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41ESOLUTION
NO. 91-C147 •
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA ADOPTING MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY AND THE MIDDLE MANAGEMENT
ASSOCIATION EFFECTIVE JULY 1, 1991.
THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE
AS FOLLOWS:
Whereas, The City Council acknowledged the Middle
Management Association as the recognized employee organization
for middle management employees of the City of Azusa, and
Whereas, the City Council, at its regular meeting of
October 7, 1991, approved the Memorandum of Understanding
between the City of Azusa and the Middle Management Association
terms and conditions to be effective July 1, 1991:
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 7th day of October, 1991.
I
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 7th day of October, 1991.
AYES:
COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
DANGLEIS, STEMRICH, ALEXANDER,
MOSES
NONE
NONE
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CITY OF AZUSA
MIDDLE MANAGEMENT ASSOCIATION
MEMORANDUM OF UNDERSTANDING
EFFECTIVE 7-1-91
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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
2. TOTAL COMPENSATION.........................................1
3. NON-DISCRIMINATION.......................................2
3.A. Protection of Rights..................................2
3.B. Anti-Discrimination...................................2
4. CITY RIGHTS.. • .....................................2
4.A. Management Rights .....................................2
4.B. Conformance With Rules................................3
4.C. Meet and Confer.......................................4
S. SEPARABILITY...............................................4
6. MAINTENANCE OF EXISTING BENEFITS ...........................4
7. WORKWEEK AND TIMEKEEPING INTERVAL ..........................4
7.A. Workweek.............................................4
7.B. Workday.. ... .. .................................4
7.C. Timekeeping Interval..................................5
S. SALARY.....................................................5
9. ADDITIONAL COMPENSATION....................................5
9.A. Car Allowance.... • ..............................5
9.B. Educational Incentive Pay .............................6
9.C. Retirement............................................6
10. CAFETERIA BENEFIT PLAN(CBP)...............................6
10.A. Eligibility..........................................6
10.B. Amount.............................................6
10.C. Termination..........................................6
11. TYPES OF LEAVE/DAYS OFF....................................7
11.A. Administrative Leave.................................7
11.B. Bereavement Leave....................................7
11.C. Holidays.. •.. ............................7
ll.C.1. DesignatedHolidays ........................7
ll.C.2. Floating Holidays ............................8
11.D. Industrial Leave.....................................8
11.E. Sick Leave.........................................9
ll.E.1. Accrual and Use.. .........................9
11.E.2. One -Fourth Conversion ........................9
11.E.3. One -Third Conversion .. ....................10
ll.E.4. For Employees Hired Prior to December 31, 1.10
11.F. Vacation Leave... ...... • .......................10
ll.F.1. Required Usage and Carryover ..............10
ll.F.2. Cash -In Policy .............................10
11.F.3. Accrual.....................................11
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12. DAMAGE TO PERSONAL EFFECTS................................11
13. EMPLOYEE ASSISTANCE PLAN..................................11
14. LICENSE RENEWAL...........................................11
IS. LIFE INSURANCE............................................11
16. TUITION REIMBURSEMENT.....................................11
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CITY OF AZUSA
AZUSA MIDDLE MANAGEMENT ASSOCIATION
MEMORANDUM OF UNDERSTANDING
JULY 1, 1991
This Memorandum of Understanding is entered into with
reference to the following facts:
(1) The Azusa Middle Management Association (MMA) (herein-
after referred to as "Association") is the recognized employee organi-
zation representing those personnel (hereinafter referred to as
"employees") employed by the City of Azusa (hereinafter referred to as
"City"), and occupying classifications in "Exhibit A."
(2) In the interest of maintaining harmonious relations bet-
ween 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.
(3) The authorized representatives of the City and the Asso-
ciation 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 of Azusa 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
the 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 as follows:
1. TERM OF MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding shall commence on July 1,
1991, and shall continue through and including June 30, 1992.
