HomeMy WebLinkAboutResolution No. 7521RESOLUTION NO. 7521
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA ADOPTING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY AND THE AZUSA CITY EMPLOYEES
ASSOCIATION.
WHEREAS, the City Council, at their regular meeting of July
2, 1984, approved the Memorandum of Understanding between the City of
Azusa and the Azusa City Employees Association, terms and conditions
to be effective July 1, 1984:
NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Under-
standing attached hereto as Exhibit A is hereby adopted by resolution.
The City Clerk shall certify to the adoption of this Resolut-
ion and shall transmit a copy thereof to the Azusa City Employees Assoc-
iation.
ADOPTED AND APPROVED this 16th day of July, 1984.
MAYOR
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I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the City Council of the City of Azusa, at a regular meeting
thereof held on the 16th day of July, 1984, by the following vote of the
Council:
AYES: COUNCILMEMBERS CRUZ, COOK, CAMARENA, LATTA, MOSES
NOES: COUNCILMEMBERS 14ONE
ABSENT: COUNCILMEMBERS PIONE
CyfYCLERK
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF AZUSA AND THE
AZUSA CITY EMPLOYEES ASSOCIATION
(EXHIBIT A)
This Memorandum of Understanding is entered into with
reference to the following facts:
(1) the Azusa City Employees Association (hereinafter
referred to as "Association") is the recognized employee organization
representing those personnel (hereinafter referred to as "affected
employees") employed by the various departments of the City of Azusa
(hereinafter referred to as "City"), and occupying the classifications
as listed in Exhibit "A" attached hereto;
(2) in the interest of maintaining harmonious relations
between the City and those employees represented by the Association,
authorized representatives of the City and the Association have met
and conferred in good faith, exchanging various proposals concerning
wages, hours, and other terms and conditions of employment to affected
employees; and
(3) the authorized representatives of the City and the
Association have reached an.understanding and agreement as to certain
changes in wages, hours, and other terms and conditions of employment
of the affected employees which shall be submitted to the City Council
of the City for approval and implementation of these changes by appro-
priate� ordinance, resolution, or other lawful action.
Therefore, the City and the Association agree that, subject
to approval and implementation by the City Council of the City, the
wages, hours, and other terms and conditions of employment for all
affected employees shall be altered as follows:
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I. SALARY
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Effective July 1, 1984, the base salary of each affected employee
shall be increased by 3.7% to the range indicated in Exhibit "A."
Each affected employee shall remain at the same step he/she is in
at that time.
II. TOTAL COMPENSATION
As a matter of philosophy, the Association and the City recognize
that compensation consists of terms and conditions of employment
other than those represented solely by salary. Further, the City
and the Association recognize that the changes in wages, hours, and
other terms and conditions of employment as set forth in this
Memorandum of Understanding constitute additions to the total
compensation received by affected employees.
III. NON-DISCRIMINATION
A. The parties mutually recognize and agree to protect the rights
of all employees hereby to join and/or participate in protected
Association activities or to refrain from joining or partici-
pating in protected activities in accordance with Government
Code Section 3500, et seg.
B. The City and the Association agree that they shall not discrimi-
nate against any employee because of race, color, sex, age,
national origin, political or religious opinions or affiliations.
The City and the Association shall reopen any provisions of
this Agreement for the purpose of complying with any final
order of the federal or state agency or court of competent
jurisdiction requiring a modification or change in any pro-
vision or provisions of this Agreement in compliance with
state or federal anti -discrimination laws.
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IV.. CITY RIGHTS
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A. The City reserves, retains and is vested with, solely and
exclusively, all rights of Management which have not been
expressly abridged by specific provision(s) of this Memo-
randum of Understanding or by law to manage the City, as such
rights existed prior to the execution of this Memorandum of
Understanding. The sole and exclusive rights of Management,
as they are not abridged by this Agreement or by law, shall
include, but not be limited to, the following rights:
1. To manage the City generally and to determine
the issues of policy.
2. To determine the existence or nonexistence of
facts which are the basis of the Management decision.
3. To determine the necessity and organization of any
service or activity conducted by the City and expand
or diminish services.
4. To determine the nature, manner, means, and technology,
and extent of services to be provided to the public.
5. To determine methods of financing.
6. To determine types of equipment or technology to be used.
7. To determine and/or change the facilities, methods,
technology, means, and size of the work force by which
the City operations are to be conducted.
8. To determine and change the number of locations, relo-
cations, and types of operations, processes and materials
to be used in carrying out all City functions including,
but not limited to, the right to contract for or sub-
contract any work or operations of the City.
