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HomeMy WebLinkAboutResolution No. 8450RESOLUTION NO. 8450 • 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 EFFECTIVE JULY 1, 1988. THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: Whereas, the City Council, at their regular meeting of July 5, 1988, approved the Memorandum of Understanding between the City of Azusa and the Azusa City Employees Association, terms and conditions to be effective July 1, 1988: Now, therefore, be it resolved by the City Council of the City of Azusa that the Memorandum of Understanding attached hereto is hereby adopted by resolution. ADOPTED AND APPROVED this 5th day of July, 1988. MAYOR 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 5th day of July, 1888. AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, POSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE X'// CITY RK 0 0 T A B L E O F C O N T E N T S 1. TERM OF MEMORANDUM OF UNDERSTANDING ........................1 2. SAVINGS CLAUSE.............................................1 3. REOPENER...................................................2 4. SALARY.....................................................2 5. RETIREMENT.................................................2 6. TOTAL COMPENSATION.........................................2 7. NON-DISCRIMINATION.......................................2 7.A. Protection of Rights..................................2 7.8. Anti-Discrimination...................................2 S. CITY RIGHTS... • ........................................3 B.A. ManagementRights...................................3 B.B. Conformance With Rules................................4 S.C. Meet and Confer.......................................4 9. SEPARABILITY...............................................5 10. MAINTENANCE OF EXISTING BENEFITS ...........................5 11. CAFETERIA BENEFIT PLAN...... ............................5 11.A. Amount of Monthly Benefit ............................5 11.B. Eligibility..........................................5 11.C. Termination..........................................6 12. HEALTH INSURANCE DURING RETIREMENT .........................6 13. EMPLOYEE ASSISTANCE PLAN...................................6 14. LIFE INSURANCE.............................................6 15. CAR ALLOWANCE..............................................6 16. EQUIPMENT ALLOWANCE........................................7 17. STANDBY...................................................7 18. CALLBACK.... • .. .. •.................................7 18.A. AppropriateRate of Pay for Callback.................7 19. WORK WEEK AND TIMEKEEPING INTERVAL .........................8 19.A. Work Week...........................................8 19.B. Timekeeping Interval.................................8 i 0 0 20. PREMIUM PAY (Paint Crew)...................................8 21. OVERTIME/COMPENSATORY TIME.................................8 22. OVERTIME MEAL POLICY..................................9 22.A. Beyond Regular Shift.. ............................9 22.B. Outside of Regular Shift .............................9 22.C. Before 5 a.m.........................................9 23. DAMAGE TO PERSONAL EFFECTS.................................9 24. TUITION REIMBURSEMENT.....................................10 25. LICENSE RENEWAL...........................................10 26. SICK LEAVE.............................................10 26.A. One -Fourth Conversion...............................10 26.B. One -Third Conversion .. ............................11 26.C. For Employees Hired Prior to December 31, 1985......11 26.D. Conversion Deadline.................................11 27. BEREAVEMENT LEAVE.........................................11 28. VACATION .. .. ...........................................12 28.A. Required usage and Carryover ........................12 28.B. Cash -In Policy......................................12 28.C. Accrual.............................................12 29. HOLIDAYS.. • ....................................13 29.A. Designated Holidays .................................13 29.B. Floating Holidays...................................13 30. LAY OFF...................................................13 31. INDUSTRIAL LEAVE..........................................13 32. IMPLEMENTATION............................................15 ii 0 0 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AZUSA AND THE AZUSA CITY EMPLOYEES ASSOCIATION JULY 1, 1988 This Memorandum of Understanding is entered into with reference to the following facts: (1) the Azusa City Employees Association (ACEA) (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: 1. TERM OF MEMORANDUM OF The term of this Memorandum of Understanding shall commence on July 1, 1988, and shall continue through and including June 30, 1989. 