2. 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 Asso-
ciation recognize that the changes in wages, hours, and other terms
and conditions of employment as set forth in this Memorandum of Under-
standing constitute additions to the total compensation received by
affected employees.
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AZUSA MIDDLE MANAGEMENT ASSOCIATION, MEMORANDUM OPUNDERSTANDING 7-1-91
3. NON-DISCRIMINATION
3.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 participa-
ting in protected activities in accordance with Government Code
Section 3500, et seq.
3.8. Anti -Discrimination
The City and the Association agree that they shall not discrimi-
nate against any employee because of race, color, sex, age,
national origin, political or religious opinions or affilia-
tions. 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 juris-
diction requiring a modification or change in any provision or
provisions of this Agreement in compliance with state or federal
anti -discrimination laws.
4. CITY RIGHTS
4.A. Management Rights
The City reserves, retains and is vested with, solely and exclu-
sively, 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.
(6) To determine types of equipment or technology to be
used.
AZUSA MIDDLE MANAGEMEPASSOCIATION, MEMORANDUM OPUKDERSTANDING 7-1-91
(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.
(lo) To relieve employees from duties for lack of funds
or lack of work or similar nondisciplinary reasons.
(11) To establish and modify productivity and perfor-
mance 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.
4.H. 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
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AZUSA MIDDLE MANAGEMENVASSOCIATION, MEMORANDUM OPUNDERSTANDING 7-1-91
accordance with the City of Azusa Rules of the Civil Service
System and exercise these rights in conformance with the
Civil Service rules.
4.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.
S. 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 Under-
standing.
6. 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.
7. WORKWEEK AND TIMEKEEPING INTERVAL
7.A. Workweek
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.
7.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 work
day.
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AZUSA MIDDLE MANAGEMER ASSOCIATION, MEMORANDUM OPUNDERSTANDING 7-1-91
7.C. Timekeeping Interval
In keeping with FLSA, the minimum timekeeping interval shall be
one (1) ten (10) hour day.
8. SALARY
The base monthly salary of each employee shall be increased four and
one-half percent (4.5$) effective 7-1-91 in accordance with the
"Exhibit A."
The City agrees, however, to conduct a salary survey of cities
mutually agreed upon and reopen negotiations relative to salary only
for the fiscal year 1991-1992 in an effort to implement the survey
results for the following positions and apply the same effort in
fiscal year 1992-1993 for all other middle management positions.
City Engineer
Consumer Service Manager
Senior Planner
Building Official
9. ADDITIONAL COMPENSATION
9.A. Car Allowance
9.A.1.
Employees occupying the following positions on June 30, 1988, and
as long as they are employed in these classifications,
respectively, shall receive the sum of one -hundred seventy-three
dollars ($173) 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 or her position, respectively:
Consumer Services Manager
Utilities Engineer
9.A.2
The employee occupying the following position on June 30, 1988,
and as long as he or she is 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.
Senior Citizens Program Supervisor
All of the above notwithstanding, City business trips of fifty (50)
miles or more, round-trip, may be made in a City vehicle at City
expense or may be claimed for mileage reimbursement if employee uses
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AZDBA MIDDLE MANAGEME* ASSOCIATION, MEMORANDUM O4OIINDERSTANDING 7-1-91
his or her own transportation, pursuant to the City's travel and
meetings policy.
9.8. Educational Incentive Pay
An employee who possesses a master's degree from an accredited college
or university in an academic subject appropriate to his/her job des-
cription, and not a simple membership in a professional organization,
shall receive one -hundred dollars ($100) per month as education incen-
tive pay.
9.C. Retirement
The City shall continue its contract with the Public Employees
Retirement System (PERS) under the "two percent (2%) at age 60 full
formula" and to continue the highest level of the 1959 survivor
benefit. The City shall continue to pay both the employee's and
employer's share of the cost of this benefit.
10. CAFETERIA BENEFIT PLAN (CHP)
10.A. 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, arrange-
ments 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 if they
begin work prior to the 16th of the month. Employees whose date
of hire is on or after the 16th will not be eligible for CBP.
