period of July 1, 2017, through June 30, 2020 (RPVEA MOU 2017-2020), a copy
of which is attached hereto as Exhibit "A".
Section 2: Resolution No. 2015-110 is hereby rescinded and replaced by this
resnitAnn'_
PASSED, APPROVED and ADOPTED this 18th day of July 2017.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, hereby certify that
the above Resolution No. 2017-39 was duly and re passed and adopted by the
said City Council at a regular meeting thereof held o July 8, 2017.
City`f,lerk
Resolution No. 2017-39
Page 2 of 2
MEMORANDUM OF UNDERSTANDING
City of Rancho Palos Verdes
and
Rancho Palos Verdes Employees Association
Expires on June 30, 2020
Resolution No. 2017-39
Exhibit A
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TABLE OF CONTENTS
ARTICLE PAGE
I.
TERM..........................................................................................................
1
II.
DEFINITION OF TERMS..................................................................................
1
III.
MANAGEMENT RIGHTS.....................................................................................
4
IV.
REGULAR COMPENSATION, PERFORMANCE EVALUATIONS ...............
4
A. COLA
4
B. Initial Employment
5
C. Performance Evaluation
5
D. Merit Advance
6
E. Promotional Advancement
6
F. Acting Pay
7
G. Top of the Range
7
H. Standby Pay
7
L Callout Pay
9
V.
OVERTIME COMPENSATION..............................................................................
10
A. Work Schedule
10
B. Overtime
10
C. Compensatory Time
11
VI.
RESTRICTED FRINGE BENEFITS........................................................................11
A. Health Insurance
11
B. Retirement Health Savings Account
12
C. Employee Assistance Program
12
D. Section 125 Plan
12
E. Life Insurance
12
F. Accidental Death and Dismemberment
13
G. Short Term Disability Insurance
13
H. Long Term Disability Insurance
13
I. Ca1PERS
13
J. Deferred Compensation
14
K. Tuition Reimbursement
14
L. Workers' Compensation and Unemployment Insurance
15
VII.
INCENTIVE PROGRAM........................................................................................
15
VIII.
EMPLOYEE EXPENSES...................................................................
15
A. Mileage and Parking Expenses
15
IX.
PROBATIONARY PERIOD AND PROCEDURES ..............................................
16
A. Objective
16
B. Duration
16
C. Termination of Initial Hire
16
D. Procedures: Regular Appointment
16
E. Rejection Following Transfer or Promotion
17
X.
LEAVES..................................................................................................................
17
A. Vacation Leave
17
B. Sick Leave
19
C. Wellness Leave
20
D. Bereavement Leave
20
E. Jury Duty
20
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Exhibit A
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TABLE OF CONTENTS
ARTICLE
PAGE
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Exhibit A
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F. Leave of Absence without Pay
21
G. Military Leave
22
H. Paid Holiday Leave
22
I. Family and Medical Leave
23
J. Catastrophic Leave
24
K. Other Leaves
24
XI.
LAYOFF..................................................................................................................
24
A. Order of the Layoff of Employees
24
B. Employees or Probationary Employees
24
C. Reduction of to Lower Job Classification
24
D. Re -Employment List
25
XII.
SCHEDULES, HOURS, ATTENDANCE AND BREAKS ...................................
25
A. Work Schedule
25
B. Attendance
26
XIII.
GRIEVANCE PROCEDURES...............................................................................
26
A. Purpose
26
B. Informal Discussion of Grievance
27
C. Formal Grievance Procedure
27
D. General Procedures
28
XIV.
DISCIPLINE PROCEDURES................................................................................
28
A. Cause for Discipline
28
B. Types of Disciplinary Actions
30
C. Disciplinary Procedures
31
D. Appeal of Disciplinary Action
32
E. Time of Hearing
32
F. Hearing Procedure
32
G. Finality of City Manager's Decision
33
H. Judicial Review
33
XV.
MISCELLANEOUS PROCEDURES......................................................................
33
A. Transfers
33
B. Reclassification
34
C. Reinstatement
34
D. Dress
34
XVI.
ADMINISTRATIVE INSTRUCTIONS AND DEPARTMENT
POLICIES AND PROCEDURES..........................................................
34
A. Administrative Instructions
34
B. Departmental Policies and Procedures
34
XVII.
WRITTEN NOTICE..........................................................................
35
XVIII.
OUTSIDE EMPLOYMENT................................................................
35
XIX.
AGENCY SHOP..............................................................................
35
XX.
SEVERABILITY.............................................................................35
XXI.
JOB DESCRIPTION.........................................................................
35
XXII.
INTERNET USE AND ELECTRONIC MAIL ..........................................
35
XXII.
RE-OPENERS.................................................................................36
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Exhibit A
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TABLE OF CONTENTS
ARTICLE PAGE
F,XTTTRTTS
LIST OF CLASSIFICATIONS IN BARGAINING UNIT ................................................... i
CITY SALARY SCHEDULE............................................................................................... ii
AGENCY SHOP AGREEMENT.......................................................................................... iii
Resolution No. 2017-39
Exhibit A
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MEMORANDUM OF UNDERSTANDING
between the
City of Rancho Palos Verdes
and the
Rancho Palos Verdes Employees Association
Pursuant to the requirements of the Meyers-Milias-Brown Act ("MMBA," commencing at
California Government Code § 3500 et seq.) the City of Rancho Palos Verdes ("CITY") has
recognized the Rancho Palos Verdes Employees Association ("RPVEA") as the majority or
exclusive representative, as those terms are interchangeably used under the MMBA, for those
CITY employees in the bargaining unit defined as non -management, full-time employees in the
classifications listed on Exhibit "A" to this Memorandum of Understanding ("MOU").
I. Term
This MOU will be effective from the date of City Council approval and shall cover the
period commencing from July 1, 2017 through and including June 30, 2020, unless
otherwise expressly provided otherwise in this MOU.
II. Definition of Terms
A. Whenever used in this MOU, the following terms shall have the meanings set
forth below:
1. CITY: The City of Rancho Palos Verdes.
2. CITY MANAGER: The duly appointed City Manager of the City of
Rancho Palos Verdes or his/her designee.
3. CLASSIFICATION: A position or positions assigned to the same job title.
4. COMPETITIVE SERVICE: The competitive service established by
Section 2.46.040 of the Rancho Palos Verdes Municipal Code.
5. CONTINUOUS EMPLOYMENT/SENIORITY: Total full-time spent in
the employ of the CITY, including all days of attendance at work, and approved
leaves of absence whether paid or non -paid (however, non -paid leaves of absence
in excess of thirty (30) days do not result in the accrual of seniority after thirty
(30) days, but shall not include unauthorized absences, time spent between
employment with the CITY, suspensions or layoffs of more than thirty (30) days.
6. DAY: Unless otherwise indicated, day means calendar day.
7. DEMOTION (Disciplinary): A change in employment status from one
classification to another having a lower rate of pay and/or change in duties which
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are allocated to a class having a lower maximum rate of pay for disciplinary
reasons. A disciplinary demotion may be temporary or permanent.
8. DISMISSAL: The discharge of the employee from CITY service for
disciplinary reasons. Discharge and dismissal are used interchangeably in this
MOU.
9. EMPLOYEE: A competitive service employee as defined in Municipal
Code Section 2.46.040 and compensated through the CITY payroll who is
regularly scheduled to work forty (40) or more hours per week. Employee also
does not include elective officials, members of appointed boards, commissions,
and committees, CITY Council -appointed CITY officers, independent
contractors, part-time employees, temporary employees, emergency employees,
management employees or volunteers.
10. EVALUATION DATE: The date in which an employee is scheduled to
receive his/her performance review.
a) The date on which a newly hired probationary employee has
completed not less than twelve (12) months of service within a job
classification and passed probation,
b) The annual anniversary date reflecting when a regular employee
completed their initial probation.
C) The evaluation date shall be adjusted as required for any break in
service, or adjusted in accordance with the merit increase schedule
outlined in Rule IV.
11. EXEMPT EMPLOYEE: An employee whose duties and salary exempt
him/her from the overtime pay provisions of the federal Fair Labor Standards Act
(FLSA).
12. MANAGEMENT EMPLOYEE or MANAGER: The Deputy City
Manager and Department Heads as defined in the Management Employee
Personnel Rules or so designated either in a class specification or by the City
Manager.
13. NONEXEMPT EMPLOYEE: An employee who is subject to the overtime
pay provisions of the federal Fair Labor Standards Act.
14. PERSONNEL OFFICER: The City Manager shall serve as the Personnel
Officer as outlined in Municipal Code Section 2.46.030.
15. PROBATIONARY EMPLOYEE: An employee who is employed with the
CITY during his/her initial -hire, transfer or promotional probationary period, or
extension thereof.
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a) An initial -hire probationary employee is an employee who (1) is
serving a probationary period, and (2) has not previously been employed
by the CITY, or (3) has previously been employed by the CITY but who is
re-employed after a break in service.
b) A transfer probationary employee is a CITY employee who has
been transferred to an equivalent job classification in a different
department and who is serving a probationary period.
C) A promotional probationary employee is a CITY employee who
has been promoted to a higher job classification requiring different skills
and who is serving a probationary period.
16. PROBATIONARY PERIOD: A period of time not less than twelve (12)
months of service for newly hired employees and 6 months of service for transfers
and promotions, as defined in Municipal Code Section 2.46.070, which is an
integral part of the examination, recruiting, testing and selection process of
employment. During the probationary period, an employee is required to
demonstrate his/her fitness for the position to which he/she is tentatively
appointed, including promotional or transfer appointments, by actual performance
of the duties of the position.
