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HomeMy WebLinkAboutResolution No. 92-C139RESOLUTION NO. 92-C139 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, 1992 THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. Whereas, The City Council acknowledged the Middle Management Association as the recognized employee organization for middle management employees of the City of Azusa, and SECTION 2. Whereas, the City Council, at its regular meeting of October 19, 1992, approved the Memorandum of Understanding between the City of Azusa and the Middle Management Association terms and conditions to be effective July 1, 1992: SECTION 3. 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 19th day of October, 1992. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 19th day of October, 1992. AYES: COUNCILMEMBERS: DANGLEIS, MADRID, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE NONE 0 0 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AZUSA AND THE MIDDLE MANAGEMENT ASSOCIATION 7-1-92 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. 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 .............................5 9.C. Retirement............................................5 10. CAFETERIA BENEFIT PLAN(CBP)...............................6 10.A. Eligibility..........................................6 10.B. Amount...............................................6 10.C. Termination..........................................6 11. TYPES OF LEAVE/DAYS OFF....................................6 11.A. Administrative Leave.................................6 11.B. Bereavement Leave....................................7 11.C. Holidays.............................................7 11.C.1. Designated Holidays ...... ...............7 11.C.2. Floating Holidays ............................8 11.D. Industrial Leave.....................................8 11.E. Sick Leave...........................................9 11.E.1. Accrual and Use.. .........................9 11.E.2. One -Fourth Conversion ........................9 11.E.3. One -Third Conversion.. ................9 ll.E.4. For Employees Hired Prior toDecember 31, 1.10 ii.F. Vacation Leave......................................10 11.F.1. Required Usage and Carryover ..............10 ll.F.2. Cash -In Policy .............................10 11.F.3. Accrual.....................................11 i 0 0 12. DAMAGE TO PERSONAL EFFECTS................................11 13. EMPLOYEE ASSISTANCE PLAN..................................11 14. HEALTH INSURANCE DURING RETIREMENT ........................11 15. LAYOFF OR RECLASSIFICATION................................11 16. LICENSE RENEWAL...........................................11 17. LIFE INSURANCE............................................12 18. REIMBURSEMENT FUND........................................12 18.A. Tuition Reimbursement:..............................12 18.B. Dependent Care Reimbursement ........................12 18.C. Additional Categories...............................12 18.D. Taxable Income......................................12 ii 0 0 CITY OF AZUSA AZUSA MIDDLE MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING JULY 1, 1992 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, 1992, and shall continue through and including June 30, 1993. 2. 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 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. 04 AZUSA MIDDLE MANAGEMA ASSOCIATION, MEMORANDUM IN UNDERSTANDING 7-1-92 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 sea. 3.B. 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. A2USA MIDDLE MANAGE& ASSOCIATION, MEMORANDUM 9 UNDERSTANDING 7-1-92 (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 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. 4.8. 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 Rl AZUSA MIDDLE MANAGE& ASSOCIATION, MEMORANDUM IN UNDERSTANDING 7-1-92 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. AZUSA MIDDLE MANAGEMA ASSOCIATION, tUNDERSTANDING 7-1-92 7.C. Timekeeping Interval In keeping with FLSA, the minimum timekeeping interval shall be one (1) ten (10) hour day. S. SALARY The base monthly salary of each employee shall be according to the information contained, in Exhibit A of this Memorandum of Understanding. No increase is reflected -over the salaries that were in effect for the 1991-92 fiscal year. The City agrees, however, to conduct a salary survey of cities mutually agreed upon and reopen negotiations for the -fiscal year 1993- 1994 in an effort to implement the survey results. 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 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 his or her own transportation, pursuant to the City's travel and meetings policy. 9.H. 