HomeMy WebLinkAboutResolution No. 8885RESOLUTION NO. 88$5
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,
1990.
THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE
AS FOLLOWS:
Whereas, the City Council, at its regular meeting of
July 16, 1990, approved the Memorandum of Understanding between
the City of Azusa and the Azusa City Employees Association, terms
and conditions to be effective July 1, 1990:
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.
The City Clerk shall certify to the adoption of this
resolution.
ADOPTED AND APPROVED this 16th day of July, 1990.
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, 1990.
AYES: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO,
ALEXANDER, POSES
NOES: COUNCILMEMBERS: NONE
: NONE
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF AZUSA
AND THE
AZUSA CITY EMPLOYEES ASSOCIATION
EFFECTIVE 7-1-90
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T A B L E O F C O N T E N T S
1. TERM OF MEMORANDUM OF UNDERSTANDING.... . .......... •..1
1.A. Reopener for 1991-92 Fiscal Year and1992-93 Fiscal Y.1
2. SAVINGS CLAUSE.............................................2
3. REOPENER...................................................2
4. SALARY.....................................................2
5. RETIREMENT.................................................2
6. TOTAL COMPENSATION.........................................2
7. NON-DISCRIMINATION.........................................3
7.A. Protection of Rights..................................3
7.B. Anti-Discrimination...................................3
S. CITY RIGHTS.. • .....................................3
S.A. ManagementRights...................................3
B.B. Conformance With Rules................................5
8.C. Meet and Confer.... .................. oo ............... 5
9. SEPARABILITY...............................................5
10. MAINTENANCE OF EXISTING BENEFITS ...........................5
11. CAFETERIA BENEFIT PLAN..... .............................5
11.A. Amount of Monthly Benefit ............................5
11.B. Eligibility..........................................6
11.C. Termination..........................................6
12. HEALTH INSURANCE DURING RETIREMENT .........................6
13. EMPLOYEE ASSISTANCE PLAN...................................7
14. LIFE INSURANCE.............................................7
15. CAR ALLOWANCE.... o ........ o ................................ 7
16. EQUIPMENT ALLOWANCE........................................7
17. STANDBY...................................................7
18. CALLBACK.... .. ...... ................7
... ..... ..... ... .....
18.A. Appropriate Rate of Pay for Callback.................a
19. WORKWEEK AND TIMEKEEPING INTERVAL ..........................8
19.A. Workweek.............................................8
19.B. Workday .• ................................... 8
19.C. Timekeeping Interval.................................8
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20. PREMIUM PAY .... .....................................8
20.A. Longevity Premium....................................8
20.B. Paint Crew...........................................9
21. OVERTIME/COMPENSATORY TIME.................................9
22. OVERTIME MEAL POLICY.......................................9
22.A. Beyond Regular Shift.. ............................9
22.B. Outside of Regular Shift ............................10
22.C. Before 5 a.m........................................10
23. DAMAGE TO PERSONAL EFFECTS................................10
24. TUITION REIMBURSEMENT.....................................10
25. LICENSE RENEWAL...........................................11
26. SICK LEAVE................................................11
26.A. Reasons for Sick Leave..............................11
26.B. Restrictions on Sick Leave .......................... 12
26.C. Accrual and Use.....................................12
26.D. Advance Sick Leave... ...........................12
26.E. Sick Leave During Vacation ..........................12
26.F. One -Fourth Conversion...............................12
26.G. One -Third Conversion.. ..... ................13
26.H. For Employees Hired Prior to December 31, 1985......13
26.I. Conversion Deadline.................................13
27. BEREAVEMENT LEAVE.........................................13
28. VACATION..................................................14
28.A. Required Osage and Carryover ........................14
28.B. Cash -In Policy......................................14
28.C. Accrual.............................................14
29. HOLIDAYS..................................................15
29.A. Designated Holidays.................................15
29.B. Floating Holidays...................................15
30. LAY OFF...................................................15
31. INDUSTRIAL LEAVE..........................................15
32. IMPLEMENTATION............................................17
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF AZIISA AND THE
AZIISA CITY EMPLOYEES ASSOCIATION
JULY 11 1990
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
OF
The term of this Memorandum of Understanding shall commence
on July 1. 1990, and shall continue through and including
June 30, 1993.
1.A. Reopener for 1991-92 Fiscal Year and 1992-93 Fiscal Year
The provisions of all Articles covering wages, Cafeteria
Benefit Plan, and three issues of concern to management and
three issues of concern to the Association shall be reopened
for negotiation upon written demand no earlier than sixty
(60) days but no later than thirty (30) days prior to the
end of each fiscal year. during such negotiations, all
Articles covering wages and benefits shall remain in effect
until new terms are mutually agreed upon or until the
impasse procedure is exhausted. This paragraph affects and
relates only to the articles enumerated and no other article
1
OF IINDEINTANDING, ACEA, JULY 1, 199
or provision shall be affected and any changes are to be
effective July 1, 1990.