17. REDUCTION IN PAY (Discipline): A change in the salary of an
employee to a lower rate within the same salary range for disciplinary reasons.
18. RULES: The Competitive Service Employee Personnel Rules.
19. SUSPENSION (Disciplinary): The temporary separation of the employee
from CITY service without pay for disciplinary purposes for a period not to
exceed thirty (30) days per occurrence.
20. TERMINATION: The cessation of employment with the CITY for non -
disciplinary reasons such as, but not limited to, layoff, resignation, or failure to
successfully complete the initial -hire probationary period.
21. VERBAL REPRIMAND: An oral warning that may be given to the
employee in the event that a deficiency in performance or conduct is not of
sufficient magnitude to warrant a more formal disciplinary action.
22. WRITTEN REPRIMAND: A written statement relating to an action or
omission which meets the grounds for disciplinary action, indicating that there is
cause for dissatisfaction with the employee's services and that further disciplinary
measures may be taken if the cause is not corrected.
23. WORK DAY: Any day, Monday through Friday, except holidays, when
CITY Hall administrative offices are open for business.
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24. WORK WEEK: A regular schedule of forty (40) hours in a seven day
period, the scheduling of which may vary from time to time based on the
workforce needs of the CITY as determined by the City Manager. For overtime
calculation purposes, the "workweek" is defined as the seven (7) day 168 hour
regularly recurring period for each employee. For employees who work the 9/80
work schedule, their workweek shall begin exactly four hours after their start time
on the day of the week which is their alternating regular day off (typically
Friday). For employees who work a work schedule other than a 9/80, their
workweek shall begin at 12:00 a.m. on Sunday through 11:59 p.m. on the
following Saturday.
III. Management Rights
The CITY, through the City Council, possesses the sole right to operate the CITY and all
management prerogatives remain vested with the CITY through the City Council and
City Manager. In this context, except as specifically limited by express provision of this
MOU, all management prerogatives, powers, authority and functions, whether heretofore
exercised, and regardless of the frequency or infrequency of their exercise, shall remain
vested exclusively with the CITY. It is expressly recognized that these rights, include,
but are not limited to, the right to hire, direct, assign or transfer an employee or
probationary employee; the right to lay off employees or probationary employees; the
right to determine and change staffing levels and work performance standards; the right
to determine the content of the workday, including without limitation, workload factors;
the right to determine the quality and quantity of services to be offered to the public, and
the means and methods of offering those services, the right to contract or subcontract
CITY functions, including any work performed by employees or probationary
employees; the right to discipline employees, including the right to reprimand, suspend,
reduce in pay, demote and/or terminate employees; the right to relieve employees or
probationary employees of duty, demote, dismiss or terminate employees or probationary
employees for non -disciplinary purposes; the right to consolidate CITY functions; the
right to determine CITY functions; the right to implement, modify and delete rules,
regulations, resolutions and ordinances; the right to establish, change, combine wages or
eliminate jobs, job functions and job classifications; the right to establish or change
wages and compensation; the right to introduce new or improved procedures, methods,
processes or to make technological changes; and the right to establish and change shifts,
schedules of work, and starting and quitting times.
IV. Regular Compensation, Performance Evaluations
Employee compensation effective the first full pay period in July 2017 is set forth in the
salary schedule of ranges in Exhibit `B" to this MOU. Each range spread is
approximately thirty percent (30%) from the bottom of the range to the top of the range.
A. COLA
Effective the first full pay period in July 2017, the City shall implement an across-the-
board salary cost of living ("COLA") increase of 2.5% for all represented employees as
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set forth in Exhibit B Salary and Hourly Schedule attached hereto. Employees' salaries
have been increased correspondingly within their individual salary ranges to reflect the
COLA. The salary ranges will increase by the COLA amount.
Effective the first full pay period in July 2018, the City shall grant an across -the board
salary COLA increase for all represented employees based upon the percentage increase
in the Consumer Price Index (CPI -U) in the Los Angeles -Riverside -Orange County
geographic area for the twelve (12) month period ending March 2018 with a minimum
floor increase of one percent (1 %) and ceiling cap on the increase of two and a half
percent (2.5%). Employees' salaries shall increase correspondingly within their
individual salary ranges to reflect the COLA. The salary ranges shall increase by the
COLA amount.
Effective the first full pay period in July 2019, the City shall grant an across-the-board
salary COLA increase based upon the percentage increase in the Consumer Price Index
(CPI -U) in the Los Angeles -Riverside -Orange County geographic area for the twelve
(12) month period ending March 2019 with a minimum floor increase of one percent
(1%) and ceiling cap on the increase of two and a half percent (2.5%). Employees'
salaries shall increase correspondingly within their individual salary ranges to reflect the
COLA. The salary ranges shall increase by the COLA amount.
B. Initial Employment
The rate of compensation for initial employment in any classification shall be determined
by the City Manager at his/her sole discretion based upon the experience, education,
skills and ability of the employee.
C. Performance Evaluation
A probationary employee shall receive a probationary performance evaluation at the
conclusion of the probationary period, or any extension thereof. Each regular employee
shall receive a performance evaluation after completing one (1) year of service within a
job classification and annually thereafter. The evaluation date shall be adjusted as
required by any break in service, transfer or promotion.
Starting July 1, 2017, represented employees shall be eligible for salary merit adjustments
within an individual salary range based upon each employee's annual performance
evaluation rating as follows:
o Meets Expectations (Satisfactory): 1.0%
o Exceeds Expectations (Good): 2.0%-2.5%
o Exceptional (Excellent): 3.0%-3.5%
The City Manager shall retain the sole discretion to approve merit adjustments within a
salary range on an annual basis. The percentage salary increase within a range will be the
same for all employees who receive the same performance review rating. When a merit
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adjustment moves an employee to the top of their range, the remaining money from the
salary increase, if any, shall be paid out as a merit bonus as described in Section G below.
Employees' annual performance evaluations will be due within two weeks after their
anniversary dates and, based on their annual performance review, eligible employees will
receive a merit pay adjustment and/or bonus as set forth in this MOU. Regardless of the
date that an employee actually receives their performance review, the advancement of an
employee within a classification's salary range, or merit bonus payment, shall have an
effective date of the first day of the pay period in which the employee's anniversary date
in the classification falls, subject to the City Manager's approval.
Employees will be permitted to grieve performance evaluations that are less than a
"good" rating. This grievance right shall be for a trial period through June 30, 2017 and
the parties will meet and confer regarding discontinuing it for any successor MOU.
The CITY will provide the Association with the total performance review ratings for each
employee annually on or before September 30 of every year. The total performance
review ratings report will be anonymous and will not contain information that would link
a rating to an individual employee.
The CITY will meet and confer with the Association during this MOU term to revise the
performance review document.
D. Merit Advance within a Range
The only reason for advancement within a range shall be meritorious performance in an
employee's assigned duties:
1. Except as allowed in this section, probationary employees will not be
eligible for merit advancement at the conclusion of the probationary period.
2. Meritorious performance shall be determined by the overall rating on the
employee's performance evaluation.
3. Merit increases shall be based on meritorious service. Granted increases
shall be effective on the same day in which the employee's evaluation date falls,
whether or not the performance evaluation is conducted on the evaluation date.
4. All proposed advancements shall be recommended by the Department
Head and approved by the City Manager before becoming effective. The City
Manager shall make a final determination on all proposed merit increases based
upon the overall rating on the employee's evaluation and the Department Head's
recommendation. Advancements under this section shall not change the
employee's regular evaluation date.
E. Promotional Advancement
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When an employee is promoted from employment in one classification to employment in
a classification assigned a higher salary range, advancement shall be to a level within the
higher classification as will accord such employee an increase of at least five percent
(5%) over his/her current rate of compensation, provided that the salary does not exceed
the maximum amount of compensation within the new salary range.
F. Acting Pay
An employee who, by written assignment by his/her Department Head or the City
Manager, performs the duties of a position with a higher salary classification than that in
which he/she is regularly employed, shall receive compensation specified for the position
to which he/she is assigned if he/she performs the duties for a period of one (1) calendar
month or more. The employee shall be compensated at a level within the higher
classification as will accord such employee an increase of at least five percent (5%) over
his/her current rate of compensation, provided that the salary does not exceed the
maximum amount of compensation within the new salary range. Such compensation
shall be retroactive to the first day of the assignment through the duration of the
assignment.
G. Top of the Range
In no case shall an employee's regular salary exceed the maximum of the range
established by Resolution of the City Council.
Starting July 1, 2016, represented employees at the top of their salary range who are not
eligible for salary merit adjustments shall receive an annual lump sum merit bonus that
equals a percentage of the employee's base salary on the same conditions as set forth for
salary merit adjustments, as determined by each employee's annual performance
evaluation rating as follows:
o Meets Expectations (Satisfactory): 1.0%
o Exceeds Expectations (Good): 2.0%-2.5%
o Exceptional (Excellent): 3.0%-3.5%
The City Manager shall retain the sole discretion to approve salary merit bonuses for
employees at the top of their salary range on an annual basis. The percentage salary
bonus within a range will be the same for all employees who receive the same
performance review rating. Employees will be permitted to grieve performance
evaluations that are less than a "good" rating. This grievance right shall be for a trial
period through June 30, 2017 and the parties will meet and confer regarding
discontinuing it for any successor MOU.
H. Standby Pay
Standby duty must be authorized by the City Manager, or designee, to provide
operational coverage during normal non -working hours when there is a likelihood
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that a situation may develop that could jeopardize the City, the public or City
employees if corrective action were not taken prior to the start of regular working
hours.