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 description, and not a simple membership in a profes- sional organization, shall receive one -hundred dollars ($100) per montb as education incentive pay. 9.C. Retirement The City shall continue its contract with the Public Employees Retirement System (PERS) under the "two percent (2$) 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. AZUSA MIDDLE MANAGEMA ASSOCIATION, MEMORANDUM IN UNDERSTANDING 7-1-92 10. CAFETERIA BENEFIT PLAN (CBP) 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. 10.8. Amount Effective 8-1-92 the CBP shall be provided by the City for each employee at the rate of five hundred and sixteen dollars ($516) 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 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 ii.A. Administrative Leave Employees shall receive fifty (50) 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. Unused Administrative Leave may, however, be converted to vacation leave. An employee who wishes to convert ri AZUSA MIDDLE MANAGEt,T , MEMORANDUMS UNDERSTANDING 7-1-92 accrued unused Administrative Leave to Vacation Leave shall notify the Finance Department any time before June 15 of the desired conversion. For the 1992-93 fiscal year only, unused Administrative Leave accrued in the 1991-92 fiscal year will be carried over to the 1992-93 fiscal year. Administrative leave shall be granted with due regard for the employee's wishes and the operational needs of the department. 11.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 11.0.1. 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. July 6, 1992 September 7, 1992 October 12, 1992 November 11, 1992 November 26, 1992 December 24, 1992 December 31, 1992 February 11, 1993 February 22, 1993 May 31, 1993 Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Day before Christmas Day before New Year's Day Lincoln's Birthday Washington's Birthday Memorial Day AZUSA MIDDLE MANAGER ASSOCIATION, MEMORANDA 'UNDERSTANDING 7-1-92 11.C.2. Floating Holidays The employee is entitled to two ten (10) hour 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 if not taken by June 30, may be converted to vacation days. An employee who wishes to convert accrued unused Floating Holidays to Vacation Leave shall notify the Finance Department by June 15 of the desired conversion. The parties further agree, that unused floating holidays accrued in the 1991-92 fiscal year will be carried over to the 1992-93 fiscal year. 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. 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. 8 AZUSA MIDDLE MANAGEOT ASSOCIATION, MEMORANDM& UNDERSTANDING 7-1-92 S. 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 11.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 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: 7 AZUSA MIDDLE MANAGEOT ASSOCIATION, MEMORANDUI& UNDERSTANDING 7-1-92 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. 11.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. 11.8. 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 plus 100 hours. 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. 11.F.2. Cash -In Policy Employees covered by this Memorandum of Understanding may convert vacation time to cash with administrative approval. 10 AZUSA MIDDLE MANAGE& ASSOCIATION, MEMORANDUA 11.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 7-1-92 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. HEALTH DURING RETIREMENT The City shall meet during the 1992-93 fiscal year with the Association to develop and implement effective 7-1-93, a plan to reimburse employees who have at least twenty (20) years of continuous service with the City of Azusa at the time of retirement, for fifty per cent (508) of the employee's health insurance premium (single coverage only). 15. LAYOFF OR RECLASSIFICATION The City agrees that in the event employees represented by the Association are laid off from their employment or'are reclassified to a lesser classification, 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. 16. 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. 11 AZUSA MIDDLE MANAGEMIT ASSOCIATION. MEMORANDUM OF UNDERSTANDING 7-1-92 17. LIFE INSURANCE The City shall provide term life insurance equal to one and one-half (1 1/2 ) times annual salary. 18. REIMBURSEMENT FUND The City shall make available to each Association employee an amount not to exceed two thousand dollars ($2,000) per fiscal year which may be utilized for the following: 18.A. Tuition Reimbursement A Scholarship'Committee will be established and -appointed -for the purpose of reviewing all requests for the use of this program. Additional criteria for this program will also be established by administrative memorandum. 18.B. Dependent Care Reimbursement Included as part of the reimbursement fund shall be monies expended for the purpose of dependent care through any certified provider. The term "dependent" is defined as in the Bereavement Leave section of this Memorandum of Understanding. 18.C. Additional Categories The Finance Department will research additional categories of the Reimbursement Fund as suggested by employees, shall notify them of new allowable categories, and shall reimburse employees for their eligible expenses in the new categories as expeditiously as possible. 