CC SR 20231114 O - AFSCME MOU - First Amendment
CITY COUNCIL MEETING DATE: 11/14/2023
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to sign a First Amendment to the City’s Memorandum
of Understanding with the American Federation of State, County and Municipal
Employees District Council 36 (AFSCME DC36).
RECOMMENDED COUNCIL ACTION:
1) Approve Resolution No. 2023-__ accepting, approving, adopting, and thereby
authorizing the City Manager to sign a First Amendment to the City’s Memorandum
of Understanding (MOU) with the American Federation of State, County and
Municipal Employees District Council 36 (AFSCME DC36) for the period July 1,
2023 through June 30, 2025 to increase the City’s contribution to eligible employee
health savings accounts for the 2024 plan year.
FISCAL IMPACT: Based on the current employee data for AFSCME, there is no
increase in health savings account for the 2024 plan year. If a
qualifying event occurs during the fiscal year, the funding required
ranging from $4,150 to $8,300 per eligible employee will come from
the allocated budget for health savings contributions.
Amount Budgeted: $257,100
Additional Appropriation: None
Account Number(s): 101-400-XXXX-4206
(General Fund – various HSA contribution accounts) VR
ORIGINATED BY: Eileen Jacinto, Human Resources Analyst
REVIEWED BY: Same as below
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Resolution No. 2023-__ approving, adopting and implementing a First Amendment
to the City’s MOU with AFSCME DC36 for the period between July 1, 2022 through
June 30, 2025 (page A-1)
B. First Amendment to the MOU with AFSCME DC36 for the period between July 1,
2023 through June 30, 2025 (page B-1)
C. RPVEA 2022-2025 MOU First Amendment (Attachment C)
D. MOU with AFSCME DC36 for the period between July 1, 2023 through June 30,
2025 (page C-1)
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E. October 17, 2023 staff report
BACKGROUND AND DISCUSSION:
On October 17, 2023, the City Council approved increasing the City’s HSA contribution
amount from $3,850 for individuals and $7,750 for family plans to $4,150 for individuals
and $8,300 for families for the 2024 High Deductible Preferred Provider Organization and
Health Savings Account (PPO+HSA) medical plan, which complies with the limits set by
the Internal Revenue Service (IRS). This authorized eligible members of the Rancho
Palos Verdes Employees Association (RPVEA) and unrepresented employees to elect
the high deductible PPO+HSA medical plan.
At that time, the City was meeting and conferring with AFSCME DC36, representing
certain part-time City classifications, regarding this benefit increase that currently applies
to one employee. To avoid delay in implementation of the 2024 High Deductible
PPO+HSA medical plan, the City Council approved Resolution No. 2023-49 (Attachment
B) approving this benefit to the one eligible employee but was subject to completion of
those discussions before the increased City contribution amounts will be available to the
AFSCME represented part-time employee.
On October 20, 2023, the City received notification from the AFSCME DC36 board
indicating that it agreed to this benefit increase that currently applies to one employee.
As a result, Staff recommends the City Council approve, adopt, and implement, and
thereby authorize the City Manager to sign a First Amendment to the City’s Memorandum
of Understanding with AFSCME DC36 for the period July 1, 2023 through June 30, 2025
to increase the City’s contribution to eligible employee health savings accounts.
ADDITIONAL INFORMATION:
RPVEA
The City’s labor representatives offered to meet and confer with RPVEA regarding
increasing the City’s contribution to eligible employee health savings accounts pursuant
to the requirements of the Meyers-Milias-Brown Act (MMBA). On October 5, 2023,
RPVEA’s board advised that it did not need to meet and confer and had no objection to
the City’s proposal. An MOU Amendment was then circulated for execution to confirm this
tentative agreement, subject to City Council approval authorizing the City Manager to sign
the Amendment to the MOU.
On October 17, 2023, the City Council approved, adopted and implemented the First
Amendment to the City’s MOU with the RPVEA for the period July 1, 2022 through June
30, 2025 thereby increasing the City’s contribution to eligible employee health savings
(Attachment C).
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CONCLUSION:
Staff recommends the City Council authorize approving, adopting, and implementing, and
thereby authorizing the City Manager to sign a First Amendment to the City’s MOU with
AFSCME DC36 for the period July 1, 2023 through June 30, 2025 , increasing the City’s
contribution to eligible employee health savings accounts for the 2024 plan year.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Do not approve the First Amendment.
2. Take other action, as deemed appropriate.
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RESOLUTION NO. 2023-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, CALIFORNIA,
ACCEPTING, APPROVING, ADOPTING, AND THEREBY
AUTHORIZING THE CITY MANAGER TO SIGN A FIRST
AMENDMENT TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF RANCHO
PALOS VERDES AND THE AMERICAN FEDERATION
OF STATE, COUNTY AND MUNICIPAL EMPLOYEES
DISTRICT COUNCIL 36 FOR THE PERIOD JULY 1, 2023
THROUGH JUNE 30, 2025 TO INCREASE THE CITY’S
CONTRIBUTION TO REPRESENTED, ELIGIBLE
EMPLOYEE HEALTH SAVINGS ACCOUNTS FOR THE
2024 PLAN YEAR.
WHEREAS, Section 36506 of the California Government Code requires that a
city council fix the compensation of all appointive officers and employees by resolution
or ordinance; and
WHEREAS, the City of Rancho Palos Verdes (“City”) continues to recognize the
American Federation of State, County and Municipal Employees District Council 36
(“AFSCME DC36”) as the exclusive employee organization for those City employees in
the bargaining unit defined as part-time (excluding temporary and internship positions)
in the classifications listed in Exhibit “A” to the Memorandum of Understanding between
the City and AFSCME DC36 covering the period of June 1, 2023 through June 30, 2025
(“AFSCME DC36 MOU 2023-25”) adopted on September 19, 2023 by City Council
Resolution No. 2023-044, a copy of which is attached thereto as Exhibit “1”; and
WHEREAS, pursuant to the provisions of the Meyers-Milias-Brown Act
(Government Code § 3500 et seq.), the City’s labor representatives and AFSCME
DC36 have met and conferred and reached a tentative agreement for a First
Amendment to the AFSCME DC36 MOU 2023-25 regarding increasing the City’s
contributions to employee Health Savings Accounts for eligible individual employees
and employee family plans provided under the AFSCME DC36 MOU 2023-25 to further
incentivize employees to remain in or join the City’s high deductible medical plan, in
return keeping premium insurance costs lower for the City; and
WHEREAS, the City Council has determined that it desires to further incentivize
employees to remain in or join the City’s high deductible medical plan by matching the
IRS increases to the contribution amounts for such HSA plans for calendar year 2024;
and
WHEREAS, the City Council and ASFCME DC36 desire to amend the current
AFSCME DC36 MOU 2023-25 by accepting, adopting and implementing the attached
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Resolution No. 2023-__
Page 2 of 2
First Amendment to the AFSCME DC36 MOU 2023-25 to reflect the aforementioned
changes.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The recitals set forth above are true and correct and incorporated
herein by this reference.