1. Eligibility: Only bargaining unit members in classifications that are non-
exempt from federal Fair Labor Standards Act ("FLSA") overtime pay rules shall
be eligible for standby shifts.
2. Participation: Standby duty shall, whenever possible, be assigned on a
voluntary basis. When voluntary participation is insufficient to meet the needs of
the Department, then such duty will be assigned on a rotational basis whenever
possible within the affected work units.
3. Availability: While assigned to a standby shift, employees must respond
within fifteen (15) minutes to all calls 24 hours a day during a specified seven-day
period (seven continuous calendar days). If it is determined during the call that
the employee's physical presence is required, employee must respond on scene
within one hour of the call. Employees accepting standby assignments, who are
not able to meet the above criteria due to distance, must make prior arrangements
with management before accepting standby assignments.
4. Standby Shift Status: Employees are not required to wear City or work
uniforms and may engage in their own personal activities while they are on
standby shifts. However, during their standby shift, employees must refrain from
the use of intoxicants, be fit for duty, and reachable by phone. Employees not
obligated to remain on standby have no obligation to meet these requirements.
5. Compensation:
a) Employees assigned to standby shifts shall receive $100 for each week
(seven continuous calendar days) an employee is assigned and
available to respond. If an employee cannot be reached or does not
respond to an emergency call, the employee shall forfeit $14.29 of
standby pay for each day that they fail to respond to a standby call.
b) When a City paid holiday falls during the scheduled workweek in
which an employee is on a standby shift, said employee shall receive
an additional two (2) hours of regular pay for being on the standby
shift for that holiday. Standby holiday pay shall not be considered
hours worked for over -time calculations.
c) During the Winter Break, December 24, 25 and January 1 shall be
eligible for holiday standby pay, but the rest of the days of the Winter
Break shall be exempt from holiday pay.
6. Reporting: Employees that are assigned to Standby shifts must document
their Standby week and actual time worked on the Standby/Call-Out Form.
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Employees must submit the form to their supervisor for review and approval at
the same time that they submit their timesheet.
I. Callout Pay
All FLSA non-exempt bargaining unit members contacted by the City outside
their normal working hours and asked to perform work on behalf of the City
outside of normal working hours shall be eligible for Call -out Pay. Call -out duty
occurs when off-duty personnel are required to return to duty because of
unanticipated work requirements, either because they are ordered to return/report
to work or are already on a standby assignment. Except as otherwise indicated in
the provisions below, an employee must report for work in order to be eligible for
compensation.
1. Response Time: Employees that receive a call -out to return to work after
concluding a regular work day or report for duty on a day for which they were not
regularly scheduled for work must report to work within one hour of the call if
their physical presence is required.
2. Compensation:
a) City to pay the greater of 2 hours at time and one-half (1'/2) or actual
time worked at time and one-half (11/2), whichever is greater, for
reporting to work on a call -out.
i. Multiple calls received within any two-hour period already being
paid shall not result in any additional compensation.
ii. Callouts that result in the two-hour minimum period overlapping
into the regular work schedule will revert to regular pay at the
beginning of the regular work day.
b) City to pay the greater of 15 minutes at time and one-half (11/2) or
actual time at time and one-half (11/2) for resolving issues remotely (via
telephone, computer, etc.). This provision will only apply for work
done that is specifically related to the call -out request, and not for
general work duties that can be done during normal working hours.
3. Travel Time: When reporting to a regular City reporting location,
employees shall be paid for up to thirty (30) minutes of travel time at straight time
or actual time traveled at straight time, whichever is less; if an employee is
required to report on a non -regularly scheduled work day, the employee shall be
paid for up to thirty (30) minutes of travel time at time and one half (1 %2) or actual
time traveled at time and one half (1 %2), whichever is less. When reporting to a
work location that is not a regular City reporting location, employees shall be paid
for portal to portal travel time at straight time on a regularly scheduled work day
and at time and one half (1 %2) on a non -regularly scheduled work day.
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4. Reporting: Employees that receive a call -out must document the date of
the call -out, travel time, and actual time worked on said call -out on the
Standby/Call-Out Form. Employees must submit the form to their supervisor for
review and approval at the same time that they submit their timesheet.
V. Overtime Compensation
A. Work Schedule
When necessary to perform work, nonexempt employees and nonexempt probationary
employees may be required to work at a time other than during, or in excess of, forty (40)
hours in the work week.
1. Overtime shall be defined as any combination of actual hours worked and
paid leave, which exceeds forty (40) hours in any work week.
2. Work in excess of forty (40) hours in the workweek requires written
approval of the nonexempt employee's Department Head or the City Manager.
Whenever possible, the employee shall obtain the Department Head's or the City
Manager's written approval in advance.
3. An employee, with his/her supervisor's approval may flex his/her time
(i.e., work on different hours of the day or move hours from one day to the next
for flexibility). Flexing time is generally not permitted on the alternating regular
day off (Fridays) for employees who work the 9/80 work schedule. Flexing is
permitted for the convenience of the employee and/or CITY operations and shall
not result in additional overtime costs. CITY will permit flexing on Fridays with
approval of the employee's supervisor and the Deputy City Manager provided
that no overtime is incurred.
B. Overtime Compensation
1. Nonexempt employees and nonexempt probationary employees shall
receive overtime compensation or compensatory time off in accordance with the
federal Fair Labor Standards Act. Accordingly, nonexempt employees and
nonexempt probationary employees shall be paid one and one-half (1 1/2) times
their regular rate of pay or receive compensatory time off at one and one half (1
1/2) hours for all hours worked in excess of forty (40) in the work week.
4. The following positions have been designated exempt for all purposes
under the FLSA, including overtime compensation:
o Associate Engineer
o Maintenance Superintendent
o Recreation Program Supervisor II
o Recreation Services Manager
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o Senior Administrative Analyst
o Senior Engineer
o Senior Planner
In designating these classifications as exempt under the FLSA, these exempt
employees in these classifications will receive a maximum accrual of up to 62
hours of Administrative Leave each fiscal year. Any non -used Administrative
Leave hours from the prior fiscal year shall reduce the next year's accrual
proportionately such that each year the employee shall not accrue nor have
banked more than 62 total hours. These changes shall be for a trial period through
June 30, 2017 and the parties will meet and confer regarding discontinuing them
for any successor MOU.
Employees who have accrued compensatory time on the books as of the date that
they are designated to be exempt shall retain those hours for use provided that
they follow the procedure for compensatory time usage set forth in Article V,
Section C 1.
C. Compensatory Time
Nonexempt employees and nonexempt probationary employees may elect to be credited
with compensatory time off in lieu of paid overtime at the time such overtime is recorded.
Such compensatory time shall be at the rate of one and one half (1 1/2) hours for each hour
of overtime worked. Compensatory time may not be accumulated to exceed forty (40)
hours.
1. The taking of all compensatory time off shall first be approved by the
nonexempt employee's or nonexempt probationary employee's Department Head
or the City Manager and shall be granted in accordance with the work force needs
of the CITY and the federal Fair Labor Standards Act. An employee may use
compensatory time upon 4 work days' notice to his or her supervisor. An
employee may be allowed to use compensatory time upon less than 4 work days'
notice at the discretion of his or her supervisor.
5. Upon termination or dismissal from employment, employees shall be paid
for accumulated compensatory time.
VI. Restricted Fringe Benefits
During the term of this MOU, no changes shall be made to the Restricted Fringe Benefits
currently offered by the CITY. Costs associated with these plans are subject to change at
any time without notice to the employer.
A. Health Insurance
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On the first day of the month following the first day of employment, all employees are
eligible to participate in the CITY's group medical, dental, vision and employee
assistance program (EAP) insurance plans. The CITY will pay the monthly insurance
premium costs for all full-time employees and 50% of the cost for all eligible dependents.
Employees selecting the preferred provider organization (PPO) plan option with health
savings account (HSA) will receive CITY contributions to the HSA toward the PPO
deductible in an amount established by resolution of the City Council paid at intervals as
established by the CITY. The current annual HSA payment is $3,000 for employee only
and $6,000 for employee plus one dependent or family, with contributions to the HSA
made on approximately January and April 1.
Full-time employees providing proof of medical coverage comparable to CITY health
insurance coverage may decline CITY coverage (it must be a group health insurance, not
an individual plan) and receive an in -lieu payment of fifty -percent (50%) of the lowest
plan available to employees.
B. Retirement Health Savings Account
Employees shall be enrolled in the retirement health savings account upon completion of
probation. The Account is funded via a one percent (1%) employee deduction and a
CITY contribution. The CITY contribution effective the first full pay period in July 2017
for FY 2017-18 shall be increased to sixty ($60) per pay period (previously the City paid
$56.59 per pay period). For 2018-19 and 2019-20, City shall continue the practice of
increasing City annual contribution effective the first full pay period in July by the
percentage increase in the Consumer Price Index (CPI -U) in the Los Angeles -Riverside -
Orange County area for the twelve (12) month period ending March 2018 and March
2019, respectively.
C. Employee Assistance Program
The CITY's Employee Assistance Program can refer employees to qualified professional
counselors who can help the employee and their eligible family member resolve personal
problems that can affect their health, family life, abilities and desire to excel at work.
D. Section 125 Flexible Benefits Plan
On the first day of the month following six full months of employment, employees can
elect to enroll in the CITY's flexible Benefits Plan. The Section 125 plan allows
employees to withhold a portion of their paycheck on a pre-tax basis. The money is then
used to pay for health expenses not covered by their respective insurance providers or for
reimbursement of the employee's dependent care expenses, such as day care, throughout
the year. Employees should calculate their deductions and track their expenses carefully,
as some portion of the unused amount may be forfeited per IRS regulations.