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9. To assign work to and schedule employees in accordance
with requirements as determined by the City and to
establish and change work schedules and assignments.
10. To relieve employees from duties for lack of work or
similar nondisciplinary reasons.
11. To establish and modify productivity and performance
programs and standards.
12. To discharge, suspend, demote or otherwise discipline
employees for proper cause.
13. To determine job classification and to reclassify
employees.
14. To hire, transfer, promote or demote employees for
nondisciplinary reasons in accordance with this
Memorandum of Understanding and applicable Resolutions
and Codes of the City.
15. To determine policies, procedures and standards for
selection, training and promotion of employees.
16. To establish employee performance standards,including,
but not limited to, quality and quantity standards and
to require compliance therewith.
17. To maintain order and efficiency in its facilities and
operation.
18. To establish and promulgate and/or modify rules and
regulations to maintain order and safety in the City
which are not in contravention with this Agreement.
19. To take any and all necessary action to carry out the
mission of the City in emergencies.
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B,. The City shall have the right to exercise the rights provided
in sections "9" through "16" of the Management rights clause,
in accordance with the Personnel Rules and Regulations as
they exist as of June 30, 1984, and shall exercise these
rights in conformance with the Personnel Rules and Regulations.
C. Except in emergencies, or where the City is required to make
changes in its operations because of the requirements of
law, whenever the exercise of Management's rights shall
impact on employees of the bargaining unit, the City agrees
to meet and confer with representatives of the Association
regarding the impact of the exercise of such rights, unless
the matter of the exercise of such rights is provided for
in this Memorandum of Understanding, or in Personnel Rules
and Salary Resolutions and Administrative Code(s) which are
incorporated in this Agreement. By agreeing to meet and
confer with the Association as to the impact and the exercise
of any of the foregoing City Rights, Management's discretion
in the exercise of these rights shall not be diminished.
V. SEPARABILITY
Should any provisions of this Memorandum of Understanding be found
to be inoperative, void, or invalid by a court of competent juris-
diction, all other provisions of this Memorandum of Understanding
shall remain in full force and effect for the duration of this
Memorandum of Understanding.
VI. MAINTENANCE OF EXISTING BENEFITS
Except as provided herein, all wages, hours and economic terms and
conditons of employment presently enjoyed by affected employees
shall remain in full force and effect during the entire term of
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this Memorandum of Understanding unless mutually agreed to the
contrary by both parties hereto.
VII. THE CITY ALSO AGREES TO THE FOLLOWING FOR AFFECTED EMPLOYEES:
A. To maintain the amount of the Cafeteria Benefit Plan at $280
per month. From that amount, the City shall deduct$16/mo. PERS
membership for the employee. The balance may be used by the
employee to pay, to the extent available, for individual or
dependent health coverage, dental plan, life insurance,
deferred income, or other available group insurance or any com-
bination of these items.
B. To compensate for holidays as listed in Exhibit "B" attached
hereto, except that for the term of this Memorandum of Under-
standing only, Monday, December 24, 1984, will be taken in lieu
of Tuesday, February 12, 1985.
C. The City shall agree to conduct, by outside consultant selected
by mutual agreement with the Association, a comprehensive
classification and compensation survey of cities selected`by
mutual agreement with the Association resulting in
a classification plan, salary scale, and position allocation
to the plan wherein all City employees represented by this
unit are compensated at no less than 100'/ of the average of
the surveyed cities as of November 1, 1984. The final plan
shall be as agreed upon mutually with ACEA and shall include
no less than two thirds of the survey's recommended positions,
classifications, and salaries, and shall be implemented by
January 1, 1985. If the "Jarvis III" Amendment is approved
by the voters in November, 1984, the City and the ACEA shall
again meet to bargain collectively as to the implementation
of the completed survey results so as to spread the payment
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immediately or over 6, 12, or 18 months beginning January 1,
1985, depending on the City's Financial condition and recogniz-
ing the positive role that the City and the ACEA can play in
maintaining City fiscal integrity and recognizing the long-term
positive effect on employee relations of mutual cooperation.
D. To provide shoe allowance of $130 for up to two pairs of safety
shoes/boots per year if required by the department head.
Balance of allowance may be applied toward additional boots/
shoes or City -approved jacket.
E. Clothing Reimbursement for Office Personnel: If, in the course
of business, an office employee's personal clothing or effects
are accidentally damaged or destroyed, the employee shall be
entitled to reimbursement, allowing for normal wear and tear,
by submitting to the Finance Department a demand voucher approved
by the appropriate department head.
F. Beginning July 1, 1984, the City shall provide term life insurance
equal to one times yearly earnings.