2. 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 Under- standing invalid, then those changes alone shall not be given effect and the remainder of this Memorandum of Under- standing shall be unaffected and shall remain in full force and effect. 1 MEMORANDUM OF UPERSTANDING, ACEA, JULY 1, 1988 3. REOPENER Should No. 2 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). 4. SALARY 5. Effective July 1, 1988, the base monthly salary of each employee shall be increased according to the information contained in Exhibit "A" of this document. If the Survivor Benefit Amendment indicated in Section 5 results in a suf- ficient savings to the City, as expected, the City will grant an additional 1% salary increase effective January 1, 1989. The City shall continue its contract with the Public Employees' Retirement System (PERS) under the "2% @ 60 full formula" plan. The City agrees to amend its contract with PERS to upgrade to the increased level of the 1959 Survivor Benefit. The City will expeditiously proceed with the amendment, and it shall be implemented according to the rules of the Retirement System. The City shall continue to pay both the "employee" and "employer" share of the cost of this benefit. 6. 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. 7. NON-DISCRIMINATION 7.A. Protection of Rights 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. 7.B. Anti -Discrimination 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 N MEMORANDUM OF PERSTANDING, ACEA, JULY 1, 7988 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. S. CITY RIGHTS B.A. Management Rights 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. (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. 7 MEMORANDUM OF UPERSTANDING, ACEA, JULY 1,4P988 (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. (19) To take any and all necessary action to carry out the mission of the City in emergencies. B.B. Conformance With Rules 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 May 16, 1988, and shall exercise these rights in conformance with the Personnel Rules and Regulations. B.C. Meet and Confer 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 4 MEMORANDUM OF UVERSTANDING, ACEA, JULY 1, f988 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. 9. 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. 10. 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. 11. CAFETERIA BENEFIT PLAN 11.A. Amount of Monthly Benefit The City will maintain the Cafeteria Benefit Plan (CBP) at three hundred thirty-seven ($337) dollars 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, up to fifty percent (50%) of membership fees for a health club or similar organi- zation, 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 thirty-seven ($337) dollars per month, the excess shall be deducted from gross wages of the employee. 11.B. Eligibility In order for an employee to be eligible for the CBP in any given month, he/she must be on payroll for fifteen days within that month. If an employee does not meet the qualifying work time, arrangements must be made with the Finance Department to reimburse the City for any benefits that have already been paid out on the employee's behalf for that month. The Finance Department will notify the employee if he/she has not worked sufficient days to qualify for the CBP. 5 MEMORANDUM OF U• RSTANDING, ACEA, JULY 1, I988 New employees will be eligible for the full CBP Plan applicable to their particular bargaining unit if they begin work prior to the 16th of the month. Employees whose date of hire is on the 16th or thereafter will not be eligible for CBP for that month. 11.C. Termination It is agreed that the City will not be responsible for payment of any insurance premium(s) on behalf of an employee represented by the Association following the month of termination. If an employee represented by the Association wishes to continue his or her benefits, advance payment for such premium(s) will be deducted from this plan for the employee, or if he or she is not eligible for this plan, then the deduction shall be made from the employee's final paycheck. 