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HomeMy WebLinkAboutResolution No. 00-C142RESOLUTION NO. 00-C142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE AZUSA MIDDLE MANAGEMENT ASSOCIATION EFFECTIVE AUGUST 1, 2000, THROUGH JULY 31, 2004 WHEREAS, the City Council acknowledges the Middle -management Association as the recognized employee organization representing those personnel occupying the positions identified in the attached Memorandum of Understanding between the City and the Azusa Middle Management Association (AMMA), and WHEREAS, the Memorandum between the City of Azusa and the AMMA expired July 31, 2000, and it is appropriate for the management of the City to receive proposals that govern the compensation, benefits and working conditions of City employees, and WHEREAS, the representatives of management and representatives of AMMA have met on numerous occasions during the last 6 months and have discussed the issues between them and have bargained in good faith, and WHEREAS, management and AMMA have come to an agreement with regard to every issue, and WHEREAS, the new Memorandum of Understanding between the City of Azusa and the AMMA covering the period of August 1, 2000 through July 31, 2004, is attached. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Azusa does hereby approve the Memorandum of Understanding attached hereto and does direct the representatives of management to affix their signatures thereon. The City Clerk shall certify the passage of this Resolution. AND PASPEDAis 4'" day of December, 2000. I HEREBY CERTIFY that the foregoing Resolution was duly passed by the City Council of the City of Azusa at a regular meeting thereof held on the 41h day of December, 2000. AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Assistant • TABLE OF CONTENTS • 1. TERM OF MEMORANDUM OF UNDERSTANDING ..................................... 1 2. TOTAL COMPENSATION.......................................................... 1 3. NON-DISCRIMINATION ........................... . ...... I........................ 1 4. SEPARABILITY.................................................................. 1 5. MAINTENANCE OF EXISTING BENEFITS ............................................ 2 6. CITY RIGHTS................................................................... 2 7. WORKWEEK AND TIMEKEEPING INTERVAL ......................................... 3 8. SALARY........................................................................ 4 9. ADDITIONAL COMPENSATION.................................................... 4 9.1 Acting Pay................................................................. 4 9.2. Automobiles................................................................ 4 9.3 Bilingual Pay............................................................... 5 9.4 Deferred Compensation (City -paid) ............................................. 5 9.5. Educational Incentive Pay ...................................................... 5 9.6. Longevity Pay.............................................................. 5 10. FLEXIBLE BENEFIT PLAN ......................................................... 5 11. LEAVE TYPES I DAYS OFF ........................................................ 6 11.1. Administrative Leave......................................................... 6 11.2. Bereavement Leave......................................................... 6 11.3. Holidays................................................................... 7 11.4. Industrial Leave............................................................. 7 11.5. Sick Leave................................................................. 8 11.6. Vacation Leave............................................................ 10 12. COMPUTER LOAN PROGRAM .................................................... 11 13. DAMAGE TO PERSONAL EFFECTS ................................................ 11 14. EMPLOYEE ASSISTANCE PLAN .................................................. 11 15. LAYOFF OR RECLASSIFICATION................................................. 12 16. LICENSE RENEWAL............................................................ 12 17. LIFE INSURANCE............................................................... 12 18. PROPRIETARY INFORMATION AGREEMENT ....................................... 12 19. RETIREMENT .................................................................. 12 19.1 Optional Benefits........................................................... 12 19.2. Health Insurance During Retirement ............................................ 13 19.3. Lump Sum Option for Health Insurance During Retirement .......................... 13 19.4 Actuarial - One -Year Final Compensation and Cost of Living Allowances Increase ....... 13 20. TUITION REIMBURSEMENT...................................................... 13 21. UNIFORM ALLOWANCE......................................................... 15 22. POLICIES..................................................................... 