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HomeMy WebLinkAboutResolution No. 80540 RESOLUTION NO. 8054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE MEMORANDUM OF UNDER- STANDING BETWEEN THE CITY AND THE AZUSA CITY EMPLOYEES ASSOCIATION EFFECTIVE JUNE 29, 1986 THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: WHEREAS, the City Council, at their adjourned regular meeting of June 24, 1986, approved the Memorandum of Understanding between the City of Azusa and the Azusa City Employees Association, terms and conditions to be effective June 29, 1986: NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding attached hereto 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. ADOPTED AND APPROVED this 24th day of June, 1986. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at an adjourned regular meeting thereof held on the 24th day of June, 1986. AYES: COUNCILMEMBERS AVILA, COOK, CRUZ, MOSES NOES: COUNCILMEMBERS NONE ABSENT: COUNCILMEMBERS LATTA DEPUTY CITY CL^R 0 L MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AZUSA AND THE AZUSA CITY EMPLOYEES ASSOCIATION JUNE 29, 1986 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 "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 appropriate 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: I. SALARY Effective June 29, 1986, the base monthly salary of each employee shall be increased according to the information contained in Exhibit "A" of this document. 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. 1 of 9 0 0 MEMORANDUM OF UNDERSTANDING AZUSA CITY EMPLOYEES ASSOCIATION JUNE 29, 1986 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 sea. 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 Memo- randum 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: 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. 2 of 9 0 0 MEMORANDUM OF UNDERSTANDING ACEA CITY EMPLOYEES ASSOCIATION JUNE 29, 1986 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, 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. 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. 3 of 9 0 0 MEMORANDUM OF UNDERSTANDING AZUSA CITY EMPLOYEES ASSOCIATION JUNE 29, 1986 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, 1986, 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. 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 three hundred dollars ($300) per month for each employee. 4 of 9 MEMORANDUM OF UNDERSTANDING AZUSA CITY EMPLOYEES ASSOCIATION JUNE 29, 1986 This plan may be used by the employee to pay, to the extent available, for individual or dependent health coverage, dental plan, life insurance, up to fifty percent (50%) of membership fees for a health club or similar organization, deferred compensation, or other available group insurance, or any combination of these items. The employee understands that in the event the total premiums and/or expense for options selected by him/her exceeds the amount of the City's contribution of three hundred dollars ($300) per month, the excess shall be deducted from gross wages of the employee. B. For the 1986-87 year only, the Association agrees to forego Lincoln's Birthday in lieu of a "floating" holiday. This "floating" holiday shall be taken off by the employee on one of the following dates: December 26 or January 2. On an ongoing basis, the Association agrees to one additional "floating" holiday in lieu of Martin Luther King, Jr., day. All "floating" holidays shall be requested in advance from the appropriate department head or division chief. Enough employees shall remain at work during "floating" holidays so that the City's business may be conducted. "Floating" holidays shall accrue on July 1 and must be taken by the following June 30, or the hours will be forfeited. C. The City agrees to provide a personal equipment allowance of one hundred thirty-five dollars ($135) per employee for up to two (2) pairs of safety shoes/boots or garments per year required by the department head. 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) to the City's Safety Committee. The committee shall have the authority to investigate the claim and recommend to the 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) limit. 5 of 9 0 0 MEMORANDUM OF UNDERSTANDING AZUSA CITY EMPLOYEES ASSOCIATION JUNE 29, 1986 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 31 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) per year for Tuition Reimbursement. Included as part of educational expenses shall be reasonable mileage traveled for the purposes of taking course work. 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 may be submitted at the beginning of course work and must be submitted for payment no later than thirty (30) calendar days following the receipt of the official college or university grade(s) for the preceding semester or quarter. For the purposes of administration, the annual amount of available Tuition Reimbursement is based on the fiscal year beginning July 1, and the course 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 Through the 15th year of employment 25/days/year Through the 16th year of employment 26/days/year 6 of 9 0 0 MEMORANDUM OF UNDERSTANDING AZUSA CITY EMPLOYEES ASSOCIATION JUNE 29, 1986 (Exhibit A) CLASSIFICATION RANGE 1ST & 5TH STEP Account Clerk 150 $1400.30 - 1702.07 Accountant 189 2064.21 - 2509.06 Accounting Technician 174 1778.01 - 2161.18 Administrative Clerk I 133 1182.38 - 1437.19 Administrative Clerk II 143 1306.08 - 1587.55 Administrative Secretary 169 1691.71 - 2056.29 Assistant City Planner 190 2084.85 - 2534.15 Asst Code Enforcement Off 168 1674.96 - 2035.93 Associate City Planner 200 2302.97 - 2799.28 Building Maintenance Supervisor 175 1795.79 - 2182.79 Building Maintenance Worker I 150 1400.30 - 1702.07 Building Maintenance Worker II 160 1546.80 - 1880.15 Bus Driver 158 1516.32 - 1843.10 Business License Officer 167 1658.38 - 2015.77 Civil Engineering Assistant 202 2349.26 - 2855.55 Computer Operator 174 1778.01 - 2161.18 Engineering Aide 171 1725.72 - 2097.62 Equipment Maintenance Supervisor 192 2126.76 - 2585.09 Librarian 175 1795.79 - 2182.79 Library Assistant 140 1267.67 - 1540.86 Library Clerk I 130 1147.61 - 1394.92 Library Clerk II 140 1267.67 - 1540.86 Park Maintenance Crew Supervisor 184 1964.03 - 2387.29 Park Maintenance Supervisor 196 2213.11 - 2690.05 Park Maintenance Worker I 153 1442.73 = 1753.65 Park Maintenance Worker II 163 1593.67 - 1937.12 Park Maintenance Worker III 174 1778.01 - 2161.18 Personnel Assistant 174 1778.01 - 2161.18 Purchasing Assistant 174 1778.01 - 2161.18 Recreation Supervisor 190 2084.85 - 2534.15 Secretary 158 1516.32 - 1843.10 Secy to City Administrator 179 1868.70 - 2271.42 Senior Account Clerk 164 1609.61 - 1956.49 Senior Citizens Program Supervisor 190 2084.85 - 2534.15 Senior Librarian 185 1983.67 - 2411.16 Senior Library Clerk 150 1400.30 - 1702.07 Senior Tree Trimmer 184 1964.03 - 2387.29 Street Maintenance Crew Supervisor 184 1964.03 - 2387.29 Street Maintenance Supervisor 196 2213.11 - 2690.05 Street Maintenance Worker I 153 1442.73 - 1753.65 Street Maintenance Worker II 163 1593.67 - 1937.12 Street Maintenance Worker III 174 1778.01 - 2161.18 Street Sweeper 171 1725.72 - 2097.62 Transportation Coordinator 168 1674.96 - 2035.93 Tree Trimmer 170 1708.63 - 2076.85 MEMORANDUM OF UNDERSTANDING AZUSA CITY EMPLOYEES ASSOCIATION JUNE 29, 1986 I. The City agrees to pay time and one-half (1 1/2) for standby time with a minimum of two (2) hours, which will result in three (3) hours of regular time. VIII.TERM OF MEMORANDUM OF UNDERSTANDING The term of this Memorandum of Understanding shall commence on June 29, 1986, and shall continue through and including June 30, 1987. 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. 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 business 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. 7 of 9 MEMORANDUM OF UNDERSTANDING AZUSA CITY EMPLOYEES ASSOCIATION JUNE 29, 1986 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: (a) Carry over the accrual 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 began 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 permitted 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. 8 of 9 9 0 MEMORANDUM OF UNDERSTANDING AZUSA CITY EMPLOYEES ASSOCIATION JUNE 29, 1986 XI. HOLIDAYS Employees shall receive or be compensated for the following holidays during the 1986-87 fiscal year: New Year's Day Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day 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. 9 of 9 0 0 MEMORANDUM OF UNDERSTANDING AZUSA CITY EMPLOYEES ASSOCIATION JUNE 29, 1986 (Exhibit A) CLASSIFICATION RANGE 1ST & 5TH STEP Account Clerk 150 $1400.30 - 1702.07 Accountant 189 2064.21 - 2509.06 Accounting Technician 174 1778.01 - 2161.18 Administrative Clerk I 133 1182.38 - 1437.19 Administrative Clerk II 143 1306.08 - 1587.55 Administrative Secretary 169 1691.71 - 2056.29 Assistant City Planner 190 2084.85 - 2534.15 Ass't Code Enforcement Officer 168 1674.96 - 2035.93 Associate City Planner 200 2302.97 - 2799.28 Building Maintenance Supervisor 175 1795.79 - 2182.79 Building Maintenance Worker I 150 1400.30 - 1702.07 Building Maintenance Worker II 160 1546.80 - 1880.15 Bus Driver 158 1516.32 - 1843.10 Business License Officer 167 1658.38 - 2015.77 Civil Engineering Assistant 202 2349.26 - 2855.55 Computer Operator 174 1778.01 - 2161.18 Engineering Aide 171 1725.72 - 2097.62 Equipment Maintenance Supervisor 192 2126.76 - 2585.09 Librarian 175 1795.79 - 2182.79 Library Assistant 140 1267.67 - 1540.86 Library Clerk I 130 1147.61 - 1394.92 Library Clerk II 140 1267.67 - 1540.86 Park Maintenance Crew Supervisor 184 1964.03 - 2387.29 Park Maintenance Supervisor 196 2213.11 - 2690.05 Park Maintenance Worker I 153 1442.73 - 1753.65 Park Maintenance Worker II 163 1593.67 - 1937.12 Park Maintenance Worker III 174 1778.01 - 2161.18 Personnel Assistant 174 1778.01 - 2161.18 Purchasing Assistant 174 1778.01 - 2161.18 Recreation Supervisor 190 2084.85 - 2534.15 Secretary 158 1516.32 - 1843.10 Secy to City Administrator 179 1868.70 - 2271.42 Senior Account Clerk 164 1609.61 - 1956.49 Senior Citizens Program Supervisor 190 2084.85 - 2534.15 Senior Librarian 185 1983.67 - 2411.16 Senior Library Clerk 150 1400.30 - 1702.07 Senior Tree Trimmer 184 1964.03 - 2387.29 Street Maintenance Crew Supervisor 184 1964.03 - 2387.29 Street Maintenance Supervisor 196 2213.11 - 2690.05 Street Maintenance Worker I 153 1442.73 - 1753.65 Street Maintenance Worker II 163 1593.67 - 1937.12 Street Maintenance Worker III 174 1778.01 - 2161.18 Street Sweeper Operator 174 1778.01 - 2161.18 Transportation Coordinator 168 1674.96 - 2035.93 Tree Trimmer 170 1708.63 - 2076.85 0 0 MEMORANDUM OF UNDERSTANDING AZUSA CITY EMPLOYEES ASSOCIATION JUNE 29, 1986 DATE rS -c>�' U CY� CITY OF AZUSA DATE DATE____ BY DAT