CC SR 20260407 C - Adoption of AFSCME MOU 2025-28
CITY COUNCIL MEETING DATE: 04/07/2026
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consider adopting a Memorandum of Understanding (MOU) with the American
Federation of State, County and Municipal Employees (AFSCME) District Council 36 for
Fiscal Years (FY) 2025-2028 and adjusting the Part-Time Human Resources (HR)
Specialist job classification and the salary schedule for eligible part-time employees.
RECOMMENDED COUNCIL ACTION:
(1) Adopt Resolution No. 2026-__, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ACCEPTING,
APPROVING, AND ADOPTING 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 OF JULY 1, 2025 THROUGH
JUNE 30, 2028;
(2) Adopt Resolution No. 2026-__, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ACCEPTING,
APPROVING, AND ADOPTING THE COMPENSATION AND BENEFITS FOR
THE UNREPRESENTED AND CONFIDENTIAL PART-TIME HUMAN
RESOURCES SPECIALIST CLASSIFICATION FOR THE PERIOD OF JULY
1, 2025 THROUGH JUNE 30, 2028; and
(3) Adopt Resolution No. 2026-__, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING,
RESTATING, AND SUPERSEDING RESOLUTION NO. 2026-
90 THAT UPDATES THE SALARY SCHEDULE FOR ELIGIBLE PART-TIME
EMPLOYEES TO REFLECT A THREE PERCENT COST OF LIVING
ADJUSTMENT EFFECTIVE APRIL 7, 2026.
FISCAL IMPACT: The budget allocated for Year 1 of the three-year MOU is included as
part of the Citywide personnel budget of $15.8 million for Fiscal Year
(FY) 2025-26. Of this amount, the base budget for salary and benefits
for approximately 65 AFSCME employees is $1.9 million.
If the MOU is approved, as presented in the proposed Tentative
Agreement, the Year 1 increase to the $1.9 million base budget is
estimated at approximately $113,000 or 6%. No additional
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CITYOF RANCHO PALOS VERDES
appropriation is required, as the proposed increase can be absorbed
within the current budget.
The fiscal impact for Year 2 is approximately $110,500 and will be
requested as part of the FY 2026-27 Proposed Budget, which will be
presented to the City Council during the budget workshop on April 20,
2026. The fiscal impact for Year 3 is estimated at $168,200. VR
Amount Budgeted: N/A – see above
Additional Appropriation: N/A – see above
Account Number(s): N/A – see above
ORIGINATED BY: Vanessa Godinez, Human Resources and Risk Manager VG
REVIEWED BY: Catherine Jun, Deputy City Manager CJ
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A.Resolution No. 2026-___ Approve FY 2025-2028 AFSCME MOU (page A-1)
B.Proposed 2025-2028 AFSCME MOU (page B-1)
C.Resolution No. 2026-___ Part-Time Human Resources Specialist (page C-1)
D.Resolution No. 2026-___ Proposed Salary Schedule effective April 7, 2026
(page
D-1)
E.Resolution No. 2025-18, Tentative Agreement with AFSCME (page E-1)
F.FY 2023-2025 AFSCME MOU (page F-1)
G.Employer-Employee Relations Resolution No. 2018-2 3 (page G-1)
BACKGROUND:
The current MOU between the City and AFSCME, including the subsequent three
amendments thereto, covers the period of July 1, 2023 through June 30, 2025
(Attachment F). Given the impending expiration of the current MOU, the City, starting in
January 2025, requested AFSCME to meet and confer over a successor MOU.
Pursuant to the Meyers-Millais-Brown Act (MMBA) (Government Code sections 3500-
3511) and the City’s Employer-Employee Relations Resolution No. 2018-23 (Attachment
G), the City Council-approved negotiating team (consisting of Labor Attorney Pam Lee,
City Manager Ara Mihranian, Deputy City Manager Catherine Jun, Finance Director Vina
Ramos, and Human Resources Manager Vanessa Godinez) and AFSCME engaged in
good faith negotiations. On February 6, 2026, both parties successfully reached a
Tentative Agreement (TA) on a successor MOU covering the period of July 1, 2025
through June 30, 2028. The TA was ratified by AFSCME membership on March 6, 2026
and has been fully executed by both parties.
On March 17, 2026, the City Council adopted Resolution No. 2026-18 approving the TA
(Attachment E).
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DISCUSSION:
1) AFSCME MOU
Since then, the City's negotiating team worked closely with AFSCME representatives to
incorporate the terms of the TA into a successor MOU. This required ensuring all redlined
changes were acceptable to both parties. The parties have since agreed to the changes,
and Staff is requesting City Council to adopt the attached Resolution thereby approving
the FY 2025-2028 AFSCME MOU (Attachment A and B).
In summary, the AFSCME MOU for FY 2025-2028 includes the following negotiated
terms:
Negotiated Term Details
o
through June 30, 2028.
o
of the successor MOU, provide a Cost of Living
Adjustment (COLA) of between 0% to 3%, as measured
by the Consumer Price Index for All Urban Consumers
(CPI-U) for the Los Angeles-Long Beach-Anaheim
metropolitan area covering the prior twelve month
period March to March.
o Year 2 – Effective July 1, 2026, in lieu of a COLA, the
City shall provide a one hundred dollar ($100) bonus to
all employees employed as of July 1, 2026.
o Year 3 – Effective July 1, 2027, provide a COLA of
between 0% to 3%, as measured by the Consumer
Price Index for All Urban Consumers (CPI-U) for the Los
Angeles-Long Beach-
covering the prior twelve-month period March to March.
Performance
o
evaluation once the employee has completed 750 work
hours (starting on the employee’s last performance
evaluation date) or one year of employment, whichever
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Negotiated Term Details
o
employee per academic year. All coursework must be
related to the employee’s job and be pre-approved prior
reimbursement will require a one-
provision that will be reduced on a pro-rata basis over
the one-year period, in the event the employee leaves
City employment within that 1-year period. Effective
July 1, 2025, employees must work a minimum of 500
hours in a fiscal year to be eligible and maintain those
hours during the one-
reimbursement.
o
but only during wet weather conditions.
Sick Leave
o
as follows:
• Eligible employees shall accrue paid sick days at the
rate of 1 hour per every 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 or as permitted
by law.
• All paid sick leave is capped at eighty (80) hours per
calendar year, including if rolled over from the prior
year, and has no vested interest or cash value.
o Amend the Article to add a provision that memorializes
current practice that caps the annual usage of Paid Sick
Leave, in accordance with State law:
• Employees are limited to use forty (40) hours of sick
leave in each year of employment.
Sick Leave
o
any eligible part-time employee who is hired to a full-
time position with the City may transfer remaining
accrued part-time sick leave hours to the employee’s
full-time sick leave bank.
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Negotiated Term Details
o
pay for working any hours during the following three
federal holidays: Martin Luther King, Jr. Day, Presidents
Day, and Veterans Day.
o
Meal periods for part-
dependent upon the particular shift, work location,
and whether the employee has meal period
uncompensated meal period of thirty (30) minutes
will be provided for every shift of six (6) or more
hours. The meal period may not be combined with
a rest period or used to compensate for a late
arrival or early departure from work. Any waiver of
the meal period must be confirmed by the
employee in writing, except when there is a lack of
coverage for a shift, as determined by the
Department Head. In the event that an employee is
required to work during a meal period, such time
worked shall be compensated at the employee’s
hourly rate and the employee may be permitted to
eat meal during the working meal period.
Article XII. Work Schedules,
Meal & Rest Periods and
Attendance.
o
Rest periods for part-time employees are dependent
upon the particular shift, work location, and whether
the employee has rest period coverage. Scheduling
of breaks will be at the discretion of the Department
Head or direct supervisor. Generally,
an uninterrupted, compensated rest period of fifteen
(15) minutes will be provided for every shift of four
(4) or more hours. The rest period may not be
combined with a meal period or used to compensate
for a late arrival or early departure from work. Rest
periods shall have no monetary value and shall
be forfeited if not used during the work period.
Additional details are in the proposed FY 2025-2028 AFSCME MOU (Attachment B).
Furthermore, all terms and conditions of the current MOU have been carried over into the
successor MOU, unless expressly modified or changed.
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Part-Time Human Resources Specialist
The City Negotiating Team and AFSCME discussed and agreed to remove the part-time
HR Specialist classification out of AFSCME and into a confidential group that is not
represented by any bargaining group. This helps prevent conflict of interest, since the
HR Specialist and, generally all HR positions, regularly handle sensitive labor, personnel,
and negotiation-related information.
Moving the part-time HR Specialist classification out of a bargaining group is consistent
with past practice. The City previously moved the full-time Human Resources Analyst out
of the Rancho Palos Verdes Employees Association (RPVEA) and into a confidential,
unrepresented group; furthermore, the HR and Risk Manager is in an unrepresented
management group, with all other management and executive positions.
It has also been the City’s past practice to extend most applicable, negotiated agreements
with RPVEA to these unrepresented, full-time positions. Similarly and if acceptable, Staff
recommends the City Council to adopt the attached resolution to move the HR Specialist
out of AFSCME and in a confidential, unrepresented group with compensation and
benefits like those of AFSCME members (Attachment C).
Updated Salary Schedule
Part of negotiations include providing eligible part-time employees with a COLA of
between 0% to 3%, as measured by the Consumer Price Index for All Urban Consumers
(CPI-U) for the Los Angeles-Long Beach-Anaheim metropolitan area covering the prior
twelve month period March to March. The COLA for this area and time period is 3%,
and the MOU stipulates that the COLA goes into effect on the MOU approval date,
which is tentatively scheduled for April 7, 2026. Should City Council approve the MOU
on this date, a resolution with an updated Salary Schedule that reflects the 3% COLA
to base salaries for all AFSCME job classifications as well as the part-time HR Specialist
classification must be adopted by City Council to go into effect. The resolution and
updated Salary Schedule are available under Attachment D.
CONCLUSION:
Based on the above discussion, the City Council is being asked to adopt three resolutions
that will: approve the AFSCME MOU for the period of July 1, 2025 through June 30, 2028
(Attachment A); place the Part-Time HR Specialist into a confidential, unrepresented
group with compensation and benefits similar to those of AFSCME members (Attachment
C); and update the Salary Schedule to reflect a negotiated 3% COLA for AFSCME
classifications and the part-time Human Resources Specialist classification effective April
7, 2026 (Attachment D). Adopting all three Resolutions will ensure the City’s
compensation documents remain current and consistent with approved labor agreements
and compensation policies.
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ALTERNATIVES:
In addition to the staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Do not adopt the attached Resolution approving the FY 2025-28 AFSCME MOU,
and direct staff to engage in further negotiations with AFSCME.
2. Do not adopt the attached Resolutions approving the compensation and benefits
for the Human Resources Specialist.
3. Do not adopt the attached Resolution updating the Salary Schedule effective April
7, 2026, and engage in further negotiations.
4. Take other action, as deemed appropriate.
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RESOLUTION NO. 2026-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA,
ACCEPTING, APPROVING, AND ADOPTING 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 OF JULY 1, 2025 THROUGH
JUNE 30, 2028
WHEREAS, the City Council of the City of Rancho Palos Verdes (“CITY”) adopted
Resolution 2023-44 on September 19, 2023, accepting, approving and
adopting a Memorandum of Understanding between the CITY and the American
Federation of State, County, and Municipal Employees District Council 36 (“AFSCME”)
for the period of July 1, 2023 through June 30, 2025 (“AFSCME MOU 2023-25”); and
WHEREAS, the City Council of the CITY subsequently approved a First, Second
and Third Amendment to the AFSCME MOU 2023-25; and
WHEREAS, the AFSCME MOU 2023-25 expired on June 30, 2025;
WHEREAS, the labor representatives of the CITY and AFSCME have successfully
met and conferred to negotiate a Tentative Agreement for an AFSCME MOU covering
the period July 1, 2025 through June 30, 2028 and which was accepted, approved and
adopted by the City Council on March 17, 2026 by means of Resolution No. 2026-18; and
WHEREAS, Resolution No. 2026-18 directed the labor representatives of the CITY
and AFSCME to jointly prepare a written memorandum of understanding in accordance
with the Tentative Agreement for an AFSCME MOU covering the period July 1, 2025
through June 30, 2028 and present same to the City Council at a future date for
consideration and approval; and
WHEREAS, the labor representatives of the CITY and AFSCME met and conferred
and jointly prepared the Fiscal Year (FY) 2025-2028 AFSCME MOU (Exhibit A) in
accordance with the Tentative Agreement for an AFSCME MOU covering the period July
1, 2025 through June 30, 2028; and
WHEREAS, the City Council now desires to accept, approve and adopt the FY
2025-28 AFSCME MOU.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
A-1
Section 1: The recitals set forth above are true and correct and incorporated herein
by this reference.
Section 2: The FY 2025-28 AFSCME MOU 2025-28 attached hereto as Exhibit A
is accepted, approved, and adopted and shall replace any and all prior AFSCME MOUs
and amendments thereto.