15 0 0 CITY OF AZUSA AZUSA MIDDLE MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING August 1, 2000, through July 31, 2004 This Memorandum of Understanding is entered into with reference to the following facts: (1) The Azusa Middle Management Association (MMA) (hereinafter referred to as "Association") is the recognized employee organization representing those personnel (hereinafter referred to as "employees") employed by the City of Azusa (hereinafter referred to as "City"), and occupying classifications in Exhibits "A." (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. (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 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 otherterms and conditions of employment for all affected employees shall be as follows: TERM OF MEMORANDUM OF UNDERSTANDING The term of this Memorandum of Understanding (MOU) shall commence August 1, 2000 and shall continue in full force and effect until July 31, 2004. 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 Association recognize that the changes in wages, hours and other terms and conditions of employment as set forth in this Memorandum of Understanding constitute additions to the total compensation received by affected employees. 3. NON-DISCRIMINATION 3.1. Protection of Rights The parties mutually recognize and agree to protect the rights of all employees herebytojoin and/or participate in protected Association activities or to refrain from joining or participating in protected activities in accordance with Government Code Section 3500, at seg. 3.2. Anti -Discrimination The City and the Association agree that they shall not discriminate against any employee because of race, color, sex, age, national origin, political or religious opinions or affiliations. The City and the Association shall reopen any provisions of this Agreement for the purpose of complying with any final order of the federal or state agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this Agreement in compliance with state or federal anti -discrimination laws. 4. SEPARABILITY Should any provisions of this Memorandum of Understanding be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this Memorandum of Understanding shall remain in full force and effect for the duration of this Memorandum of Understanding. 0 0 MEMORANDUM OF UNDERSTANDING, AMMA, AUGUST 1, 2000, THROUGH JULY 31, 2004 5. 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. 6. CITY RIGHTS 6.1. Management Rights The City reserves, retains and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision(s) of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of Management, as they are not abridged by this Memorandum of Understanding or by law, shall include, but not be limited to, the following: 6.1.1 To manage the City generally and to determine the issues of policy. 6.1.2 To determine the existence or nonexistence of facts which are the basis of the Management decision. 6.1.3 To determine the necessity and organization of any service or activity conducted bythe City and expand or diminish services. 6.1.4 To determinethe nature, manner, means, and technology, and extent of services to be provided to the public. 6.1.5 To determine methods of financing. 6.1.6 To determine types of equipment or technology to be used. 6.1.7 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. 6.1.8 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. 6.1.9 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. 6.1.10 To relieve employees from duties for lack of funds or lack of work or similar nondisciplinary reasons 6.1.11 To establish and modify productivity and performance programs and standards. 6.1.12 To discharge, suspend, demote or otherwise discipline employees for proper cause. 6.1.13 To determine job classification and to reclassify employees. 6.1.14 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. 9 � ] MEMORANDUM OF UNDERSTANDING, AMMA, AUGUST 1, 2000, THROUGH JULY 31, 2004 6.1.15 To determine policies, procedures and standards for selection, training and promotion of employees. 6.1.16 To establish employee performance standards including, but not limited to, quality and quantity standards and to require compliance therewith. 6.1.17 To maintain order and efficiency in its facilities and operation. 6.1.18 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. 6.1.19 To take any and all necessary action to carry out the mission of the City in emergencies. 6.2. Conformance with Rules The City shall have the right to exercise the rights provided in sections 6. 1.9 through 6.1.16 of the Management rights clause, in accordance with the City of Azusa Rules of the Civil Service System and exercise these rights in conformance with the Civil Service rules. 6.3. 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. WORKWEEK AND TIMEKEEPING INTERVAL 7.1. 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 shall consist 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. 7.1.1 Notwithstanding 7.1, the City may maintain a five, eight-hour days per week schedule for employees currently assigned to such a schedule. Further, the City may assign a five, eight- hour per week schedule to employees preferring to work such a schedule. 7.1.2 During the first year of the agreement, the parties agree to discuss additional work week alternatives that will enable the City to provide services on an expanded basis to best meet the public's needs 7.2. Workday The workday will consist of ten and one half (101/2) hours with 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. 