HomeMy WebLinkAboutResolution No. 77700
RESOLUTION NO. 7770
A RESOLUTION OF THE CITY COUNCIL OF THE
THE MEMORANDUM OF UNDERSTANDING BETWEEN
CITY EMPLOYEES ASSOCIATION (A.C.E.A.)
0
CITY OF AZUSA ADOPTING
THE CITY AND THE AZUSA
WHEREAS, the City Council, at its regular meeting of
August 19, 1985, approved the Memorandum of Understanding
between the City of Azusa and the Azusa City Employees
Association (A.C.E.A.), terms and conditions to be effective
July 1, 1985.
NOW, THEREFORE, BE IT RESOLVED that the Memorandum of
Understanding attached hereto as Exhibit "A" is hereby adopted
by resolution.
The City Clerk shall certify to the adoption of this
resolution and shall transmit a copy thereof to the Azusa City
Employees Association (A.C.E.A.).
ADOPTED AND APPROVED this 19th day of August, 1985.
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 19th day of August, 1985, by the
following vote of the Council:
AYES: COUNCILMEMBERS: CRUZ, COOK, CAMARENA, LATTA, MOSES
NOES: COUNCILMEMBEF.S : NONE
ABSENT: COUNCILlIE14BERS: NONE
CITY///CLERK
0 0
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF AZIISA AND THE
AZIISA 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 "employees") employed by the various departments
of the City of Azusa (hereinafter referred to as "City"), and
occupying the classifications as listed in Exhibit "B" 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 appropriate ordinance, resolution, or other
lawful action.
Therefore, the City and the Association agree that, subject
to approval and implementatiop 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:
l
I. SALARY • •
Effective June 30, 1985, the base monthly salary of each
employee shall be increased by five percent (58) to the
appropriate Salary Range. In addition, also retroactively,
the City shall pay the cost of the 1959 Survivor's Benefit.
Any employee who has resigned, been terminated or physically
left City employment on or before August 18, 1985, shall
be excluded from receiving any salary increase retroactively
to July 1, 1985. Any employee of the Engineering Division
who possesses a Certificate of Registration as a Civil
Engineer and who was employed prior to the effective date
of this Memorandum, shall be entitled to a monthly salary
increment of 10% of the employee's base rate.
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 participating in protected
activities in accordance with Government Code Section
3500, et seq.
B. The City and the Association agree that they shall
not discriminate 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 provision
or provisions of this Agreement in compliance with
state or federal anti -discrimination laws.
IV. CITY RIGHTS
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 Memorandum 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
Revised 8/30/85
LHP,
2
TLB 2t
HS SW JJF
0
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.
S. To determine and change the number of locations,
relocations, 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 subcontract any work or
operations of the City.
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 funds
or 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.
3
0 0
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.
B. The City shall have the right to exercise the rights
provided in sections 119" through 1116" of the Management
rights clause, in accordance with the Personnel Rules
and Regulations as they exist as of June 30, 1985, 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 that
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 jurisdiction, all other
provisions of this Memorandum of Understanding shall
remain in full force and effect for the duration of
this Memorandum of Understanding.
4
0 0
VI. MAINTENANCE OF EXISTING BENEFITS
Except as provided herein, all wages, hours and
economic terms and conditions of employment presently
enjoyed by employees shall remain in full force and
effect during the entire term of this Memorandum of
Understanding unless mutually agreed to the contrary
by both parties hereto.
VII. THE CITY ALSO AGREES TO THE FOLLOWING FOR EMPLOYEES
A. The City will maintain the Cafeteria Benefit Plan at
two hundred eighty dollars ($280.00) per month for each
employee. Effective January 1, 1986, the City agrees
to increase this amount by twenty dollars ($20.00) per
month for each employee, for a total of three hundred
dollars ($300.00) per month for each employee. This
plan may be used by the employee to pay, to the extent
available, for individual or dependent health coverage,
dental plan life insurance, deferred compensation, or
other available group insurance, or any combination of
these items. The employee understands that in the
event the total premiums of various insurances selected
by him or her exceeds the amount of the City's
contribution of two hundred eighty dollars ($280.00)
per month, or three hundred dollars ($300.00) per month
on and after January 1, 1986, the excess shall be
deducted from their gross wages.