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
Understanding 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.
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. 1990, the base monthly salary of each
employee shall be increased according to the information
contained in Exhibit "A" of this document.
The City shall continue its contract with the Public
Employees' Retirement System (PERS) under the 112% @ 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
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.
OF UND&ANDING, ACEA, JULY 1, 1911
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 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.
8. 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 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:
(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.
OF UND TANDING, ACEA, JULY 1, 191P
(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.
(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 perform-
ance 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 includ-
ing, 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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OF UNDATANDING, ACEA, JULY 10 191P
S.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.
S.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 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
Effective August 1, 1990, the City will maintain the
Cafeteria Benefit Plan (CBP) at three hundred seventy-seven
($377) 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 organization, deferred compensation
or other available group insurance, or any combination of
OF UNDAANDING, ACEA, JULY 1, 190
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 seventy-seven ($377) 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. 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 RETIREMENT
All of the above notwithstanding, the City shall continue to
pay during retirement the Cafeteria Benefit Plan (CBP) for
those Association employees employed on or before June 30,
1989, 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.
Employees hired after June 30, 1989, will not be eligible
for this benefit. 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.
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MEMORANDUM OF ONDITANDING, ACEA, JULY 11 19•
13. EMPLOYEE ASSISTANCE PLAN
The City will continue to maintain the Employee Assistance
Plan.
14. LIFE
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
classification of Recreation Supervisor and as long as they
are employed in this classification 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. 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 fifty dollars ($150) per employee for up to two
(2) pairs of safety shoes/boots or garments per year
required by the department head. Those members of the
Association who are employed for less than the fiscal year
shall have their boot allowance prorated.
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
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OF UNDERSTANDING, ACEA, JULY 11 1990
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.
1S.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.
19. WORKWEEK AND TIMEKEEPING INTERVAL
19.A. Workweek
Beginning August 5, 1990, the regular workweek 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 four (4) days a week and ten
(10) hours per day Monday through Thursday. 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. Workday
The workday will consist of ten and one half (10 1/2) hours
with one-half (1/2) hour for lunch and 40 minutes of breaks
to be scheduled in light of the departmental policy.
The City reserves the right to determine the beginning and
ending times of the workday.
19.C. 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
20.A. Longevity Premium
After completion of fifteen (15) years of service as a full-
time benefited employee, the employee shall receive a
premium of 31 above base salary.
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MEMORANDUM OF UNDERSTANDING, ACEA, JULY 1, 1990
After completion of twenty (20) years of such service, the
employee shall receive a premium of 5% above base salary.
20.B. Paint Crew
Any employee assigned to the paint crew in the Street
Maintenance Division of Public Works 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 compensa-
tory time off for all hours worked in excess of ten (10)
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 eighty (80) hours (53.33 hours worked at time -
and -one-half would equal 80 hours).
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.
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ACEA, JULY 1, 1990
22.B. Outside of Regular Shift
When an employee is required to perform scheduled or
unscheduled 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 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.
24. TUITION
The City shall make available to each employee an amount not
to exceed one thousand three hundred dollars ($1,300) per
fiscal 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
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OF UNDERSTANDING, ACEA, JULY 1, 1990
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. SIC& 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. Reasons for Sick Leave
Sick leave shall be granted for the following reasons:
(1) Personal illness or physical incapacity.
(2) The illness of a member of the employee's immediate
family (father, mother, sister or brother), or members
of the employees' household (husband, wife, and
children) that require the employees' personal care and
attention.
(3) Enforced quarantine of the employee in accordance with
Health Department regulations.
(4) Medical, dental, and optical appointments.
(5) Personal business not to exceed a maximum of twenty-four
(24) hours during any one (1) year. "personal business"
means those items of personal business that can only be
taken care of during regular working hours of the
employee. Personal business leave shall be approved or
disapproved by the department head in accordance with
this section.
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ACEAj JULY 10 1990
26.B. Restrictions on Sick Leave
(1) Disability arising from any sickness or injury
purposely self-inflicted.
(2) Sickness or disability sustained while on leave of
absence, other than regular vacation leave.
(3) Disability or illness arising from compensated
employment other than with the City.
26.C. Accrual and Use
Sick leave with pay shall accrue to employees at the rate of
ten hours per month for each calendar month of paid
employment, with unlimited accumulation. Sick leave shall
not be taken in units of less than one-half hour.
26.D. Advance Sick Leave
(1) Permanent employees may be allowed sick leave in
advance of accrual up to a maximum of twelve (12)
working days on approval of the department head and the
City Administrator.