Section 2: The City Council accepts, approves, and adopts, and thereby
authorizes the City Manager to sign the attached First Amendment to the AFSCME
DC36 MOU 2023-25 provided here with Exhibit “2” thereby increasing the City’s Health
Savings Account contribution for individual employees and employee family plans
starting calendar year 2024.
Section 3: The City Clerk shall certify the adoption of this resolution and deem it
effective as of November 14, 2023; the same shall be in force and effect.
PASSED, APPROVED and ADOPTED this 14th day of November 2023.
_________________________________
John Cruikshank, Mayor Pro Tem
ATTEST:
____________________________
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, TERESA TAKAOKA, City Clerk of the City of Rancho Palos Verdes, hereby certify that
the above Resolution No. 2023-__ was duly and regularly passed and adopted by the
said City Council at a regular meeting thereof held on November 14, 2023.
__________________________________
Teresa Takaoka, City Clerk
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Resolution No. 2023-__ Exhibit A
City-Wide Salary and Hourly Compensation Schedule for the
Competitive, Confidential, Management and Part-Time Positions
(Effective September 23, 2023)
COMPETITIVE POSITIONS BOTTOM TO TOP BOTTOM TO TOP
Account Clerk 56,194 --72,957 4,683 --6,080 27.02 --35.08
Accountant 82,174 --106,728 6,848 --8,894 39.51 --51.31
Accounting Manager 106,614 --138,467 8,885 --11,539 51.26 --66.57
Accounting Technician 63,607 --82,634 5,301 --6,886 30.58 --39.73
Administrative Analyst I 72,723 --94,443 6,060 --7,870 34.96 --45.41
Administrative Analyst II 72,727 --109,254 6,061 --9,105 34.96 --52.53
Administrative Analyst II (Records Management)72,727 --109,254 6,061 --9,105 34.96 --52.53
Administrative Staff Assistant 62,801 --81,550 5,233 --6,796 30.19 --39.21
Assistant Engineer 91,278 --118,538 7,607 --9,878 43.88 --56.99
Assistant Planner 76,516 --99,381 6,376 --8,282 36.79 --47.78
Associate Engineer 101,430 --131,708 8,453 --10,976 48.76 --63.32
Associate Planner 86,947 --112,927 7,246 --9,411 41.80 --54.29
Building Inspector I 73,791 --95,803 6,149 --7,984 35.48 --46.06
Building Inspector II 82,632 --107,318 6,886 --8,943 39.73 --51.60
Cable TV Station Manager 86,947 --112,927 7,246 --9,411 41.80 --54.29
Code Enforcement Officer 73,302 --95,198 6,109 --7,933 35.24 --45.77
Deputy City Clerk 74,187 --96,381 6,182 --8,032 35.67 --46.34
Engineering Technician 69,579 --90,358 5,798 --7,530 33.45 --43.44
Geographic Information Systems Coordinator 91,261 --118,543 7,605 --9,879 43.88 --56.99
Lead Worker 64,445 --83,706 5,370 --6,976 30.98 --40.24
Maintenance Superintendent 106,270 --138,015 8,856 --11,501 51.09 --66.35
Maintenance Supervisor 81,579 --103,362 6,798 --8,614 39.22 --49.69
Maintenance Worker I/II 56,006 --72,807 4,667 --6,067 26.93 --35.00
Open Space & Trails Manager 97,378 --126,476 8,115 --10,540 46.82 --60.81
Park Ranger 48,106 --62,485 4,009 --5,207 23.13 --30.04
Permit Clerk 55,128 --71,595 4,594 --5,966 26.50 --34.42
Permit Technician 62,918 --81,681 5,243 --6,807 30.25 --39.27
Planning Technician 65,488 --85,016 5,457 --7,085 31.48 --40.87
Principal Planner 109,073 --141,647 9,089 --11,804 52.44 --68.10
Project Manager 101,430 --131,708 8,453 --10,976 48.76 --63.32
Recreation Program Supervisor I 62,801 --81,550 5,233 --6,796 30.19 --39.21
Recreation Program Supervisor II 79,590 --103,362 6,633 --8,614 38.26 --49.69
Recreation Services Manager 93,255 --121,071 7,771 --10,089 44.83 --58.21
Senior Account Technician 71,241 --92,548 5,937 --7,712 34.25 --44.49
Senior Accountant 89,679 --117,407 7,473 --9,784 43.11 --56.45
Senior Administrative Analyst 94,213 --122,382 7,851 --10,199 45.29 --58.84
Senior Code Enforcement Officer 82,091 --106,614 6,841 --8,885 39.47 --51.26
Senior Engineer 113,601 --147,521 9,467 --12,293 54.62 --70.92
Senior Information Technician 97,445 --126,524 8,120 --10,544 46.85 --60.83
Senior Park Ranger 54,685 --71,021 4,557 --5,918 26.29 --34.14
Senior Planner 100,037 --129,928 8,336 --10,827 48.09 --62.47
Staff Assistant I 48,106 --62,496 4,009 --5,208 23.13 --30.05
Staff Assistant II 54,685 --71,021 4,557 --5,918 26.29 --34.14
Traffic Engineering Technician 69,579 --90,358 5,798 --7,530 33.45 --43.44
CONFIDENTIAL POSITIONS
Accounting Supervisor 103,946 --135,022 8,662 --11,252 49.97 --64.91
Executive Assistant 74,105 --96,264 6,175 --8,022 35.63 --46.28
Human Resources Analyst 72,719 --109,259 6,060 --9,105 34.96 --52.53
MANAGEMENT POSITIONS
Assistant to the City Manager 105,524 --137,029 8,794 --11,419
Building Official 105,179 --178,093 8,765 --14,841
City Clerk 105,179 --178,093 8,765 --14,841
City Manager *226,000 226,000 18,833 --18,833
Deputy City Manager 127,966 --217,414 10,664 --18,118
Deputy Director of Community Development 112,337 --190,208 9,361 --15,851
Deputy Director of Finance 112,337 --190,208 9,361 --15,851
Deputy Director of Public Works 112,337 --190,208 9,361 --15,851
Deputy Director of Recreation & Parks 112,337 --190,208 9,361 --15,851
Director of Community Development 127,966 --217,414 10,664 --18,118
Director of Finance 127,966 --217,414 10,664 --18,118
Director of Parks & Recreation 127,966 --217,414 10,664 --18,118
Director of Public Works 127,966 --217,414 10,664 --18,118
Human Resources Manager 112,337 --190,208 9,361 --15,851
Information Technology Manager 105,179 --178,093 8,765 --14,841
Principal Civil Engineer 105,179 --178,093 8,765 --14,841
OFFICIAL For illustration purposes
Annual Salary Monthly Salary Hourly Salary
BOTTOM TO TOP
Resolution No. 2023-__
Page 1 of 2
B-1
Resolution No. 2023-__ Exhibit A
City-Wide Salary and Hourly Compensation Schedule for the
Competitive, Confidential, Management and Part-Time Positions
(Effective September 23, 2023)
PART-TIME POSITIONS
Administrative/Public Works/Cable Intern 16.00 --34.78
Code Enforcement Officer 35.24 --45.77
Park Ranger 22.45 --29.17
Permit Clerk 25.73 --33.42
Recreation Leader 19.00 --24.70
Recreation Leader II 21.85 --28.41
Recreation Specialist 25.13 --32.67
Staff Assistant I 23.13 --30.05
Staff Assistant II 26.29 --34.14
Television Producer 28.75 --37.38
Television Producer (On-Camera)33.00 --42.91
Monthly
AUTO ALLOWANCE Amount
City Manager 700
Deputy City Manager 150
Director of Community Development 150
Director of Finance 150
Director of Public Works 150
Director of Recreation & Parks 150
* City Manager salary set by contract agreement adopted by the City Council.