7.3. Timekeeping Interval In compliance with FLSA, the minimum timekeeping interval shall be one (1) ten (10) hour day. 0 0 MEMORANDUM OF UNDERSTANDING, AMMA, AUGUST 1, 2000, THROUGH JULY 31, 2004 B. SALARY 8.1 Salaries Effective 8-1-2000 The current base monthly salaries of employees in the -unit covered by this MOU are set forth in "Exhibit A." 8.2 Cost of Living Increases 8.2.1 Effective July 1, 2001, each employee shall receive a cost of living increase in the base monthly salary based on the March to March change in the Consumer Price index (as measured by the Los Angeles - Riverside -Orange County CA, CPI -U, All items) to a maximum of 4%. 8.2.2 Effective July 1, 2002, each employee shall receive a cost of living increase in the base monthlysalary based on the March to March change in the Consumer Price index (as measured by the Los Angeles - Riverside -Orange County CA, CPI -U, All items) to a maximum of 5%. 8.2.3 Effective July 1, 2003, each employee shall receive a cost of living increase in the base monthly salary based on the March to March change in the Consumer Price index (as measured by the Los Angeles - Riverside -Orange County CA, CPI -U, All items) to a maximum of 6%. 8.3. Automatic Payroll Deposit The City will continue to offer Automatic Payroll Deposit in cooperation with any bank that utilizes the Automated Clearing House service. 8.4 Compensation Survey Prior to March 3 1, 2001, the City shall conduct a compensation survey of all unit positions. The survey shall be conducted using the salary and benefit components and methodology used in the compensation survey conducted by the City in 2000. In addition, the survey shall evaluate the relationship between unit positions' salaries and salaries of subordinate positions. A copy of the survey results shall be provided to AMMA. The City agrees to meet with AMMA to discuss the results of the survey, but it is agreed by the parties that the City is under no obligation to make compensation adjustments as the result of the survey. 9. ADDITIONAL COMPENSATION 9.1 Acting Pay An employee otherwise eligible for acting pay shall not be eligible during scheduled periods of vacation or when on Sick Leave. 9.2. Automobiles The City shall provide automobiles for the employees occupying the following positions: Assistant Director of Electric Operations Assistant Director of Water Operations 4 MEMORANDUM OF UNDERSTANDING, AMMA, AUGUST 1, 2000, THROUGH JULY 31, 2004 Other employees may take a City vehicle home when it must be used either before or after the commute for attendance at a meeting or other City -related function, or for the purpose of making the employee available for emergency response. 9.3 Bilingual Pay The City shall pay an additional $100 per month to personnel demonstrating a proficiency in the Spanish language if theyare assigned and required to speak and translate the Spanish language in performance of their duties. An additional payment of $100 per month shall be paid to those who are proficient in written Spanish as well. Such payment is conditional upon demonstration of Spanish language proficiency by a qualified third -party examiner mutually agreed upon by both the City and the Association. Employees may apply for bilingual pay at anytime; however, examinations shall be conducted semi-annually 9.4 Deferred Compensation (City -paid) The City shall provide $90 per month in deferred compensation. 9.5. Educational Incentive Pay All employees who possess a master's degree from an accredited college or university in an academic subject, or a numbered certificate issued by a State or professional organization, appropriate to his/her job description, and not a simple membership in a professional organization, shall receive education incentive pay in the amount of $121 per month. 9.6. Longevity Pay Employees shall receive Longevity Pay as follows: The monthly Longevity Payfor employees shall be in accordance with the following schedule: 10 yrs = $150 15 yrs = $250 20 yrs = $350 Notwithstanding the foregoing, employees currently receiving a higher dollar amount of longevity pay than the amount provided for above shall continue to receive the higher dollar amount until eligible for an increase based on the schedule set forth above. 10. FLEXIBLE BENEFIT PLAN 10.1. Definition Effective August 1, 1993, the City's existing Cafeteria Benefit Plan (CBP) was converted to an IRS Section 125 Flexible Benefit Plan (FBP) administered by either the City or its designee. This plan can be used by the employee to pay, to the extent available, for qualified benefits as determined by the IRS. The employee understands that, in the event the total premiums and/or expenses for qualified benefits selected by him/her exceed the amount of the FBP, the excess shall be deducted from pre-tax wages of the employee. 10.2. Amount of Monthly Benefit Effective January 1, 2001, the City will maintain the Flexible Plan contribution in an amount equal to seven - hundred and thirty-one dollars ($731). 