E. Life Insurance
Employees are eligible for life insurance on the first of the month following their first day
of employment with the CITY. The CITY pays the entire premium on a life insurance
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policy with a benefit of twice the employee's annual salary, up to a maximum benefit of
$350,000.
F. Accidental Death and Dismemberment
Employees are eligible for AD&D insurance on the first day of the month following their
first day of employment with the CITY. The CITY pays the entire premium on an
AD&D insurance policy. The benefit amount is based on the actual loss, up to a
maximum benefit of $350,000.
G. Short Term Disability Insurance
All employees are required to participate in the California State Disability Insurance
(SDI) program, which provides partial salary replacement benefits when an employee is
disabled due to a non -work related illness or injury. The program is funded by employee
payroll deductions from the employee's bi-weekly paycheck until a cap established by
the State is reached. The benefits and terms are established by the State.
H. Long Term Disability Insurance
On the first day of the month following six full months of employment, eligible
employees are covered by the CITY's long term disability insurance program, which
provides partial salary benefits when an employee is disabled due to a non -work related
illness of injury. The CITY pays the employee's entire premium. Long term disability
insurance does not become effective until an eligible employee has been unable to work
for more than 90 days. Benefits are provided at a rate of 66.6667% of an employee's
monthly earnings, up to a maximum benefit of $10,000 per month.
I. California Public Employees' Retirement System (CaIPERS)
Eligible employees are automatically enrolled as members of the CITY's retirement
system. The retirement plan is provided under contract with CaIPERS. The CITY pays
the employer portion of the CaIPERS contribution, and the employees pay the CaIPERS
member contribution (eight percent (8%) for employees subject to the 2.5%@55 formula
below and seven percent (7%) for employees subject to the 2%@60 formula below) as
determined by CaIPERS. The employee pays the employee portion, as determined by
statute and CaIPERS contract. In the event of any conflict between this summary and
either the CITY's contract with CaIPERS or law, the contract or law, as applicable, will
prevail.
1. Current employees who entered CaIPERS membership under the CITY's
plan prior to October 6, 2012 are subject to the CITY's formula of 2.5%@55 with
final compensation determined by the average of the 12 highest paid consecutive
months (single highest year).
2. New Employees first entering membership under the CITY's plan on or
after October 6, 2012 who are not new members under (3) below are subject to
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the second tier benefit formula of 2%@60 based on the average monthly pay rate
for the 36 highest paid consecutive months (3 year final compensation).
3. Pursuant to the Public Employees' Pension Reform Act of 2012 (PEPRA),
on and after January 1, 2013 "new members," as defined under PEPRA, will be
subject to the reform tier benefit formula of 2%@62 based the average monthly
pay rate for the 36 highest paid consecutive months (3 year final compensation)
and other PEPRA required terms. In addition, new members will be required to
pay one half (1/2) of the total normal cost rate for their pension benefit. That rate
is determined by CalPERS and will be communicated to the Association (and as it
is adjusted in the future) once it is known by the CITY. As defined by PEPRA, a
"new member" is:
a) An individual who becomes a member of any public retirement system for
the first time on or after January 1, 2013, and who was not a member of
any other public retirement system prior to that date.
b) An individual who becomes a member of a public retirement system for
the first time on or after January 1, 2013, and who was a member of
another public retirement system prior to that date, but who was not
subject to reciprocity, as provided under PEPRA.
c) An individual who was an active member in a retirement system and who,
after a break in service of more than six months, returned to active
membership in that system with a new employer.
J. Deferred Compensation
In addition to the CITY's CalPERS retirement program, the CITY's deferred
compensation program (457 plan) allows employees to save and invest a portion (up to
the maximum permitted by law) of their salary today on a tax-deferred basis, in order to
supplement their future retirement benefits. All employees are eligible to participate in
the program.
For CalPERS designated Tier 2 and Tier 3 represented employees, the City shall match
employee contributions up to sixty dollars ($60) per month per employee towards the
City's deferred compensation program (457 plan).
K. Tuition Reimbursement
The CITY provides a tuition reimbursement program to encourage employees to pursue
professional growth and development through accredited academic coursework. All
employees who have completed probation are eligible to participate in the program. The
course must be related to work within CITY government and class time must not interfere
with the employee's normal duties, unless specifically authorized by the City Manager.
A passing grade, or a certificate of completion for courses that do not bear credit, is
required to receive payment. The maximum amount of reimbursement in a fiscal year
shall not exceed $500 per employee participating in the program and is subject to final
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authorization by the City Manager. The total amount of funds available for the tuition
reimbursement program is established each year by the City Council as part of the
CITY's operating budget.
L. Workers' Compensation and Unemployment Insurance
1. Coverage: The CITY provides workers' compensation and unemployment
insurance to all employees, in accordance with California law.
2. On -the -Job Injuries: All injuries suffered during working hours must be
reported, in writing, immediately to the Department Head or City Manager.
Unless there is an emergency, a CITY referral form must be obtained from the
Personnel office before visiting a doctor. Upon returning to work from all on-the-
job injuries, employees and probationary employees must have an approved
return to work certificate signed by the attending doctor.
VII. Incentive Program
A. From time to time, the City Manager may grant an incentive pay award to any
employee or probationary employee in recognition for extraordinary work.
1. The City Manager shall determine the amount of incentive pay per
employee award. However, in no case shall the incentive pay exceed five percent
(5%) of an employee's base salary.
2. Employees or probationary employees shall be limited to no more than
two (2) incentive pay awards in a twelve (12) month period.
VIII. Employee Expenses
A. Mileage and Parking Expenses
An employee or probationary employee who is required to use his/her private automobile
for CITY assignments shall be reimbursed for mileage at the current standard mileage
rate set by the Internal Revenue Service and actual parking expenses.
1. All claims for mileage and parking reimbursement shall first be approved
in writing by the employee's or probationary employee's supervisor, department
head or the City Manager, and shall be filed on forms and in accordance with the
procedures established by the City Manager.
2. Employees and probationary employees using their private automobile for
CITY business shall supply the Personnel Officer with a Certificate of Insurance
stating that their private automobile is covered by public liability and property
damage insurance of not less than the amount required in the procedures
established by the City Manager, established in coordination with the CITY's
liability coverage pool.
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IX. Probationary Period and Procedures
A. Objective of the Probationary Period
The probationary period shall be regarded as part of the selection and evaluation process.
The CITY shall closely observe the probationary employee's work performance during
the probationary period.
B. Duration of the Probation Period
All initial -hire appointments shall be tentative and subject to a probationary period of not
less than twelve (12) months actual service. All transfer and promotional appointments
shall be tentative and subject to a probationary period of six months of actual service. The
City Manager may extend a new -hire probationary period up to twelve (12) additional
months of actual service and a promotional probationary period up to an additional six
months of actual service. Wherever possible, the City Manager shall give the
probationary employee written notice of the extension of the probationary period ten (10)
days before its expiration. The written notice shall state the reason for the extension.
Failure to give the probationary employee notice of the extension prior to the expiration
of the initial probationary period shall automatically extend the period. The length of the
automatic extension without a written notice shall not exceed a period of over thirty (30)
days.
C. Termination of Initial Hire Probationary Employee
During or at the conclusion of the initial -hire probationary period, or any extension
thereof, the City Manager, after consultation with the probationary employee's
department head, where practical, may terminate an initial hire probationary employee
without cause, and without a hearing or right of appeal.
D. Procedures: Regular Appointment Following Probationary Period
The City Manager shall be notified in writing two (2) weeks prior to the expiration of any
probationary period. After consultation with the probationary employee's department
head and immediate supervisor, the City Manager shall determine whether:
1. The initial -hire probationary employee shall become a regular employee;
2. The initial -hire probationary employee shall be terminated or discharged;
The transfer probationary employee's transfer shall be confirmed;
4. The transfer probationary employee's transfer shall be rejected;
5. The promotional probationary employee's promotion shall be confirmed;
6. The promotional probationary employee's promotion shall be rejected, or
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7. The employee's initial, transfer or promotional probationary period shall
be extended.
E. Rejection Following Transfer or Promotion
Any probationary employee rejected during or at the conclusion of a probationary period
following a transfer or promotional appointment shall be reinstated to the classification
from which the employee was transferred or promoted unless (a) charges are filed and the
employee is dismissed from employment in the manner provided in this MOU, (b) there
is no vacancy in such position, or (c) the employee is terminated from employment due to
a layoff or other basis. If there is no vacancy, the employee may request to be placed on
a reemployment list.
X. Leaves
1. Time spent by an employee on an approved paid leave shall not be
construed as a break in service or employment, and rights accrued at the time the
leave is granted shall be retained by the employee. Additionally, a leave of
absence, with pay or without pay, granted to any employee shall not create a
vacancy in the position. For the duration of any such leave of absence, the duties
of the position may be performed by another employee from the competitive
service on an acting assignment, an independent consultant or a temporary
employee, provided that any person so assigned shall possess the minimum
qualifications for such position.
2. Except as otherwise permitted by law, all requests for leave shall be in
writing, and shall be sent to the employee's supervisor or department head or
his/her designee. The request shall include the expected start and end dates of the
leave, and any medical certifications required by the provisions of this MOU or
CITY Policy. An employee shall provide as much advance notice of the need for
leave as practicable. Generally, when the need for the leave is foreseeable, the
employee shall try to provide at least ten (10) days' notice prior to the
commencement of the leave. Failure to provide advance notice of the need for
leave may be grounds for delaying the start of the leave.