(contract amended February 21, 2023)
OFFICIAL
Hourly Rates
BOTTOM TO TOP
Resolution No. 2023-__
Page 2 of 2
B-2
DocuSign Envelope ID: 0FD7E889-922F-4732-AE4C-8414E3C3F655
FIRST AMENDMENT TO
MEMORANDUM OF UNDERSTANDING
City of Rancho Palos Verdes
and
Rancho Palos Verdes Employees Association
July 1, 2022 - June 30, 2025
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DocuSign Envelope ID: 0FD7E889-922F-4732-AE4C-8414E3C3F655
FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING
between the City of Rancho Palos Verdes and the
Rancho Palos Verdes Employees Association
for the Period of July 1, 2022 through June 30, 2025
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 the Memorandum of Understanding between the CITY
and RPVEA for the period July 1, 2022 through June 30, 2025 (“RPVEA MOU 2022 -25”), and
adopted by Resolution No. 2023-032 on June 20, 2023. This First Amendment to the RPVEA
MOU 2022-25 is entered into this 9th day of October 2023, by and between the CITY and
RPVEA. This First Amendment shall only become effective upon City Council adoption and
makes only those changes reflected herein below, all other terms and conditions of the RPVEA
MOU 2022-25 remaining in full force and effect.
RPVEA MOU 2022-25, ARTICLE VII Benefits, Section A, subsection 1, currently provides as
follows:
A. Medical Insurance and Opt-Out
1. Medical Insurance
The City has five (5) medical plans available to employees (3 HMO’s, 1
traditional PPO, and a high deductible PPO).
The high deductible PPO plan comes with a Health Savings Account
(HSA) that is funded by the City. The City’s annual contribution to an
employee’s HSA plan for the 2023 calendar year is $3,850 for single
coverage or $7,750 for employee and dependent coverage. Employees can
make additional contributions, on a pre-tax basis, to their HSA account
through payroll deductions, up to the IRS limits, based on their ages (50+)
and coverage level.
ARTICLE VII Benefits, Section A, subsection 1, shall be superseded and replaced in full with
the following language upon City Council approval of this First Amendment to the RPVEA
MOU 2022-25:
A. Medical Insurance and Opt-Out
1. Medical Insurance
The City has five (5) medical plans available to employees (3 HMO’s, 1
traditional PPO, and a high deductible PPO).
The high deductible PPO plan comes with a Health Savings Account
(HSA) that is funded by the City. The City’s annual contribution to an
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DocuSign Envelope ID: 0FD7E889-922F-4732-AE4C-8414E3C3F655
IT IS SO AGREED:
employee’s HSA plan for the 2023 calendar year is $3,850 for single
coverage or $7,750 for employee and dependent coverage. Effective for
the 2024 calendar year and going forward, the City’s annual contribution
to an employee’s HSA plan will increase to $4,150 for single coverage or
to $8,300 for employee and dependent coverage. Employees can make
additional contributions, on a pre-tax basis, to their HSA account through
payroll deductions, up to the IRS limits, based on their ages (50+) and
coverage level.
City of Rancho Palos Verdes
Rancho Palos Verdes Employee
Association
Ara M. Mihranian – City Manager
Matt Waters – President
Karina Bañales – Deputy City Manager
Robert Nemeth – Vice President
Eileen Jacinto – Acting Human Resources
Manager
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MEMORANDUM OF UNDERSTANDING
City of Rancho Palos Verdes
and
American Federation of State, County and Municipal
Employees, District Council 36
July 1, 2023 - June 30, 2025
01203.0021/914449.1
(Version 2023.08.17)
D-1
TABLE OF CONTENTS
Page
I. TERM .................................................................................................................................. 1
II. DEFINITION OF TERMS .................................................................................................. 1
III. MANAGEMENT RIGHTS ................................................................................................. 3
IV. UNION RIGHTS ................................................................................................................. 3
A. Union Access to City Facilities ............................................................................... 3
B. Bulletin Boards ........................................................................................................ 4
C. Distribution of Literature ......................................................................................... 4
D. Union Access to New Hires and Employee Information ......................................... 4
E. Dues Deduction ........................................................................................................ 5
F. Representative Rights .............................................................................................. 5
G. Union Prohibited Conduct ....................................................................................... 6
H. Internet Use and Electronic Mail ............................................................................. 6
V. COMPENSATION .............................................................................................................. 6
A. Initial Employment .................................................................................................. 6
B. Movement Within the Salary Range ........................................................................ 7
C. Top of the Range ...................................................................................................... 7
D. Hourly Wage Range COLA ..................................................................................... 7
E. Non-Exempt Employees Overtime .......................................................................... 7
F. Acting Pay ................................................................................................................ 7
G. Performance Evaluations ......................................................................................... 8
H. Promotional Advancement ....................................................................................... 8
VI. BENEFITS ........................................................................................................................... 9
A. Health Insurance Plans ............................................................................................. 9
B. Employee Assistance Program................................................................................. 9
C. Life Insurance .......................................................................................................... 9
D. Accidental Death and Dismemberment ................................................................... 9
E. Short-Term Disability Insurance .............................................................................. 9
F. California Public Employees’ Retirement System (CalPERS) .............................. 10
G. Tuition Reimbursement ......................................................................................... 11
H. Workers’ Compensation and Unemployment Insurance ....................................... 11
I. Uniforms ................................................................................................................ 11
J. Boot Reimbursement ............................................................................................. 11
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VII. INCENTIVE PAY PROGRAM ........................................................................................ 12
VIII. EMPLOYEE EXPENSES ................................................................................................. 12
A. Mileage and Parking Expenses .............................................................................. 12
IX. AT-WILL STATUS OF EMPLOYEES ............................................................................ 12
X. LEAVES ............................................................................................................................ 13
A. Vacation Leave ...................................................................................................... 13
B. Sick Leave .............................................................................................................. 13
C. Bereavement Leave ................................................................................................ 14
D. Jury Duty ................................................................................................................ 14
E. Leave of Absence without Pay............................................................................... 15
F. Military Leave ........................................................................................................ 16
G. Holiday Overtime (Admin Instruction 2-06) ......................................................... 16
H. Family and Medical Leave ..................................................................................... 17
XI. LAYOFF ............................................................................................................................ 17
XII. WORK SCHEDULES, MEAL & REST PERIODS AND ATTENDANCE .................... 17
A. Work Schedules ..................................................................................................... 17
B. Meal & Rest Periods .............................................................................................. 17