0 0 MEMORANDUM OF UNDERSTANDING, AMMA, AUGUST 1, 2000, THROUGH JULY 31, 2004 Effective January 1, 2002, the City will increase the Flexible Plan contribution in an amount equal to the average percentage increase for the basic plan premium for Health Maintenance Organizations (HMOs) under the CaIPERS insurance program, not to exceed 8 percent Effective January 1, 2003, the City will increase the Flexible Plan contribution in an amount equal to the average percentage increase for the basic plan premium for Health Maintenance Organizations (HMOs) under the CaIPERS insurance program, not to exceed 8 percent Effective January 1, 2004, the City will increase the Flexible Plan contribution in an amount equal to the average percentage increase for the basic plan premium for Health Maintenance Organizations (HMOs) under the CaIPERS insurance program, not to exceed 8 percent 10.3. Eligibility In order for an employee to be eligible for the FBP in any given month, he/she must be on payroll on the first work day (excluding recognized paid City holidays) of that month. A new employee will be eligible for the full FBP applicable to his/her bargaining unit if he/she begins work on the first work day (excluding recognized paid City holidays) of the month. An employee whose date of hire is on the second work day (excluding recognized paid City holidays) of the month or thereafter will not be eligible for the FBP for that month. If an employee does not meet the qualifying work time in any given month, 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 met the qualifying work time for eligibility for the FBP. 10.4. Termination The City will not be responsible for payment of any qualified benefits on behalf of the employee following the month of termination. If an employee represented by the Association wishes to continue his/her qualified benefits, advance payment for such qualified benefits will be deducted from the employee's final pay. 11. LEAVE TYPES/ DAYS OFF 11.1. Administrative Leave Employees shall receive fifty (50) hours per year of Administrative 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 Leaveto Vacation Leave shall notify the Finance Department anytime before June 15 of the desired conversion. It is the responsibility of the employee to request conversion. Administrative Leave shall be granted with due regard for the employee's wishes and the operational needs of the department. 11.2. 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 1.9 MEMORANDUM OF UNDERSTANDING, AMMA, AUGUST 1, 2000, THROUGH JULY 31, 2004 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. 11.3. Holidays 11.3.1 Designated Holidays The employee shall receive time off with pay for the following holidays but only if the employee is paid for the workday that precedes or follows the holiday. If a holiday falls on an employee's scheduled day off, the employee shall receive the holiday on the next scheduled business day. The dates upon which these holida s shall be observed are listed below: Holiday Schedule Month 2000- 2001 2001- 2002 2002- 2003 2003- 2004 2004- 2005 Independence Day July 4 4 7* 5' Labor Day Sept 4* 3* 2* 1* Columbus Day Oct r 9* 8* 14* 13* Veteran's Day Nov 13* 12* 11* 11 Thanksgiving Day Nov 23 22 28 27 Christmas Day Dec 25* 25 25 25 New Year's Day Jan 1* 1 1 1 Martin Luther King Day Jan 15* 21* 20* 19 President's Day Feb 19* 18* 17* 16 Memorial Day May 28* 27* 26' 31 * = Monday 11.3.2. Floating Holidays The City and the Association agree to two floating holidays of ten (10) hours each. All floating holidays shall be requested in advance from the appropriate department head or division chief. Enough employees shall remain at work during floating holidays so that the City's business may be conducted. Floating holidays shall accrue on July 1 and must be taken by the following June 30, or the hours will be forfeited. Effective August 1, 2000, each employee will be given a one-time bonus of one floating holiday. 11.4. Industrial Leave A regular employee who is temporarily or permanently incapacitated as a result of injury or illness determined to be compensable under the Workers' Compensation Act shall be granted Industrial Leave underthe following terms and conditions: 0 0 MEMORANDUM OF UNDERSTANDING, AMMA, AUGUST 1, 2000, THROUGH JULY 31, 2004 11.4.1 An employee granted Industrial Leave shall continue to be compensated at his regular rate of pay in lieu of temporary disability payments. 11.4.2 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 (1) above. 11.4.3 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. 11.4.4 Except as provided in (2) 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. 11.4.5 Industrial Leave shall expire when one of the following conditions occurs: 11.4.5.1 Employee is able to return to work to his/her regular position. 11.4.5.2 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 California Public Employees' Retirement System: 11.4.5.2.1 The employee's condition is determined to be permanent or of an extended duration. 11.4.5.2.2 The degree of disability precludes continued employment by the employee in his present position. 11.4.5.2.3 After fifty-two (52) weeks of industrial disability payments. 11.4.6 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.) 11.5. 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 must be exhausted before compensatory time off or Vacation Leave may be used for Sick Leave reasons. 11.5.1. Reasons for Use of Sick Leave Sick Leave shall be granted for the following reasons: 11.5.1.1 Personal illness or physical incapacity. 11.5.1.2 The illness of a member of the employee's immediate family (father, mother, sister or brother), or members of the employee's household (husband, wife, and children) that require the employee's personal care and attention. 0 0 MEMORANDUM OF UNDERSTANDING, AMMA, AUGUST 1, 2000, THROUGH JULY 31, 2004 Sick Leave use under Section 11.5.1.2 shall be limited to twelve days per year; except that up to twelve weeks per year (running concurrently with family medical leave) may be approved by the department head when a relative covered under Section 11.5.1.2 has an illness, injury, or condition, which may be expected to be of long duration, has no reasonable date of termination and requires continuous or intermittent care by the employee. 