10.B. Amount
Effective 8-1-91 the CBP shall be provided by the City for each
employee at the rate of four hundred and ninety-five dollars
($495) per month.
The employee will be permitted to use this plan and expend it for
deductibles for medical insurance plans, actual cost of dental
work or for the medical portion of car insurance; for bona fide
expenses of education and/or training seminars and the like; or
receive these funds as taxable income. This is an addition to
the uses of this plan prior to June 28, 1987.
10.C. Termination
It is agreed that the City will not be responsible for payment of
any insurance premium(s) on behalf of an employee following the
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AZUSA MIDDLE MANAGEME0 ASSOCIATION, MEMORANDUM OF UNDERSTANDING 7-1-91
month of termination. If an employee 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.
11. TYPES OF LEAVE/DAYS OFF
11.A. Administrative Leave
Employees shall receive forty (40) hours per year of Administra-
tive Leave beginning on July 1.
An Employee Leave Request must be approved by the appropriate
department head prior to the use of administrative leave and such
leave may not be carried over into the next fiscal year or cashed
in if not used. Administrative leave shall be granted with due
regard for the employee's wishes and the operational needs of the
department.
ll.B. Bereavement 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
twenty (20) hours 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.
11.C. Holidays
ll.C.1. Designated Holidays
The employee shall receive time off with pay for the
following 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.
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AZUSA MIDDLE MANAOEME* A88OCIATIONt MEMORANDUM 01PIINDERBTANDING 7-1-91
July 4, 1991
September 2, 1991
October 14, 1991
November 11, 1991
November 28, 1991
December 25, 1991
December 26, 1991
January 1, 1992
February 17, 1992
May 25, 1992
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Christmas
Day after Christmas
New Year's Day
Washington's Birthday
Memorial Day
11.C.2. Floating Holidays
The employee is entitled to two floating holidays,
including one in lieu of Martin Luther King, Jr., day.
All floating holidays shall be requested in advance from
the appropriate administrative authority or department
head. 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.
11.D. Industrial Leave
A regular employee who is temporarily or permanently incapaci-
tated as a result of injury or illness determined to be compen-
sable under the Workers' Compensation Act shall be granted indus-
trial leave under the following terms and conditions:
1. An employee granted industrial leave shall continue to be
compensated at his regular rate of pay in lieu of temporary
disability payments.
2. Should it be determined that and employee's illness or
injury did not arise in the course of the employee's employ-
ment 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 insuf-
ficient, future sick leave shall be charged to reimburse the
City for any payments made to the employee pursuant to (A)
above.
3. 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.
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AZUSA MIDDLE MANAGEMEP ASSOCIATION, MEMORANDUM 09OIINDERSTANDING 7-1-91
4. 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.
5. Industrial leave shall expire when one of the following
conditions occurs:
a. Employee is able to return to work to his/her regular
position.
b. 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:
(1) The employee's condition is determined to be
permanent or of an extended duration.
(2) The degree of disability precludes continued
employment of the employee in his present
position.
C. After fifty-two (52) weeks of industrial disabil-
ity payments.
6. 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.)
11.E. Sick Leave
ll.E.1. 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 employ-
ment, with unlimited accumulation. Sick leave shall not be
taken in units of less than one-half hour.
11.E.2. 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:
a. Carry over the accrual and add it to his or her sick
leave balance.
b. 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
AZUSA MIDDLE MANAdEMEP ASSOCIATION, MEMORANDUM O• UNDERSTANDING 7-1-91
leave would then be added to the employee's sick leave
balance.
11.E.3. One -Third Conversion
If the employee has used no more than three days of sick
leave, including time spent on personal business or bereave-
ment, 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, 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 uncon-
verted leave would then be added to the employee's sick
leave balance.
A decision to convert sick leave according to the policies stated
shall be made by March 31.
ll.E.4. 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).
Upon separation for other reasons, 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.
11.F. vacation Leave
11.F.1. Required Usage and Carryover
Leave will be credited on a "per -pay -period" basis.