C. Attendance ............................................................................................................. 18
XIII. GRIEVANCE PROCEDURES ......................................................................................... 18
A. Purpose of Grievance Procedure ............................................................................ 18
B. Informal Discussion of Grievance ......................................................................... 19
C. Formal Grievance Procedure ................................................................................. 19
XIV. DRESS CODE ................................................................................................................... 21
XV. ADMINISTRATIVE INSTRUCTIONS AND DEPARTMENTAL POLICIES .............. 21
A. Administrative Instructions .................................................................................... 21
B. Departmental Policies and Procedures ................................................................... 21
XVI. WRITTEN NOTICE .......................................................................................................... 21
XVII. OUTSIDE EMPLOYMENT (ADMIN INSTRUCTION 2-12) ........................................ 22
XVIII. SAVINGS CLAUSE AND SEVERABILITY .................................................................. 22
XIX. JOINT DRAFTING ........................................................................................................... 22
XX. MODIFICATION .............................................................................................................. 22
XXI. JOB DESCRIPTION ......................................................................................................... 22
XXII. REOPENERS ..................................................................................................................... 23
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MEMORANDUM OF UNDERSTANDING
between the
City of Rancho Palos Verdes
and the
American Federation of State, County and Municipal Employees, District Council 36
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 American Federation of State, County and Municipal Employees, District Council
36 (“Union”) as the majority or exclusive representative, as those terms are interchangeably used
under the MMBA, for those City employees in the bargaining unit (“Unit”) defined as all part -
time employees, excluding temporary employees and interns, in the classifications listed on
Appendix “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 that City Council approval up through and including June 30,
2025, unless otherwise expressly provided 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.
5. Day: Unless otherwise indicated, day means calendar day.
6. Demotion: A change in employment status from one classification 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. A demotion may
be temporary or permanent.
7. Dismissal: The discharge of the Employee from City service. Discharge and
dismissal are used interchangeably in this MOU.
8. Employee: For the purposes of this MOU, a part-time employee in the
bargaining unit defined by this MOU and whose part-time classification,
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excluding temporary employees and interns, is listed in Appendix A
attached hereto.
9. Evaluation Date: The date in which an Employee is scheduled to receive
their performance review, if any.
10. Exempt Employee: A Permanent Employee designated as “exempt” and
whose duties and salary exempt them from the overtime pay provisions of
the federal Fair Labor Standards Act (FLSA).
11. Fiscal Year: Fiscal year is the period July 1 thru June 30.
12. Nonexempt Employee: Any employee who is subject to the overtime pay
provisions of the federal Fair Labor Standards Act.
13. Permanent 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.
Permanent 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 and confidential
employees or volunteers.
14. Personnel Officer: The City Manager or their designee shall serve as the
Personnel Officer as outlined in Municipal Code Section 2.46.030.
15. Reduction In Pay: A change in the salary of an employee to a lower rate
within the same salary range.
16. Suspension: The temporary unpaid leave of absence for disciplinary
purposes for a period not to exceed thirty (30) days per occurrence.
17. Verbal Reprimand: An oral warning that may be given to a Employee in the
event that a deficiency in performance or conduct is not of sufficient
magnitude to warrant a more serious disciplinary action.
18. Written Reprimand: A written statement relating to an action or omission
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.
19. Work Week: A regular seven day period of 168 consecutive hours
beginning 12:00 a.m. Sunday through 11:59 the following Saturday, the
scheduling of part-time employee work hours within which may vary from
time to time based on the workforce needs of the City as determined by the
Department Head and/or City Manager.
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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. UNION RIGHTS
A. Union Access to City Facilities
1. The parties recognize and agree that in order to maintain good employee
relations, it is necessary for Union Business Representatives to have access
to work locations, to confer with City employees during working hours, to
post bulletins on the Union designated bulletin boards or assigned spaces
on a designated bulletin board, inspect the working conditions, conduct
worksite visits, investigate MOU violations, health and safety concerns,
investigate and process grievances, or meet with members for the purpose
of representing members in their relations with the City. Union may also
have reasonable access to meeting rooms.
2. Union Business Representatives shall be granted access upon obtaining
authorization from the Department Head and/or the Human Resources
Manager prior to entering a work location and after advising of the general
nature of the business. The Department Head and/or the Human Resources
Manager shall not unreasonably withhold timely access to work locations.
However, the Department Head and/or Human Resources Manager may
deny access or terminate access to work locations if, in their judgment, it is
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deemed that the visit would unduly interfere with the efficiency, safety, or
security of City operations. If a request is denied, then the Human Resources
Manager and/or their designee shall establish a mutually agreeable time for
access to the employee.
3. Union Business Representatives granted access to work locations shall limit
such visits to a reasonable period of time, taking into consideration the
nature of the concern, investigation, grievance or appeal. The Department
Head and/or Human Resources Manager and/or their designees may
mutually establish with the Union Representative reasonable limits as to the
number of visits authorized with the same employee on the same issue, and
reasonable limits as to the number of employees who may participate in a
visit when several employees are affected by a specific issue. The City shall
not unduly interfere with Union’s right to access work locations, so long as
such access does not interfere with the performance of City business.
4. The Union may select two (2) Unit employees as Shop Stewards. The Shop
Stewards shall be given reasonable release time on paid status to attend
meetings with management representatives, or to be present at grievance
and/or discipline meetings where matters within the scope of representation
or grievances or discipline are being considered. The use of official time for
this purpose shall be reasonable and shall not interfere with the performance
of City business.
B. Bulletin Boards
The Union shall be provided use of bulletin boards designated by the City to post
materials related to Union business and of Union interest. The bulletin boards shall
be placed in conspicuous and readily accessible locations. Postings will be
consistent with professional standards while maintaining the Union’s first
amendment right and employee’s right to organize.
C. Distribution of Literature
The Union’s representatives may distribute literature in all areas accessed by
employees. Distribution of literature will be consistent with professional standards
while maintaining the Union’s first amendment right. Distribution will not interfere
with the City’s efficiency in providing service to the community.
D. Union Access to New Hires and Employee Information
1. The City will notify Union in writing or via email regarding all new hires at
least ten (10) days prior to the employee’s orientation unless there was
insufficient time between employee’s acceptance of offer letter and start
date or there was an urgent need that was not reasonably foreseeable. Within
the earlier of thirty (30) days after the date of hire or by the first pay period
of the month following the hire of each newly hired employee, the City will
provide the Union with the new employee’s name, job title, department,
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work location, work email, and work phone numbers. No other information
from the City is being requested by Union even though Union may be
entitled to such additional information under law.