B. For the 1985-86 year only, the City agrees to one
additional holiday ip the form of a "floating" holiday.
The Association agrees to forego Lincoln's Birthday in
lieu of a second "floating" holiday. These two
"floating" holidays shall be taken off by the employee
on any combination of the four following dates:
December 26, 27, 30, and 31, 1985. These days off
shall be requested in advance from the appropriate
department head or division chief. Enough employees
shall remain at work during these four days so that the
City's business may be conducted.
C. The City agrees to provide a shoe allowance of one
hundred thirty-five dollars ($135.00) per employee for
up to two (2) pairs of safety shoes/boots per year if
required by the department head. The balance of this
allowance may be applied toward additional shoes/boots
or City -approved jac)cet.
D. If, in the course of business, an office employee's
personal clothing or effects is accidentally damaged or
destroyed, the employee may submit a claim for
reimbursement up to one hundred dollars ($100.00) to
the City's Safety Committee. The committee shall have
the authority to investigate the claim and recommend to
!.7
0 0
City Administrator, or his designee, to pay the full
amount of the claim, deny the claim, or apportion the
claim based on normal wear and tear of the item and/or
the extent of the employee's negligence in following
proper safety procedures. It is expressly understood
that stockings and socks are exempt from this procedure.
It is further expressly understood that prescription eye
glasses or contact lenses and hearing aid devices are
exempt from the one hundred dollar ($100.00) limit.
E. The City shall provide term life insurance equal to one
times annual earnings, excluding overtime, Stand By,
Call -Back and other forms of supplemental compensation,
for each employee.
F. Employee shall be required to use one half (1/2) of
their annual Vacation accrual yearly and shall be able
to carry over one half (1/2) of one year's Vacation
accrual from one year to the next, cumulatively, up to a
maximum of two (2) times the annual accrual amount. The
employee shall be authorized to cash in one forth (1/4)
of the annual accrual per year by March 31st in lieu of
carrying it over, if approved by the appropriate
department head.
G. The City shall make available to each employee an amount
not to exceed one thousand dollars ($1,000.00) per year
for Tuition Reimbursement. A Scholarship Committee
shall be established by the City to oversee this program
and to decide whether or not certain course(s) are job-
related for an individual employee.
Any claim for Tuition Reimbursement shall be submitted
for payment no later than thirty (30) calendar days
following the receipt of the official college or
university grade(s) for the preceeding semester or
quarter. For the purposes of administration, the annual
amount of available Tuition Reimbursement is based on
the fiscal year beginning July 1st and the course(s) is
deemed to fall in the fiscal year in which the date of
the final examination is scheduled.
H. All EMPLOYEES shall accrue vacation leave as:
Through
the
4th
year
of
employment
11/days/year
Through
the
5th
year
of
employment
15/days/year
Through
the
6th
year
of
employment
16/days/year
Through
the
7th
year
of
employment
17/days/year
Through
the
8th
year
of
employment
18/days/year
Through
the
9th
year
of
employment
19/days/year
Through
the
10th
year
of
employment
20/days/year
Through
the
11th
year
of
employment
21/days/year
Through
the
12th
year
of
employment
22/days/year
Through
the
13th
year
of
employment
23/days/year
Through
the
14th
year
of
employment
24/days/year
0
0 0
Through the 15th year of employment
Through the 16th year of employment
VIII.TERM OF MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding
on July 1, 1985, and shall continue through
June 30, 1986.
IX. SAVINGS CLAUSE
25/days/year
26/days/year
shall commence
and including
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.
X. SICK LEAVE AND BEREAVEMENT LEAVE
Sick Leave shall not be construed as a right which an
employee may use at his or her discretion, but shall be
allowed only in case of necessity or actual sickness or
disability.