Section 3: The City Clerk shall certify to the adoption of this Resolution and deem
it effective as of July 1, 2025, which shall supersede and replace Resolution No. 2023-
44.
PASSED, APPROVED and ADOPTED this 7th day of April, 2026.
_____________________
Paul Seo, Mayor
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. 2026-__ was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on April 7, 2026.
_______________________
Teresa Takaoka, City Clerk
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TABLE OF CONTENTS
I. TERM ........................................................................................................................................................ 1
II. DEFINITION OF TERMS ...................................................................................................................... 1
III. MANAGEMENT RIGHTS ......................................................................................................................... 2
IV. UNION RIGHTS ......................................................................................................................................... 2
A. Union Access to City Facilities ................................................................................................................. 2
B. Bulletin Boards ........................................................................................................................................... 3
C. Distribution of Literature ............................................................................................................................ 3
D. Union Access to New Hires and Employee Information ............................................................................ 4
E. Dues Deduction .......................................................................................................................................... 4
F. Representative Rights ................................................................................................................................. 5
G. Union Prohibited Conduct .......................................................................................................................... 5
H. Internet Use and Electronic Mail ................................................................................................................ 5
V. COMPENSATION ........................................................................................................................................ 5
A. Initial Employment .................................................................................................................................... 5
B. Movement Within the Salary Range .......................................................................................................... 6
C. Top of the Range ........................................................................................................................................ 6
D. Hourly Wage Range Cost of Living Adjustment (COLA) ......................................................................... 6
E. Non-Exempt Employees Overtime ............................................................................................................ 7
F. Acting Pay................................................................................................................................................... 7
G. Performance Evaluations ........................................................................................................................... 7
H. Promotional Advancement ......................................................................................................................... 8
VI. BENEFITS .................................................................................................................................................. 8
A. Health Insurance Plans ............................................................................................................................... 8
B. Employee Assistance Program ................................................................................................................... 8
C. Life Insurance ............................................................................................................................................. 9
D. Accidental Death and Dismemberment ...................................................................................................... 9
E. Short-Term Disability Insurance ................................................................................................................. 9
F. California Public Employees' Retirement System (CalPERS) ................................................................... 9
G. Tuition Reimbursement ........................................................................................................................... 10
H. Workers' Compensation and Unemployment Insurance .......................................................................... 10
I. Uniforms .................................................................................................................................................... 11
J. Boot Reimbursement ................................................................................................................................. 11
VII. INCENTIVE PAY PROGRAM ................................................................................................................ 11
VIII. EMPLOYEE EXPENSES ....................................................................................................................... 11
A. Mileage and Parking Expenses ................................................................................................................. 11
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IX. AT-WILL STATUS OF EMPLOYEES ..................................................................................................... 12
X. LEAVES ...................................................................................................................................................... 12
A. Vacation Leave ........................................................................................................................................ 12
B. Sick Leave ................................................................................................................................................ 12
C. Bereavement Leave .................................................................................................................................. 14
D. Jury Duty .................................................................................................................................................. 14
E. Leave of Absence without Pay .................................................................................................................. 14
F. Military Leave .......................................................................................................................................... 16
G. Holiday Overtime (Admin Instruction 2-06) ............................................................................................ 16
H. Family and Medical Leave ....................................................................................................................... 16
XI. LAYOFF ................................................................................................................................................... 16
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 ........................................................................................................................................ 20
XV. ADMINISTRATIVE INSTRUCTIONS AND DEPARTMENTAL POLICIES ................................. 20
A. Administrative Instructions ...................................................................................................................... 20
B. Departmental Policies and Procedures ..................................................................................................... 21
XVI. WRITTEN NOTICE ............................................................................................................................... 21
XVII. OUTSIDE EMPLOYMENT (ADMIN INSTRUCTION 2-12) ......................................................... 21
XVIII. SAVINGS CLAUSE AND SEVERABILITY .................................................................................. 21
XIX. JOINT DRAFTING ............................................................................................................................... 21
XX. MODIFICATION ................................................................................................................................... 22
XXI. JOB DESCRIPTION ............................................................................................................................. 22
XXII. REOPENERS ....................................................................................................................................... 22
XXIII. SIGNATURE PAGE .......................................................................................................................... 23
XIV. APPENDIX A ........................................................................................................................................ 24
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MEMORANDUM OF UNDERSTANDING
between the
City of Rancho Palos Verdes and
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 July 1, 2025 through and including June 30, 2028, unless otherwise
expressly provided in this MOU.
II. DEFINITION OF TERMS
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, excluding
temporary employees and interns, is listed in Appendix A.
9. Evaluation Date: The date in which an employee is scheduled to receive their
performance review, if any.
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10. Fiscal Year: Fiscal year is the period July 1 thru June 30.
11. Nonexempt Employee: Any employee who is subject to the overtime pay
provisions of the federal Fair Labor Standards Act.
12. Personnel Officer: The City Manager or their designee shall serve as the
Personnel Officer as outlined in Municipal Code Section 2.46.030.
13. Reduction In Pay: A change in the salary of an employee to a lower rate within
the same salary range.
14. Suspension: The temporary unpaid leave of absence for disciplinary purposes for
a period not to exceed thirty (30) days per occurrence.
15. 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.
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; the right to lay off 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; the right to discipline employees, including the right to reprimand, suspend, reduce
in pay, demote and/or terminate employees; the right to relieve employees of duty, demote,
dismiss or terminate 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
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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 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.
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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, 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 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
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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 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 date of the City Council adoption of this MOU by
Resolution, the new hourly pay ranges for employees set forth in the accompanying salary
schedule shall be implemented.
A. Initial Employment
The rate of compensation for initial employment in any represented classification
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shall be determined by the City Manager at their sole discretion based upon factors
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 Cost of Living Adjustment (COLA)
Year One:
• Effective the date of the City Council adoption of this MOU, the City shall
provide a COLA to base hourly wage ranges for all classifications listed in
Appendix A and the current hourly wage of all Union represented employees
active at the time of adoption. The COLA percentage will not be 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 of March to
March.
• Based on the above, the COLA for Year One will be 3.0%, effective the date
of the City Council adoption of the MOU.
Year Two:
• Effective July 1, 2026, in lieu of a COLA, the City shall provide a one-time
bonus of one hundred dollars ($100) to all Union-represented employees on
payroll at that time. The bonus will be paid to all active employees on the pay
date of July 17, 2026.
Year Three:
• Effective July 1, 2027, the City shall provide a COLA to base hourly wage
ranges for all AFSCME classifications listed in Appendix A and the current
hourly wage of all Union-represented employees active as of the effective
date. The COLA percentage will not be less than 0% nor higher than a
maximum of three percent (3%), as measured by the 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 of March to
March.
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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 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 shall receive an annual performance evaluation once the employee
has completed 750 work hours (starting on the employee’s anniversary date) or
one year of employment, whichever occurs later.
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.
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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.
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 1 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 $4,300 for single coverage or $8,550 for eligible employees and
dependent coverage. Furthermore, the City’s annual contribution in future
calendar years may be established by City Council Resolution, and any such
contribution amount shall automatically supersede the prior year’s contribution
without the need to amend this MOU. 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.
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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.
F. California Public Employees' Retirement System (CalPERS)
Employees are eligible to be enrolled in the City's retirement system, CalPERS, 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
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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
Union (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.
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. All
coursework must be related to the employee’s current job within the City and be pre-approved
by Human Resources prior to enrollment to ensure it is reimbursable. Class time must not
interfere with the employee's normal duties, unless specifically authorized by the City
Manager.
The maximum amount of reimbursement in an academic year shall not exceed $1,000 per
employee participating in the program and is subject to final authorization by the City
Manager and the availability of available funds for this tuition reimbursement program.
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. A passing grade, or
a certificate of completion for courses that do not bear credit, is required to receive
payment.
Effective July 1, 2025, employees must work a minimum of 500 hours in a fiscal year to
be eligible for this program and maintain those hours during the one-year period
following the reimbursement.
The reimbursement will require a one-year claw back provision that will be reduced on
a pro-rata basis over the one-year period following reimbursement, in the event the
employee resigns from City employment within that one-year period.
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.
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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. If the injury requires immediate medical
attention, employees should call 9-1-1 for emergency medical services. For non-
emergency injuries, employees should promptly report the injury to the 24/7/365
on-call reporting center (currently “Company Nurse”). 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. Personal outerwear may be permitted over
uniforms, only during wet weather conditions. 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 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
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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 turn, 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 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
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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 or as permitted by law.
3. All paid sick leave is capped at eighty (80) hours per calendar year, including if
rolled over from the prior year, and has no vested interest or cash value.
4. Employees are limited to use forty (40) hours of sick leave in each year of
employment.
5. In order to receive paid sick leave, an employee must speak with their
supervisor at the earliest possible time, generally two (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.
6. Employees shall not be granted, and accordingly are not entitled to take, paid
sick leave in advance of its accrual.
7. 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 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.
8. Sick leave must be used in a minimum of fifteen (15) minute increments just
like the reporting of regular hours worked.
9. 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.
10. Upon termination or dismissal from employment, employees shall not be
granted, and accordingly are not entitled to be paid for accumulated sick leave.
11. A part-time employee who is hired to a full-time position with the City may
transfer remaining accrued part-time sick leave hours to the employee’s full-
time sick leave bank.
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C. Bereavement Leave
In the event of a verified death in an 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, an 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. 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.
2. Written evidence of jury duty attendance shall be presented to the Personnel
Officer.
3. 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 workforce 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
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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 Rule VII, 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
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 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.
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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) Martin Luther King Jr. Day (Third Monday of January)
b) President’s Day (Third Monday of February)
c) Memorial Day (Last Monday of May)
d) Independence Day (July 4th);
e) Labor Day (First Monday of September)
f) Veteran’s Day (November 11th)
g) Thanksgiving Day (Fourth Thursday of November)
h) The day after Thanksgiving (Fourth Friday in November)
i) Christmas Eve (December 24th)
j) Christmas Day (December 25th)
k) New Year's Day (January 1st )
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
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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. Generally, an uninterrupted, uncompensated meal period of thirty (30)
minutes will be provided for every shift of six (6) or more hours. The meal period
may not be combined with a rest period or used to compensate for a late arrival
or early departure from work. Any waiver of the meal period must be confirmed
by the employee in writing, except when there is a lack of coverage for a shift, as
determined by the Department Head. In the event that an employee is required to
work during a meal period, such time worked shall be compensated at the
employee’s hourly rate and the employee may be permitted to eat meal during
the working meal period.
2. Rest Periods: Rest periods for part-time employees are dependent upon the
particular shift, work location, and whether the employee has rest period
coverage. Scheduling of breaks will be at the discretion of the Department Head
or direct supervisor. Generally, an uninterrupted, compensated rest period of
fifteen (15) minutes will be provided for every shift of four (4) or more hours.
The rest period may not be combined with a meal period or used to compensate
for a late arrival or early departure from work. Rest periods shall have no
monetary value and shall be forfeited if not used during the work period.
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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 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.
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.
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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.
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
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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.
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
Employees are subject to the following Administrative Instructions and Department policies to
ensure the appropriate, uniform, and safe operations of the City, which include, but are not
limited to the following: 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
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(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 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
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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.
XXII. REOPENERS
The parties agree to reopen the contract for the purpose of the following:
A. 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.
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XXIII. SIGNATURE PAGE
American Federation of State, County and Municipal Employees, District Council 36 (AFSCME)
July 1, 2025 to June 30, 2028
City of Rancho Palos Verdes AFSCME District Council 36
_______________________________________ __________________________________
Ara M. Mihranian, City Manager Cory Cordova, AFSCME DC 36 Business
Representative
_______________________________________ __________________________________
Pam K. Lee, Chief Negotiator Quentin Thelen, Organizing Committee
_______________________________________ __________________________________
Catherine Jun, Deputy City Manager Dana Torrey, Organizing Committee
_______________________________________
Vina Ramos, Director of Finance
_______________________________________
Vanessa Godinez, Human Resources & Risk
Manager
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XIV. APPENDIX A
(PART-TIME CLASSIFICATIONS REPRESENTED BY AFSCME)
1. Code Enforcement Officer
2. Information Technology (IT) Specialist
3. Open Space and Trails Crew Lead
4. Open Space and Trails Worker
5. Permit Clerk
6. Public Safety Liaison
7. Public Safey Field Training Officer
8. Park Ranger
9. Recreation Leader
10. Recreation Specialist
11. Senior Recreation Leader
12. Senior Staff Assistant
13. Staff Assistant
14. Television Producer
15. Television Producer (On-Camera)
B-27
RESOLUTION NO. 2026-__
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES, CALIFORNIA,
ACCEPTING, APPROVING, AND ADOPTING THE
COMPENSATION AND BENEFITS FOR THE
UNREPRESENTED AND CONFIDENTIAL PART-
TIME HUMAN RESOURCES SPECIALIST
CLASSIFICATION FOR THE PERIOD OF JULY 1,
2025 THROUGH JUNE 30, 2028
WHEREAS, the City and the American Federation of State, County and Municipal Employees
(AFSCME) District Council 36 have successfully met and conferred to negotiate a Tentative
Agreement on a successor AFSCME MOU for the period of July 1, 2025 through June 30, 2028
(Fiscal Year (FY) 2025-28 AFSCME MOU) pursuant to the Meyers-Millais-Brown Act (MMBA)
(Government Code sections 3500-3511) and the City’s Employer-Employee Relations Resolution
No. 2018-23; and
WHEREAS, the City’s labor representatives and AFSCME representatives prepared a written
Tentative Agreement regarding the terms for the successor FY 2025-28 AFSCME MOU , which was
ratified on March 6, 2026 by the AFSCME membership, and then adopted by the City Council on
March 17, 2026; the FY 2025-28 AFSCME MOU was adopted by the City Council on April 7, 2026
per Resolution No. 2026-___; and
WHEREAS, the City Council desires to move the part-time classification of Human Resources
Specialist out of AFSCME and into an unrepresented and confidential group, as well as approve
similar amended compensation and benefits, as are provided to AFSCME represented employees.