2. The new hire will receive a copy of the MOU with their new employee
orientation packet. Union shall be permitted no less than thirty (30) minutes
for each orientation session to privately talk to new bargaining unit
members to explain the rights and benefits under the MOU.
3. The City will provide the Union a quarterly list of all employees in the
represented bargaining unit, including the employee’s name, job title,
department, work location, work email, and work phone number. The
parties will mutually agree on a form to use to track said employee
information.
E. Dues Deduction
1. At Union’s request, the City shall deduct membership dues, initiation fees,
and general assessments, as well as payment of any other membership
benefit program sponsored by Union, from the wages and salaries of
members of Union to the extent that the employee’s wages are sufficient to
cover the deduction. Union hereby certifies that it has and shall maintain
all such deduction authorizations signed by the individual from whose
salary or wages the deduction is to be made and shall not be required to
provide a copy of an individual authorization to the City unless a dispute
arises about the existence or terms of the authorization. Union membership
dues shall be deducted each pay period in accordance with City procedures
and provisions of applicable law from the salary of each employee whose
name is provided by Union.
2. The City shall provide for payroll deductions on each payroll period
(twenty-six times per calendar year). The City shall remit the total amount
of deductions to Union within thirty (30) days of the date of the deduction.
Any changes in Union dues must be given to the City a minimum of thirty
(30) days prior to change to accommodate changes to payroll.
3. Union shall indemnify the City from any claims relating to the City’s
compliance with this Dues Deduction provision, except for any claims
arising from City’s own negligence.
F. Representative Rights
1. Employees shall not be able to represent themselves for the purposes of
negotiating revisions to the terms of this MOU, also known as Direct
Dealing or Individual Bargaining.
2. Employees shall be allowed reasonable release time, if scheduled to work,
to discuss matters regarding items contained in this MOU or conditions of
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employment with the Union’s representatives for clarification or assistance
at any time upon advance notice to City and so long as City operations are
not negatively impacted.
G. Union Prohibited Conduct
1. The Union, its officers, agents, representatives and/or members agree that
during the term of this MOU they will not cause nor condone any strike,
walkout, slowdown, sick-out, or any other concerted job action by
withholding or refusing to perform services. A violation of this Article by
any Unit member shall constitute a cause for discipline, including
termination.
2. In the event that the Union, its officers, agents, representatives and/or
members cause or condone any employee strike, walkout, slowdown, sick-
out, or any other concerted job action by withholding or refusing to perform
services, the Union shall immediately instruct any persons engaging in such
conduct that their conduct is a violation of this MOU, and require all such
represented persons to immediately cease engaging in the prohibited
conduct and return to work.
H. Internet Use and Electronic Mail
Employees are allowed to use City computers for legal Internet and electronic mail
access. 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.
V. COMPENSATION
Employee compensation is set forth in a salary schedule of ranges established by resolution
of the City Council. Effective the first full pay period after City Council adoption of this
MOU, the new hourly pay ranges for Employees set forth in Appendix A shall
implemented. In addition, a signing bonus of $300.00 shall be paid by the second full pay
period after City Council adoption of this MOU to those employees who were working for
the City as of July 1, 2022 and who are still employed by the City at the time of City
Council adoption of this MOU. A $100.00 signing bonus shall be paid by the second full
pay period after City Council adoption of this MOU to those employees hired after July 1,
2022 and before July 1, 2023 and who are still employed by the City at the time of City
Council adoption of this MOU.
A. Initial Employment
The rate of compensation for initial employment in any represented classification
shall be determined by the City Manager at their sole discretion based upon factors
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including but not limited to the experience, education, skills and ability of the
incoming Employee.
B. Movement Within the Salary Range
Employees will be eligible for a salary merit adjustment, provided they have
demonstrated “meets expectations” or greater in every rating category of their
annual performance evaluation. The specific salary merit adjustment is determined
by an employee’s most recent annual performance evaluation rating as further
explained herein.
C. 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.
D. Hourly Wage Range COLA
Effective the first full pay period in July 2024, the City shall provide a Cost of
Living Adjustment (COLA) to base hourly wage ranges in Appendix A for all
Union represented Employees still on payroll at that time in the amount not less
than 0% nor higher than a maximum of three percent (3%) as measured by the
Consumer Price Index for All Urban Consumers (“CPI-U”) reported by the U.S.
Bureau of Labor Statistics for the Los Angeles-Long Beach-Anaheim, CA
metropolitan area covering the prior twelve month period March to March.
E. Non-Exempt Employees Overtime
1. Nonexempt Employees shall receive overtime compensation in accordance
with the federal Fair Labor Standards Act. Accordingly, nonexempt
Employees shall be paid one and one-half (1 ½) times their regular rate of
pay or receive compensatory time off at one and one half (1 ½) hours for all
hours worked in excess of forty (40) in the work week.
2. Overtime Pay:
a) Overtime shall be defined as any combination of actual hours
worked, which exceeds forty (40) hours in any work week.
b) Work in excess of forty (40) hours in the workweek requires prior
approval of the nonexempt Employee’s Department Head or the
City Manager.
F. Acting Pay
Upon written designation/approval of the Department Head and the City Manager,
an Employee who performs the duties of a position with a higher classification for
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a period of one (1) calendar month or more and not to exceed the time limits as
defined by CalPERS, shall receive compensation as specified below:
1. 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 their current rate of compensation, provided that the
salary does not exceed the maximum amount of compensation within the
new salary range.
2. Upon meeting the one calendar month eligibility period, such acting pay
compensation shall be retroactive to the first day of the acting assignment
through the duration of the assignment.
G. Performance Evaluations
1. An Employee should receive an annual performance evaluation based upon
their original hire date or promotion anniversary date.
2. Employees shall be eligible for salary merit advancement within an
individual salary range based upon their performance evaluation and
meritorious performance as follows:
• Meets Expectations (Satisfactory): 1% - 2.5%
• Exceeds Expectations (Good): 2.5% - 5%
3. No employee may receive a Meets Expectations or higher rating where they
have an individual category rating of less than Meets Expectations.
4. Employees are entitled to file a rebuttal to any performance evaluation
within thirty (30) days of receiving the evaluation.
5. Any employee receiving a less than Meets Expectation rating shall be re-
evaluated in six (6) months.
6. 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.
H. Promotional Advancement
When an Employee is promoted from employment in one classification or
classification job series to employment in a classification or classification job series
assigned a higher salary range, advancement shall be at least five percent (5%) over
their current rate of compensation, provided that the salary does not exceed the
maximum amount of compensation within the new salary range. In the event this
unlikely situation occurs, the parties agree to meet and confer to address.