(2) Probationary employees serving in entry-level positions
may be allowed sick leave in advance of accrual up to a
maximum of six (6) working days on approval of the
department head and City Administrator where the
employee has completed at least thirty (30) calendar
days of service with the City. If the employee does
not become permanent, all paid sick leave must be
reimbursed to the City or deducted from the employee's
final paycheck.
26.E. Sick Leave During vacation
If an employee becomes ill or injured while on vacation, he
or she may, by completing a Leave Request Form, use accrued
sick leave time in lieu of vacation time for the period of
disability.
26.F. 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.
(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
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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.G. 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.H. For Employees Hired Prior to December 31, 1985
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.I. Conversion Deadline
A decision to convert sick leave according to the policies
stated shall be made by March 31.
LEAVE
An employee may be permitted to take up to forty (40) hours
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 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
13
OF UNDEIPTANDING, ACEA, JULY 11 1990
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, 1991. 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 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
....... 90
hours
per
year
Through
the
5th
year
of
employment
...... 120
hours
per
year
Through
the
6th
year
of
employment
...... 128
hours
per
year
Through
the
7th
year
of
employment
...... 136
hours
per
year
Through
the
8th
year
of
employment
...... 144
hours
per
year
Through
the
9th
year
of
employment
...... 152
hours
per
year
Through
the
10th
year
of
employment
...... 160
hours
per
year
Through
the
11th
year
of
employment
...... 168
hours
per
year
Through
the
12th
year
of
employment
...... 176
hours
per
year
Through
the
13th
year
of
employment
...... 184
hours
per
year
Through
the
14th
year
of
employment
...... 192
hours
per
year
Through
the
15th
year
of
employment
...... 200
hours
per
year
Through
the
16th
year
of
employment
...... 210
hours
per
year
14
OF UNDERBTANDING, ACEA, JULY 11 199
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.
If a holiday falls on an employee's scheduled day off, the
employee shall receive the holiday on the next scheduled
business day. The dates upon which these holidays shall be
observed will be determined by City Council.
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Christmas
New Year's Day
Lincoln's Birthday
Washington's Birthday
Memorial Day
29.8. Floating Holidays
The City and the Association agree to two additional
floating holidays of ten (10) hours each 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:
15
MEMORANDUM OF UNDER&TANDING, ACEA, JULY 1, 19900
A. An employee granted industrial leave shall continue to
be compensated at his regular rate of pay in lieu of
temporary disability payments.
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 six (6) months.
Supporting medical documentation must accompany such
requests for leave and be submitted thirty (30) days
prior to expiration date.
Prior to the end of the six (6) months of paid leave
pursuant to this section, the employee may apply for
benefits under the City's long-term disability plan. If
the employee is qualified to receive benefits under the
disability plan, vacation and sick leave shall accrue,
and the City shall continue to pay benefits under the
City's Cafeteria Benefit Plan and Public Employees'
Retirement System (PERS) so far as required by law for
such employee for an additional six (6) month period.
An employee receiving long-term disability may be
eligible to return to work on or before six (6) months
from the time employee began receiving long-term
disability benefits. The employee shall notify the
department head as soon as practicable as to whether he
or she will be returning to work prior to the expiration
of the six-month period in which the employee has been
on long term disability.
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
16
0 •
MEMORANDUM OF UNDERSTANDING, ACEA, JULY 11 1990
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 twenty-six (26) 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.)
32. IMPLEMENTATION
This Memorandum of Understanding is subject
the City Council of the City of Azusa, and
approval shall be implemented by appropriate
or ordinance(s) of the City Council.