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 approves the following amended compensation and benefits for
the Human Resources Specialist:
• Cost of Living Adjustments (COLAs)
Year 1 – Effective the date of the City Council adoption of the FY 2025-28 AFSCME
MOU, provide a Cost of Living Adjustment (COLA) of between 0% to 3%, as
measured by the Consumer Price Index for All Urban Consumers (CPI-U) for the Los
Angeles-Long Beach-Anaheim metropolitan area covering the prior twelve month
period March to March.
Year 2 – Effective July 1, 2026, in lieu of a COLA, the City shall provide a one hundred
dollar ($100) bonus if employment status is active as of July 1, 2026.
Year 3 – Effective July 1, 2027, provide a COLA of between 0% to 3%, as measured
by the Consumer Price Index for All Urban Consumers (CPI-U) for the Los Angeles-
Long Beach-Anaheim metropolitan area covering the prior twelve-month period
March to March.
C-1
• Performance Evaluations
An employee shall receive an annual performance evaluation once the employee has
completed 750 work hours (starting on the employee’s last performance evaluation
due date) or one year of employment, whichever occurs later.
• Tuition Reimbursement
The City agrees to increase employee tuition reimbursement up to $1,000 per
academic year for coursework related to the employee’s job and be pre-approved
prior to enrollment to ensure it is reimbursable. The reimbursement will require a one-
year claw back provision that will be reduced on a pro-rata basis over the one-year
period, in the event the employee leaves City employment within that 1-year period.
Effective July 1, 2025, employees must work a minimum of 500 hours in a fiscal year
to be eligible and maintain those hours during the one-year period following the
reimbursement.
• Sick Leave
Eligible employees shall accrue paid sick days at the rate of 1 hour per every 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 or as
permitted by law.
All paid sick leave is capped at eighty (80) hours per calendar year, including if rolled
over from the prior year, and has no vested interest or cash value.
Employees are limited to use forty (40) hours of sick leave in each year of
employment.
If hired to a full-time position with the City, employees may transfer remaining accrued
part-time sick leave hours to the employee’s full-time sick leave bank.
• Additional Federal Holidays
The City agrees to observe three (3) additional federal holidays, Martin Luther King
Jr. Day, Presidents Day, and Veterans Day. The City agrees to pay holiday overtime
pay for working any hours during an observed holiday.
All other compensation and benefits not expressly amended or addressed in this resolution shall be
the same as the FY 2025-28 AFSCME MOU.
Section 3: The City Clerk shall certify to the adoption of this Resolution and deem it effective
as of July 1, 2025, the same shall be in force and effect.
C-2
PASSED, APPROVED, and ADOPTED this 7th day of April 2026.
Paul Seo, Mayor
ATTEST:
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, THERESA TAKAOKA, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above
Resolution No. 2026- ___ was duly and regularly passed and adopted by the said City Council at a
regular meeting thereof held on April 7, 2026.
Teresa Takaoka, City Clerk
C-3
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, CALIFORNIA,
AMENDING, RESTATING, AND SUPERSEDING
RESOLUTION NO. 2025-90 THAT UPDATES THE
SALARY SCHEDULE FOR ELIGIBLE PART-TIME
EMPLOYEES TO REFLECT A THREE PERCENT COST
OF LIVING ADJUSTMENT EFFECTIVE APRIL 7, 2026.
WHEREAS, the City Council adopted Resolution No. 2025-90 on December 16, 2025
that sets an updated Salary Schedule (for full-time and part-time employees); and
WHEREAS, the City Council now desires to amend the City’s Salary Schedule to
reflect updated salary ranges for all eligible part-time employees including a confidential,
unrepresented Human Resources Specialist and members represented by the American
Federation of State, County and Municipal Employees (AFSCME) District Council 36,
based on a cost of living adjustment (COLA) wage increase of three percent (3%) effective
the date of the City Council approval of the successor Memorandum of Understanding
(MOU) for fiscal years 2025-2028; and
WHEREAS, Section 36506 of the California Government Code requires that the
City Council fix the compensation of all appointive officers and employees by resolution
or ordinance; and,
WHEREAS, Rule V of the Personnel Rules of the City provides that in order to
amend the City’s Salary Schedule, those amendments must be made via Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The salary and hourly ranges for the City job classifications as set forth
in Exhibit “A” which are attached hereto and incorporated herein by this reference, are
adopted on April 7, 2026 and are effective as of April 7, 2026.
Section 2: Resolution No. 2025-90 is hereby amended, restated, and
superseded and replaced by this resolution to reflect updated salary ranges for all
eligible part-time employees including a confidential, unrepresented Human
Resources Specialist and members represented by the American Federation of
State, County and Municipal Employees (AFSCME) District Council 36, based on a
three percent (3%) COLA effective April 7, 2026.
Section 3: This resolution shall be effective on April 7, 2026. The City Clerk shall
certify the adoption of this Resolution.
D-1
PASSED, APPROVED and ADOPTED this 7th day of April, 2026.
_____________________________
Paul Seo, Mayor
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. 2026-__ was duly and regularly passed and adopted by
the said City Council at a regular meeting thereof held on April 7, 2026.
__________________________
Teresa, Takaoka, City Clerk
D-2
COMPETITIVE POSITIONS (RPVEA)MINIMUM ANNUAL
SALARY SALARY
Accountant $89,816 $116,761
Accounting Clerk $61,419 $79,845
Accounting Manager $116,529 $151,487
Accounting Technician $69,522 $90,378
Administrative Analyst $87,057 $113,173
Administrative Assistant $72,747 $94,570
Assistant Engineer $99,766 $129,697
Assistant Planner $85,453 $111,089
Associate Engineer $113,744 $147,867
Associate Planner $95,033 $123,543
Building Inspector $82,978 $107,865
Cable TV Station Manager $95,525 $123,750
Code Enforcement Officer $79,833 $104,155
Deputy City Clerk $81,086 $105,411
Engineering Technician $76,445 $99,273
Geographic Information Systems Coordinator $99,748 $129,673
Lead Worker $70,803 $91,966
Maintenance Superintendent $134,287 $174,575
Maintenance Supervisor $87,676 $113,561
Maintenance Worker $63,192 $82,149
Open Space & Trails Coordinator $74,182 $96,435
Open Space & Trails Manager $134,287 $174,575
Open Space & Trails Supervisor $89,017 $115,722
Park Ranger $59,793 $77,730
Permit Clerk $60,254
$71,950
$110,863
$102,975
$90,190
$107,059
Revised to reflect a 3.0% increase for Part-time classifications only, effective April 7, 2026
Resolution No. 2026-___ Exhibit A
Salary Schedule for Competitive, Confidential and Management positions
D-3
CONFIDENTIAL POSITIONS (UNREPRESENTED GROUP)MINIMUM ANNUAL
SALARY SALARY
Accounting Supervisor $113,612 $147,696
Executive Assistant $80,996 $105,297
Human Resources Analyst $91,661 $119,159
SALARY SALARY
Assistant to the City Manager $120,829 $157,078
Building Official $146,168 $190,019
City Clerk $146,168 $190,019
City Manager^$273,800
Deputy City Manager $195,619 $254,304
Deputy Director of Community Development $156,112 $202,945
Deputy Director of Finance $156,112 $202,945
Deputy Director of Public Works $156,112 $202,945
$178,442 $231,976
^separate contract
PART-TIME POSITIONS MINIMUM HOURLY RATE MAXIMUM HOURLY RATE
* Position is considered Confidential/Unrepresented
D-4
E-1
I
I
I
RESOLUTION NO. 2026-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, CALIFORNIA,
ACCEPTING, APPROVING, AND ADOPTING THE
TENTATIVE AGREEMENT FOR A SUCCESSOR
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 OF JULY 1, 2025 THROUGH JUNE 30, 2028
WHEREAS, the City Council of the City of Rancho Palos Verdes ("CITY") adopted
Resolution 2023-44 on September 19, 2023, accepting, approving and adopting a
Memorandum of Understanding between the CITY and the American Federation of State,
County, and Municipal Employees District Council 36 ("AFSCME") for the period of July
1, 2023 through June 30, 2025 ("AFSCME MOU 2023-25"); and
WHEREAS, the AFSCME MOU 2023-25 expired on June 30, 2025; and
WHEREAS, the labor representatives of the CITY and AFSCME have successfully
met and conferred to negotiate a Tentative Agreement on a successor AFSCME MOU for
the period of July 1, 2025 through June 30, 2028 (AFSCME MOU 2025-28) pursuant to
the Meyers-Millais-Brown Act (MMBA) (Government Code sections 3500-3511) and the
City's Employer-Employee Relations Resolution No. 2018-23; and
WHEREAS, the labor representatives of the CITY and AFSCME prepared the
attached written Tentative Agreement (Exhibit A) regarding the negotiated points for the
successor AFSCME MOU 2025-28, which was ratified on March 6, 2026 by the AFSCME
membership and executed by the respective labor representatives; and
WHEREAS, once the City Council adopts the Tentative Agreement, the parties are
required to jointly prepare a written successor MOU to present to City Council for
consideration and adoption consistent with the Tentative Agreement; and
WHEREAS, once approved by the City Council, the Tentative Agreement and the
successor AFSCME MOU 2025-28 become binding agreements between the parties,
each in their own right; and
WHEREAS, upon City Council adoption of the Tentative Agreement, the salary
and benefit changes outlined therein shall be incorporated into the annual budget for
Fiscal Year 2025-26; and
WHEREAS, the City Council desires to approve the Tentative Agreement for the
successor AFSCME MOU 2025-28.
E-2
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 approves the executed Tentative Agreement for a
successor AFSCME MOU 2025-28 for the period of July 1, 2025 -June 30, 2028, a fully
executed copy of which is attached hereto as Exhibit A.
Section 3: The City Council directs the labor representatives of the City and
AFSCME to jointly prepare a written memorandum of understanding in accordance with
the Tentative Agreement and present same to the City Council at a future date for
consideration and approval.
Section 4: The City Clerk shall certify to the adoption of this Resolution and deem
it effective as of March 17, 2026 the same shall be in force and effect.
PASSED, APPROVED and ADOPTED this 17th day of March, 2026.
Paul~
ATTEST:
~~ eres~oka, 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. 2026-18 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on March 17, 2026.
Resolution No 2026-18
Page 2 of 2
I
I
I
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CITVOF�CHO PALDS \/tROEs
TENTATIVE AGREEMENT
FOR A SUCCESSOR MEMORANDUM OF UNDERSTANDING
Per Gov't Code Section 3505.1
Between
The City of Rancho Palos Verdes and
the American Federation of State, County, and Municipal Employees (AFSCME)
District Council 36
The current Memorandum of Understanding between the City of Rancho Palos Verdes ("City")
and the American Federation of State, County, and Municipal Employees District Council 36
("AFSCME"), including the First Amendment and the Second Amendment, expired at midnight
on June 30, 2025 ("AFSCME MOU 2022-2025"). In May 2025, the City's labor representatives
and the AFSCME representatives commenced labor negotiations, including exchange of
information, exchanges of proposals, meet and confer sessions, towards reaching agreement
on a successor memorandum of understanding. On February 6, 2026, the parties reached a
complete tentative agreement on a successor MOU, the deal points of which are set forth below
and affirmed by execution of this Tentative Agreement by the parties' labor representatives
subject to AFSCME member ratification and then City Council approval and adoption.
1.Successor MOU: All terms and conditions of the prior AFSCME MOU 2022-2025 shall
be maintained for the duration of the successor AFSCME MOU 2025-2028 unless
expressly modified or changed herein.
2.Term/Duration: Update Article I to reflect a three (3) year term from July 1, 2025 to June
30, 2028.
3.Hourly Wage Range COLA: Update Article V, Section D, to provide a Cost of Living
Adjustment (COLA) of between 0% to 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 metropolitan area covering the prior twelve month period
March to March for Year 1, which will be effective on City Council approval of the MOU,
and for Year 3, which begins on July 1, 2027. For Year 2, in lieu of a COLA, the City shall
provide a one-hundred dollar ($100) bonus to all employees employed as of July 1, 2026.