12. HEALTH INSURANCE DURING All of the above notwithstanding, the City shall continue to pay during retirement the Cafeteria Benefit Plan (CBP) for those Association employees who have, at the time of retirement, at least twenty (20) years of service with the City of Azusa, and who enroll or continue in the City's health insurance program. The monthly amount of the CBP shall be equal to one-half (1/2) of the premiums for such health insurance regardless of how many family members are enrolled. This CBP plan shall remain in effect until the retiree, or eligible survivor is covered by Medicare, reaches 65 years of age, or passes away, whichever occurs first. Once an individual has qualified for this provision, he or she shall retain this eligibility even if this provision is terminated at a later date. 13. EMPLOYEE ASSISTANCE PLAN The City shall make a concerted effort to establish an Employee Assistance Plan as soon as possible. 14. LIFE INSURANCE The City shall provide term life insurance equal to twelve months of salary or $30,000, whichever is greater, excluding overtime, standby, callback, and other forms of supplemental compensation, for each employee. 15. CAR ALLOWANCE Those individuals who on June 30, 1988, occupy the classifications of Recreation Supervisor and Senior Citizens Program Supervisor, and as long as they are employed in these classifications, respectively, shall receive the sum of one hundred sixty-five dollars ($165.00) as monthly base pay, in addition to the amount listed on "Exhibit All, in lieu of a car allowance. E MEMORANDUM OF UNDERSTANDING, ACEA, JULY 1, 988 This special compensation shall be eliminated when the employee for any reason permanently vacates his/her position. 16. EQUIPMENT ALLOWANCE 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. 17. STANDBY 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. The City also agrees to provide a vehicle to one employee only while on standby time. If more than one employee is on standby at the same time, then the vehicle shall be assigned to the employee whose legal residence is geographically closest to the City's Corporation Yard. 18. CALLBACK If an employee is required to be called back to work after completing his or her normal shift or after having left City premises or the employee's work location, the employee shall be compensated at the appropriate rate for each hour worked on callback with a minimum of (2) hours callback compensation at the appropriate rate, regardless of whether the employee actually works less than two (2) hours. This provision shall be applicable to an employee even though the employee's regular work week is not complete but shall not apply to an employee who is continuing on duty for his/her normal work shift. For the purposes of this section only, the time starts when the callback call is received by the employee. 18.A. Appropriate Rate of Pay for Callback The rate of pay for the first callback during a twenty- four (24) hour period shall be at one (1) times the normal rate of pay. All other callback during the same twenty-four (24) hour period shall be at one and one- half (1 1/2) times the normal rate of pay, except between 12 midnight and 5 a.m., the first call shall be compensated at double-time (2) rate. For the purposes of this section only, the time period to be used in computing whether a callback is the first callback shall be from 4:00 p.m. to 4:00 p.m. the next calendar day. All other callbacks during the same twenty-four (24) hour period shall be compensated at the double-time (2) rate. 7 MEMORANDUM OF U• RSTANDING, ACEA, JULY 1, 1988 19. WORK WEER AND TIMEKEEPING INTERVAL 19.A. Work Week The regular work week for all employees covered by this agreement shall be forty (40) hours for a seven (7) day period beginning at 12:01 a.m. each Sunday and consists of five (5) days a week and eight (8) hours per day. Daily hours of work or shifts for employees within departments shall be assigned by the department head, as required to meet the needs of the department. 