18.D. Taxable Income An Association employee may elect to receive the funds as taxable income. ' 12 0 MIDDLE MANAGEMENT ----------------- CITY OF ABUSA MIDDLE MANAGEMENT ASSOCIATION SALARY SCEEDULS EFFECTIVE JULY 1, 1992 (EXHIBIT "An) ELECTRIC OPERATIONS SUPERINTENDENT WATER UTILITY SUPERINTENDENT CONSUMER SERVICES MANAGER COMMUNITY IMPROVEMENT MANAGER SENIOR PLANNER BUSINESS LICENSE OFFICER 13 MONTHLYi SALARY 6,053.73, 4,614.17 4,390.98' 4,035.06 3,904.91, 2,588.47, AZUSA MIDDLE MANAOENT ASSOCIATION, MEMORAUDS OF UNDERSTANDING 7-1-92 AZUSA MIDDLE MANAGEMENT ASSOCIATION BY CITY OF AZUSA DATE 4`.'G@kn l;i DATE /y - IS =4Z DATE-/ DATE DATE- 1 Z DATE At BY DATE 14 0 0 A Administrative Leave, 6 C Cafeteria Benefit Plan, 6 amount, 6 eligibility, 6 Termination of, 6 Car Allowance, 5 City Rights, 2 Conformance With Rules, 3 D Dependent Care, 12 E Educational Incentive, 5 Educational Incentive Pay, 5 Existing Benefits, 4 F FLSA, 5 H Health Insurance During Retirement, 11 Holidays, 7 designated, 7 floating, 8 L Lay Off, 11 License Renewal, 11 Life Insurance, 12 M Management Rights, 2 Meet and Confer, 4 N Non -Discrimination, 2 R Reclassification, 11 Reimbursement Fund, 12 Additional Categories, 12 Dependent Care, 12 Taxable Income, 12 Tuition Reimbursement, 12 Retirement, 5 n S Salaries, 13 Salary, 5 Separability, 4 Sick Leave, 9 Accrual, 9 employees hired before Dec. 31, 1985, 30 One -Fourth Conversion, 9 One -Third Conversion, 9 T Term of Memorandum of Understanding, 1 Total Compensation, 1 Tuition Reimbursement, 12 V Vacation Accrual, 11 Cash -In Policy, 10 Vacation Leave Required Usage and Carryover, 10 W Workday, 4 Workweek and Timekeeping Interval, 4 0 0 CITY OF AZUSA NON -REPRESENTED CLASSIFIED MIDDLE MANAGEMENT BENEFITS AND COMPENSATION EFFECTIVE 7-1-92 0 T A B L E O F C O N T E N T S 1. MAINTENANCE OF EXISTING BENEFITS ...........................1 2. WORKWEEK AND TIMEKEEPING INTERVAL ..........................1 2.A. Workweek.............................................1 2.B. Workday..............................................1 2.C. Timekeeping Interval..................................1 3. SALARY.....................................................1 4. ADDITIONAL COMPENSATION....................................2 4.A. Car Allowance......................................2 4.B. Educational Incentive Pay .............................2 4.C. Retirement............................................2 5. CAFETERIA BENEFIT PLAN(CBP)...............................2 5.A. Eligibility...........................................2 5.B. Amount...............................................3 5.C. Termination...........................................3 6. TYPES OF LEAVE/DAYS OFF....................................3 6.A. Administrative Leave..................................3 6.B. Bereavement Leave.....................................3 6.C. Holidays............ ..............................4 6.C.1. Designated Holidays ..........................4 6.C.2. Floating Holidays ..............................4 6.D. Industrial Leave......................................5 6.E. Sick Leave............................................6 6.E.1. Accrual and Use.... .... 0 ..... ... o ............. 6 6.E.2. One -Fourth Conversion ..........................6 6.E.3. One -Third Conversion ...........................6 6.E.4. For Employees Hired Prior to December 31, 1985.7 6.F. Vacation Leave........................................7 6.F.1. Required Usage and Carryover .................7 6.F.2. Cash -In Policy................................7 6.F.3. Accrual..... .............. o .......... o.o ....... 7 7. DAMAGE TO PERSONAL EFFECTS.................................7 8. EMPLOYEE ASSISTANCE PLAN...................................8 9. LAYOFF OR RECLASSIFICATION.................................8 10. LICENSE RENEWAL............................................8 11. LIFE INSURANCE.............................................8 12. REIMBURSEMENT FUND.........................................8 12.A. Tuition Reimbursement................................8 12.B. Dependent Care Reimbursement .........................8 12.C. Additional Categories................................8 12.D. Taxable Income.......................................9 i 0 0 CITY OF AZUSA NON REPRESENTED MIDDLE MANAGEMENT BENEFITS AND COMPENSATION JULY 1, 1992 1. MAINTENANCE OF EXISTING BENEFITS Any benefits, terms and conditions of employment applicable to Non Represented Middle Management employees by prior resolution, policies, or administrative guidelines and procedures not specifically enumerated or altered by this resolution and its exhibits is incorporated herein by reference. 2. WORKWEEK AND TIMEKEEPING INTERVAL 2.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. 2.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. 