4.Performance Evaluations: Update Article V, Section G, to provide that an employee
shall receive an annual performance evaluation once the employee has completed 750
work hours (starting on the employee's anniversary date) or one year of employment,
whichever occurs later.
5.Tuition Reimbursement: Update Article VI, Section G, to increase tuition reimbursement
to up to one-thousand dollars ($1,000) per employee per academic year, subject to
requiring coursework to be related to the employee's job and to be pre-approved prior to
class enrollment to ensure it is reimbursable. This reimbursement will also require a 1-
year clawback provision that will be reduced on a pro-rata basis over the 1-year period, in
the event the employee leaves City employment within that 1-year period. Effective July
1 8-1E-3
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1, 2025, employees must work a minimum of 500 hours in a fiscal year to be eligible for
the program and maintain those hours per fiscal year during the 1-year period following
the reimbursement.
6.Uniforms: Update Article VI, Section I, to provide that use/wearing of personal outerwear
may be permitted over uniforms, but only during wet weather conditions.
7.Holiday Overtime: Update Article X, Section G, to provide that employees shall receive
holiday overtime pay for working any hours the following three federal holidays: Martin
Luther King, Jr. Day, Presidents Day, and Veterans Day.
8.Meal Periods: Update Article XII, Section B.1, to clarify the language to be, in its entirety,
as follows:
Meal periods for part-time employees are dependent upon the particular shift,
work location, and whether the employee has meal period coverage.
Generally, an uninterrupted, uncompensated meal period of thirty (30) minutes
will be provided for every shift of six (6) or more hours. The meal period may
not be combined with a rest period or used to compensate for a late arrival or
early departure from work. Any waiver of the meal period must be confirmed
by the employee in writing, except when there is a lack of coverage for a shift,
as determined by the Department Head. In the event that an employee is
required to work during a meal period, such time worked shall be compensated
at the employee's hourly rate and the employee may be permitted to eat meal
during the working meal period.
9.Rest Periods: Update Article XII, Section B.2, to clarify the language to be, in its entirety,
as follows:
Rest Period. Rest periods for part-time employees are dependent upon the
particular shift, work location, and whether the employee has rest period
coverage. Scheduling of breaks will be at the discretion of the Department
Head or direct supervisor. Generally, an uninterrupted, compensated rest
period of fifteen (15) minutes will be provided for every shift of four (4) or more
hours. The rest period may not be combined with a meal period or used to
compensate for a late arrival or early departure from work. Rest periods shall
have no monetary value and shall be forfeited if not used during the work
period.
10.Sick Leave Accrual Cap and Annual Usage: Amend Article X, Section 8(2)(3) to meet
the requirements of State law, as follows:
2.In accordance with applicable state law, 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 or as
permitted by law.
2
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3.In accordance with applicable state law, all paid sick leave is capped at
eighty (80) hours per calendar year, including if rolled over from the prior year,
and has no vested interest or cash value or as permitted by law.
Update Article X, Section B to add a provision that memorializes current practice that caps
the annual usage of paid sick leave, in accordance with State law:
10.In accordance with applicable state law, employees are limited to use forty
(40)hours of sick leave in each year of employment.
11.Carryover Sick Leave -Update Article X, Section B to add a provision that memorializes
current practice of carrying over accrued part-time sick leave hours when transitioning to
a full-time position with the City:
11.If an eligible part-time employee is hired to a full-time position with the City,
any remaining accrued part-time sick leave hours will be transferred to the
employee's full-time sick leave bank.
City of Rancho Palos Verdes
[@-Ari:r'lvf_9'rvftt1ranian -City Manager
Pam K. Lee -Chief Negotiator
Signed by:
C Lin -Deputy City Manager
G=·�.1 Vina3i:faH109S :._ Director of Finance
a�����,��dinez -Human Resources &
Risk Manager
3
AFSCME District Council 36
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Signed by:
��f� AFSCME
Business Representative
DC 36
Dan°a0'f'ore0y°'= Organizing Committee
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Que119ffr,0'f'ffe1en -Organizing Committee
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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
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TABLE OF CONTENTS
Pa2e
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. SickLeave .............................................................................................................. 13
C. Bereavement Leave ................................................................................................ 14
D. JuryDuty ................................................................................................................ 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 ..................................................................................................... 1 7
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:
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1.
2.
3.
4 .
5.
6.
7.
8.
City: The City of Rancho Palos Verdes .
City Manager: The duly appointed City Manager of the City of Rancho
Palos Verdes or his/her designee.
Classification: A position or positions assigned to the same job title.
Competitive Service : The competitive service established by Section
2.46.040 of the Rancho Palos Verdes Municipal.
Day: Unless otherwise indicated , day means calendar day .
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.
Dismissal: The discharge of the Employee from City service. Discharge and
dismissal are used interchangeably in this MOU.
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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9.
10.
11.
12.
13.
14 .
15.
16.
17.
18 .
19 .
excluding temporary employees and interns, is listed in Appendix A
attached hereto.
Evaluation Date: The date in which an Employee is scheduled to receive
their performance review, if any.
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).
Fiscal Year: Fiscal year is the period July 1 thru June 30.
Nonexempt Employee: Any employee who is subject to the overtime pay
provisions of the federal Fair Labor Standards Act.
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.
Personnel Officer: The City Manager or their designee shall serve as the
Personnel Officer as outlined in Municipal Code Section 2.46.030.
Reduction In Pay: A change in the salary of an employee to a lower rate
within the same salary range .
Suspension: The temporary unpaid leave of absence for disciplinary
purposes for a period not to exceed thirty (30) days per occurrence .
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.
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.
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.
2.
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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.
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, itis
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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.
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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.
2.
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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.
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
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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
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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
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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
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All employees are required to part1c1pate 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)
01203.0021/914449. l
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)
b)
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.
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
0120 3.002 1/914449. l
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 turn, 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.
2.
3.
4.
5.
6.
01203.0021/914449. l
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.
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 (90 th) day of employment.
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 .
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.
Employees shall not be granted, and accordingly are not entitled to take,
paid sick leave in advance of its accrual.
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.
01203.0021/914449. l
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
01203.0021/914449. l
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.
2.
3.
4.
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.
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.
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.
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)
01203.0021/914449. l
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 ( 1 ½) times their regular hourly rate of pay for all hours worked on
the holiday:
a)
b)
c)
d)
e)
f)
g)
h)
Memorial Day (Last Monday in May);
Independence Day (July 4th);
Labor Day (1 st Monday in September);
Thanksgiving Day (4 th Thursday inNovember);
The day after Thanksgiving (4 th Friday in November);
Christmas Eve (December 24th );
Christmas Day (December 25 th); and
New Year's Day (January pt).
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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.
01203.0021/914449. l
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
01203.0021/914449. l
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.
2.
3.
Improper application of rules , regulations and procedures.
Unfair treatment, including coercion, restraint and reprisal.
Improper procedures utilized in employee layoff.
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4. Discrimination because of race, religious creed, color, national ongm,
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
gnevance .
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 gnevance
procedure as appropriate.
C. Formal Grievance Procedure
0120 3.002 1/914449. l
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.
2.
3.
4.
5.
6.
7.
01203.002 1/9 14449. l
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 .
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.
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.
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.
The employee and the City have the right to representation at any step in
the grievance process.
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.
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. SA VIN GS 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 .
01203.002 1/9 14449. l 22
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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
i ~ ~ E6462Z69l 1944CG
Ara Mihranian
City Manager
Julie DeZiel
Human Resources Manager
GDocuSigned by:
(,,_-:--&,,t"..__ J· ,/4,1M,tfl---
D6865547A4EB40 A
Colin Tanner
Deputy City Attorney/Lead Negotiator
01203.002 1/9 14449. l 23
AFSCME District Council 36
Organizing Committee
Dana C Torrey II
Dana Torey
Organizing Committee
Quentin Thelen
Organizing Committee
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APPENDIX A
(REPRESENTED CLASSIFICATIONS & HOURLY PAY RANGES)
Classifications
Recreation Leader I
Recreation Leader II
Recreation Specialist
Part-time Ranger
Television Producer
Television Producer On Camera
Part-time Staff Assistant I
Part-time Staff Assistant II
Permit Clerk
Code Enforcement
City Hourly Pay Range
$19.00 to $24.70
$21.85 to $28.41
$25.13 to $32.67
$22.45 to $29.17
$28.75 to $37.38
$33.00 to $42.91
$23.13 to $30.05
$26.29 to $34.14
$25.73 to $33.42
$35.24 to $45.77
California minimum wage effective 1/01/2023 is $15.50 per hour.
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FIRST AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING
Between the
City of Rancho Palos Verdes
and
American Federation of State, County and Municipal
Employees District Council 36
July 1, 2023 -June 30, 2025
F-29
DocuSign Envelope ID: 64E8BC02-3246-4C26-8FBE-4A5D09414DE3
FIRST AMENDMENT TO 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 of July 1, 2023 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 American Federation of State, County and Municipal Employees District Council
36 ("AFSCME DC36") 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, part-time employees in the classifications listed on Exhibit "A" to
the Memorandum of Understanding between the CITY and AFSCME DC36 for the period July
1, 2023 through June 30, 2025 ("AFSCME DC36 MOU 2023-25"), and adopted by Resolution
No. 2023-044 on September 19, 2023 . This First Amendment to the AFSCME DC36 MOU
2023-25 is entered into this 14th day of November 2023 , by and between the CITY and
AFSCME DC36. 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 AFSCME DC36 MOU 2023-25 remaining in full force and effect.
AFSCME DC36 MOU 2023-25 , ARTICLE VI Benefits , Section A , subsection 2 , currently
provides as follows:
A . Health Insurance Plans
2. 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 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 ages (50+) and coverage level.
ARTICLE VI Benefits, Section A, subsection 2, shall be superseded and replaced in full with the
following language upon City Council approval of this First Amendment to the AFSCME DC36
MOU 2023-25:
A . Health Insurance Plans
2. 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 eligible
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 eligible employee's
HSA plan will increase to $4,150 for single coverage or to $8,300 for employee
F-30
DocuSign Envelope ID: 64E8BC02-3246-4C26-8FBE-4A5D09414DE3
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 ages ( 50+) and coverage level.
IT IS SO AGREED:
City of Rancho Palos Verdes
I/ DocuSigned by:
L@.::-
Ara M. Mihranian
City Manager
~~•d;:~b
Eileen Jacinto
Acting Human Resources Manager
rz:;z:~:~ J ~/1M,lft--
L e.eoe554TA4EB4M ...
Colin Tanner
Deputy City Attorney/Lead Negotiator
2
American Federation of State, County and
Municipal Employees District Council 36
r=DocuSigned by:
~
Corey Cordova
AFSCME DC36 Business Representative
Dana Torey
Organizing Committee
~Do'"s;go,d by:
~~'~
Quentin Thelen
Organizing Committee
F-31
DocuSign Envelope ID: ABD493D8-0C72-4D92-9DAB-241 CE34962D0
SECOND AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING
Between the
City of Rancho Palos Verdes
and
American Federation of State, County and Municipal
Employees District Council 36
July 1, 2023 -June 30, 2025
F-32
DocuSign Envelope ID: ABD493D8-0C72-4D92-9DAB-241 CE34962D0
SECOND AMENDMENT TO 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 of July 1, 2023 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 American Federation of State, County and Municipal Employees District Council
36 ("AFSCME DC36") 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, part-time employees in the classifications listed in Exhibit "A" to the
Memorandum of Understanding between the CITY and AFSCME DC36 for the period of July 1,
2023 through June 30, 2025 ("AFSCME DC36 MOU 2023-25"), and adopted Resolution No.
2023-044 on September 19, 2023.
Thereafter, the parties entered into a First Amendment to the AFSCME DC36 MOU 2023-25 dated
November 14, 2023 ("First Amendment"), which became effective upon City Council adoption on
November 14, 2023, to address the CITY's contribution to employee health insurance plans, all
other terms and conditions of the AFSCME DC36 MOU 2023-25 remained in full force and effect.
Thereafter, the parties met and conferred pursuant the requirements of the MMBA regarding the
findings of the Public Sector Personnel Consultants' ("PSPC") Classification and Compensation
Study ("Study") previously contracted for by the CITY. The parties reached the Tentative
Agreement set forth below based in part upon the recommendations from the Study and these
ensuing negotiations, which Tentative Agreement has been memorialized in this Second
Amendment of the AFSCME DC36 MOU 2023-25 ("Second Amendment"), with all other terms
and conditions of the AFSCME DC36 MOU 2023-25 and the First Amendment thereto remaining
in full force and effect. This Second Amendment becomes effective upon City Council adoption.