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VI. BENEFITS
A. Health Insurance Plans
Employees working the required number of hours for participation as defined by
the federal Affordable Care Act (“ACA”), will be eligible to participate in the
City’s group medical plan, which does not include dependents. The City currently
pays the entire premium for eligible employees. The City does not guarantee or in
any other way promise to Employees the hours necessary to qualify for this benefit.
1. The City has five (5) medical plans available to eligible employees (3
HMO’s, 1 traditional PPO, and a high deductible PPO).
2. The high deductible PPO plan option comes with a Health Savings Account
(HSA) that is funded by the City. The City’s annual contribution to an
eligible employee’s HSA plan is $3,850 for single coverage or $7,750 for
eligible employees and dependent coverage. Eligible employees can make
additional contributions, on a pre-tax basis, to their HSA account through
payroll deductions, up to the IRS limits, based on their age (50+) and
coverage level.
B. Employee Assistance Program
The City shall provide an Employee Assistance Program at no cost to all employees
and employee families.
C. Life Insurance
Employees are eligible for life insurance on the first of the month following their
hire date. The City pays the entire premium on a life insurance policy with a benefit
of twice the employee’s annual City compensation/salary, up to a maximum benefit
of $350,000.
D. Accidental Death and Dismemberment
Employees are eligible for AD&D insurance on the first day of the month following
their date of hire. 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.
E. 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.
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F. California Public Employees’ Retirement System (CalPERS)
Employees are eligible to be enrolled in the City’s retirement system if they meet
the required number of hours worked in a fiscal year as determined by the job
classification. The retirement plan is provided under contract with CalPERS. The
City pays the employer portion of the CalPERS contribution for eligible employees.
Eligible employees pay their employee portion, as determined by statute and
CalPERS contract. In the event of any conflict between this summary and either the
City’s contract with CalPERS or law, the contract or law, as applicable, will prevail
and apply. The City does not guarantee Employees the required number of hours
to meet eligibility for any of these plan tiers.
1. Tier 1 – Eligible employees hired prior to October 6, 2012 are subject to the
first tier benefit formula of 2.5%@55 with final compensation determined
by the average of the 12 highest paid consecutive months (single highest
year). The employees will be required to contribute eight percent (8%) of
their base salary toward the pension benefit.
2. Tier 2 – Eligible employees hired on or after October 6, 2012 who are not
defined by CalPERS as “new members” are subject to 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). The
employees will be required to contribute seven percent (7%) of their base
salary toward the pension benefit.
3. Tier 3 - Pursuant to the Public Employees’ Pension Reform Act of 2012
(PEPRA), on and after January 1, 2013, eligible employees who are defined
by CalPERS as “new members,” are 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
CalPERS, 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.
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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.
G. Tuition Reimbursement
The City provides a tuition reimbursement program to encourage Employees to
pursue professional growth and development through accredited academic
coursework. The course must be related to work within City government, as agreed
upon by the City Manager, 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
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.
H. Workers’ Compensation and Unemployment Insurance
1. Coverage: The City provides workers’ compensation and unemployment
insurance to all eligible employees in accordance with California law.
2. On-the-Job Injuries: All injuries suffered during working hours must be
promptly reported to the employee’s supervisor and by notifying the
Department Head, and Human Resources/Risk Manager. Employees should
also promptly report the injury to the 24/7/365 on-call reporting center.
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 must have an approved return to work
certificate signed by the attending doctor.
I. Uniforms
Employees may be required to wear uniforms. When required to wear uniforms,
the City shall provide such uniforms at no expense to the employees. Replacement
uniforms may be provided as needed upon request by employee and justification as
determined by Department Head and/or their designee. Uniform replacement
request shall not be unreasonably denied.
J. Boot Reimbursement
Employees may be required to wear work boots and those determined to need boots
are provided them on a reimbursement basis, with required receipts for same, shall
receive one (1) set of work boots per year, up to a maximum of $150 per pair, as
determined and approved by the City at no employee expense. Additional boots
may be authorized as needed upon request by employee and with justification as
determined by Department Head and/or their designee. An additional set of work
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boots are paid up to $150 maximum reimbursement per pair, per year, due to
extreme wear.
VII. INCENTIVE PAY PROGRAM
A. From time-to-time, the City Manager may grant an incentive pay award to any
Employee in recognition for extraordinary work based upon a nomination.
B. The City Manager shall approve 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.
C. Employees shall be limited to no more than two (2) incentive bonus pay awards in
a fiscal year, not to collectively exceed a total of 5% of an employee’s base salary.
VIII. EMPLOYEE EXPENSES
A. Mileage and Parking Expenses
Employees required to use their 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 for work during shift hours, but not
for arriving to or departing from the City before and after their work shift.
1. All claims for mileage and parking reimbursement shall first be approved
in writing by the 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 using their private automobile for City business shall only be
eligible if the employee supplies the Personnel Officer with a Certificate of
Insurance stating that their private transportation 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.
IX. AT-WILL STATUS OF EMPLOYEES
Employees remain at-will employees and are not afforded any rights, benefits, notice
and/or appeal procedures afforded full-time employees except as expressly provided
herein, but instead may be discharged by their Department Head or the appointing authority
(as defined in the City’s Municipal Code) at any time with or without notice or cause. In
addition, Employees as part-time employees are not guaranteed any specific number of
hours per day or week and work those hours determined by the City as necessary to its
functions in its sole discretion. In tum, all Employees subject to this MOU are entitled to
end their employment relationship with the City at any time, with or without notice or
cause. No provision of this MOU shall be deemed to confer upon any Employees any
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property rights in employment. All Employees serve at the pleasure of their Department
Heads and the City Manager.
X. LEAVES
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 their 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
Employees are not entitled to accrue paid vacation leave.
B. Sick Leave
1. Per state law, part-time employees who work for their employer for thirty
(30) days or more within a year of commencement of employment are
entitled to paid sick days under certain conditions.
2. An eligible employee shall accrue paid sick days at the rate of one (1) hour
per every thirty (30) hours worked, beginning at the commencement of
employment and will accrue such paid sick leave for use beginning on the
ninetieth (90th) day of employment.
3. All paid sick leave is capped at forty-eight (48) hours per calendar year,
including if rolled over from the prior year, and has no vested interest or
cash value.
4. In order to receive paid sick leave, an employee must speak with their
supervisor at the earliest possible time, generally 2 hours before start of the
employee’s shift that the leave will be used. Alternatively, an employee
must leave a voicemail with their supervisor and then call their 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 shall not be granted, and accordingly are not entitled to take,
paid sick leave in advance of its accrual.
6. Employees who use more than twenty-four (24) consecutive sick hours shall
be required to furnish a physician’s certificate stating that the employee is
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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.
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 shall not be
granted, and accordingly are not entitled to be paid for accumulated sick
leave.
C. Bereavement Leave
In the event of a verified death in a Employee's family, upon request, the City shall
grant up to five (5) workdays of bereavement leave, as provided below:
1. To be eligible for this leave, a Employee must be employed by the City for
at least thirty (30) days prior to the commencement of the leave.