Employees shall be required to use one-half (1/2) of their
annual Vacation accrual yearly. Employee may accrue up to
a maximum of fifty-two times (52) the current pay period
rate of vacation accrual. This maximum is waived, however,
until June 30, 1993. 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.
ll.F.2. Cash -In Policy
Employees covered by this Memorandum of Understanding may
convert vacation time to cash with administrative approval.
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AZUSA MIDDLE MANAGEMER ASSOCIATION, MEMORANDUM OF UNDERSTANDING 7-1-91
ll.F.3. Accrual
Vacation leave shall accrue as follows:
Through
the
5th
year
of
employment
120
hours
Through
the
6th
year
of
employment
128
hours
Through
the
7th
year
of
employment
136
hours
Through
the
8th
year
of
employment
144
hours
Through
the
9th
year
of
employment
152
hours
Through
the
10th
year
of
employment
160
hours
Through
the
11th
year
of
employment
168
hours
Through
the
12th
year
of
employment
176
hours
Through
the
13th
year
of
employment
184
hours
Through
the
14th
year
of
employment
192
hours
Through
the
15th
year
of
employment
200
hours
Through
the
16th
year
of
employment
210
hours
12. DAMAGE TO PERSONAL EFFECTS
If, in the course of business, an employee's personal clothing or
effects are accidentally damaged or destroyed, the employee may submit
a claim for reimbursement for up to one hundred dollars ($100).
Employee will submit claim to their department head for his or her
recommendation to the City Administrator for his or her consideration.
13. EMPLOYEE ASSISTANCE PLAN
The City will continue to maintain the Employee Assistance Plan.
14. LICENSE RENEWAL
The City agrees to pay the cost of maintaining certifications and
licenses that are necessary to maintain the minimum requirements for
the licensee's job.
15. LIFE INSURANCE
The City shall provide term life insurance equal to one and one-half
(1 1/2 ) times annual salary.
16. TUITION REIMBURSEMENT
The Tuition Reimbursement program shall be two thousand dollars
($2,000) for each employee during the fiscal year. A Scholarship
Committee will be established and appointed for the purpose of review-
ing all requests for the use of this program. Additional criteria for
this program will also be established by administrative memorandum.
FON
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CITY OF AZUSA
MIDDLE MANAGEMENT ASSOCIATION
SALARY RANGE SCHEDULE
JULY 1,1991
CLASSIFICATION
ELECTRIC OPERATIONS SUPERINTENDENT
UTILITIES ENGINEER
CITY ENGINEER
WATER UTILITY SUPERINTENDENT
CONSUMER SERVICES MANAGER
SUPERINTENDENT OF PUBLIC WORKS
CIVIL ENGINEERING ASSOCIATE
ACCOUNTING SERVICES SUPERVISOR
COMPUTER SERVICES MANAGER
COMMUNITY IMPROVEMENT MANAGER
ASSISTANT CITY LIBRARIAN
BUILDING OFFICIAL
SENIOR PLANNER
RECORDS SUPERVISOR
SENIOR CITIZENS PROGRAM SUPERVISOR
PURCHASING OFFICER
EMERGENCY SERVICES COORDINATOR
ASSISTANT CITY CLERK
BUSINESS LICENSE OFFICER
EXHIBIT A
12
RANGE #3126
•
3,066.03
MONTHLY
SALARY
6,053.73
5,762.77
5,107.70
4,614.17
4,390.98
4,324.21
4,223.67
4,211.35
4,179.49
4,035.06
3,985.68
3,958.91
3,904.91
3,726.78
3,254.13
3,233.38
3,035.06
2,733.09
2,588.47
AZUSA MIDDLE MANAGEMENT ASSOCIATIONt MEMORANDUM F
AZUSA IDDLE MANAGEMENT ASSOCIATION
BY
BY
CITY OF AZUSA
13
DATE /Q-/7-9/
DATE AQ
DATE
DATE /8 -1 7�
DATE 10-17-91
DATE
7-1-91