G. Secretary Class: All employees currently classified as Secretary
shall be reclassified as Department Secretary and shall be brought
up to the rate of pay currently paid to Senior Secretary.
H. Sick Leave Incentive Cash Plan: During the course of this Memoran-
dum of Understanding, the ACEA and the City will develop a plan
for compensation for unused accrued sick leave that includes the
provision to exchange some unused accrued sick leave for time off
and the provision that new employees hired after June 30, 1985,
shall not be eligible for pay off of unused sick leave upon
separation from City employment.
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I. Vacation Cash Plan: Employees shall be required to use one half
of their annual vacation accrual yearly and shall be able to
carry over one half of one year's vacation accrual from one
year to the next, cumulatively, up to a maximum of 1k times the
yearly accrual amount. The employee shall be authorized to
cash in one fourth of the annual accrual per year by March 31 in
lieu of carrying it over, if approved by the appropriate department
head.
J. Tuition Reimbursement: The City's tuition reimbursement program
shall be increased $100 to $300 per year.
K. 4-10 Plan: During the course of this Memorandum of Understanding,
the ACEA and the City shall meet to discuss a "4-10" or other
similar work plan. The ACEA would support the plan for office
personnel, depending on overall findings by Personnel Department.
VIII. TERM OF MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding shall commence on
July 1, 1984, and shall continue through and including June 30,
1985.
IX. SAVINGS CLAUSE
Should any state or federal law mandate the loss of revenue to
the City as a result of the implementation of any clause of this
Memorandum of Understanding, or should any state or federal law
render a clause(s) of this Memorandum of Understanding invalid,.
then those changes alone shall not be given effect and the remainder
of this Memorandum of Understanding shall be unaffected and shall
remain in full force and effect.
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AZUSA CITY EMPLOYEES ASSOCIATION
MEMORANDUM OF UNDERSTANDING
(EXHIBIT B)
HOLIDAYS
Employees affected by the aforementioned Memorandum
of Understanding shall receive or be compensated for
the following holidays:
New Year's Day
Lincoln's Birthday*
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve Day*
Christmas Day
Affected employees who work holidays shall receive holiday
pay plus time and a half for hours worked or equivalent
compensation time.
*For the term of this Memorandum of Understanding only,
Monday, December 24, 1984, will be taken in lieu of
Tuesday, February 12, 1985.
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AZUSA CITY DTLOYEES ASSOCIATICY
CLASSIFICATIO`: RANGE SCHEDULE
JULY 1, 1984
(EXHIBIT A)
CLASSIFICATION
Acccuat Clerk
Building Maintenance Leadwcrk ar
Civil Enaiaeering Assis_ant
GE-_ra1 Clem
Operator
Operator (Street Division)
=Weac Supervisor
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R_' \GE
123.6
129.9
136.9
119.8
128.9
134.7
POOH _LY
1ST 6 5TH STEP
1119!13.3
14910782
2024;2418
940/1129
1424117704
1817;2199
=me^e_iate Typist
Clerk
121.9
1035 243
M-arian
Works Maintenance Worker II
129.3
1450/1735
--__ary Clark I
Works Maintenance Worker III
120.9
989'1187
Li' rary Clerk II
125.4
123.0
MOWN
!`Z intenance
Leadwcrker
1=9.9
149//1752
:__:< Vnineenance
Wor',Ler I
124.5
11601399
:a-.: *'aintenance
Worker 11
126.1
1251/1504
Far: Xaintenance
Worker III
127.8
1353 1622
___c
_
Works Maintenance Worker I
124.5
1166'1399
F:'z-ic
Works Maintenance Worker II
126.1
1254/1504
F ;tic
Works Maintenance Worker III
127.8
1355/1622
De^ar_ment Secretary
125.4
1215/1457
Senior
Librarian
132.6
1681/2007
Senicr
Library Clerk
124.5
1166/1399
SEnicr
Recreation Leader
127.4
1331/1594
Street
Maintenance Leadworker
129.9
1491/1782
Street
;Maintenance Supervisor
131.5
1601/1914
Streec
Sweeper Operator
129.9
1424/1704
Switchboard Operator/Receptionist
122.4
1059/1272
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X. REOPENER
Should paragraph IX render invalid any provisions of this Memo-
randum of Understanding, then meet -and -confer sessions shall
immediately commence in an effort to agree upon replacements
for such invalidated provisions.
XI. IMPLEMENTATION
This Memorandum of Understanding is subject to approval of the
City Council of the City of Azusa, and following such approval
shall be implemented by appropriate resolution(s) or ordinance(s)
of the City Council.
AZUSA CITY EMPLOYEES ASSOCIATION
BY
BY
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BY
BY
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