A. Vacation Leave
1. Employees are entitled to accrue paid vacation leave under the following
schedule:
Length of Employment
Vacation Accrual Rates
Maximum Accumulation
Beginning of 1St month
6.67 hours per month
160 hours
through 2 years
Beginning of 3rd year
8 hours per month
192 hours
through 5 years
Beginning of 6th year
10 hours per month
240 hours
through 15 years
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Length of Employment
Vacation Accrual Rates
Maximum Accumulation
Beginning of 16th year and
8 additional hours per
Twice the annual accrual
more
year for each year of
not to exceed 320 hours
service up to a maximum
(i.e. 256, 272, 288, 304 or
of 160 hours per year
320 hours, as applicable)
2. After completion of the initial -hire probationary period, the employee will
be credited with vacation leave earned during the probationary period. The
employee shall be entitled to take such leave upon the completion of the initial -
hire probationary period or extension thereof. However, an initial -hire
probationary employee may utilize accrued vacation leave prior to the completion
of the probationary period with the written approval of the City Manager.
3. Vacation leave may be accumulated to a maximum of two years' worth of
accrued vacation leave. For specific amounts, see table above. Once an
employee reaches the maximum vacation leave which may be accumulated, the
employee shall cease to accrue any further vacation leave until the amount
accumulated falls below the maximum.
4. The scheduling of vacation leave must be approved in advance by the
employee's Department Head or the City Manager. Employees shall submit a
written request to schedule vacation leave to the employee's Department Head or
the City Manager within a reasonable amount of time prior to the desired date and
may be granted in accordance with the work force needs of the CITY.
5. Employees will have the option to be paid for vacation leave that exceeds
the maximum allowed by this MOU if a requested vacation leave is received and
denied by the employee's Department Head and the City Manager due to the
work force needs of the CITY, not less than thirty (30) days prior to exceeding the
maximum accrual.
6. Employees shall not be granted, and accordingly are not entitled to take,
vacation leave in advance of its accrual.
7. Upon termination or dismissal from employment, employees and
probationary employees shall be paid for accumulated vacation leave up to a
maximum amount which may be accumulated pursuant to this MOU.
8. Vacation leave may be used for medical appointments, pregnancy
disability leave and leave pursuant to the federal and California family and
medical leave statutes.
9. Employees shall be entitled to cash out up to eighty (80) hours of accrued
vacation leave per fiscal year provided that the employee maintains fifty percent
(50%) of their annual vacation accrual after any cash out and provided that they
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cash out 1 hour for every 2 hours actually used during the 12 months preceding
the cash out.
Employees may submit a request for vacation cash out every quarter. Vacation
cash out requests received during the first week of the month that ends the quarter
(March/June/September/December) shall be paid out on the last payday of the
month that ends the quarter (March/June/September/December) and in which the
request was received. Each request that is submitted within the specified time
frame shall be evaluated individually to ensure the employee meets the payout
eligibility criteria set forth herein. Eligible employees shall be paid for any
accumulated and unused vacation leave they have requested and to which they are
entitled on the last pay day of the month that ends the quarter. Said cash payment
shall be at the employee's then current rate of pay.
B. Sick Leave
1. Employees and probationary employees earn paid sick leave at the rate of
eight (8) hours for each full calendar month of continuous employment with the
CITY including time served in probationary status.
2. Probationary employees are eligible to use paid sick leave during their
probationary period.
3. Unused sick leave may be accumulated to a maximum of seven hundred
twenty (720) hours.
4. In order to receive paid sick leave, an employee or probationary employee
must speak with his/her supervisor at the earliest possible time, generally before
8:30 a.m. on the day that the leave will be used. Alternatively, an employee or
probationary employee must leave a voicemail with his/her supervisor and then
call his/her Department Head Such notice shall provide the fact and the reason
for the leave and duration of the leave. Failure to provide reasonable notice will
be cause for denial of sick leave with pay for the period of the absence. Written
verification of the cause of absence may be required by the Department Head or
City Manager.
5. Employees and probationary employees shall not be granted, and
accordingly are not entitled to take, paid sick leave in advance of its accrual.
6. Employees and probationary employees who use more than twenty-seven
(27) consecutive sick hours shall be required to furnish a physician's certificate
stating that the employee is able to safely return to work. A physician's
certification may be requested if a supervisor has reason to believe that sick leave
is being abused. Regardless of the length of the sick leave used, the supervisor has
the authority to determine if the employee is abusing the sick leave benefit.
7. Sick leave must be used in a minimum of fifteen (15) minute increments
just like the reporting of regular hours worked.
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8. Sick leave may be used for medical appointments, pregnancy disability
leave, leaves provided pursuant to the federal and California family and medical
leave statutes and to care for an employee's spouse, child(ren), parent(s) or
spouse's child(ren) or parent(s) due to illness.
9. Upon termination or dismissal from employment, employees and
probationary employees shall not be granted, and accordingly are not entitled to
be paid for accumulated sick leave.
C. Wellness Leave
Employees and probationary employees are eligible to earn four and one half (4 1/2) hours
of paid wellness leave for ten (10) consecutive weeks of perfect attendance without using
any sick leave time.
1. Prospectively, the ten (10) week period shall be calculated from June 2,
1991.
2. A maximum of nine (9) hours of wellness leave may be accumulated.
3. Upon termination or dismissal from employment, employees and
probationary employees shall not be granted, and accordingly are not entitled to
be paid for wellness leave.
4. Wellness leave may be used for pregnancy disability leave and leaves
provided under the federal and California family and medical leave statutes.
D. Bereavement Leave
Paid bereavement leave shall not be considered accrued leave which an employee or
probationary employee may use at his/her discretion, but is granted by reason of the death
of a member of the employee's or probationary employee's immediate family, consisting
of an employee's or probationary employee's spouse or registered domestic partner and
employee's or probationary employee's or their spouse's child, parent, sibling,
stepparent, stepchild and grandparent. An employee or probationary employee may take
a maximum of three (3) working days of bereavement leave each time a death occurs
within an employee's or probationary employee's immediate family. In order to receive
paid bereavement leave, the employee or probationary employee must notify his/her
Department Head or the City Manager at the earliest possible time, generally before 8:30
a.m. on the day that the leave is first requested. In the event the employee or
probationary employee must travel out of state in connection with the bereavement, the
employee or probationary employee shall be allowed two (2) additional working days of
bereavement leave for each incident.
E. Jury Duty
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1. Employees and probationary employees called for jury duty shall give the
Department Head or City Manager reasonable advance written notice of the
his/her obligation to serve.
2. Employees and probationary employees will be paid their regular wages,
less jury duty pay (other than mileage or subsistence allowances) or may elect to
forfeit the jury duty warrant to the CITY and receive full CITY wages.
3. Written evidence of jury duty attendance shall be presented to the
Personnel Officer.
4. Employees and probationary employees shall continue to report to work
on those days when excused from jury duty, and on which the employee or
probationary employee can work at least four (4) hours during his/her regular
workday.
F. Leave of Absence without Pay
The City Manager, after consultation with the employee's or probationary employee's
Department Head, may grant an employee or probationary employee leave of absence
without pay for a period not to exceed four (4) months in accordance with the work force
needs of the CITY. Additionally, the City Manager may apply such conditions as he/she
deems warranted in the best interest of the CITY. No such leave shall be granted except
upon written request of the employee or probationary employee. Leave under this section
shall only be granted to an employee or probationary employee under circumstances
where the employee or probationary employee is not otherwise eligible for pregnancy
disability leave or family and medical leave as provided under applicable law and
Sections 8 (Pregnancy Disability Leave) and 11 (Family and Medical Leave) of the
Personnel Rules. Approval shall be in writing and a copy filed with the Personnel
Officer.
1. A leave of absence without pay shall not be construed as a break in service
or employment, however, paid leave benefits, increases in salary, and other
similar benefits shall not accrue to a person granted such leave during the period
of absence. An employee shall stop accruing seniority after thirty (30) days on a
leave of absence without pay.
2. Use of a leave of absence without pay for a purpose other than that
requested may be cause for forfeiture of reinstatement rights. Failure on the part
of an employee or probationary employee on leave to report to work promptly at
its expiration may be cause for discharge.
3. An employee or probationary employee reinstated after a leave of absence
without pay shall receive that same pay rate in the salary range that he/she
received when the leave of absence began. Time spent on such leave without pay
shall not count towards service for increases within the salary range, and the
employee's or probationary employee's evaluation date shall be set forward one
(1) month for each thirty (3 0) consecutive days taken.
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4. The CITY shall maintain group health insurance coverage for an employee
or probationary employee (including dependent coverage) while the employee or
probationary employee is taking a medical leave of absence under this section at
the level and under the conditions coverage would have been provided by the
CITY if the employee or probationary employee had not taken such leave. In the
event an employee or probationary employee does not return to work following
the leave, the CITY reserves the right to recover the premiums or other sums the
CITY paid for group health insurance coverage during the period of the leave.
5. The employee or probationary employee is responsible to pay the entire
cost of all applicable health and life insurance premiums and other insurance
premiums (such as long term disability and accidental death and dismemberment)
during a non-medical leave of absence without pay that exceeds thirty (30) days.
In addition, in advance of taking the leave, the employee or probationary
employee must make written arrangements with the Finance Department to pay
for the costs of such coverage. Premiums shall be paid within the time specified
by the CITY or as otherwise required by the applicable insurance or benefit
program.
6. If the leave of absence without pay was for medical reasons, prior to
resuming regular duties, an employee or probationary employee shall furnish the
Personnel Officer a physician's certificate stating that the employee is able to
return to work.
G. Military Leave
Military leave and military spouse leave shall be granted in accordance with applicable
federal and California law.