The parties have also agreed to the following Association represented classification title changes
effective upon City Council approval of this Second Amendment:
Current Title Title Change
Part-time Staff Assistant II Part-time Senior Staff Assistant
Part-time Recreation Part-time Senior Recreation Leader
Leader II
Part-time Recreation Part-time Recreation Leader
Leader I
Part-time Recreation Part-time Open Space and Trails
Specialist Specialist
Part-time Recreation Part-time Open Space and Trails Crew
Leader II Lead
Part-time Recreation Part-time Open Space and Trails Worker
Leader I
Page 2 of 3
AFSCME DC36 MOU 2023-25 Second Amendment
F-33
DocuSign Envelope ID: ABD493D8-0C72-4D92-9DAB-241 CE34962D0
In addition, the parties agree to the addition of the following new part-time classifications:
Part-time Human Resources Specialist
Part-time IT Specialist
Part-time Public Safety Liaison
Part-time Public Safety Manager
Based upon the above title changes and the creation of new part-time positions, the parties agree
that the attached Exhibit A Salary and Hourly Schedule shall update the Appendix A to the
AFSCME DC36 MOU 2023-25 for purposes of setting forth the current AFSCME DC36
represented classification titles and corresponding pay ranges effective upon City Council adoption
of this Second Amendment.
IT IS SO AGREED:
IT IS SO AGREED:
City of Rancho Palos Verdes
[c OocuSigned by: ~
Ara M. Mihranian
City Manager
Eileen Jacinto
Human Resources Analyst
Colin Tanner
Deputy City Attorney/Lead Negotiator
Page 3 of 3
AFSCME DC36 MOU 2023-25 Second Amendment
American Federation of State, County and
Municipal Employees District Council 36
Mat Kostrinsky
AFSCME DC36 Business Representative
Dana Torey
Organizing Committee
Quentin Thelen
Organizing Committee
Docusign Envelope ID: DC6A8CE4-7953-42A8-A269-35B4006B6FD7
F-34
THIRD AMENDMENT TO
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
Resolution No. 2024-67
Exhibit 1
Page 1 of 3
Docusign Envelope ID: DC6A8CE4-7953-42A8-A269-35B4006B6FD7
F-35
THIRD AMENDMENT TO 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 of July 1, 2023 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 American Federation of State, County and Municipal Employees, District
Council 36 ("AFSCME") 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, part-time employees in the classifications listed on Appendix "A"
to the Memorandum of Understanding between the CITY and AFSCME for the period July 1,
2023 through June 30 , 2025 ("AFSCME MOU 2023-25"), and adopted by Resolution No. 2023-
044 on September 19, 2023.
Thereafter, the parties entered into a First Amendment to the AFSCME MOU 2023-25 ("First
Amendment"), which became effective upon City Council adoption on October 17, 2023, to
address the CITY' s contribution to employee health insurance plans , with all other terms and
conditions of the AFSCME MOU 2023-25 remained in full force and effect.
Thereafter, the parties entered into a Second Amendment to the AFSCME MOU 2023-25
("Second Amendment"), which became effective upon City Council adoption on March 19,
2024 , to address the recommendations from the Classification and Compensation Study , with all
other terms and conditions of the AFSCME MOU 2023-25 remained in full force and effect.
Thereafter, by and between the CITY and AFSCME. This Third Amendment shall only become
effective upon City Council adoption and makes only those changes reflected herein below, all
other terms and conditions of the AFSCME MOU 2023-25 remaining in full force and effect.
AFSCME MOU 2023-25, ARTICLE VI Benefits, Section A, subsection 2, currently provides as
follows:
A. Health Insurance Plans
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 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 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 eligible employee's HAS plan wi11 increase to $4,150
for single coverage or to $8,300 for employee 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 ages (50+) and coverage level.
Resolution No. 2024-67
Exhibit 1
Page 2 of 3
Docusign Envelope ID: DC6A8CE4-7953-42A8-A269-35B4006B6FD7
F-36
ARTICLE VI Benefits, Section A, subsection 2, shall be superseded and replaced in full with the
following language upon City Council approval of this Third Amendment to the RPVEA MOU
2023-25:
A. Health Insurance Plans
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 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 for the 2024 calendar year is $4,150 for
single coverage or $8 ,300 for employee and dependent coverage. Effective
for the 2025 calendar year and going forward , the City's annual
contribution to an eligible employee's HAS plan will increase to $4,300
for single coverage or to $8,550 for employee 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 ages (50+) and coverage level.
IT IS SO AGREED:
City of Rancho Palos Verdes
[@-_____________ _
E~WMf4Mihranian -City Manager
~~~
~ntihm11:e6Jun -Deputy City Manager
GSignedby:
\Li1JA1 ✓$$1A, btJ)i1A117
¥~re~odinez -Human Resources and
Risk Manager
American Federation of State, County and
Municipal Employees, District Council 36
(" AFSCME ")
~]~ -AFSCME DC36 Business
Representative
~;a~r~arrizing Committee
'~~tfuuM,
~m,ntiw2.F:iii.:@len -Organizing Committee
Resolution No. 2024-67
Exhibit 1
Page 3 of 3
G-1
RESOLUTION NO. 2018-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, CALIFORNIA, ADOPTING A
COMPREHENSIVE POLICY PERTAINING TO
COMMUNICATIONS AND RELATIONS BETWEEN THE CITY
OF RANCHO PALOS VERDES AND ITS EMPLOYEES
WHEREAS, Chapter 10, Division 4, Title 1 of the Government Code of the State
of California (Section 3500 et seq.) was enacted for the purpose of promoting full
communication and improved employer-employee relations between public employers
and their employees by establishing uniform and orderly methods of communication
between employees and the public agencies by which they are employed; and,
WHEREAS, Government Code Section 3507 empowers a city to adopt reasonable
rules and regulations for the administration of employer-employee relations after
consultation in good faith with representatives of its employee organizations regarding
such proposed rules and regulations; and,
WHEREAS, there is a need to clarify and establish policies and procedures to
determine Appropriate Employee Units, to recognize Employee Organizations as
representatives of the employees in an employee unit, and to provide for changes thereof;
and,
WHEREAS, from time to time, the City or an Employee Organization may desire
to add classes or to delete classes from a recognized unit; and,
WHEREAS, the City has recognized the Rancho Palos Verdes Employees
Association (RPVEA) as the authorized representative for the Competitive Unit which is
comprised of non-management, full-time employees; and,
WHEREAS, the City may be requested to recognize other Employee
Organizations to represent employees in the aforementioned employee unit in their
employer-employee relations with the City; and,
WHEREAS, the Municipal Employee Relations Representative of the City of
Rancho Palos Verdes ("City"), as defined herein below, has met and conferred in good
faith with the employee representatives of the City's Recognized Employee Organization,
as hereinafter defined, regarding the preparation of reasonable rules and regulations for
the administration of employer-employee relations in the form of a new and complete
Employer-Employee Relations Resolution; and,
WHEREAS, the City Council believes that it is in the best interests of the City and
its employees to adopt a comprehensive and complete Employer-Employee Relations
Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
G-2
1. Pursuant to Government Code Section 3500, et seq., the City Council
hereby adopts a policy, as set forth in Exhibit "A" attached hereto and incorporated by
reference, which will provide orderly procedures for the administration of employer
employee relations between the City and its employee organizations.
2. This resolution shall take effect immediately upon adoption.
PASSED, APPROVED, AND ADOPTED this 17th day of April 2018.
ATTEST:(:
\
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. 2018-23, was duly and re~ ly passed and adopted by the
said City Council at a regular meeting thereof held on ~pr 17, 2018.
Resolution No. 2018-23
Page 2 of 2
G-3
ARTICLE I. GENERAL PROVISIONS
Section 1. Title of the Resolution
This Resolution shall be known as the Employer-Employee Relations Resolution
of the City of Rancho Palos Verdes.
Section 2. Statement of Purpose
2.1 This Resolution is adopted as authorized under Chapter 10, Division 4,
Title 1 of the California Government Code (Sections 3500 et seq.), entitled the Meyers
Milias-Brown Act ("MMBA"), to provide reasonable, uniform and orderly procedures for
the administration of employer-employee relations between the City and its employees,
procedures for the recognition and/or decertification of employee organizations,
procedures for determining appropriate units of representation and/or modifying such
units, and a reasonable, uniform and orderly method for the resolution of questions
regarding wages, hours, and other terms and conditions of employment of City
employees. This Resolution rescinds and supersedes all previous resolutions pertaining
to employer/employee relations, with the exception of any duly adopted Personnel Rules,
Memorandum of Understanding, Tentative Agreements, and Side Letter Agreements.
Section 3. Definitions
Except as otherwise specifically provided below, the terms used in this Resolution
shall be defined in the same way as such terms are defined in the MMBA. In addition,
the following definitions are adopted for terms used in this Resolution.
3.1 "Appropriate unit" or "Employee unit of representation" means a unit of
employee classes or positions, established pursuant to Article II hereof.
3.2 "City" shall mean the City of Rancho Palos Verdes, a general law city and
municipal corporation, and where appropriate herein, "City" also refers to the City Council,
the governing body of said City, or any duly authorized representative of the City of
Rancho Palos Verdes.
3.3 "Confer in good faith": See "Meet and Confer in Good Faith."
3.4 "Confidential Employee" means any employee who is required to develop
or present management positions with respect to meeting and conferring or whose duties
normally require access to confidential information which contributes significantly to the
development of those management positions.
3.5 "Consult in Good Faith" or "meet and consult in good faith" means to
communicate in writing or, if requested by the employee organization within the time limits
set by the Municipal Employee Relations Representative (also referred to as "MERR"),
orally, for the purpose of presenting and obtaining views and advising of intended actions
in a good faith effort to reach a consensus; and, as distinguished from meeting and
conferring in good faith regarding matters within the required scope of the meet and confer
-1-Resolution No. 2018-23
Exhibit A
Page 1 of22
G-4
process, does not involve an exchange of proposals and counterproposals in an endeavor
to reach agreement in the form of a memorandum of understanding, nor is it subject to
Article IV hereof.
3.6 "Days" means calendar days unless otherwise stated.
3.7 "Employee" means any person employed by the City in a position approved
in the City's allocated positions and compensation plan, as approved by the City Council,
except in a position designated in that plan as temporary or part-time.
3.8 "Employee Organization" or "Recognized Employee Organization" means
any employee organization formally acknowledged by the City as an employee
organization that represents the City's employees.
3.9 "Employee Representative" means the authorized representative of a
Recognized Employee Organization or an Exclusively Recognized Employee
Organization.
3.10 "Employee unit of representation" or "appropriate unit" means a unit of
employee classes or positions, established pursuant to Article II hereof.
3.11 "Employer-employee relations" means the relationship between the City
and its employees and their employee organization(s), or when used in a general sense,
the relationship between City management and individual employees or employee
organization(s).
3.12 "Exclusive Recognized Employee Organization" means a sole employee
organization certified as the representative of all employees in a unit or units, whether or
not those employees are its members, and having the exclusive right and duty to meet
and confer in good faith on behalf of said employees concerning statutorily required
subjects pertaining to unit employees and thereby assuming the corresponding obligation
of fairly representing said employees. An Exclusively Recognized Employee
Organization may not be challenged by another employee organization within twelve (12)
months of initial recognition.
3.13 "Fiscal Analysis" means the City's Department of Finance shall prepare a
fiscal impact analysis. of any tentative agreement, a proposed memorandum of
understanding, or a proposed amendment to a memorandum of understanding unless the
City Council directs that a fiscal impact analysis shall not be obtained. If the City Council
so directs, the fiscal impact analysis may be reviewed by an independent certified
accountant who is not a public employee.
3.14 "Filing Period" means the period between November 1st and
December 31st of every year following the adoption of this Resolution during which
Employee Organizations may submit petitions to be recognized, decertified, or modified,
or the period within which an Employee Organization or the City may propose to modify
any existing unit of representation.
-2-Resolution No. 2018-23
Exhibit A
Page 2 of22
G-5
3.15 "Impasse" means that the representatives of the City and a Recognized
Employee Organization or Exclusively Recognized Employee Organization have reached
a deadlock or point in their meeting and conferring in good faith at which differences in
positions on matters to be included in a memorandum of understanding or on more
general mandatory bargaining matters within the scope of representation, and concerning
that which they are required to meet and confer, are so substantial or prolonged that
future meetings would be futile.
3.16 "Lead Negotiator" means the person in charge of the City's negotiating team
when a tentative agreement, a proposed memorandum of understanding, or a proposed
amendment to a memorandum of understanding is to be presented to the City Council.
The City's Lead Negotiator may not be a City employee in negotiations for a tentative
agreement for a memorandum of understanding or in negotiations of a memorandum of
understanding. In matters where a tentative agreement, a proposed memorandum of
understanding, or a proposed amendment to a memorandum of understanding is to be
presented to the City Council, in addition to the Lead Negotiator, the City Manager may
select members of the City's negotiation team and present them to the City Council for
consent.
3.17 "Management Employee" means any employee in a position having
significant responsibilities for formulating, administering or managing the implementation
of City policies and programs through independent judgment, including, but not limited to,
the exercise of discretionary authority to develop and modify institutional goals and
priorities, including but not limited to the City Manager, Deputy City Manager, all
Department Heads, Deputy Director of Community Development, Deputy Director of
Finance, Deputy Director of Public Works, Deputy Director of Recreation & Parks,
Building Official, City Clerk, Human Resources Manager, Information Technology
Manager, and Principal Civil Engineer.