2.C. Timekeeping Interval In keeping with FLSA, the minimum timekeeping interval shall be one (1) ten (10) hour day. 3. SALARY The base monthly salary of each employee shall be according to the information contained in Exhibit A. No increase is reflected over the salaries that were in effect for the 1991-92 fiscal year. The City will, however, conduct a salary survey of cities for the fiscal year 1992-1993 in an effort to implement the survey results. FI NON -REPRESENTED MIDDO MANAGEMENT BENEFITS AND COMPENSATION 7/1/92 4. ADDITIONAL COMPENSATION 4.A. Car Allowance 9.A.1. 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 his or her own transportation, pursuant to the City's travel and meetings policy. 4.B. 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 description, and not a simple membership in a profes- sional organization, shall receive one -hundred dollars ($100) per month as education incentive pay. 4.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. 5. CAFETERIA BENEFIT PLAN (CBP) S.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. K NON -REPRESENTED MIDDR MANAGEMENT BENEFITS AND COMPENSATION 7/1/92 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. S.B. Amount Effective 8-1-92 the CBP shall be provided by the City for each employee at the rate of five hundred and sixteen dollars ($516) 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. S.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 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. 6. TYPES OF LEAVE/DAYS OFF 6.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. Unused Administrative Leave may, however, be converted to vacation leave. An employee who wishes to convert accrued unused Administrative Leave to Vacation Leave shall notify the Finance Department by June 15 of the desired conversion. For the 1992-93 fiscal year only, unused Administrative Leave accrued in the 1991-92 fiscal year will be carried over to the 1992-93 fiscal year. Administrative leave shall be granted with due regard for the employee's wishes and the operational needs of the department. 6.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, 3 NON -REPRESENTED MIDDO MANAGEMENT BENEFITS AND COMPENSATION 7/1/92 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. 6.C. Holidays 6.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. July 6, 1992 Independence Day September 7, 1992 Labor Day October 12, 1992 Columbus Day November 11, 1992 Veteran's Day November 26, 1992 Thanksgiving Day December 24, 1992 Day before Christmas December 31, 1992 Day before New Year's Day February 11, 1993 Lincoln's Birthday February 22, 1993 Washington's Birthday May 31, 1993 Memorial Day 6.C.2. Floating Holidays The employee is entitled to two 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 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 if not taken by June 30, may be converted to vacation days. An employee who wishes to convert accrued unused Floating Holidays to Vacation Leave shall notify the Finance Department by June 15 of the desired conversion. For the 1992-93 fiscal year only, the City shall provide one additional ten (10) hour floating holiday to be utilized within the above -listed guidelines. - Further, unused 4 NON -REPRESENTED MIDDO MANAGEMENT BENEFITS AND COMPENSATION 7/1/92 floating holidays accrued in the 1991-92 will be carried over to the 199=93 fiscal year. 6.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. 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. 5 �I NON -REPRESENTED MIDDO MANAGEMENT BENEFITS AND COMPENSATION 7/1/92 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.) G.E. Sick Leave 6.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. 6.E.2. One -Fourth Conversion If the employee has used more than threes 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 leave would then be added to the employee's sick leave balance. 6.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. I 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 Ione -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. M NON -REPRESENTED MIDD9 MANAGEMENT BENEFITS AND COMPENSATION 7/1/92 6.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. 6.F. Vacation Leave 6.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 plus 100 hours. 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. 6.F.2. Cash -In Policy Employees may convert vacation time to administrative approval. 6.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 17'6 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 7. DAMAGE TO PERSONAL EFFECTS cash with 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). 7 NON -REPRESENTED MIDDII MANAGEMENT BENEFITS AND SPENSATION 7/1/92 Employee will submit claim to their department head for his or her recommendation to the City Administrator for his or her consideration. S. EMPLOYEE ASSISTANCE PLAN The City will continue to maintain the Employee Assistance Plan. 9. LAYOFF OR RECLASSIFICATION The City agrees that in the event employees represented by the Association are laid off from their employment or are reclassified to a lesser classification, 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. 