H. Paid Holiday Leave
1. Subject to the restrictions described below, nonexempt employees and
nonexempt probationary (new -hire, transfer and promotional) employees shall
receive paid leave at his/her straight hourly rate for the following designated
CITY holidays:
a) The last Monday in May;
b) July 4th;
C) The first Monday in September
d) The fourth Thursday in November
e) The day after the fourth Thursday in November
f) The period between and including December 24 and January 1
(Saturdays and Sundays or other non -work days excepted); and
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g) One day as a floating holiday, which shall be designated yearly by
the City Manager.
2. Exempt employees and exempt probationary employees shall receive paid
leave for the designated CITY holidays outlined above. At his/her discretion, the
City Manager may grant extra compensation or in lieu time off to exempt
employees and exempt probationary employees who are required to work on a
holiday.
3. If July 4th falls upon a Saturday, the Friday before is the observed holiday,
and if the date falls upon a Sunday, the Monday following is the observed
holiday.
4. In order to be eligible for holiday pay, an employee or probationary
employee must work the last scheduled workday before and the first scheduled
workday after the holiday unless the employee or probationary employee is taking
approved paid leave.
5. If a holiday falls during an employee's or probationary employee's
approved vacation leave period, the employee or probationary employee shall be
paid for the holiday and shall not be charged with a vacation day for the day the
holiday is observed.
6. If a holiday falls during an employee's or probationary employee's
approved sick leave period, the employee or probationary employee will be paid
for the holiday and will not be charged with a sick day for the day the holiday is
observed.
7. Employees and probationary employees on non -paid leave of absence for
any reason are ineligible for holiday benefits for holidays that are observed during
the period they are on a non -paid leave of absence.
8. Regardless of the number of hours worked during the work week,
nonexempt employees and nonexempt probationary employees who work on a
designated CITY holiday shall be paid their regular hourly rate and one and one
half (1'/2) times their regular hourly rate of pay for all hours worked on the
holiday or receive credit for the equivalent number of hours worked of
compensatory time off at one and one half (1 t/2) hours of compensatory time off
for all hours worked on the holiday.
9. Upon termination or dismissal from employment, employees and
probationary employees shall not be granted, and accordingly are not entitled to
be paid for a floating holiday.
I. Family and Medical Leave
Family and medical leave will be granted in accordance with the CITY's Family and
Medical Leave Policy and applicable law.
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J. Catastrophic Leave
Employees in the unit shall be permitted to donate accrued vacation or compensatory
time off to other members of the bargaining unit who have exhausted all paid leaves, who
have been granted an unpaid leave and who need to continue to be absent from work
because of a catastrophic injury or illness. The value of the leave will be determined
based on the donating employee's compensation. It will then be converted to vacation
hours for the donee's use based on the donee's rate of pay. For example, if an employee
who earns $40 per hour donated 10 hours of vacation to an employee who earns $30 per
hour, the donee would receive $400 divided by $30 or 13.333 hours of vacation.
K. Other Leaves
The City Manager shall grant such other leaves as are required by law. Except as
otherwise provided by law or by circumstances beyond the employee's control,
employees shall request such leave and obtain approval in advance. All such leaves shall
be unpaid, unless otherwise required by law or this MOU, but employees may use
otherwise applicable paid -leave benefits to remain in paid status.
XI. Layoff
Whenever in the judgment of the City Council it becomes necessary in the interest of
economy, because the necessity for a position no longer exists or other legitimate
purpose, the City Council may abolish any position in the competitive service; and the
employee or probationary employee holding such position or employment may be laid off
without taking disciplinary action and without the right of appeal. Except as otherwise
determined by the City Council, the City Manager, when it becomes necessary in the
interest of economy, because the necessity for a position no longer exists or for other
legitimate purpose, may abolish any position or employment in the Competitive Service
and may lay off an employee holding such position or employment without taking
disciplinary action and without right of appeal.
A. The order of the layoff of employees and/or probationary employees shall be
established by seniority in the employee's classification.
B. Employees or probationary employees to be laid off shall be given at least ten
(10) working days prior notice, equivalent pay if laid off immediately, or a combination
of notice and pay totaling ten (10) working days if laid off with less than ten (10)
working days notice.
C. An employee, promotional probationary employee, or transfer probationary
employee who is subject to layoff may request a reduction to a lower job classification
within the same occupational series in the layoff unit provided the employee, promotional
probationary employee or transfer probationary employee possesses seniority, an
acceptable performance and attendance record, and has the ability to perform the
remaining work available without further training. The reduction shall be made only in
cases where there is a vacant position in the layoff unit.
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1. The names of employees and probationary employees laid off or demoted
in lieu of layoff shall be placed on re-employment lists for those job
classifications requiring basically the same qualifications, duties and
responsibilities of the class from which the layoff or demotion in lieu of layoff
was made.
D. Re -Employment List
Names of persons laid off or demoted in lieu of layoff in accordance with these
procedures may be carried on a re-employment list(s), prepared and maintained by the
Personnel Officer, for a period of six (6) months, unless extended by the City Manager at
his/her sole discretion.
1. Persons who refuse re-employment shall be removed from the list.
2. Persons who are appointed to permanent positions of the same level,
whether in the CITY or another agency, as that which was demoted or laid off
shall be removed from the list.
3. Persons who fail to respond to a notice of re-employment mailed to the
last known address within ten (10) working days from the date in which the notice
was mailed shall be removed from the list.
XII. Schedules, Hours, Attendance and Breaks
A. Work Schedule
The work schedule at CITY Hall is a 9/80 schedule. Employees work a 9 -hour day, 7:30
AM to 5:30 PM, Monday through Thursday. Staff is divided into two teams, the "A"
Team and the "B" Team, which alternate working every other Friday. For employees
who work the 9/80 work schedule, their workweek shall begin exactly four hours after
their start time on the day of the week which is their alternating regular day off (typically
Friday). During their Fridays "on," employees work an 8 -hour day, from 7:30 AM to
4:30 PM. CITY Hall offices remain open with at least one person in each department on
duty to answer questions and to receive visitors. It is up to each Department Head to
decide how best to divide his or her staff so that sufficient staff coverage is available on
Fridays.
When a team's Friday "off' falls on a CITY Holiday, that team takes the prior work day
off instead. For example, if Christmas Eve falls on a Friday, the team that would have
had that Friday off takes the Thursday off instead. At the beginning of each calendar
year, the "A" and `B" Teams alternate which one takes the first Friday of the year off
following the return to work from the CITY's Winter Holiday Break. Employees are
generally not allowed to switch Fridays, however, the Department Head may grant
permission to do so, but only if to do so would not cause the employee to earn overtime
as a result of the switch, if circumstances warrant and the staffing needs of the
Department can still be met. An employee's supervisor and/or Department Head shall set
the hourly work schedule and work day for that employee. In the absence of other
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arrangements, working hours are 7:30 AM to 5:30 PM, Monday through Thursday and
7:30 AM to 4:30 PM every other Friday, with one hour for lunch.
1. Lunch. Lunch periods for office employees should be scheduled between
11:00 AM and 2:00 PM and are generally expected to be limited to one hour,
except when CITY business is conducted during that time period. Department
Heads have the responsibility for scheduling lunch periods for their employees.
2. Breaks. The CITY allows every employee to take two 15 minutes break
periods per day. Breaks for office employees are not to be taken outside the Civic
Center area without permission of the Department Head. In addition, eating food
in the public areas is generally not accepted. Employees in the field may suit the
time of work break to the situation at hand, recognizing that they are CITY
representatives in all daily activities. Scheduling of breaks will be at the
discretion of the Department Head.
B. Attendance
Failure of an employee, who is absent without leave, to return to work within 24 hours of
notice to return, or failure to request leave of absence within the same period, shall be
cause of disciplinary action, which may lead to discharge. Employees who leave during
work hours without first notifying and receiving prior approval from their supervisor or
Department Head of their whereabouts are subject to appropriate disciplinary action.
In addition, an employee or probationary employee who is absent from work voluntarily
or involuntarily for more than nine (9) hours without written authorization and who does
not present a written explanation acceptable to the City Manager as to the cause of the
employee's absence, shall be considered as having voluntarily resigned from the CITY
employment as of the last day worked.
XIII. Grievance Procedures
A. Purpose of Grievance Procedure
The grievance procedure shall be used to resolve employee or probationary
employee complaints concerning the express terms and condition of employment
with the CITY. Except for oral warnings and written reprimands, the grievance
procedure shall not be used for resolving any complaint concerning disciplinary
action.
Except as otherwise provided in this MOU, the grievance procedure may be
utilized to resolve alleged:
(1) Improper application of rules, regulations and procedures;
(2) Unfair treatment, including coercion, restraint and reprisal;
(3) Improper procedures utilized in employee layoff,
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(4) Discrimination because of race, color, religion, creed, sex, sexual
orientation, pregnancy, national origin, ancestry, age (40 and over),
marital status, disability, alienage, citizenship status or medical
condition (cancer -related); or because of any other statutorily or
constitutionally impermissible basis.
(5) Any manner affecting an employee's or probationary employee's:
a. Work schedule;
b. Fringe benefits;
c. Holidays;
d. Vacation;
e. Sick Leave;
f. Retirement;
(6) Any alleged violation of this MOU.
(7) Any other matter regarding the terms and conditions of employment.
B. Informal Discussion of Grievance
1. When an employee or probationary employee has a grievance, the
employee or probationary employee shall first informally discuss the matter with
the employee's or probationary employee's immediate supervisor within five (5)
working days from the date of the incident or decision generating the grievance.