11.5.1.3 Enforced quarantine of the employee in accordance with Health Department regulations. 11.5.1.4 Medical, dental, and optical appointments. 11.5.2. Accrual and Use Employees shall accrue Sick Leave at the rate of ten hours per month for each calendar month of paid employment, with unlimited accumulation. Sick Leave taken as personal business is not to exceed a maximum of forty (40) hours during any one (1) year. Personal business'tneans those items of Personal Business that can only betaken 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. Departments are to use the earning code PB for this purpose. Personal Business shall be debited against the employee's Sick Leave balance but Sick Leave taken as Personal Business Leave shall not betaken into consideration for the purposes of the Sick Leave Cash -In program or with regard to employee performance evaluations. Employees must provide advance notice for Personal Business Leave whenever possible 11.5.3. One -Fourth Conversion If the employee has used more than three, but not more than six days of Sick Leave, excluding time spent on personal business or bereavement, he or she would have the following options: 11.5.3.1 Carry over the accrual and add it to his or her Sick Leave balance. 11.5.3.2 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. 11.5.4. One -Third Conversion If the employee has used no more than three days of Sick Leave, excluding time spent on personal business or bereavement, he or she would have the following options: 11.5.4.1 Carry over the accrual and add it to his or her Sick Leave balance. 11.5.4.2 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. A decision to convert Sick Leave according to the policies stated shall be made by March 31. 0 0 MEMORANDUM OF UNDERSTANDING, AMMA, AUGUST 1, 2000, THROUGH JULY 31, 2004 11.5.5. Conversion to Cash upon Retirement or Separation 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 a 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. Upon voluntary separation with at least twenty five (25) years of service with the City, employee may convert one hundred percent (100°/x) of his or her accrued Sick Leave balance to cash. In case of layoff, the employee shall be allowed to convert 100% of his or her accrued Sick Leave balance to cash. 11.5.6. Conversion to Service Credit Upon Retirement Pursuant to the terms of the City's contract, as amended, with the California Public Employees' Retirement System, upon voluntary retirement the employee may convert 100% of his or her accrued Sick Leave balance, less any amount converted to cash under the provisions of Section 11.5.4, to retirement service credit. 11.6. Vacation Leave 11.6.1. Required Usage and Carryover Leave will be credited on a "per -pay -period" basis. Employees shall be required to use one-half ('h) of their annual vacation accrual yearly. Employees shall be able to carry over vacation accrual from one year to the next, cumulatively, up to a maximum of seventy-eight (78) times the then -current pay period rate of vacation accrual. This maximum is waived, however, until July 31, 2004. At that time, if the employee has vacation accrual at, or in excess of, the cap, the employee's vacation accrual balance shall be paid down to 52 times the then -current pay period rate of vacation accrual. Commencing on July 31, 2004, if the employee's balance is at or above the 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 or other factors, for the employee to use his or her vacation before reaching a maximum, it shall be within the department head's authority to authorize cash payment in lieu of time off. 11.6.2. Cash -in Policy Employees covered by this Memorandum of Understanding may convert vacation time to cash with administrative approval. 10 0 0 MEMORANDUM OF UNDERSTANDING, AMMA, AUGUST 1, 2000, THROUGH JULY 31, 2004 11.6.3. 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. COMPUTER LOAN PROGRAM 12.1. The Computer Loan Plan described below shall be made available to full time regular employees. Eligibility is limited to employees who have completed their initial probation period with the City. 12.2. The equipment configuration shall be appropriate to the employee's position and career with the City. 12.3. It is the employee's responsibility to negotiate the price for the equipment and to bring a copy of the order/quote to the City for approval orior to purchase. 12.4. The employee shall apply for a loan with the City on a City provided loan application. If the employee qualifies, the City will fund the loan on an interest free basis. Loan payments must be by payroll deduction. Each loan payment period shall not exceed two years and the aggregate value of all loan(s) shall not exceed $5,000 per employee. In order for an employee to receive a loan under the Plan for equipment upgrades for purchase of equipment components, the employee must certify that he/she already owns the remaining components required to constitute a computer system. 