17
to approval of
following such
resolution(s)
•
CLASSIFICATION
--------------
ACCCOUNTANT
ACCOUNT CLERK
ACCOUNTING TECHNICIAN
ADMINISTRATIVE CLERK I
ADMINISTRATIVE CLERK II
ADMINISTRATIVE SECRETARY
ASSISTANT CITY PLANNER
ASSOCIATE CITY PLANNER
BUILDING MAINTENANCE SUPERVISOR
BUILDING MAINTENANCE WORKER I
BUILDING MAINTENANCE WORKER II
BUS DRIVER
CIVIL ENGINEERING ASSISTANT
COMMUNITY IMPROVEMENT INSPECTOR
COMPUTER OPERATOR
ENGINEERING AIDE
LIBRARIAN
LIBRARY ASSISTANT
LIBRARY CLERK I
LIBRARY CLERK II
PARK MAINTENANCE CREW SUPERVISOR
PARK MAINTENANCE SUPERVISOR
PARK MAINTENANCE WORKER I
PARK MAINTENANCE WORKER II
PARK MAINTENANCE WORKER III
PERSONNEL ASSISTANT
PURCHASING ASSISTANT
RECREATION SUPERVISOR
SECRETARY
SEC'Y TO CITY ADMINISTRATOR
SENIOR ACCOUNT CLERK
SENIOR LIBRARIAN
SENIOR LIBRARY CLERK
SENIOR TREE TRIMMER
STREET MAINTENANCE CREW SUPERVISOR
STREET MAINTENANCE SUPERVISOR
STREET MAINTENANCE WORKER I
STREET MAINTENANCE WORKER II
STREET MAINTENANCE WORKER III
STREET SWEEPER OPERATOR
TRANSPORTATION COORDINATOR
TRANSPORTATION DISPATCHER
TREE TRIMMER
s
MEMORANDUM OF UNDERSTANDING
AZUSA CITY EMPLOYEES ASSOCIATION
JULY 1,1990
(EXHIBIT "A")
RANGE 1ST 6 5TH STEP
18
-----
4189
-------------------------
2,536.50
3,083.17
4150
1,720.73
2,091.56
4174
2,184.80
2,655.67
4133
1,452.99
1,766.09
4143
1,604.95
1,950.80
4169
2,078.77
2,526.78
4190
2,561.91
3,114.00
4201
2,858.17
3,474.16
4185
2,437.54
2,962.82
4150
1,720.73
2,091.56
4160
1,900.72
2,310.38
4158
1,863.29
2,264.84
4202
2,886.78
3,508.90
4168
2,058.17
2,501.80
4174
2,184.80
2,655.67
4171
2,120.58
2,577.57
4175
2,206.65
2,682.25
4140
1,557.77
1,893.46
4130
1,410.20
1,714,10
4140
1,557.77
1,893.46
4184
2,413.40
2,933.49
4196
2,719.46
3,305.56
4153
1,772.84
2,154.92
4163
1,958.32
2,380.32
4174
2,184.80
2,655.67
4174
2,184.80
2,655.67
4174
2,184.80
2,655.67
4200
2,829.88
3,439.71
4158
1,863.29
2,264.84
4179
2,296.26
2,791.11
4164
1,977.90
2,404.13
4185
2,437.54
2,962.82
4150
1,720.73
2,091.56
4184
2,413.40
2,933.49
4184
2,413.40
2,933.49
4196
2,719.46
3,305.56
4153
1,772.84
2,154.92
4163
1,958.32
2,380.32
4174
2,184.80
2,655.67
4174
2,184.80
2,655.67
4168
2,058.17
2,501.80
4163
1,958.32
2,380.32
4170
2,099.57
2,552.03
0 •
MEMORANDUM OF UNDERSTANDING
AZUSA CITY EMPLOYEES ASSOCIATION
JULY 1, 1990
AZUSA CI Y EMPLOYEASSOCIATION
RV :� 7
BY
BY /lit
CITY OF A2USA
BY
19
DATE % v `d _ f! 0
DATE—7 -/7 -61y
DATE ��z -
DATE a3L- 9 9v
DATE
DAT
U
B
Bereavement Leave, 13
C
Cafeteria Benefit Plan, 5
Eligibility, 6
Monthly Benefit, 5
Termination of, 6
Callback, 7
Car Allowance, 7
City Rights, 3
Compensatory Time, 9
Authorization, 9
Maximum allowed, 9
Conformance With Rules, 5
D
Damaged personal effects, 10
E
Employee Assistance Plan, 7
Equipment Allowance, 7
Existing Benefits, 5
F
FLSA, 8
H
Health Insurance During Retirement, 6
Holidays, 15
Designated, 15
Floating, 15
I
Implementation, 17
Industrial Leave, 15
L
Lay Off, 15
License Renewal, it
State Pesticide License, 11
License/Certification
maintenance, 11
Life Insurance, 7
Longevity Premium, 8
M
Management Rights, 3
Meet and Confer, 5
1
•
I
6,1
N
Non -Discrimination, 3
O
Overtime, 9
Authorization, 9
Overtime Meal Policy, 9
Before 5 a.m., 10
Beyond Regular Shift, 9
Outside of Regular Shift,
P
Premium Pay
Longevity, 8
Paint Crew, 9
R
Reopener, 2
Retirement, 2
8
Salaries
listed, 18
Salary, 2
Savings Clause, 2
Separability, 5
Sick Leave, 11
Accrual, 12
Advance, 12
Conversion Deadline, 13
10
during vacation, 12
employees hired before Dec.
One -Fourth Conversion, 12
One -Third Conversion, 13
reasons for, 11
Standby, 7
T
Term of Memorandum of
Total Compensation, 2
Tuition Reimbursement,
V
Vacation, 14
Accrual, 14
Carryover, 14
Cash -In Policy, 14
Required Usage, 14
1]
31, 1985, 13
Understanding, 1
30
N
Workday, 8
Workweek and Timekeeping Interval, 8
OA