Beginning on the first payday on or after January 1, 1986, a
yearly evaluation period for use of sick leave will be
established. At the end of the time period, the Finance
Department will analyze and report to the various employees
the amount of sick leave earned, less the amount used, and
the net accrued during the calendar year.
If the employee has used more than three, but not more than
six days of sick leave, including time spent on personal
businewss or bereavement, he or she would have the following
options:
(a) Carry over the accrual and add it to his or her sick
leave balance.
(b) Convert one-fourth of the accrual to vacation or
convert one-fourth to cash (but no combination of these
two); unused, unconverted leave would then be added to
the employee's sick leave balance.
If the employee has used no more than three days of sick
leave, including time spent on personal business or
bereavement, he or she would have the following options:
7
0 0
(a) Carry over the accgual and add it to his or her sick
leave balance.
(b Convert one-third of the accrual to vacation or convert
one-third of it to cash (but no combination of these
two); unused or unconverted leave would then be added
to the employee's sick leave balance.
Any employee who begain his or her employment with the City
on or before December 31, 1985, would be permitted to be
"grandpersoned" in under the Sick Leave policy heretofore in
effect, which is as follows:
The employee may convert fifty percent (50%) of his or her
accrued Sick Leave balance to cash upon death (if he or she
has attained Permanent status); disability retirement (if he
or she has been employed by the City a minimum of five (5)
years); or voluntary retirement (if he or she has been
employed by the City of minimum of ten (10) years).
The employee may convert fifty percent (50%) of his or her
accrued Sick Leave balance to cash for hours in excess of
three hundred twenty (320) hours to a maximum payment of two
hundred forty (240) hours.
An EMPLOYEE may be permited to take up to three (3) days of
Bereavement Leave in the event of the death of a member
of his or her immediate family. "Immediate family" member
is herewith defined as a mother, father, brother, sister,
spouse, child, mother-in-law, father-in-law, or relative
living within the employee's household. Persons in loco
parentis may also be considered under certain circumstances.
Such leave shall not be charged against the employee's Sick
Leave or Vacation.
In addition to Bereavement Leave, an employee may request up
to two (2) days of Sick Leave in the event of the death of
an immediate family member. Such leave shall be charged
against the employee's accrued Sick Leave balance and shall
be considered in calculating his or her ability to convert
the balance.
H
0 0
XI. HOLIDAYS
Employees shall receive or be compensated for the fol-
lowing holidays during the 1985-86 fiscal year:
New Year's Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's pay
Thanksgivipg Day
Day after Thanksgiving
Christmas pay
Lincoln's Birthday is foregone in lieu of a "floating"
holiday described in paragraph VII, section B.
XII. REOPENER
Should paragraph IX render invalid any provision of this
Memorandum of Understanding, then meet -and -confer session(s)
shall immediately commence in the effort to agree upon
replacement(s) for such invalidated provisions (s).
XIII. 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.
0
AZUSA CITY EMPLOYEES ASSOCIATION
BY
CITY
BY-
BY-
is
YBY
10
is
DATE P-" -�Z /
DATE JJ Z. /a
DATE • -=,:� ,
DATE ("/. --21
DATE_, Z�
DATE— '21
�J J
LETTER OF AGREEMENT
BETWEEN
CITY OF AZUSA
AND
AZUSA CITY EMPLOYEES ASSOCIATION
AZUSA POLICE RELIEF ASSOCIATION
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
February 18, 1986
The City of Azusa hereby agrees with the Azusa City Employees
Association (ACEA), Azusa Police Relief Association (APRA), and
the International Brotherhood of Electrical Workers (IBEW) to
interpret the current Memoranda of Understanding to mean that
the vacation accrual schedule enumerated in said documents shall
be applicable for calendar year 1985.
For t e City:
For
/the ACEA:
For the APRA:
2i'2
For the IBEW:
:JrlrVAI WA 2- INEWIr 74 W-F.W55, Me