19.B. Timekeeping Interval In compliance with FLSA, the minimum timekeeping interval shall be fifteen (15) minutes. Periods of time of seven (7) minutes or less shall be rounded down and periods of time of eight (8) minutes or more shall be rounded up. 20. PREMIUM PAY (Paint Crew) Any employee assigned to the paint crew in the Street Maintenance division of the Community Development Department who is scheduled to work after 12 o'clock midnight will receive an additional twenty-five cents ($0.25) per hour for each hour worked after that time. This additional pay constitutes premium pay and is not to be considered as a part of the employee's base salary. 21. OVERTIME/COMPENSATORY TIME Employees shall be entitled to overtime pay or compen- satory time off for all hours worked in excess of eight (8) hours in one work day or forty (40) hours within the employee's regular work week. For the purposes of this agreement, holiday pay, sick leave, and other compensated time off shall count for the hours. Compensatory time may be accumulated at the appropriate rate for each hour of overtime worked to the maximum accrual rate set by Federal law. Overtime pay or compensatory time off for overtime shall be accumulated in no less than fifteen minutes per day incre- ments. When an employee works less than fifteen minutes per day of overtime, the employee shall not receive compensatory time for such overtime. In order to be entitled to any compensation for overtime hours worked, such overtime work must have been authorized by the department head or the City Administrator. Accumulated compensatory time not taken off in the pay period in which it was earned, may be carried over to a maximum of two hundred forty (240) hours (160 hours worked at time -and -one-half would equal 240 hours). 3 MEMORANDUM OF U• RSTANDING, ACEA, JULY 1, I988 22. OVERTIME MEAL POLICY 22.A. Beyond Regular Shift when an employee is required to work continuous, unplanned overtime beyond his or her regular shift, he or she shall be provided with a meal and time to eat the meal no more than two hours after the commencement of such work and no less frequently than every four hours actually worked thereafter or he or she shall receive a meal reimbursement of eight dollars for each such period. 22.B. Outside of Regular Shift When an employee is required to perform scheduled or un- scheduled work outside of his or her regular work hours, as a result of an emergency situation, he or she shall be provided with a meal and the time to eat the meal no less frequently than every four (4) hours or a meal reim- reimbursement of eight dollars ($8) for each such four (4) hour period. 22.C. Before 5 a.m. In the event that an employee is summoned to work before five o'clock in the morning (5 a.m.) and is required to continue to work into his or her regular shift on the same task that he or she was summoned for shall be provided with a meal and time to eat the meal no less frequently than every four (4) hours or a meal reimbursement of eight dollars ($8) for each such four (4) hour period. 23. DAMAGE TO PERSONAL EFFECTS 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. E MEMORANDUM OF ARSTANDING, ACEA, JULY 1, 88 24. TUITION 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. All tuition reimbursement shall be for certificates that are for items over and above the minimum requirements for the recipient's job. 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. 25. LICENSE RENEWAL The City agrees to pay the cost of maintaining certification and licenses that are within the minimum requirements for the licensee's job. The cost of this reimbursement is not to exceed thirty dollars ($30). 26. SICK 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. A yearly evaluation period for the use of sick leave was established beginning on the first payday on or after January 1, 1986. 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. 26.A. One -Fourth Conversion 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: (1) Carry over the accrual and add it to his or her sick leave balance. 10 OF UaRSTANDING, ACEA, JULY 1,88 (2) Convert, only to the extent that his/her balance is more than zero at the beginning of the new year, 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. 26.B. One -Third Conversion 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: (1) Carry over the accrual and add it to his or her sick leave balance. (2) Convert, only to the extent that his/her balance is more than zero at the beginning of the new year, 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. 