2. For the purpose of this Article, the term "family" shall be defined as spouse,
child, parent, sibling, grandparent, grandchild, parent of a spouse, registered
domestic partner, and parent of a registered domestic partner.
3. For Employees, the bereavement leave shall be unpaid, except that an
employee may use accrued and available paid sick leave for some or all of
the leave.
4. The days of bereavement leave need not be consecutive but the bereavement
leave must be completed within three (3) months of the date of death of the
employee’s family member.
5. The City may require, within thirty (30) days of the first day of the leave,
that the employee provide documentation of the death of the family
member, such as a death certificate, a published obituary, or written
verification of death, burial, or memorial services from a mortuary, funeral
home, burial society, crematorium, religious institution, or governmental
agency.
D. Jury Duty
1. Employees called for jury duty shall give the Department Head or City
Manager reasonable advance written notice of their obligation to serve.
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2. 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 for any normal work shifts
missed because of jury service up to three (3) weeks of pay.
3. Written evidence of jury duty attendance shall be presented to the Personnel
Officer.
4. Employees shall continue to report to work on those days when excused
from jury duty, and on which the employee can work at least four (4) hours
during their regular workday.
E. Leave of Absence without Pay
The City Manager, after consultation with the Employee’s Department Head, may
grant an employee a 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 they deem warranted in the best interest
of the City. No such leave shall be granted except upon written request of the
employee with explanation for the need for the leave. Leave under this section shall
only be granted to an employee under circumstances where the 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 reinstated after a leave of absence without pay shall receive
that same pay rate in the salary range that they received when the leave of
absence began unless the pay increase is awarded by this MOU. Time spent
on such leave without pay shall not count towards service for increases
within the salary range, and the employee’s evaluation date shall be set
forward one (1) month for each thirty (30) consecutive days taken.
4. The City shall maintain group health insurance coverage for any employee
(including dependent coverage) who is already receiving such coverage
while the employee is taking a medical leave of absence under this section
at the level and under the conditions coverage would have been provided by
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the City if the employee had not taken such leave. In the event an 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 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) which were
previously being paid during a non-medical leave of absence without pay
that exceeds thirty (30) days. In addition, in advance of taking the leave, the
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 shall furnish the Personnel Officer a
physician’s certificate stating that the employee is able to return to work.
F. Military Leave
Military leave shall be granted in accordance with applicable federal and California
law.
G. Holiday Overtime (Admin Instruction 2-06)
Regardless of the number of hours worked during the work week, Employees who
work on a City holiday designated below shall be paid their regular hourly rate and
one and one half (1½) times their regular hourly rate of pay for all hours worked on
the holiday:
a) Memorial Day (Last Monday in May);
b) Independence Day (July 4th);
c) Labor Day (1st Monday in September);
d) Thanksgiving Day (4th Thursday in November);
e) The day after Thanksgiving (4th Friday in November);
f) Christmas Eve (December 24th);
g) Christmas Day (December 25th); and
h) New Year’s Day (January 1st).
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H. 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.
XI. LAYOFF
A. 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 City; and the 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 City and may lay off an employee
holding such position or employment without taking disciplinary action and
without right of appeal.
B. If an Employee believes that their layoff is contrary to federal or state law or City
policy, they may file a grievance based solely on the narrow issue of the alleged
violation federal or state law or City policy. Otherwise, Employees shall have no
other rights relative to the termination of their at-will employment by means of a
layoff.
XII. WORK SCHEDULES, MEAL & REST PERIODS AND ATTENDANCE
A. Work Schedules
1. All work shifts shall have a designated start and end time, but some events
and/or rentals may require employees to stay longer than scheduled.
2. All work shifts are subject to change due to unexpected change in need such
as weather impacts, canceled events, canceled rentals, pandemic issues,
event of Force Majeure, etc.
3. Employees work part-time schedules during the entire workweek and across
different shifts each day and with work days and work shifts sometimes
changing by season. Accordingly, there are no guaranteed work hours,
shifts or days. Work schedules are determined in advance by the
Employee’s Department Head and/or their designee.
B. Meal & Rest Periods
1. Meal Period. Meal Periods for Part-Time employees are dependent upon the
particular shift, work location and whether the employee has Meal Period
coverage. The City’s goal is to allow for at least a thirty (30) minute unpaid
Meal Period for every 6 hours of work where the employee can be released
from all work duties. Employees may waive their right to such Meal Periods
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but must do so in writing, the waiver may be revoked with a 24 hour notice
to the employee’s immediate supervisor. If there isn’t coverage for such a
Meal Period due to the nature of the position or the lack of coverage on a
particular day, then the employee will be paid for a working lunch where
they are permitted to eat on duty and at the job site. Eating food at public
facing counters is generally not accepted unless approved by the
Department Head. Department Heads have the responsibility for scheduling
lunch periods for their employees and may require employees to work
through their Meal Periods with pay as required by City needs and allow
employees to eat at their desks or facilities while on duty.
2. Rest Periods. The City allows every employee to take a 15-minute rest
period for every 4 hours worked. Rest Periods are not to be taken outside
the employee’s assigned work facility without permission of the
Department Head. Eating food in the public areas is generally not accepted
unless approved by the Department Head. 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. This provision shall not apply to
field trips and excursions and/or related off-site programming.
C. 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, including 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, including discharge.
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. 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, religious creed, color, national origin,
ancestry, physical disability, mental disability, reproductive health decision
making, medical condition, genetic information, marital status, sex, gender,
gender identity, gender expression, age, sexual orientation, or veteran or
military status of any person or because of any other statutorily or
constitutionally impermissible basis.
5. Any manner affecting an employee’s:
a) Work schedule;
b) Fringe benefits;
c) Holidays;
d) Sick Leave; and/or
e) 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 has a grievance, the employee shall first informally
discuss the matter with the employee’s immediate supervisor within ten (10)
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 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 twenty (20) 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 shall have the right to file a formal
grievance.
2. If an employee’s grievance is with their immediate supervisor or the
supervisor’s immediate superior, or the supervisor’s immediate superior is
the Department Head, they may skip to the next step of the grievance
procedure as appropriate.
C. Formal Grievance Procedure
The formal grievance procedure shall be used to resolve an employee’s grievance
not satisfactorily resolved by informal discussion or where Section B2 applies
above.
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1. An employee shall have the right to present a formal grievance in writing to
their Department Head within thirty (30) days from the date of the incident
or decision generating the grievance. All formal grievances shall state the
factual reasons for the grievance, the alleged violations, and the employee’s
requested remedy and be signed by the employee.
2. The formal written grievance shall be timely presented to the Department
Head. When the employee presents a formal grievance to their Department
Head, the Department Head shall discuss the grievance with the employee
within ten (10) days of receipt. The employee’s labor representative may
file a grievance on the employee’s behalf, but the employee must still sign
it. Within ten (10) days after meeting with the employee regarding the
formal grievance, the Department Head shall render a written decision.