10. 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. 11. LIFE INSURANCE The City shall provide term life insurance equal to one and one-half (1 1/2 ) times annual salary. 12. REIMBURSEMENT FUND The City shall make available to each employee an amount not to exceed two thousand dollars ($2,000) per fiscal year which may be utilized for the following: 12.A. Tuition Reimbursement A Scholarship Committee will be established and appointed for the purpose of reviewing all requests for the use of this program. Additional criteria for this program will also be established by administrative memorandum. 12.B. Dependent Care Reimbursement Included as part of the reimbursement fund shall be monies expended for the purpose of dependent care through any certified provider. The term "dependent" is defined as in the Bereavement Leave section. 12.C. Additional Categories The Finance Department will research additional categories of the Reimbursement Fund as suggested by employees, shall notify them of new allowable categories, and shall reimburse employees for their eligible expenses in the new categories as expeditiously as possible. L-' NON -REPRESENTED MIDDY MANAGEMENT BENEFITS AND COMPENSATION 7/1/92 12.D. Taxable Income An employee may elect to receive the funds as taxable income. 0 • NON -REPRESENTED MIDDLE NN AGE103NT SALARY SCHEDULE EFFECTIVE JULY 1, 1992 (EXHIBIT A ) MIDDLE UTILITIES ENGINEER CITY ENGINEER ELECTRICAL ENGINEER SUPERINTENDENT OF PUBLIC WORKS CIVIL ENGINEERING ASSOCIATE ACCOUNTING SERVICES SUPERVISOR COMPUTER SERVICES MANAGER ASSISTANT CITY LIBRARIAN BUILDING OFFICIAL GRANT ACCOUNTING OFFICER UTILITY CONSERVATION OFFICER RECORDS SUPERVISOR SENIOR CITIZENS PROGRAM SUPERVISOR PURCHASING OFFICER EMERGENCY SERVICES COORDINATOR ASSISTANT CITY CLERK 10 4,474.69 to 3,222.78 to 3,066.03 to MONTHLY SALARY 5,762.77 5,107.70 5,439.23 4,324.21 4,223.67 4,211.35 4,179.49 3,985.68 3,958.91 3,918.75 3,916.66 3,726.78 3,254.13 3,233.38 3,035.06 2,733.09 0 0 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AZUSA AND THE CIVILIAN ASSOCIATION OF POLICE PERSONNEL 7-1-92 0 0 T A B L E O F C O N T E N T S 1. TERM.......................................................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.B. Anti-Discrimination...................................2 S. CITY RIGHTS................................................3 B.A. Management Rights.....................................3 B.B. Conformance With Rules................................4 B.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. UNIFORM ALLOWANCE..........................................6 16. WORKWEEK AND TIMEKEEPING INTERVAL ..........................7 16.A. Workweek.............................................7 16.8. Workday..............................................7 16.C. Timekeeping Interval.................................7 17. Court Time.................................................7 18. PREMIUM PAY................................................7 18.A. Training Pay.........................................7 19. OVERTIME/COMPENSATORY TIME.................................7 i 0 0 20. OVERTIME MEAL POLICY.......................................8 20.A. Beyond Regular Shift.................................8 20.B. Outside of Regular Shift .............................8 20.C. Before 5 a.m.........................................8 21. DAMAGE TO PERSONAL EFFECTS.................................8 22. REIMBURSEMENT FUND.........................................9 22.A. Tuition Reimbursement................................9 22.B. Dependent Care Reimbursement .........................9 22.C. Additional Categories................................9 23. LICENSE RENEWAL...........................................10 24. SICK LEAVE................................................10 24.A. Reasons for Sick Leave..............................10 24.B. Restrictions on Sick Leave .......................... 10 24.C. Accrual and Use.....................................11 24.D. Advance Sick Leave..................................11 24.E. Sick Leave During vacation ..........................11 24.F. One -Fourth Conversion...............................11 24.0. One -Third Conversion................................12 24.H. For Employees Hired Prior to December 31, 1985......12 24.1. Conversion Deadline.................................12 25. BEREAVEMENT LEAVE.........................................12 26. VACATION..................................................13 26.A. Required Osage and Carryover ........................13 26.B. Cash -In Policy......................................13 26.C. Accrual.............................................13 27. HOLIDAYS..................................................14 27.A. Designated Holidays.................................14 27.B. Floating