12.5. Any remaining loan balance must be paid in full at time of separation of employment. Payment will be made directly and/or by deduction from the last paycheck. In the event an outstanding balance remains, the employee is responsible for making payment arrangements. The failure to make full payment will obligate the employee to pay the City's attorneys fees in any restitution process. 13. 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. 14. EMPLOYEE ASSISTANCE PLAN The City will continue to maintain the Employee Assistance Plan. 11 0 0 MEMORANDUM OF UNDERSTANDING, AMMA, AUGUST 1, 2000, THROUGH JULY 31, 2004 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. 17. LIFE INSURANCE The City shall provide term life insurance equal to one and one-half (13'2) times annual salary. 18. PROPRIETARY INFORMATION AGREEMENT All unit employees will be subject to state and federal laws prohibiting the disclosure of confidential business information, trade secrets and other proprietary information. The City will provide orientation on employee obligations under such laws for existing and new employees. 19. RETIREMENT The City shall continue its contract with the California Public Employees' Retirement System (CaIPERS), at the"2% @ 55 full formula" plan. The City shall also maintain the increased level of the 1959 Survivor Benefit. The City shall continue to pay both the "employee" and "employer" share of the cost. 19.1 Optional Benefits 19.1.1 The City's contract with the CaIPERS includes the additional benefit of Service Credit for Unused Sick Leave. 19.1.2 The City's contract with the CaIPERS includes participation in the Two Years Additional Service Credit as authorized by the State Legislature. 19.1.3 The City's contract with CaIPERS includes Employer -Paid Member Contribution as Compensation in base pay during the final compensation period. 19.1.4. CalPERS Service Credit for Military Service The CalPERS Service Credit for Military Service Credit Purchase Assistance Plan described below shall be made available to full-time regular employees who have completed their initial probation period with the City. The City's contract with CaIPERS includes the provisions of Section 21024, Military Service Credit as Public Service. Eligible employees with qualifying military service can contact CalPERS and arrange to be billed for the service credit (CaIPERS' estimate is $5,000 per year of service). The City shall reimburse the employee for 25% of the amount of the bill. If desired, the employee may apply for a loan from the City for the remaining 75%. The employee shall apply for the loan on a City -provided loan application. If the employee qualifies, the City will fund the loan on an interest-free basis. Loan payments must be by payroll deduction. Each loan payment period shall not exceed six years. The City may require collateral. ipli 0 0 MEMORANDUM OF UNDERSTANDING, AMMA, AUGUST 1, 2000, THROUGH JULY 31, 2004 Any remaining loan balance must be paid in full at the time of separation of employment. Payment will be made directly and/or by deduction from the last paycheck. In the event an outstanding balance remains, the employee is responsible for making payment arrangements. The failure to make full payment will obligate the employee to pay the City's attorney's fees in any restitution process. 19.2. Health Insurance During Retirement Beginning with the first month after retirement, for Association employees who, at the time of retirement from the City of Azusa, have attained the age of fifty (50) and have at least fifteen It 5) cumulative years of service with the City of Azusa, the City will reimburse monthly to the employee, until the employee passes away, an amount equal to thirty three and one-third percent (331/3%) of the single -coverage premium in the employee's comprehensive health insurance plan. For Association employees who, at the time of retirement from the City of Azusa, have attained the age of fifty (50) and have at least twenty (20) cumulative years of service with the City of Azusa, the City will reimburse the employee an amount equal to seventy five percent (75%) of the single -coverage premium in the employee's comprehensive health insurance plan. For Association employees who, at the time of retirement from the City of Azusa, have attained the age of fifty (50) and have at least twenty five (25) cumulative years of service with the City of Azusa, the City will reimburse the employee an amount equal to one hundred percent (100%) of the single -coverage premium in the employee's comprehensive health insurance plan. The amount of the City's contribution shall vary, up or down, depending upon the employee's choice of health insurance carrier and its periodic changes in its rates. The minimum contribution (currently $16 per month) that the City pays directly to CalPERS shall be considered to be part of that portion paid by the City. If a retired employee maintains health insurance other than a CaIPERS plan, the maximum amount the City will pay for the insurance premium will not exceed the single premium for the CalPERS Care plan. 19.3. Lump Sum Option for Health Insurance During Retirement As an irrevocable option, not later than 30 days after separation from employment with the City of Azusa, an employee may choose to receive in a lump sum the present value of his or her Health Insurance During Retirement, to the extent that he or she is so entitled (amount to be determined by actuarial tables and will vary with age, years of service and other factors). The present value calculation shall be based upon the monthly premium for CalPERS-Care insurance or for the plan in which the employee is actually enrolled, whichever is higher. 