If, after a discussion with the immediate supervisor, the grievance has not been
satisfactorily resolved, the employee or probationary employee shall have the
right to informally discuss the grievance with the supervisor's immediate
superior. The informal discussion with the supervisor's immediate superior shall
occur within ten (10) working days from the date of the incident or decision
generating the grievance. If, after such a discussion, the grievance has not been
satisfactorily resolved, the employee or probationary employee shall have the
right to file a formal grievance.
2. If an employee's or probationary employee's grievance is with his/her
immediate supervisor or the supervisor's immediate superior, and such employee
or probationary employee reasonably believes that such grievance will not be
resolved at that level, he/she may proceed to the next step of the grievance
procedure.
C. Formal Grievance Procedure
The formal grievance procedure shall be used to resolve an employee's or probationary
employee's grievance not satisfactorily resolved by informal discussion or otherwise
allowed by this Rule.
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1. An employee or probationary employee shall have the right to present a
formal grievance in writing to the City Manager within fifteen (15) working days
from the date of the incident or decision generating the grievance. All formal
grievances shall state the reasons for the complaint and the employee's suggested
solution.
2. A formal grievance shall be timely presented to the City Manager. When
the employee or probationary employee presents a formal grievance to the City
Manager, the City Manager shall discuss the grievance with the employee or
probationary employee. Within fifteen (15) working days after receipt of the
formal grievance, the City Manager shall render a written decision. The decision
of the City Manager shall resolve the grievance and no further review of the
subject matter of the grievance shall be permitted.
D. General Procedures
1. The employee or probationary employee and the CITY have the right to
representation at any step in the grievance process.
2. Any grievance not filed or taken to the next step by the employee or
probationary employee within the specified time limits shall be deemed settled on
the basis of the last decision, and not subject to further reconsideration. By
mutual agreement and for good cause, reasonable extensions of time may be
given in writing to the employee or probationary employee by the City Manager
at any step in the grievance procedure.
3. An employee or probationary employee who has filed a grievance shall
suffer no discrimination for filing the grievance.
XII. Discipline Procedures
A. Cause for Discipline
Each of the following constitutes cause for discipline of any employee. It is the intent of
these procedures to include as a cause for discipline any action or non -action by an
employee which impedes or disrupts the performance of the CITY and its organizational
component units, is detrimental to employees or public safety, violates properly
established rules and procedures or adversely affects the reputation of the CITY, its
officers or employees. Examples of causes for discipline include, but are not limited to:
1. Any violation of any written rule or regulation promulgated by CITY
related to conduct or performance.
2. Fraud in securing appointment.
3. Incompetence.
4. Inefficiency.
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5. Neglect of duty.
6. Dishonesty.
7. Violation of any law relating to conflicts of interest, whether contractual
or financial.
8. Use, possession, purchase, sale, manufacture, distribution, transportation
or dispensation of controlled substances or alcohol while on duty or on CITY
premises, except for the use of prescribed controlled substances (1) as directed by
the licensed health care provider prescribing controlled substances and in
accordance with the manufacturer's directions, and (2) in a manner not otherwise
in violation of these procedures.
9. The use of any substance, controlled or purchased over-the-counter, which
impairs the employee's performance of his/her duties.
10. Unexcused absences.
11. Conviction of a felony or conviction of a misdemeanor involving moral
turpitude, including but expressly not limited to, any conviction for any offense
set forth in the City of Rancho Palos Verdes Policy for conducting Criminal
Background Checks and Securing Received Criminal History Information. A
plea or verdict of guilty or nolo contendere to a charge of a felony or any offense
involving moral turpitude is deemed to be a conviction within the meaning of this
section.
12. Defrauding the CITY by making a false claim for compensation, benefits
or reimbursements.
13. Making a false Workers' Compensation Claim against the CITY.
14. Improper political activity which prevents the employee or other
employees from the efficient performance of employment with the CITY, or
which has a disruptive effect on the efficiency or integrity of the CITY service of
the department in which such employee is employed.
15. Failure or refusal to cooperate with supervisory personnel or other
employees.
16. Misuse or misappropriation of CITY property or funds.
17. Gambling for money or articles of value on CITY property or during
working hours.
18. Tardiness.
19. Abuse of sick leave privileges.
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20. Excessive absenteeism, which impairs the CITY's ability to provide
services or function effectively or efficiently.
21. Refusal to take and subscribe any oath or affirmation which is required by
law in connection with his/her employment.
22. Refusing to report on official call of emergency.
23. Violation of departmental rules and regulations.
24. Intentionally misrepresenting information or facts in any statement,
declaration or affidavit duly required of an employee.
25. Failure or refusal to carry out a lawful order or directive of a supervisor.
26. Asking, receiving or agreeing to receive any bribe, gratuity or reward of
any kind upon any understanding that any employee's action shall be influenced
thereby, or shall be given in any particular manner, or upon any particular
question or matter upon which any employee may be required to act in the
employee's capacity; or attempting by menace, deceit, suppression of truth, or any
corrupt means to influence any employee to commit any act, conduct or omission
which is clearly inconsistent, incompatible, in conflict with, or inimical to the best
interests of the CITY.
27. Failure to observe or comply with safe working standards, to endanger, to
injure, or to damage public property or the private property of any employee or
member of the public through negligent, improper or careless conduct or use of
equipment; or to permit such actions on the part of any employee under his/her
supervision or control.
28. Conduct disrespectful to the public, elected and appointed CITY officials,
supervisors, superiors, Department Heads, City Manager, Deputy City Manager
or members of CITY boards and commissions.
29. Failure to report any criminal conviction and/or arrest pending final
adjudication as required by the City of Rancho Palos Verdes Policy for
Conducting Criminal Background Checks and Securing Received Criminal
History Information.
In the event that the CITY imposes disciplinary action for cause, including but not
limited to any of the above acts or omissions, the employee shall have the right to contest
or seek review of the disciplinary action or the basis thereof, in accordance with
procedures set forth in this MOU.
B. Types of Disciplinary Action
Disciplinary actions include reprimands, suspensions, demotions, reductions in pay and
dismissal, as defined below:
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30. Verbal Reprimand. An oral warning that may be given to the employee in
the event that a deficiency in performance or conduct is not of sufficient
magnitude to warrant a more formal disciplinary action. A written record may be
made of such conferences and placed in the employee's personnel file with a copy
provided to the employee. Verbal reprimands are not subject to appeal.
However, the employee has the right to place in his/her personnel file a written
response or rebuttal to any written record of verbal reprimand, provided that such
response or rebuttal is submitted for inclusion in the file within thirty (30) days of
the employee's receipt of the written record.
31. Written Reprimand. A written statement relating to an action or omission
which meets any of the grounds for disciplinary action listed in these procedures,
indicating that there is cause for dissatisfaction with the employee's services and
that further disciplinary measures may be taken if the cause is not corrected. The
written statement shall be placed in the employee's personnel file, with a copy
provided to the employee. Written reprimands are not subject to appeal.
However, the employee has the right to place in his/her personnel file a written
response or rebuttal to any written statement, provided that such response or
rebuttal is submitted for inclusion in the personnel file within thirty (30) days of
the employee's receipt of the written statement.
32. Suspension. The temporary separation of the employee from CITY
service without pay for disciplinary purposes for a period not to exceed thirty (30)
days per occurrence.
33. Demotion. A change in employment status from one position to another
having a lower rate of pay and/or change in duties which are allocated to a class
having a lower maximum rate of pay for disciplinary reasons. The disciplinary
demotion may be temporary or permanent.
34. Reduction in Pay. A change in the salary of an employee to a lower rate
within the same salary range for disciplinary reasons.
35. Dismissal. The discharge of the employee from CITY service for
disciplinary reasons. Discharge and dismissal are used interchangeably in these
procedures.
C. Disciplinary Procedures
1 When an employee is to be suspended, demoted, reduced in pay or
dismissed, a preliminary written notification shall be provided to the employee.
The written notice shall include:
a) The charges against the employee and reasons for the proposed
disciplinary action to be taken;
b) The proposed disciplinary action to be taken;
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C) Copies of the charges and materials on which the proposed action
is based; and,
d) A statement advising the employee that, before any proposed
disciplinary action takes effect, the employee or his/her representative has
the right to respond orally or in writing within five (5) working days from
the employee's receipt of the written notice. If the employee chooses to
respond orally, a meeting (i.e., a Skelly meeting) will be scheduled to
allow the employee to present his/her response to the proposed discipline.
36. Within ten (10) working days after the employee has had the opportunity
to respond, the employee shall be notified in writing of any disciplinary action to
be taken and the effective date of such disciplinary action.
D. Appeal of Disciplinary Action
1 An employee who has been suspended, demoted, reduced in pay or
dismissed for disciplinary reasons may appeal the disciplinary action.
2 In order to appeal the disciplinary action, the employee must file a written
notice of appeal with the City Manager for a hearing within ten (10) working days
after having been furnished with a copy of the notice of disciplinary action.
E. Time of Hearing
The hearing on the employee's appeal shall be conducted within ninety (90) days after
the employee's filing of the written notice of appeal with the City Manager. The time
limit may be extended by the City Manager for good cause and by agreement of the
employee and the City Manager.
F. Hearing Procedure
The following procedure shall govern hearings on appeals of disciplinary action:
1. The City Manager may conduct the hearing or the City Manager may
designate any third party to conduct the hearing. If the City Manager files the
written statement to discipline an employee who works directly for the City
Manager, the Deputy City Manager may conduct the hearing or the Deputy City
Manager may designate any third party to conduct the hearing.