Holidays...................................14 28. LAYOFF....................................................14 29. INDUSTRIAL LEAVE..........................................14 30. IMPLEMENTATION............................................16 ii M • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE CIVILIAN ASSOCIATION OF POLICE PERSONNEL JULY 1, 1992 (Exhibit A) This Memorandum of Understanding is entered into with reference to the following facts: (1) the Civilian Association of Police Personnel (CAPP) (hereinafter referred to as "Association") is the recognized employee organization representing those personnel (hereinafter referred to as "employees") employed by the various departments of the City of Azusa (hereinafter referred to as "City"), and occupying the classifications as listed in Exhibit "B" attached hereto; (2) in the interest of maintaining harmonious relations between the City and those employees represented by the Association, authorized representatives of the City and the Association have met and conferred in good faith, exchanging various proposals concerning wages, hours, and other terms and conditions of employment to affected employees; and (3) the authorized representatives of the City and the Association have reached an understanding and agreement as to certain changes in wages, hours, and other terms and conditions of employment of the affected employees which shall be submitted to the City Council of the City for approval and implementation of these changes by appropriate ordinance, resolution, or other lawful action. Therefore, the City and the Association agree that, subject to approval and 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 The provisions of this document shall commence on July 1. 1992_ and shall continue through and including June 30, 1993. 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 document, or should any State or Federal law render a clause(s) of this document invalid, then those changes alone shall not be given effect and the remainder of this document standing shall be unaffected and shall remain in full force and effect. 1 MEMORANDUM OF UNDERSTANDING, CAPP, JULY 1, 42 3. REOPENER Should No. 2 render invalid any provision of this document, then meet -and -confer session(s) shall immediately commence in the effort to agree upon replacement(s) for such invalidated provisions (s). 4. SALARY Effective July 1. 1992, the base monthly salary of each employee shall be according to the information contained on Exhibit "A" of this document. No increase is reflected over the 1991-92 fiscal year salaries. The City agrees to conduct a survey of benchmark positions by June 23, 1992. S. RETIREMENT The City shall continue its contract with the Public Employees' Retirement System (PERS) under the 112% @ 60 full formula" plan. The City shall continue to pay both the "employee" and "employer" share of the cost of this benefit, including the 111959 Survivor Benefit." 6. TOTAL As a matter of philosophy, the compensation consists of terms and other than those represented solely City recognizes that the changes in terms and conditions of employment document constitute additions to received by affected employees. 7. NON -DI 7.A. Protection of Rights City recognizes that conditions of employment by salary. Further, the wages, hours, and other as set forth in this the total compensation The City and the Association shall recognize and 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. 7.8. Anti -Discrimination The City and the Association 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 OF UNDOSTANDING, CAPP, JULY 11 102 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 document 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 document or by law to manage the City, as such rights existed prior to the execution of this document. The sole and exclusive rights of Management, as they are not abridged by this document 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. 3 ANDUM OF UND• TANDING, CAPP, JULY 1, 1992 (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 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 document 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. S.B. Conformance With Rules The City shall have the right to exercise the rights provided in sections 119" through "16" of the Management rights clause, in accordance with the Personnel Rules and Regulations 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 in this document, or in Personnel Rules and Salary Resolutions 4 OF UNDOSTANDING, CAPP, JULY 1, 102 and Administrative Code(s) which are incorporated in this document. 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 document be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this document shall remain in full force and effect for the duration of this document. 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 document unless mutually agreed to the contrary by both parties hereto. 