19.4 Actuarial - One -Year Final Compensation and Cost of Living Allowances Increase City agrees to purchase an actuarial study to determine the cost of providing miscellaneous employees with the optional benefits of One -Year Final Compensation (Government Code Section 20042) and Annual Cost -of - Living Allowances Increase (Government Code Section 21335). Upon receipt of such actuarial study, City agrees to meet and confer with the Union in good faith with no commitment or obligation on City's part to implement these optional benefits. 20. TUITION REIMBURSEMENT 20.1. Objective The tuition reimbursement program is designed to encourage employees to continue their self -development by enrolling in approved classroom courses which will: 13 0 0 MEMORANDUM OF UNDERSTANDING, AMMA, AUGUST 1, 2000, THROUGH JULY 31, 2004 20.1.1. Educate them in new concepts and methods in their occupational field and prepare them to meet the changing demands of their job. 20.1.2. Help prepare them for advancement to positions of greater responsibility in the City of Azusa. 20.2. Eligibility 20.2.1. All regularly appointed employees are eligible to receive tuition reimbursement. Courses must commence after appointment and be in excess of the educational standards for the position. An example of this would bejob-related college or university courses when the specification for the classification calls for high school graduation. 20.2.2. Courses must be (except where noted below in paragraphs 19.3.3. and 19.3.4.) traditional classroom courses taken at colleges or universities and approved by the Western Association of Schools and Colleges. Distance learning classes offered by such colleges and universities shall be covered by this provision. Credits given for non -classroom assignments such as life experience, military training, and professional training are not reimbursable. 20.2.3. Coursework must be related to the employee's current occupation or to a City classification to which the employee may reasonably expect promotion within the next five years. 20.3. Courses may be eligible if they: 20.3.1. Are above the educational requirements of the position as noted in the position specification and are not taken to acquire skills, knowledge and abilities which the employee was deemed to have when appointed the position. 20.3.2. Do not duplicate training which the employee has already had or which is to be provided in- house. 20.3.3. Do not duplicate previously taken courses unless special approval has been granted by the department head and the Human Resources Division. 20.3.4. Are required for the completion of the pre -approved job-related major. An example would be general education or elective requirements for the major as stated in the school catalog. Remedial courses or those taken as required for a non -approved major shall not be eligible. 20.3.5. Include completed engineering review courses taken at accredited institutions for which an academic grade or units of academic credit are not given. These courses must prepare candidates for a certificate, license or registration issued by the California Board of Registration for Professional Engineers. The employee must receive the certificate or license from this Board to be eligible for reimbursement, which will be granted for a maximum of 2 courses per certificate, license or registration. 20.3.6. Lead to a City -approved certificate, license or registration. Reimbursement may be made for any examination fees required to seccessfully obtain the certificate, license or registration. Reimbursement for eligible expenses will be made after obtaining the license, certificate or registration. 20.3.7. Are not taken on City time and must be certified that they are taken on the employee's off-duty time. 20.3.8. Are part of a bona -fide curriculum of the study of the Spanish language. 14 MEMORANDUM OF UNDERSTANDING, AMMA, AUGUST 1, 2000, THROUGH JULY 31, 2004 20.3.9. Have been approved by the Department Head and the City Administrator or his/her designee before commencement of the class. 20.4. Reimbursement 20.4.1. The City shall reimburse employees for tuition, registration fees and texts required for the eligible courses. Expenses for parking,travel,meals, processing fees, transcript fees, materials and any other costs are not reimbursable. 20.4.2. Employees shall be reimbursed up to the dollar amount charged for the same number of units per term by California State University system. 20.4.3. In order to be reviewed, each application must state exactly which units or credits the employee is applying for and whether the courses submitted are core courses or recommended electives for the approved major. 20.4.4. Reimbursement shall be made upon completion of the course with a minimum final grade of "C" or its equivalent, i.e., a pass in a pass/fail course will be considered equivalent to a "C." No reimbursement shall be made for audited or incomplete courses. 20.4.5. Employees must submit from the attendant institution an original certification of fees paid and grade acheived in order to have their application considered for reimbursement. These documents must accompany the reimbursement application form in order to be processed. 