3. If the employee is unsatisfied with the decision of the Department Head,
then they shall have the right to present the formal grievance to the City
Manager within five (5) days from the date of the decision of the
Department Head. The employee shall provide the City manager with a
copy of the original grievance, the response from the Department Head, and
state in writing any and all objections to, and/or dissatisfaction with, the
decision of the Department Head.
4. When the employee presents the formal grievance to the City Manager, the
City Manager or their designee shall discuss the grievance with the
employee. Within fifteen (15) days after receipt of the formal grievance and
related materials, the City Manager and/or their designee shall render a
written decision. The decision of the City Manager and/or their designee
shall resolve the grievance and no further administrative review of the
subject matter of the grievance shall be permitted.
5. The employee and the City have the right to representation at any step in
the grievance process.
6. Any grievance not filed or taken to the next step by the employee within the
specified time limits shall be deemed settled on the basis of the last decision,
and not subject to further consideration or reconsideration. Grievances
settled based on not being filed or taken to the next step, shall not set
precedent for future grievances. By mutual agreement and for good cause,
reasonable extensions of time may be given in writing by the applicable
parties at each step in the grievance procedure.
7. An employee who has filed a grievance shall suffer no discrimination for
filing the grievance. This grievance process does not waive the employee’s
rights to file any claim with appropriate state and federal agencies.
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XIV. DRESS CODE
A. All Employees must present a professional appearance by wearing appropriate and
clean attire for the position held and tasks to be completed. Attire should be
considered business. If a uniform is required, then it should be well maintained and
worn in a presentable fashion. Matters of employee attire will be managed at the
department level.
B. Examples of appropriate office attire include slacks or khakis; dress shirt or blouse;
open-collar or polo shirt; optional tie or sport coat; a dress or skirt at knee -length
or below; a tailored blazer, knit shirt or sweater; loafers or dress shoes that cover
all or most of the foot. Examples of inappropriate attire include t-shirts; gym or
sweat clothing, including work out wear; halter tops, tank tops or crop tops;
leggings or spandex (except with dresses); low back dresses, blouses, or shirts;
sheer, see through or revealing clothing; shorts; and casual sandals (flip
flops). Hats are not acceptable, unless they are part of a uniform. Jeans and athletic
shoes for office personnel are limited to “Friday” casual, unless the position held
requires jeans and/or athletic shoes.
XV. ADMINISTRATIVE INSTRUCTIONS AND DEPARTMENTAL POLICIES
A. Administrative Instructions: Without limiting the application of other
Administrative Instructions, unless otherwise inconsistent with this MOU or the
law, Employees are subject to Administrative Instructions: 2-06 (Part-Time
Employees), 2-03 (Workers’ Compensation Claims Procedures), 2-09 (Gifts), 2-10
(Policy Against Harassment in the Workplace), 2-12 (Outside Employment), 2-13
(Pets), 2-14 (Bulletin Boards), 2-15 (Employee Incentive Program), 2-18 (Policy
Against Violence in the Workplace), Admin Instruction 2-19 (Part Time, Seasonal,
and Temporary employee Sick Leave), 7-01 (Safety Program), 7-04 (Accident
Reports – Vehicle), 8-01 (Use of City Vehicles), 8-02 (Use of Employees Vehicles
for City Business), 8-05 (Computer Network Use), 8-07 (Electronic Mail and
Internet Use), and 8-08 (Use of City mobile telephones) to the extent such
instructions are not inconsistent with this MOU. Copies of 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.
XVI. 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
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address in any notice given by them of their last known address, and, if there be no last
known address, then addressed to them 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.
XVII. OUTSIDE EMPLOYMENT (ADMIN INSTRUCTION 2-12)
Employees shall be allowed to engage in employment other than their job with the City,
with the understanding that such outside employment does not interfere with the
performance of assigned duties and does not constitute a conflict of interest. The employee
must notify their Department Head and copy the City Manager in writing regarding their
outside employment.
XVIII. SAVINGS CLAUSE AND SEVERABILITY
Any provision of this MOU, which conflicts with any State or Federal statute, or Executive
Order having the same effect as law, now existing or hereinafter enacted, or declared by a
court of competent jurisdiction to be unlawful, unenforceable or not in accordance with
applicable statutes shall not affect the remainder of the MOU which shall remain in full
force and effect for the term of the MOU. The parties will meet as soon as practical to
negotiate the effects of any invalidated provision.
XIX. JOINT DRAFTING
In recognition of the fact that the parties had an equal opportunity to negotiate the language
of, and draft, this MOU, the parties acknowledge and agree that there is no single drafter
of this MOU and, therefore, the general rule that ambiguities are to be construed against
the drafter is, and shall be, inapplicable. If any language in this MOU is found or claimed
to be ambiguous, each party shall have the same opportunity to present evidence as to the
actual intent of the parties with respect to any such ambiguous language without any
inference or presumption being drawn against any party hereto.
XX. MODIFICATION
This MOU may only be modified or amended by written agreement between the parties
which must then be ratified by the Union and formally approved by resolution of the City’s
City Council.
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.
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XXII. REOPENERS
The parties agree to reopen the contract for the purpose of the following:
A. Drafting, ratifying, adopting and implementing an Employer-Employee
Relations Resolution for the City; and
B. Updating the City’s Personnel Rules.
The City’s labor relations representatives and the Union’s representatives have met and conferred
in good faith on wages, hours and other terms and conditions of employment for the Unit members
represented by the Union and have reached agreements which are set forth in this MOU. This
MOU, when executed by the City’s labor relations representatives and the Union’s representatives,
constitutes a joint recommendation therefrom, after ratification of the Union’s membership, to be
submitted to the City Council for its determination and approval by resolution. This MOU is of
no force or effect unless or until approved and adopted by a resolution of the City Council.
City of Rancho Palos Verdes AFSCME District Council 36
Ara Mihranian Corey Cordova
City Manager AFSCME DC36 Business Representative
Julie DeZiel Richard Fox
Human Resources Manager Organizing Committee
Dana C Torrey II
Colin Tanner Dana Torey
Deputy City Attorney/Lead Negotiator Organizing Committee
Quentin Thelen
Organizing Committee
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APPENDIX A
(REPRESENTED CLASSIFICATIONS & HOURLY PAY RANGES)
Classifications City Hourly Pay Range
Recreation Leader I $19.00 to $24.70
Recreation Leader II $21.85 to $28.41
Recreation Specialist $25.13 to $32.67
Part-time Ranger $22.45 to $29.17
Television Producer $28.75 to $37.38
Television Producer On Camera $33.00 to $42.91
Part-time Staff Assistant I $23.13 to $30.05
Part-time Staff Assistant II $26.29 to $34.14
Permit Clerk $25.73 to $33.42
Code Enforcement $35.24 to $45.77
California minimum wage effective 1/01/2023 is $15.50 per hour.
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