11. CAFETERIA BENEFIT PLAN 11.A. Amount of Monthly Benefit Effective August 1, 1992, the City will maintain the Cafeteria Benefit Plan (CBP) at five hundred sixteen dollars ($516) 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, taxable income (one change per year only), 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 five hundred sixteen dollars ($516) per month, the excess shall be deducted from the 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 5 OF UNDISTANDING, CAPP, JULY 1, 42 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 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. 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. UNIFORM ALLOWANCE The City agrees to provide a uniform allowance of three hundred twenty-five dollars ($325) per year for all employees who are required to wear or maintain a uniform. 11 MEMORANDUM OF UNDOSTANDING, CAPP, JULY 11 102 16. WORKWEEK AND TIMEKEEPING INTERVAL 16.A. Workweek The regular workweek for all employees covered by this document 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. 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. 16.H. Workday The workday will consist of ten (10) hours with one-half (1/2) hour for lunch and 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. 16.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. 17. COURT TIME The minimum court appearance time shall be four (4) hours per day. Court time is applicable only for court appearances scheduled during off-duty hours. 18. PREMIUM PAY 18.A. Training Pay Employees in the classification of Police Dispatcher shall receive Training Pay at the rate of five percent (5%) in addition to base salary while assigned to train a person to perform the functions of dispatcher. 19. 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 document, 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 a maximum accrual of two hundred (200) hours. 7 MEMORANDUM OF UNDOSTANDING, CAPP, JULY 1, 102 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 (200) hours. 20. OVERTIME MEAL POLICY 20.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. 20.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. 20.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. 21. 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 8 MEMORANDUM OF UNDOSTANDING, CAPP, JULY 1, 102 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. 22. REIMBURSEMENT FUND The City shall make available to each Association employee an amount not to exceed one thousand dollars ($1,000) per fiscal year which may be utilized for the following: 22.A. 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. 22.8. Dependent Care Reimbursement Included as part of the reimbursement fund shall be monies expended for the purpose of dependent care through any certified provider. The term "dependent" is defined as in the Bereavement Leave section of this Memorandum of Understanding. 22.C. Additional Categories The Finance Department will research additional categories of the Reimbursement Fund as suggested by employees, shall notify them of new allowable categories, and shall reimburse employees for their eligible expenses in the new categories as expeditiously as possible. MEMORANDUM OF UNDISTANDING, CAPP, JULY 1, 02 23. LICENSE RENEWAL The City agrees to pay the cost of maintaining certifications 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). 24. 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. Sick leave may be taken during the probationary period but only in such amount as the employee would have earned if on permanent status. If the employee does not become permanent, all paid sick leave must be reimbursed to the City at the time of termination of employment or it shall be deducted from he employee's final paycheck. The Finance Department will analyze and report to the employees the amount of sick leave earned, less the amount used, and the net accrued during the calendar year. 24.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 thirty (30) 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. 24.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. 10 MEMORANDUM OF UNASTANDING, CAPP, JULY 1, 102 (3) Disability or illness arising from compensated employment other than with the City. 24.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. 24.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. 24.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. 24.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 one-fourth to cash (but no combination of these two); unused, unconverted leave would then be added to the employee's sick leave balance. 11 MEMORANDUM OF UNDRSTANDING, CAPP, 24.G. One -Third Conversion JULY 1, IQ 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. 