26.C. For Employees Hired Prior to December 31, 1985 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. 26.D. Conversion Deadline A decision to convert sick leave according to the policies stated shall be made by March 31. 27. BEREAVEMENT LEAVE An employee may be permitted to take up to five (5) 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, grandparents, or relative 11 MEMORANDUM OF UORSTANDING, ACEA, JULY 1, 088 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. 28. VACATION 28.A. Required Usage and Carryover An employee shall be required to use one half (1/2) of his/her 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 fifty two (52) times the then -current pay period rate of vacation accrual. This maximum is waived, however, until June 30, 1989, in order to provide a smooth transition to the new computer system installed in 1987. At that time, if the employee's balance is at or above its maximum, no further vacation shall be accrued until the employee's balance drops below the maximum. In special cases where it has not been possible, due to work load and other factors, for the employee to use his/her vacation before reaching the maximum, it shall be within the department head's authority to authorize cash payment in lieu of time off. 28.B. Cash -In Policy 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. 28.C. Accrual Vacation leave shall accrue as follows: Through the 4th year of employment ...... ll/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 12 MEMORANDUM OF UVERSTANDING, ACEA, JULY 1188 29. HOLIDAYS 29.A. Designated Holidays The employee shall receive time off with pay for the following holidays but only if the employee is paid for the workday that precedes or follows the holiday: July 4 Independence Day September 5 Labor Day October 10 Columbus Day November 11 Veteran's Day November 24 Thanksgiving Day November 25 Day after Thanksgiving December 26 Monday after Christmas January 2 Monday after New Year's February 13 Lincoln's Birthday February 20 Washington's Birthday May 29 Memorial Day 29.8. Floating Holidays Day Day The City and the Association agree to two additional floating holidays, including one 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. 30. LAY OFF The City agrees that in the event employees represented by the Association are laid off from their employment, a minimum of forty-five (45) calendar days notice will be given to each individual affected employee. Such notice shall be in writing and signed by an appropriate management employee. 31. INDUSTRIAL LEAVE A regular EMPLOYEE who is temporarily or permanently incapacitated as a result of injury or illness determined to be compensable under the Workers' Compensation Act shall be granted industrial leave under the following terms and conditions: A. An employee granted industrial leave shall continue to be compensated at his regular rate of pay in lieu of temporary disability payments. 13 MEMORANDUM OF UVERSTANDING, ACEA, JULY 1, 5988 B. Should it be determined that an employee's illness or injury did not arise in the course of the employee's employment with the City or that the employee is not temporarily or permanently incapacitated or disabled as a result of the injury or illness, then the employee's accrued or, if insufficient, future sick leave shall be charged to reimburse the City for any payments made to the employee pursuant to (A) above. C. An industrial leave of up to ninety (90) calendar days shall be authorized for each injury or illness determined to be compensable under the Workers' Compensation Act. Paid leave may be continued subject to review by the City Council at the end of such ninety (90) calendar day period to a maximum of one (1) calendar year. Supporting medical documentation must accompany such requests for leave and be submitted thirty (30) days prior to expiration date. D. Except as provided in B above, no employee shall have accrued sick leave deducted while on industrial leave. Vacation and sick leave shall accrue for an employee on industrial leave. E. Industrial leave shall expire when one of the following conditions occurs: (1) Employee is able to return to work to his regular position. (2) The day before the employee is retired or separated for disability. The employee's "retirement date" shall be the first of the month after all of the following occur and are determined by the Public Employees' Retirement System: (a) The employee's condition is determined to be permanent or of an extended duration. (b) The degree of disability precludes continued employment by the employee in his/her present position. (3) After fifty-two (52) weeks of industrial disability payments. F. Physicians may be assigned in compliance with the Health and Safety Code and the Workers' Compensation Laws of the State of California (Ref.: Section 4600 - Labor Code.) 14 MEMORANDUM OF UPERSTANDING, ACEA, JULY 1, 1988 32. 