3.18 "Mediation or Conciliation" means the efforts of an impartial third person or
persons functioning as an intermediary to assist the parties in reaching a voluntary
resolution to impasse, through interpretation, suggestion and advice. Mediation and
conciliation are interchangeable terms.
3.19 "Meet and Confer in Good Faith" or "Confer in Good Faith" means
performance by duly authorized City and Recognized Employee Organization
representatives of their mutual obligations. The City and a representative of a Recognized
Employee Organization or Exclusively Recognized Employee Organization shall have the
mutual obligation personally to meet within the time periods established by Section 6 of
this Resolution upon request, exchange information on matters within the scope of
representation, including wages, hours and other terms and conditions of employment, in
a good faith effort to 1) reach agreement on those matters within the authority of such
representatives, 2) freely exchange information, opinions and proposals, and 3) reach
agreement in the form of a memorandum of understanding, on what will be recommended
to the City Council on those matters within the decision making authority of the City
Council. This does not require either party to agree to a proposal or to make a
concession.
-3-Resolution No. 2018-23
Exhibit A
Page 3 of22
G-6
3.20 "Memorandum of Understanding" means a written document jointly
prepared by the City's Municipal Employee Relations Representative, or designee(s), and
a Recognized Employee Organization or Exclusively Recognized Employee Organization
enumerating any agreement reached as the result of meeting and conferring on matters
within the scope of representation, and the same signed by the parties involved and
ratified by the relevant bargaining unit and approved by the City Council.
3.21 "Municipal Employee Relations Representative" or "MERR" means the
City's principal representative in all matters of employer-employee relations with authority
to meet and confer on matters within the scope of representation. The City Council hereby
designates the City Manager as the MERR who is hereby authorized to delegate such
duties and responsibilities. Where a tentative agreement, a proposed memorandum of
understanding, or a proposed amendment to a memorandum of understanding is to be
presented to the City Council; in addition to the City's Lead Negotiator as defined above,
the City Manager may select the members of the negotiations team and present them to
the City Council for consent.
3.22 "Professional Employee" means any employee engaged in work requiring
specialized knowledge and skills attained through completion of a recognized course of
instruction.
3.23 "Proof of Employee Support" means (1) an authorization card recently
signed and personally dated by an employee, provided that the card has not been
subsequently revoked in writing by the employee (2) a verified authorization petition or
petitions recently signed and personally dated by an employee, or (3) employee dues
deduction authorization, using the payroll register for the period immediately prior to the
date a petition is filed hereunder, except that dues deduction authorizations for more than
one employee organization for the account of any one employee shall not be considered
as Proof of Employee Support for any employee organization. The only authorization
which shall be considered as Proof of Employee Support hereunder shall be the
authorization most recently signed by an employee within ninety (90) days prior to the
filing of a petition.
3.24 "Recognized Employee Organization" means an Employee Organization
that has been acknowledged by the Municipal Employee Relations Representative as an
Employee Organization that represents employees of the City. The rights accompanying
recognition include the right to consultation in good faith by all Recognized Employee
Organizations.
3.25 "Scope of Representation" means all matters relating to employment
conditions and employer-employee relations, including, but not limited to, wages, hours,
and other terms and conditions of employment, except, however, that the scope of
representation shall not include consideration of the merits, necessity, or organization of
any service or activity provided by law or executive order, as set forth in Section 5.
3.26 "Supervisory Employee" means any employee who has authority, in the
interest of the City, to hire, transfer, suspend, lay off, recall, promote, discharge, assign,
-4-Resolution No. 2018-23
Exhibit A
Page4 of 22
G-7
reward, or discipline employees, or the responsibility to assign work and direct them,
adjust their grievances, or effectively to recommend such action if, in connection with the
foregoing, the exercise of such authority is not of a merely routine or clerical nature, but
requires the use of independent judgment.
Section 4. Employee Rights
4.1 Subject to the requirements of the law and Section 5 below, employees
shall have the following rights:
4.1.1 To form, Jom, and participate in the activities of employee
organizations of their own choosing for the purpose of representation on matters
within the scope of representation, in accordance with this Resolution.
4.1.2 To refuse to join or participate in the activities of employee
organizations and to represent themselves individually in their employment
relations with the City.
4.1.3 To be free from the interference, intimidation, restraint, coercion, or
discrimination by the City, any employee organization, or any other employee
because of the exercise of these rights.
4.2 Professional Employees shall not be denied the right to be represented
separately from non-professional employees by an employee organization consisting of
such Professional Employees.
4.3 Management and/or Confidential Employees shall not represent any
employee organization which represents other non-Management or non-Confidential
employees of the City, on matters within the scope of representation, unless as permitted
by the City of Rancho Palos Verdes Personnel Rules, and Management and/or
Confidential Employees may not engage in any activity with or on behalf of any employee
organization which would result in an actual or apparent conflict of interest between their
official duties and responsibilities of employment and their personal interests in labor
relations, as determined by the MERR.
Section 5. City Responsibilities and Rights
5.1 To ensure that the City is able to carry out its functions and responsibilities
imposed by law, the City has and will retain the exclusive right to manage and direct the
performance of City operations and the work force performing such operations. Among
the rights which are reserved to the City are the following:
5.1.1 To determine the merits, necessity, organization, expansion, or
diminishment of any operation, service, or activity conducted by the City;
5.1.2 To determine and change the facilities, methods, means, and
personnel by which City operations are to be conducted;
-5-Resolution No. 2018-23
Exhibit A
Page 5 of22
G-8
5.1.3 To determine and change the number of locations, relocations, and
types of City operations and the processes and materials to be employed in
carrying out said operations, including but not limited to, the right to subcontract
any work or operation;
5.1.4 To determine the size, assignments, and composition of the
employee work force, to determine employee job classifications and contents
thereof, and to assign work to employees in accordance with requirements as
determined by the City;
5.1.5 To relieve employees from duty because of lack of work, lack of
financial resources, or other non-disciplinary reasons;
5.1.6 To hire, transfer, promote, and discipline employees in accordance
with the City's Personnel Rules;
5.1.7 To determine policies, procedures and standards for the selection,
training and promotion of employees;
5.1.8 To establish employee performance standards including, but not
limited to, quality and quantity standards;
5.1.9 To maintain the efficiency of governmental operations;
5.1.10 To take any and all necessary actions to carry out the City's
operations in emergencies;
5.1.11 To exercise complete control and discretion over the City's
organization and the technology of performing its work and services; and
5.1.12 To establish reasonable work and safety rules and regulations to
maintain the efficiency and economy desirable in the performance of City
operations.
5.2 The City, in exercising these rights and operations, will not discriminate
against any employee because of membership or non-membership in any employee
organization.
Section 6. Meeting and Conferring
6.1 The City, through its representative(s), shall meet and confer in good faith
with Employee Representative(s) of any Recognized Employee Organization or
Exclusively Recognized Employee Organization regarding matters within the scope of
representation for its members or for all employees, whichever applies, in the unit for
which such organization is recognized.
6.2 Where a Recognized Employee Organization or Exclusively Recognized
Employee Organization desires to meet and confer with the City, through its Employee
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Representative(s), on matters within the scope of representation, said organization shall
make a request in writing and specify the subjects to be discussed.
6.3 The Recognized Employee Organization or Exclusively Recognized
Employee Organization shall endeavor to submit any and all request(s) to meet and
confer on matters within the scope of representation that have a fiscal impact and are not
currently accounted for in the current budget in the manner specified below:
6.3.1 By March15th , if it intends to have the requested item(s)
considered for the budget for the next fiscal year, or, if there is a Memorandum of
Understanding in existence between the parties, for the fiscal year following the
expiration date of the Memorandum of Understanding (MOU), where March 15th
immediately precedes the commencement of said fiscal year.
6.3.2 If a Recognized Employee Organization or Exclusively Recognized
Employee Organization fails to submit, or to request a reasonable extension of
time to submit, written requests by March 15th , the City shall send written notice
requesting said employee organization to submit its written requests.
6.3.3 Promptly after such written requests have been made, a meeting
shall be arranged at a time and place mutually satisfactory to the parties involved.
6.3.4 It is the goal of the City that the meet and confer process discussed
in this Section 6.2 be completed by May 31st immediately preceding the
commencement of the fiscal year in which the changes and/or requests are to
become effective.
6.4 Where the City proposes to take action on matters regarding wages, hours,
and other terms and conditions of employment within the scope of representation,
whether such action be by ordinance, resolution, rule, or regulations, reasonable written
notice shall be given to each Recognized Employee Organization and each Exclusively
Recognized Employee Organization affected thereby, and each shall be given the
opportunity to meet and confer with the City, through its representative(s). In cases of
emergency when the City Council determines that an ordinance, resolution, rule or
regulation must be adopted immediately without prior notice or meeting with any
Recognized Employee Organization or Exclusively Recognized Employee Organization,
the City shall provide such notice and opportunity to meet at the earliest practicable time
following the adoption of same.
6.4.1 In the event the City gives notice of an anticipated action pursuant
to this Section, the City may specify in said notice a reasonable period of time
within which the parties should endeavor to complete the meet and confer process.
6.5 If a tentative agreement is reached by the authorized representatives of the
City and Employee Organization and ratified by the Employee Organization, the City
Council shall vote to accept or reject the tentative agreement within thirty (30) days of the
date it is first considered at a duly noticed public meeting but only after the tentative
agreement has been placed on the agenda at a minimum of two City Council meetings
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that are at least two weeks apart. If implementation of this requirement would result in
the Council failing to act on a tentative agreement within thirty (30) days, the City Council
may waive this requirement or call the second meeting as a special meeting within the
thirty (30) day period. A tentative agreement shall not be placed on the City Council's
consent calendar. If the City Council accepts the tentative agreement, the parties shall
jointly prepare a written Memorandum of Understanding, signed by the City's
representatives and the duly authorized Employee Representatives, which shall be
brought back for approval by the City Council. Said Memorandum of Understanding shall
not be binding until approved by the City Council.
6.6 If an agreement is reached by the representatives of the City and the
employee representatives, all agreed matters shall be incorporated as joint
recommendations to the City Council in a written Memorandum of Understanding signed
by the City's representatives, and the duly authorized employee representatives. Said
Memorandum of Understanding shall not be binding until approved by the City Council.
6. 7 Publication of Accepted Meet and Confer Proposals. If a meet and confer
proposal relating to a tentative agreement, memorandum of understanding, or an
amendment to a memorandum of understanding is accepted by the party to which it is
presented, the proposal and the fiscal impact analysis shall be posted on the City's
website.
Section 7. Consult or Consultation in Good Faith
The City, through its representatives, shall consult in good faith with
representatives of recognized and exclusively recognized employee organizations prior
to the modification of any rules and regulations for the administration of employer
employee relations, including any amendments to this Resolution.
ARTICLE II. REPRESENTATION PROCEEDINGS
Section 8. Employee Unit of Representation
8.1 The City has investigated and considered the services performed by its
employees, their working conditions, and job duties, and the City's need to maintain an
efficient operation while providing sound employer-employee relations and the units of
representation historically recognized by the City. The City recognized the Rancho Palos
Verdes Employees Association ("Association") on October 18, 2011 as the exclusive
employee organization for the designated non-management employees of the City for
purposes of employer-employee relations under the MMBA and regulations of the Public
Employment Relations Board ("PERB")(Cal Code Reg. Section 31001-32997).
8.2 Additional, different or modified employee units of representation may be
created by action of the City Council as it deems appropriate, upon the City's own written
notice given to the appropriate employee organization or upon a petition filed by an
employee organization pursuant to Section 9 of this Resolution. In making its
determination, the City Council will investigate and consider the following factors:
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8.2.1 Whether and which employees share a similar community of
interests, kinds of work performed, types of qualifications required, and general
working conditions;
8.2.2 The City's needs to maintain an efficient operation;
8.2.3 The units of representation historically recognized by the City,
except however, that no unit shall be deemed to be an appropriate unit solely on
the basis of the extent to which employees in the proposed unit have organized;
8.2.4 Consistency with the organizational patterns of the City;
8.2.5 Effect of differing legally mandated impasse resolution procedures;
8.2.6 Number of employees and classifications, and the effect on the
administration of employer-employee relations created by the fragmentation of
classifications and proliferation of units; and
8.2.7 Other matters considered relevant by the City to promoting sound
employer-employee relations and efficient operation of the City.
Section 9. Requirements For and Process of Becoming an Exclusively
Recognized Employee Organization
9.1 Only one employee organization shall be recognized as an employee
organization representing employees in a unit and, after the effective date of this
Resolution, only exclusive recognition on behalf of a unit established in accordance with
this Resolution or amendment hereto shall be conferred.
9.2 An employee organization which was a Recognized Employee Organization
immediately prior to the effective date of this Resolution shall continue to be so recognized
under this Resolution in the unit for which it had been recognized, subject to this Article II,
Section 9, and Sections 14 through 16 herein.