20.4.6. Application for reimbursement must be submitted within three months of the completion of the approved course in order to be considered for reimbursement. 20.4.7. Upon termination from employment, employees shall be required to reimburse the City for any funds received under this program for courses completed during the last 24 months of employment. This payback provision does not apply to employees laid off by the City or who separate as a result of a City/departmental reorganization. 21. UNIFORM ALLOWANCE Retroactive to July 1, 1996, Association employees that are permanently assigned to work in departments wherein employees typically receive a uniform allowance shall receive a uniform allowance commensurate with that of their respective work groups. 22. POLICIES The City shall establish an ad hoc committee consisting of management representatives and a representative of each employee organization to discuss and develop the following policies: Donation of Sick Leave Reasonable Suspicion Drug and Alcohol Testing Attendance Family Medical Leave Pregnancy Disability Leave 15 EXHIBIT "A" AMMA MONTHLY SALARY 7-1-1999 throu h 6-30-2001 CLASSIFICATION Ste 1 Ste 2 Ste 3 Ste 4 Ste 5 Assistant Ci Clerk $2,960.33 $3,108.36 $3,263.77 $3,426.96 $3,598.28 Assistant Ci Librarian flRannge $4,239.10 $4,451.06 $4,673.59 $4,907.27 $5,152.63 Assistant Director of Communit Develo ment6,027.15 $6,334.11 $6,656.69 $6,995.71 $7,351.99 Assistant Director of Customer Care & Solution$6,779.00 $7,117.95 $7,473.85 $7,847.54 $8,240.00 Assistant Director of Electrical O erations $6,779.00 $7,117.95 $7,473.85 $7,847.54 1 $8,240.00 Assistant Director of Finance 3344 $4,887.10 $5,135.80 $5,397.16 $5,671.82 $5,960.44 Assistant Director of Resource Management 3557 $6,779.00 $7,117.95 $7,473.85 $7,847.54 $8,240.00 Assistant Director of Water Operations 3557 $6,779.00 $7,117.95 $7,473.85 $7,847.54 $8,240.00 Building Official 3365 $4,451.75 $4,674.32 $4,908.02 $5,153.42 $5,411.10 City Engineer 3440 $5,365.01 $5,639.34 $5,927.40 $6,229.85 $6,547.43 Community Improvement Manager 3370 $4,774.22 $5,012.93 $5,263.58 $5,526.76 $5,803.09 Electrical Engineer 3448 $5,458.38 $5,731.29 $6,017.86 $6,318.75 $6,634.67 Emer enc Services Coordinator 3268 $3,268.61 $3,432.04 $3,603.66 $3,783.85 $3,973.03 Grant Compliance Officer 3341 $4,151.20 $4,364.85 $4,589.18 $4,824.71 1 $5,072.06 Information Systems Manager 3345 $5,274.90 $5,538.65 $5,815.56 $6,106.37 $6,411.68 Cnd Ap Park Superintendent 3302 $3,861.55 $4,046.88 $4,241.46 $4,445.76 $4,660.31 Public Information Officer 3205 $4,012.04 1$4,204.88 $4,407.36 $4,619.97 $4,843.22 Sr Mana ement Analyst/Integrated Waste Man 3213 $4,405.98 $4,621.18 $4,847.21 $5,084.49 $5,333.61 Senior Services Manager 3300 $3,660.69 $3,843.72 $4,035.94 $4,237.72 $4,449.62 Su erintendent of Public Works 3401 $4,878.71 $5,122.64 $5,378.79 $5,647.72 $5,930.13 Transportation Manager 3365 $4,451.75 $4,674.32 $4,908.02 $5,153.42 $5,411.10 Utilities Financial Analyst 3427 $5,198.06 $5,457.95 $5,730.84 $6,017.42 $6,318.27 Utility Administrative Services Supervisor 3565 $4,170.29 $4,378.82 $4,597.75 $4,827.65 $5,069.03 AMMA INDEX Acting Pay (5) Actuarial - One-year Final Compensation and Cost of Living Al (14) Additional Compensation (5) Automobiles (5) Bilingual Pay (6) Deferred Compensation (City -paid) (6) EducationalIncentive Pay (6) Administrative Leave (7) Automobiles (5) Bereavement Leave (7) Bilingual Pay (6) City Rights (3) Conformance with Rules (4) Management Rights (3) Meet and Confer (4) Computer Loan Program (12) Damage to Personal Effects (12) Deferred Compensation (City -paid) (6) Educational Incentive Pay (6) Employee Assistance Plan (12) Flexible Benefit Plan (6) Amount of Monthly Benefit (6) Definition (6) Eligibility (7) Termination (7) Health Insurance During Retirement (14) Holidays (8) Designated Holidays (8) Floating Holidays (8) Industrial Leave (8) Layoff or Reclassification (13) Leave Types / Days off Administrative Leave (7) Bereavement Leave (7) Holidays (8) Industrial Leave (8) Sick Leave (9) Vacation Leave (11) License Renewal (13) Longevity Pay (6) Lump Sum Option for Health Insurance During Retirement (14) Maintenance of Existing Benefits (3) Management Rights (3) Non-discrimination (2) Anti -discrimination (2) Protection of Rights (2) Policies (16) Proprietary Information Agreement (13) Retirement (13) Actuarial - One-year Final Compensation and Cost of Living At (14) Health Insurance During Retirement (14) 0 Lump Sum Option for Health Insurance During Retirement (14) Optional Benefits (13) Salary (5) Automatic Payroll Deposit (5) Compensation Survey (5) Cost of Living Increases (5) Effective 8-1-2000 (5) Separability (2) Sick Leave (9) Accrual and Use (10) Conversion to Cash upon Retirement or Separation (11) One-fourth Conversion (10) One-third Conversion (10) Reasons for Use of Sick Leave (9) Survey, Compensation (5) Term of Memorandum of Understanding (2) Total Compensation (2) Tuition Reimbursement (14) Eligibility (15) Eligible Courses (15) Objective If 4) Reimbursement (16) Vacation Leave (11) Accrual (12) Cash -in Policy (11) Required Usage and Carryover (11) Workweek and Timekeeping Interval (4) Timekeeping Interval (5) Workday (4) Workweek (4) 0 0 AZUSA MIDDLE MANAGEMENT ASSOCIATION b04416fO/r/ /2- �2-0 David Ramer, AssisAnt Director of BeGkik Operations Date (L— Iz—,,>o Date n WS rico Langit, Dottie Wallace, Human Resources Manager/Personnel Officer Date 17