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. 15 0 0 MEMORANDUM OF UNDERSTANDING AZUSA CITY EMPLOYEES ASSOCIATION JULY 1, 1988 AZUSA CITY EMPLOYEES CITY OF AZUSA 17 DATE 3 DATE �� 3di 19S;P DATE r DATE Y�O i DATE -7-- -If Z -APAP DATE 3�/v /,?a BY CITY OF AZUSA 17 DATE 3 DATE �� 3di 19S;P DATE r DATE Y�O i DATE -7-- -If Z -APAP DATE 3�/v /,?a Ll B Bereavement Leave, 11 C Cafeteria Benefit Plan, 5 Eligibility, 5 Monthly Benefit, 5 Termination of, 6 Callback, 7 Car Allowance, 6 City Rights, 3 Compensatory Time, 8 Authorization, 8 Maximum allowed, 8 Conformance With Rules, 4 D Damaged personal effects, 9 E Employee Assistance Plan, 6 Equipment Allowance, 7 Existing Benefits, 5 F FLSA, 8 H Health Insurance During Retirement, 6 Holidays, 13 Designated, 13 Floating, 13 I Implementation, 15 Industrial Leave, 13 L Lay Off, 13 License Renewal, 30 State Pesticide License, 10 License/Certification maintenance, 10 Life Insurance, 6 M Management Rights, 3 Meet and Confer, 4 N Non -Discrimination, 2 1 0 0 Overtime, 8 Authorization, 8 Overtime Meal Policy, 9 Before 5 a.m., 9 Beyond Regular Shift, 9 Outside of Regular Shift, 9 P Premium Pay Paint Crew, 8 R Reopener, 2 Retirement, 2 0 S Salaries listed, 16 Salary, 2 Savings Clause, 1 Separability, 5 Sick Leave, 10 Conversion Deadline, 11 employees hired before Dec. 31, 1985, 11 One -Fourth Conversion, 10 One -Third Conversion, 11 Signature Page, 17 Standby, 7 T Term of Memorandum of Understanding, 1 Total Compensation, 2 Tuition Reimbursement, 10 V Vacation, 12 Accrual, 12 Carryover, 12 Cash -In Policy, 12 Required Usage, 12 W Work Week and Timekeeping Interval, 8 2 0 0 MEMORANDUM OF UNDERSTANDING AZUSA CITY EMPLOYEES ASSOCIATION JULY 1, 1988 (Exhibit "A") 16 MONTHLY CLASSIFICATION RANGE 1ST & 5TH STEP Account Clerk 150 $1543.84 - 1876.55 Accountant 189 2275.78 - 2766.24 Accounting Technician 174 1960.23 - 2382.67 Administrative Clerk I 133 1303.60 - 1584.53 Administrative Clerk II 143 1439.97 - 1750.30 Administrative Secretary 169 1865.10 - 2267.04 Assistant City Planner 190 2298.56 - 2793.90 Asst Code Enforcement Officer 168 1846.62 - 2244.61 Associate City Planner 201 2564.39 - 3117.04 Building Maintenance Supervisor 175 1979.84 - 2406.52 Building Maintenance Worker I 150 1543.84 - 1876.55 Building Maintenance Worker II 160 1705.34 - 2072.87 Bus Driver 158 1671.75 - 2032.03 Business License Officer 167 1828.35 - 2222.39 Civil Engineering Assistant 202 2590.05 - 3148.22 Computer Operator 174 1960.23 - 2382.67 Engineering Aide 171 1902.59 - 2312.63 Equipment Maintenance Supervisor 195 2415.80 - 2936.41 Librarian 175 1979.84 - 2406.52 Library Assistant 140 1397.63 - 1698.83 Library Clerk I 130 1265.25 - 1537.91 Library Clerk II 140 1397.63 - 1698.83 Park Maintenance Crew Supervisor 184 2165.33 - 2631.97 Park Maintenance Supervisor 196 2439.95 - 2965.78 Park Maintenance Worker I 153 1590.60 - 1933.41 Park Maintenance Worker II 163 1757.01 - 2135.66 Park Maintenance Worker III 174 1960.23 - 2382.67 Personnel Assistant 174 1960.23 - 2382.67 Purchasing Assistant 174 1960.23 - 2382.67 Recreation Supervisor 190 2298.56 - 2793.90 Secretary 158 1671.75 - 2032.03 Secy to City Administrator 179 2060.23 - 2504.21 Senior Account Clerk 164 1774.59 - 2157.02 Senior Citizens Program Supervisor 190 2298.56 - 2793.90 Senior Librarian 185 2186.98 - 2658.30 Senior Library Clerk 150 1543.84 - 1876.55 Senior Tree Trimmer 184 2165.33 - 2631.97 Street Maintenance Crew Supervisor 184 2165.33 - 2631.97 Street Maintenance Supervisor 196 2439.95 - 2965.78 Street Maintenance Worker I 153 1590.60 - 1933.41 Street Maintenance Worker II 163 1757.01 - 2135.66 Street Maintenance Worker III 174 1960.23 - 2382.67 Street Sweeper Operator 174 1960.23 - 2382.67 Transportation Coordinator 168 1846.62 - 2244.61 Transportation Dispatcher 163 1757.01 - 2135.66 Tree Trimmer 170 1883.75 - 2289.70 16