9.3 Process of Becoming Recognized. An employee organization seeking to
become certified as the Exclusively Recognized Employee Organization representing
employees in an appropriate unit shall file a petition ("Recognition Petition") with the
MERR during the Filing Period. The Recognition Petition shall contain all of the following
information and documentation declared by the duly authorized signatory under penalty
of perjury to be true, correct, and complete:
9.3.1 Name and address of the employee organization;
9.3.2 Names and titles of its officers;
9.3.3 Names of employee organization representatives who are
authorized to speak on behalf of the organization;
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9.3.4 Names and addresses of no more than two (2) employee
representatives to whom notices, if sent pursuant to this Resolution, will be
deemed sufficient notice to the employee organization for any purpose;
9.3.5 A copy of the employee organization's current Constitution and
Bylaws, which shall contain a statement that the employee organization has, as
one of its primary purposes, the representation of employees in their employment
relations with the City;
9.3.6 A statement whether the employee organization is a subordinate
body of, or affiliated directly or indirectly in any manner with, any regional or state
or international organization and, if so, the name and address of each such
regional, state, national, or international organization;
9.3. 7 A statement that the employee organization has no restriction on
membership based on race, religious creed, color, national origin, ancestry, age,
mental or physical disability, medical condition, marital status, sex or sexual
orientation;
9.3.8 The job classifications or position titles of employees in the unit
claimed to be appropriate and the approximate number of member employees
therein;
9.3.9 A statement that the employee organization has in its possession
Proof of Employee Support to establish that a majority of the employees in the unit
claimed to be appropriate have designated the employee organization to represent
them in their employment relations with the City. Such written proof shall be
submitted for confirmation to the MERR or to a representative of the California
State Mediation and Conciliation Service; and a request that the MERR formally
acknowledge the employee organization as the Exclusively Recognized Employee
Organization representing the employees in the unit claimed to be appropriate for
the purpose of meeting and conferring in good faith.
Section 10. City Response to Recognition Petition for an Exclusively
Recognized Employee Organization
10.1 Upon receipt of the Recognition Petition, the MERR shall determine
whether:
10.1.1 There has been compliance with the requirements of the
Recognition Petition, in accordance with Section 9, and
10.1.2 The proposed representation unit is an appropriate unit, in
accordance with Section 8.
10.2 If an affirmative determination is made by the MERR on the foregoing
matters listed in Section 10.1, the MERR shall inform the petitioning employee
organization, give written notice of the Recognition Petition to all the employees in the
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unit and any other employee organization(s) representing any employee in the same unit,
and take no action on said request for thirty (30) days thereafter.
10.3 If either of the foregoing matters listed in Section 10.1 are not affirmatively
determined, the MERR shall deny the Recognition Petition and inform the petitioning
employee organization of the reasons therefor in writing. The petitioning employee
organization shall have seven (7) days to cure any defects in the Recognition Petition. All
defaults must be cured, and a valid Recognition Petition must be submitted by the end of
the Filing Period, unless the submission deadline is extended by the MERR, who shall
not extend the cure period more than fifteen (15) days beyond the end of the Filing
Period. Neither the MERR nor the City is obligated to assist the petitioning employee
organization in curing the alleged defects to the Recognition Petition.
10.4 The petitioning employee organization may appeal such determination in
accordance with Section 18.
Section 11. Open Period for Filing Challenging Petition to an Exclusively
Recognized Employee Organization
Within thirty (30) days of the date written notice was given to affected employees
that a valid Recognition Petition for an appropriate unit has been filed, any other employee
organization may file a competing request to be formally acknowledged as the Exclusively
Recognized Employee Organization of the employees in the same or in an overlapping
unit (one which corresponds with respect to some, but not all the classifications or
positions set forth in the Recognition Petition being challenged), by filing a petition
evidencing Proof of Employee Support in the unit claimed to be appropriate of at least
thirty (30) percent and otherwise in the same form and manner as set forth in
Section 9.3. If such challenging petition seeks establishment of an overlapping unit, the
MERR shall call for a meeting on such overlapping Recognition Petitions for the purpose
of ascertaining the more appropriate unit, at which time the petitioning employee
organizations shall be heard. Thereafter, the MERR shall determine the appropriate unit
or units in accordance with the standards in Section 8.2. The petitioning employee
organizations shall have fifteen (15) days from the date notice of such unit determination
is communicated to them by the MERR to amend their petitions to conform to such
determination or to appeal such determination pursuant to Section 18.
Section 12. Granting Recognition to an Exclusively Recognized Employee
Organization Without an Election
If the Proof of Employee Support shows that a majority of the employees in the
appropriate unit have designated the petitioning employee organization to represent
them, and if no other employee organization files a challenging petition, the petitioning
employee organization and the MERR shall request the California State Mediation and
Conciliation Service, or another agreed upon neutral third party, to review the count, form,
accuracy, and propriety of the Proof of Employee Support. If the neutral third party makes
an affirmative determination, the MERR shall certify the petitioning employee organization
as the Exclusively Recognized Employee Organization for the appropriate unit.
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Section 13. Granting Recognition to an Exclusively Recognized Employee
Organization Through an Election Process
13.1 Upon the submission of valid Recognition Petitions of more than one
employee organization for employees in the same or overlapping units, the MERR shall
arrange for a secret ballot election to be conducted by the City Clerk or such other third
party agreed to by the MERR and the concerned employee organization(s), in accordance
with such party's rules and procedures, subject to the provisions of this Resolution. All
employee organizations who have duly submitted Recognition Petitions which have been
determined to be in conformance with this Resolution shall be included on the ballot. The
ballot shall also reserve to employees the choice of representing themselves individually
in their employment relations with the City. Employees entitled to vote in such election
shall be those persons employed in regular, permanent positions within the designated
appropriate unit who were employed during the pay period immediately prior to the date
which ended at least fifteen (15) days before the date the election commences, including
those who did not work during such period because of illness, vacation or other authorized
leaves of absence, and who are employed by the City in the same unit on the date of the
election. An employee organization shall be formally acknowledged as the Exclusively
Recognized Employee Organization for the designated appropriate unit following an
election or run-off election, if it received a numerical majority of all valid votes cast in the
election. In an election involving three or more choices, where none of the choices
receives a majority of the valid votes cast, a run-off election shall be conducted between
the two choices receiving the largest number of valid votes cast. The rules governing an
initial election are applicable to a run-off election.
13.2 There shall be no more than one valid election under this Resolution
pursuant to any Recognition Petition in a twelve (12) month period affecting the same
unit.
13.3 In the event that the parties are unable to agree on a third party to conduct
the election, the election shall be conducted by the California State Mediation and
Conciliation Service. If a third party conducts the election, costs of conducting elections
shall be borne in equal shares by the City and by each employee organization appearing
on the ballot.
13.4 A Recognized Employee Organization or Exclusively Recognized
Employee Organization of the unit for which a decertification election is being conducted
shall also appear on the ballot, unless within fourteen (14) days of receipt of the notice of
the Decertification or Recognition Petition, or notice of the unit determined by the City
Council, whichever is later, said employee organization provides written notice to the
MERR that it does not intend to participate in the election. Notice of the intention not to
participate in the election shall constitute withdrawal from representation of the unit
effective the date the notice of intention not to participate in the election is received by
the MERR.
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13.5 The MERR shall announce the date of the election and the voting location
or locations at least twenty-eight (28) days before the date of such election. Employees
shall vote in person.
Section 14. Procedure for Decertification of Exclusively Recognized
Employee Organization
14.1 A decertification petition alleging that the incumbent Exclusively
Recognized Employee Organization no longer represents a majority of the employees in
an established appropriate unit ("Decertification Petition") may be filed with the MERR
only during the Filing Period or the thirty (30) day period commencing one hundred twenty
(120) days prior to the termination date of a Memorandum of Understanding then having
been in effect for three (3) years or less, provided that a Decertification Petition may not
be filed within twelve (12) months of initial recognition of an Exclusively Recognized
Employee Organization. A Decertification Petition may be filed by two or more employees
or their representative, or an employee organization, and shall contain the following
information and documentation declared by the duly authorized signatory under penalty
of perjury to be true, correct, and complete:
14.1.1 The name, address and telephone number of the petitioner and a
designated representative authorized to receive notices or requests for further
information.
14.1.2 The name of the established appropriate unit and the incumbent
Exclusively Recognized Employee Organization sought to be decertified as a
representative of that unit.
14.1.3 An allegation that the incumbent Exclusively Recognized
Employee Organization no longer represents a majority of the employees in the
appropriate unit, and any other relevant and material facts relating thereto.
14.1.4 Proof of Employee Support that at least thirty (30) percent of the
employees in the established appropriate unit no longer desire to be represented
by the incumbent Exclusively Recognized Employee Organization. Such proof
shall be submitted for confirmation to the MERR or to a mutually agreed upon
disinterested third party within the time limits specified in the first paragraph of this
Section. An employee organization may, in satisfaction of the Decertification
Petition requirements hereunder, file a petition under this Section in the form of a
Recognition Petition that evidences Proof of Employee Support of at least thirty
(30) percent, that includes the allegation and information required under
paragraph 14.1.3 of this Section, and otherwise conforms to the requirements of
Section 9.
14.2 The MERR shall initially determine whether the Decertification Petition has
been filed in compliance with the applicable provisions of this Resolution.
14.2.1 If the foregoing matters listed in Section 14.1 are not affirmatively
determined, the MERR shall deny the Decertification Petition and inform the
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petitioning employee organization of the reasons therefor in writing. The
petitioning employee organization shall have seven (7) days to cure any defects in
the Decertification Petition. Neither the MERR nor the City is obligated to assist
the petitioning employee organization in curing the alleged defects to the
Decertification Petition.
14.2.2 If the foregoing matters listed in Section 14.1 are affirmatively
determined by the MERR, or if his/her negative determination is reversed on
appeal, the MERR shall give written notice of such Decertification or Recognition
Petition to the incumbent Exclusively Recognized Employee Organization and to
unit employees. The MERR shall thereupon arrange for a secret ballot election to
be held to determine the wishes of unit employees as to the question of
decertification and, if a Recognition Petition was duly filed hereunder, the question
of representation. Such election shall be conducted within the same timeframe
and under the same procedures as set forth in Section 13.
14.2.3 The petitioning employee organization may appeal such
determination in accordance with Section 18.
14.3 During the Filing Period or the thirty (30) day period commencing one
hundred twenty (120) days prior to the termination date of a Memorandum of
Understanding then having been for three (3) years or less, the MERR may give written
notice of the city's specific intent to the affected employee organization, when the MERR
has reason to believe that a majority of unit employees no longer wish to be represented
by the incumbent Exclusively Recognized Employee Organization, give notice to said
organization and all unit employees that an election will be arranged and held by the
MERR to determine that issue. In such event, any other employee organization may,
within fifteen (15) days of such notice, file a Recognition Petition in accordance with
Section 9.3, which the MERR shall act on in accordance with this Section.
14.4 If, pursuant to this Section, a different employee organization is formally
acknowledged as the Exclusively Recognized Employee Organization, such organization
shall be bound by all the terms and conditions of any Memorandum of Understanding
then in effect for its remaining term.
Section 15. Procedure for Modification of Established Appropriate Units
15.1 Requests by employee organizations for modifications of established
appropriate units ("Modification Petition") may be considered by the MERR. The
Modification Petition shall be submitted during the Filing Period or the thirty (30) day
period commencing one hundred twenty (120) days prior to the termination date of a
Memorandum of Understanding then having been in effect for three (3) years or less,
whichever occurs later, shall be in the form of a Recognition Petition, and, in addition to
the requirements set forth in Section 9.3, shall contain a complete statement of all
relevant facts and citations in support of the proposed modified unit in terms of the policies
and standards set forth in Section 8. The MERR shall process the Modification Petition
as any other Recognition Petition under this Resolution.
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15.2 Proof of Support: The MERR will require proof of at least thirty (30) percent
support among the affected employees if a pending representation petition by another
employee organization overlaps the positions at issue in the unit modification petition.
15.3 At any time, the MERR may, by giving written notice of City's intent to the
affected employee organization, propose that an established unit be modified. The
MERR shall give written notice of the proposed modification(s) to any affected employee
organization(s), and each employee within said affected unit or units, and shall hold a
meeting concerning the proposed modification(s), at which time all affected employee
organizations shall be heard. Thereafter the MERR shall determine the composition of
the appropriate unit or units in accordance with Section 8, and shall give written notice of
such determination to the affected employee organizations.
15.3.1 The MERR's determination may be appealed in accordance with
Section 18.
15.3.2 If a unit is modified pursuant to the written notice of the MERR
hereunder, employee organizations may thereafter file Recognition Petitions
seeking to become the Exclusively Recognized Employee Organization for such
new appropriate unit or units pursuant to Section 9.
Section 16. Procedure for Processing Severance Requests
16.1 An employee organization may file a request to become the Recognized
Employee Organization of a unit alleged to be appropriate that consists of a group of
employees who are already a part of a larger established unit represented by another
Recognized Employee Organization ("Severance Request"). The timing, form, and
processing of the Severance Request shall be as specified in Section 15 for a
Modification Petition.