2. Hearings shall be conducted in the manner most conducive to
determination of the truth, and the City Manager shall not be bound by technical
rules of evidence. Decisions made shall not be invalidated by informality in the
proceedings.
3. The City Manager shall make arrangements to have the hearing
transcribed or recorded to preserve the proceedings and testimony. The employee
may obtain a copy of the transcript or recording upon written request.
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4. The City Manager shall determine the relevancy, weight and credibility of
all testimony and evidence.
5. The City Manager shall base his/her findings and decision on the
preponderance of the evidence presented.
6. The Department Head shall have the burden of proof. Each side will be
permitted an opening statement and closing argument. The Department Head
shall first present its witnesses and evidence to support the charges and
disciplinary action. The employee shall then present his/her witnesses in defense.
The Department Head may thereafter present witnesses and evidence in rebuttal.
7. Each side will be allowed to examine and cross-examine witnesses. All
witnesses shall testify under oath. The City Manager may question any witness.
8. Both the Department Head and the employee may be represented by a
designee or by legal counsel. The City Manager may obtain the legal advice of
the City Attorney in performing the function of the hearing officer.
9. The City Manager shall, if requested by either side, subpoena witnesses
and/or require the production of documents or other material evidence.
10. The City Manager may, during a hearing, grant a continuance for any
reason believed to be important to the reaching of a fair and proper decision.
11. Within thirty (30) days after the conclusion of the hearing, the City
Manager shall prepare and serve on both sides a written decision setting forth the
charges found to be sustained, and the reasons therefore, and the propriety of the
disciplinary action imposed. The City Manager may sustain, reject or modify the
disciplinary action imposed. If the City Manager rejects or modifies the
disciplinary action imposed, all or part of any loss of the employee's full
compensation may be ordered restored.
G. Finality of City Manager's Decision
The decision of the City Manager shall be final and conclusive.
H. Judicial Review
Any legal action to challenge any decision of the City Manager must be filed in a court of
competent jurisdiction no later than ninety (90) days following the date the City
Manager's written decision becomes final as provided in California Code of Civil
Procedure Section 1094.6.
XIV. Miscellaneous Procedures
A. Transfers
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Transfers are permitted, subject to written consent of the Department Heads involved and
the City Manager. Such changes are authorized only from one (1) position to another in
the same class or to a position in another class having the same maximum salary limit and
involving the performance of similar duties and requiring substantially the same
qualifications.
B. Reclassification
The duties of positions that have changed materially may be allocated to a more
appropriate class by the City Manager. An incumbent meeting the new qualifications of
the reclassified position shall move with the position.
C. Reinstatement
With the written approval of the City Manager, a former employee or probationary
employee may be reinstated (1) to his/her former position, if vacant; or, (2) to a vacant
position in the same comparable class; provided that the employee or probationary
employee left the CITY's employ less than one (1) year prior to seeking reinstatement.
The City Manager may require that a reinstated employee or probationary employee
serve an initial -hire probationary period.
D. Dress
Dress should be appropriate for the position held and tasks to be completed. If a uniform
is required, it should be well maintained and work correctly. "Friday" dress may be
casual as long as clean and neat -appearing and responsive to the employee's daily
schedule of business contacts.
XVI. Administrative Instructions and Departmental Policies and Procedures:
A. Administrative Instructions: Without limiting the application of other
Administrative Instructions, unless otherwise inconsistent with this MOU or the law, all
employees are subject to the Employee Handbook dated February 2004 and
Administrative Instructions 2-02 (Office Procedure), 2-03 (Workers' Compensation
Claims Procedures), 2-05 (Attendance), 2-09 (Gifts), 2-11 (Tuition Reimbursement
Program), 2-12 (Outside Employment), 2-13 (Pets), 2-14 (Bulletin Boards), 7-01 (Safety
Program), 8-01 (Use of City Vehicles), 8-02 (Use of Employee Vehicle for City
Business), 8-05 (Computer Network Use), 8-07 (Electronic Mail and Internet Use) to the
extent such instructions are not inconsistent with this MOU. Copies of the current
Employee Handbook dated February 2004 and the current Administrative Instructions are
available in the Administrative Instruction Manual and from the Human Resources
Office.
B. Departmental Policies and Procedures: Where a department or work group has
adopted employment and workplace policies, procedures or other instructions, employees
within that group are subject to those policies, procedures and instructions. This
includes, but is not limited to Department of Planning, Building and Code Enforcement
Department Procedures Manual.
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XVII. Written Notice
Any written notice required to be given by the provisions of this MOU, unless herein
otherwise specifically provided, may be given either by personal service or by mail. In
the case of service by mail, the notice must be deposited in the United States mail, in a
sealed envelope, with postage prepaid; addressed to the person on whom it is to be
served; at the address in any notice given by him/her of his/her last known address, and,
if there be no last known address, then addressed to him/her at the CITY (if still
associated with the CITY in some capacity). Service by mail shall be deemed complete
at the time of the deposit in the mail.
XVIII. Outside Employment
Employees and probationary employees shall be allowed to engage in employment other
than their job with the CITY, with the understanding that CITY employment is the
highest priority and such employment does not interfere with the performance of assigned
duties and does not constitute a conflict of interest. The employee or probationary
employee must notify the City Manager in writing regarding their outside employment.
XIX. Agency Shop
The Agency Shop Agreement between the CITY and RPVEA is attached as Exhibit "C"
and applies to all unit members as provided in its terms.
XX. Severability
If any provisions of this MOU are declared to be illegal or unenforceable by a court of
competent jurisdiction, the remaining provisions of the MOU will continue in full force
and effect.
XXI. Job Description
Class Specifications: The classification plan shall consist of job specifications, which
shall set forth a descriptive title, typical duties and responsibilities, essential functions of
the position, and the training, experience, and other qualifications necessary or desirable
for the effective performance of each position within a classification.
XXII. Internet Use and Electronic Mail
Employees are allowed to use CITY computers for legal Internet and electronic mail
access. However, personal use is to be kept to a minimum. No employee is allowed to
download information from an unknown source. The CITY reserves the right to review
any and all information contained on all CITY computers and no personal privacy is
granted or guaranteed. Employees have no expectation of privacy in information
contained in CITY computers. Any illegal use of the Internet on any CITY computer
may result in disciplinary action, which may include termination.
35 Resolution No. 2017-39
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XXIII. Reopeners
The parties shall reopen any provision of this MOU for the purpose of complying with
any final order of a federal or state agency or court of competent jurisdiction requiring a
modification or change in any provision or provisions of this MOU in order to comply
with state or federal laws. The parties also agree to reopen the contract for the purpose of
the following:
1. Drafting, ratifying, adopting and implementing an Employer -Employee
Relations Resolution for the City;
2. Updating the City's Personnel Rules and adding to the Definition of
Terms for clarity;
3. Merging Competitive Personnel Rules with Management Personnel Rules
in a single document;
4. Addressing the Maintenance Superintendent outstanding work schedule,
call back and emergency call-in issues.
36 Resolution No. 2017-39
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SIGNATURE PAGE
RPVEA MOU 2017-2020
June 20, 2017
City of Rancho Palos Verdes
Doug Willmore — City Manager
Colin J. Tanner —Chief Negotiator
Away.-Ad.�\_ .
Deborah Cullen — Director of Finance
Mary O. Bradley — HR Manager
Rancho Palos Verdes Employee
Association
joi
Matt Waters - President
,6�w_,z
Kit Fox — Bo Member
Mike Gibson - Board Member
i�� �elr_�n
Robert Nemeth — Board Member
Resolution No. 2017-39
Exhibit A
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RPVEA / CITY
MEMORANDUM OF UNDERSTANDING
INDEX
Topic Page #
Accidental Death Insurance
13
Acting Pay
7
Administrative Instructions
34
Agency Shop
31
Attendance
26
Bereavement Leave
20
Callout Pay
9
COLA
4
Compensation — Regular
4
Compensatory Time
11
Deferred Compensation
14
Definition of Terms
I
Disciplinary Action
31
Disciplinary Appeal Process
32
Disciplinary Procedure
31
Discipline — Types of
31
Dress
34
Employee Assistance Program
12
Employee Expenses - Mileage/Parking
15
Family Medical Leave
23
Fringe Benefits
11
Grievance Procedure
26
Health Insurance
10
Holiday Leave - Paid
20
Incentive Pay Program
15
Internet Use & Electronic Mail
36
Job Descriptions
35
Jury Duty
20
Leaves — General Provisions
17
Layoff Process
24
Leave of Absence without Pay
21
Life Insurance
12
Long -Term Disability
13
Management Rights
4
Meals & Rest Breaks
25
Merit Advancement
6
Military Leave
22
Other Leaves
24
01203.0021/275925.5 Resolution No. 2017-39
Exhibit A
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Topic Page #
Outside Employment
35
Overtime Compensation
10
Performance Evaluations
5
Probationary Period
16
Probationary Period — Duration
16
Probationary Period — Rejection
17
Probationary Period — Termination
16
Promotional Advancement
6
Reclassification
34
Re -Employment List
25
Regular Appointment Following Probation
16
Reinstatement
34
Retirement Health Savings Account
12
Retirement Plans - Ca1PERS
13
Section 125 Flexible Benefit Plan
12
Severability Clause
35
Short Term Disability Plan
13
Sick Leave
19
Standby Pay
7
Term of Agreement
1
Top of Range
7
Transfer
34
Tuition Reimbursement
14
Unemployment Insurance
15
Vacation Leave
17
Wellness Leave
20
Workers' Compensation
15
Work Schedule - Overtime Compensation
10
Work Schedule
25
Written Notice
35
Resolution No. 2017-39
01203.0021/275925.5 Exhibit A
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