24.H. For Employees Hired Prior to December 31, 1985 An employee shall be entitled to payment at his/her current rate of salary upon death or retirement for fifty percent (50%) of accumulated sick leave, provided: (1) In case of retirement for disability arising out of and in the course of employment. The employee shall have been employed for five (5) consecutive years of service. (2) Voluntary retirement. Employee shall have been employed for ten (10) consecutive years of service. (3) In case of death. Employee shall have attained permanent status. An employee upon terminating City employment for reasons other than death or retirement shall be entitled to payment at the current rate of salary for fifty percent (50%) of accrued sick leave in excess of three hundred twenty (320) hours to a maximum payment of two hundred forty (240) hours. 24.I. Conversion Deadline A decision to convert sick leave according to the policies stated shall be made by March 31. 25. 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 12 MEMORANDUM OF UNDOSTANDING, CAPP, JULY 1, 102 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. 26. VACATION 26.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, 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. 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. 26.8. 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. 26.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 13 MEMORANDUM OF UNDISTANDING, CAPP, JULY 1, 02 27. HOLIDAYS 27.A. Designated Holidays The employee shall receive holiday 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. July 6, 1992 September 7, 1992 October 12, 1992 November 11, 1992 November 26, 1992 December 24, 1992 December 31, 1992 February 12, 1993 February 22, 1993 May 25, 1993 Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Day before Christmas Day before New Year's Day Lincoln's Birthday Washington's Birthday Memorial Day 27.B. 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. For the 1992-93 fiscal year only, the City and the Association agree to one additional ten (10) hour floating holiday to be utilized within the above -listed guidelines. Floating holidays shall accrue on July 1 and must be taken by the following June 30, or the hours will be forfeited. 28. LAYOFF The City agrees that in the event employees represented by the Association are laid off from their employment, a mini- mum 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. 29. 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 14 MEMORANDUM OF UNDISTANDING, CAPP, JULY 1, 42 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. 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 nine (9) 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 nine (9) 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 three (3) month period. An employee receiving long-term disability may be eligible to return to work on or before three (3) 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 three-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. 15 30. OF UNASTANDING, CAPP, JULY 1, 102 (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 thirty-nine (39) 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.) This document 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. IM n u MEMORANDUM OF UNDERSTANDING CIVILIAN ASSOCIATION OF POLICE PERSONNEL JULY 1,1992 EXHIBIT "A" SALARY RANGE Community Service Officer 9164 Jailer 9164 Police Cadet 9140 Police Dispatcher 9164 Police Records Clerk I 9140 Police Records Clerk II 9150 17 0 MONTHLY 1ST & 5TH STEPS -------------- 2,085.71 - 2,535.16 2,085.71 - 2,535.16 1,642.66 - 1,996.65 2,085.71 - 2,535.16 1,642.66 - 1,996.65 1,814.51 - 2,205.55 0 0 MEMORANDUM OF UNDERSTANDING CIVILIAN ASSOCIATION OF POLICE PERSONNEL JULY 1, 1992 AZUSA CITY EMPLOYEES ASSOCIATION B a`f"DATE BY DATE 10-19-90 BY DATE BY DATE CITY OF AZUSA BY 18 DATE 10�01/��9Z DATE /011oA9J- DATE B Bereavement Leave, 12 C Cafeteria Benefit Plan, 5 Eligibility, 5 Monthly Benefit, 5 Termination of, 6 City Rights, 3 Compensatory Time, 7 Authorization, 7 Maximum allowed, 7 Conformance With Rules, 4 Court Time, 7 D Damaged personal effects, 0 Dependent Care Reimbursement, 9 E Employee Assistance Plan, 6 Existing Benefits, 5 F FLSA, 7 E Health Insurance Holidays, 14 Designated, 14 Floating, 14 During Retirement, 6 I Implementation, 16 Industrial Leave, 14 L Layoff, 14 License Renewal, 10 State Pesticide License, 10 License/Certification maintenance, 10 Life Insurance, 6 M Management Rights, 3 Meet and Confer, 4 N Non -Discrimination, 2 0 0 Overtime, 7 Authorization, 7 Overtime Meal Policy, 8 Before 5 a.m., 8 Beyond Regular Shift, 8 Outside of Regular Shift, 8 R Reimbursement Fund, 9 Reopener, 2 Retirement, 2 8 Salaries listed, 17 Salary, 2 Savings Clause, 1 Separability, 5 Sick Leave, 10 Accrual, 11 Advance, it Conversion Deadline, 12 during vacation, 11 employees hired before Dec. 31, 1985, 12 One -Fourth Conversion, 11 One -Third Conversion, 12 reasons for, 10 T Term, 1 Total Compensation, 2 Training Pay, 7 Tuition Reimbursement, 9 U Uniform Allowance, 6 V Vacation, 13 Accrual, 13 Carryover, 13 Cash -In Policy, 13 Required Usage, 13 W Workday, 7 Workweek and Timekeeping Interval, 7