16.2 Proof of Support: When an employee organization requests severance of
classifications or positions to its established unit, the MERR will require proof of majority
support of persons employed in the classifications or positions to be severed. The MERR
may require proof of at least thirty (30) percent support among the affected
employees. The MERR's determination may be appealed in accordance with Section 18.
Section 17. Amendment of Certification
17 .1 Employee Organization Petition
17 .1.1 A Recognized Employee Organization shall file with the MERR a
petition to amend its certification or recognition ("Amendment Petition") in the event
of a merger, change in affiliation, or transfer of jurisdiction.
17.1.2 The Amendment Petition shall be in writing, signed by an
authorized agent of the employee organization, and contain the following
information:
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(a) The name, address and telephone number of the employee
organization and the name, address and telephone number of the agent to
be contacted;
(b) A brief description and the title of the established unit;
(c) A clear and concise statement of the nature of the merger,
amalgamation, affiliation, or other change in jurisdiction, and the new name
of the employee organization. The statement shall include the following
information:
(1) Whether the new organization has the same structure
as the former organization (e.g., eligibility for membership, dues/fees
structure, continuation of the manner in which contract negotiations,
administration and grievance processing will be effectuated), and if
not, an explanation of the change(s) in structure;
(2) Whether the officers and representatives of the new
organization are the same as the former organization, and if not, a
specification of the changes in officers and/or representatives;
(3) Whether the power of the members to control the
organization's agents is the same as it was in the former organization
(e.g., input into contract proposals, contract ratification, frequency of
membership meetings, preservation of the (former) organization's
physical facilities, books, and assets, choosing/oversight of
executive board members}, and if not, a specification of what
changes have been made; and
(4) Whether the organization's members were given an
opportunity to vote on the change in status, and if so, a description
of the voting process and results.
17 .2 Review Process
17 .2.1 Upon receipt of a petition filed pursuant to Section 17 .1 above, the
MERR shall conduct such inquiries and investigations, and hold such meetings as
deemed necessary and/or conduct a representation election in order to decide the
questions raised by the Amendment Petition.
17 .2.2 The MERR may dismiss the Amendment Petition if the petitioner
has no standing to petition for the action requested or if the Amendment Petition
is improperly filed.
17.2.3 In determining whether to grant the Amendment Petition, the
MERR will examine the following issues:
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(a) Whether the new organization has the same or similar
structure as the former organization;
(b) Whether the officers and representatives of the new
organization are substantially the same as the former organization;
(c) Whether the power of the members to control the
organization's agents are substantially the same; and
(d) Whether the organization's members were given an
opportunity to vote on the change in status.
17.3 Determination
17.3.1 Unless the MERR finds that there is no substantial continuity of
identity and representation between the former and new organizations, the MERR
will issue an amendment of certification reflecting the new identity of the Exclusive
Recognized Employee Organization. Such certification shall not be considered to
be a new certification for the purpose of computing time limits pursuant to
Section 14. The terms and conditions of a Memorandum of Understanding then in
effect shall remain in effect until said Memorandum of Understanding expires.
17.3.2 If the MERR determines that there is no substantial continuity of
identity and representation between the former and new organizations, the MERR
shall order an election in conformance with Section 14.
17.3.3 The MERR's determination may be appealed in accordance with
Section 18.
Section 18. Appeals
18.1 Within fifteen (15) days of a final decision of the MERR, (i) an employee
organization aggrieved by a determination of an appropriate unit or that a Recognition
Petition (Sec. 9), Challenging Petition (Sec. 11 ), Decertification Petition (Sec. 14),
Modification Petition (Sec. 15), Severance Request (Sec. 16), or Amendment Petition
(Sec. 17) has not been filed in compliance with Article II; or (ii) employees aggrieved by
a determination that a Decertification Petition (Sec. 14) or Severance Request (Sec. 16)
has not been filed in compliance with Article II, may request to submit the matter to
mediation by the State Mediation and Conciliation Service. In lieu thereof, or fifteen (15)
days after such mediation proceedings, said employee organization or employees may
appeal such determination to the City Council for final decision.
18.2 Appeals to the City Council shall be filed in writing with the City Clerk, and
a copy thereof served on the MERR. The City Council shall commence to consider the
matter within thirty (30) days of the filing of the appeal. The City Council may, in its
discretion, refer the dispute to a third party hearing process. Any decision of the City
Council on the use of such procedure, and/or any decision of the City Council determining
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the substance of the dispute, shall be final and binding. Any costs for the appeal shall be
borne equally by the City and the employee organization.
ARTICLE Ill. ADMINISTRATION
Section 19. Submission of Current Information by Recognized Employee
Organizations
All Recognized Employee Organizations and Exclusively Recognized Employee
Organizations shall advise the MERR in writing immediately of any changes in the
information enumerated in Sections 9.3.1 through 9.3.9 within fourteen (14) days of such
change.
Exclusively Recognized Employee Organizations that are party to an agency shop
provision shall provide annually to the Employee Relations Officer and to unit members
within 60 days after the end of its fiscal year the financial report required under
Government Code Section 3502.5 (f) of the Meyers-Milias Brown Act.
Section 20. Employee Organization Activities -Use of City Resources
Access to City work locations and the use of City paid time, facilities, equipment
and other resources by employee organizations and those representing them, shall be
authorized only to the extent provided for in Memoranda of Understanding and/or
administrative procedures, shall be limited to lawful activities consistent with the
provisions of this Resolution that pertain directly to the employer-employee relationship
and not to such internal employee organization business as soliciting membership,
campaigning for office, or organization meetings and elections, and shall not interfere with
the efficiency, safety, and security of City operations.
ARTICLE IV. IMPASSE PROCEDURES
Section 21. Initiation of Impasse Procedures
If the meet and confer process has reached an Impasse, either party may initiate
the Impasse procedures by filing with the other party a written request for an Impasse
meeting, together with a statement declaring an Impasse and its position on all issues. An
Impasse meeting shall then be scheduled promptly by the MERR. The purpose of such
meeting shall be:
21.1.1 To review the position of the parties in a final effort to reach
agreement on a Memorandum of Understanding; and
21.1.2 If the Impasse is not resolved, to discuss arrangements for the
utilization of the Impasse procedures provided herein.
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Section 22. Impasse Procedures
Impasse procedures are as follows:
22.1 If the parties agree to submit the dispute to mediation, mediation will be
conducted by a mediator from the California State Mediation and Conciliation Service,
unless the parties agree to use another mediator. All mediation proceedings shall be
private. The mediator shall make no public recommendation, nor take any public position
at any time concerning the issues. If there is a cost for the services of a mediator, such
costs shall be borne equally by the City and the employee organization.
22.2 If the parties, having so agreed to mediation, fail to resolve the dispute
within thirty (30) days after the appointment of the mediator, the employee organization
thereafter may request to submit the Impasse to fact-finding, as provided by state law.
22.3 If the parties do not agree to mediation, the employee organization may
request to submit the Impasse to fact-finding, as provided in Section 23 below.
22.4 If the Impasse has not been resolved through fact-finding, or the employee
organization fails to request fact-finding, the Impasse will be sent to the City Council,
which shall then hold a public hearing on the impasse and take such action regarding the
Impasse as it, in its discretion, deems appropriate as in the public interest, including but
not limited to unilaterally implementing its last, best, and final offer, but shall not implement
a memorandum of understanding. Any legislative action by the City Council on the
Impasse shall be final and binding.
Section 23. Fact-Finding Procedures
23.1 Upon failure to agree to, or upon failure to reach an agreement through,
mediation, the employee organization may submit a written request to the MERR and the
Public Employment Relations Board for a fact-finding panel in accordance with state law.
23.1.1 If the dispute was submitted to mediation, not sooner than thirty
(30) days, but not more than forty-five (45) days, after the appointment of the
mediator.
23.1.2 If the dispute was not submitted to mediation, not later than thirty
(30) days following the date that either party provided the other with a written notice
of an Impasse and request for an Impasse meeting.
23.2 The request for fact-finding shall be filed with the Public Employment
Relations Board -Los Angeles Regional Office located at 700 N. Central Ave., Glendale,
California 91203-3219, with a proof of service, containing a declaration signed under
penalty of perjury with the following information: (1) the name of the declarant; (2) the
county and state in which the declarant is employed or resides; (3) a statement that the
declarant is over the age of 18 years and not a party to the case; (4) the address of the
declarant; (5) a description of the documents served; (6) the method of service and a
statement that any postage or other costs were prepaid; (7) the name(s), address(es)
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and, if applicable, fax number(s) used for service on the party(ies); and (8) the date of
service. The Public Employment Relations Board shall approve or disapprove all
requests for fact-finding.
23.3 Within five (5) working days after notification from the Public Employment
Relations Board that the fact-finding request is approved, (i) each party shall select a
person to serve as its member of the fact-finding panel and notify the Public Employment
Relations Board of its selection; The parties shall then select the chairperson by utilizing
a strike procedure whereby each side strikes a member of a list provided by PERB until
one is selected. Within five (5) working days after a chairperson is selected through this
procedure, the parties may alternatively mutually agree upon another person to serve as
chairperson. The strike procedure will be initiated by a coin toss by a member of the City
witnessed by the employee organization. The costs for the services of the chairperson,
including per diem fees, if any, and actual and necessary travel and subsistence
expenses, shall be divided equally between the parties. Any other mutually incurred costs
shall be divided equally between the parties. Any separately incurred costs for the panel
member selected by each party shall be borne by that party.
23.4 Within ten (10) days of its appointment, the fact-finding panel shall meet
with the parties or their representatives, either jointly or separately, and may make
inquiries and investigations, hold hearings, and take any other steps it deems appropriate,
including issuance of subpoenas requiring attendance and testimony and production of
evidence.
23.5 Within thirty (30) days of its appointment, or upon agreement by the parties
for a longer period, and if the dispute is not settled by the parties within said time period,
the fact-finding panel shall make findings of fact and recommend terms of settlement,
which shall be advisory only. In making its findings and recommendations, the fact
finding panel shall consider the following criteria:
23.5.1 State and federal laws that are applicable to the City;
23.5.2 Local rules, regulations, or ordinances;
23.5.3 Stipulations of the parties;
23.5.4 The interests and welfare of the public and the financial ability of
the City;
23.5.5 Comparison of the wages, hours, and conditions of employment to
employees performing similar services in comparable public agencies;
23.5.6 The consumer price index for goods and services, commonly
known as the cost of living;
23.5.7 The overall compensation presently received by the employees,
including direct wage compensation, vacations, holidays, and other excused time,
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insurance and pensions, medical and hospitalization benefits, the continuity and
stability of employment and all other benefits received; and
23.5.8 Any other facts which are normally or traditionally taken into
consideration in making the findings and recommendations.
23.6 The fact-finding panel shall submit its findings and recommendations in
writing to the parties prior to making them available to the public for the purpose of
resolving the impasse. The City shall make the findings and recommendations available
to the public within ten (10) calendar days after its receipt. If the Impasse has not been
resolved within ten (10) calendar days after the City's receipt of the fact-finding panel
findings and recommendations, then the Impasse shall be sent to the City Council, which
shall then hold a public hearing on the Impasse and take such action regarding the
Impasse as it, in its discretion, deems appropriate as in the public interest, including but
not limited to unilaterally implementing its last, best, and final offer, but shall not implement
a Memorandum of Understanding. Any legislative action by the City Council on the
Impasse shall be final and binding, including but not limited to unilaterally implementing
its last, best, and final offer.
ARTICLE V. MISCELLANEOUS PROVISIONS
Section 24. Construction
The City may adopt such rules, regulations and/or procedures necessary or
convenient to implement the provisions of this Resolution and of the MMBA after
consultation with affected Recognized Employee Organizations. Nothing in this
Resolution shall be construed to deny any person or employee any rights granted by
Federal or State laws. The rights, powers, and authority of the City in all matters, including
the right to maintain any legal actions, shall not be modified or restricted by this
Resolution.
Section 25. Unlawful Strikes
Nothing in this Resolution shall be construed as making the provisions of California
Labor Code Section 923 applicable to City employees or employee organizations.
Employees that engage in unlawful strikes may be subject to disciplinary action, up to
and including termination.
Section 26. Severability
If any provision or portion thereof contained in this Resolution, or the application
thereof, to any person or circumstances is held to be unconstitutional, invalid, or
unenforceable, the remainder of this Resolution and the application of such provision, or
portion thereof, to other persons or circumstances, shall be deemed severable, shall not
be affected, and shall remain in full force and effect.
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Section 27. Notice
Wherever written notice to either party is required by this Resolution, it shall be
given by email and if to the City at 30940 Hawthorne Boulevard, Rancho Palos Verdes,
California 90275, and to any employee organization at its last address furnished in writing
to the City, by first class registered or certified mail, postage prepaid and shall be deemed
to have been received on the third day immediately following the day it was mailed
(excluding Saturdays, Sundays and holidays on which the offices of the City are closed).
Service of notice by mail at the sender's option, may be given by hand delivery.
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