HomeMy WebLinkAboutAgenda Packet - July 24, 2006 - CCAGENDA
SPECIAL MEETING OF THE CITY COUNCIL
AZUSA LIGHT AND WATER MONDAY, DULY 24, 2006
729 NORTH AZUSA AVENUE 7:30 P.M. OR IMMEDIATELY FOLLOWING
THE UTILITY BOARD MEETING
A. PRELIMINARY BUSINESS
• Call to Order
• Roll Call
B. PUBLIC PARTICIPATION -Please note that public comments are welcomed by recognition of the
Mayor.
C. CONSENT AGENDA ITEM
1. AZUSA PUBLIC WORKS EMPLOYEE ASSOCIATION CONTRACT EFFECTIVE AUGUST 1. 2005
THROUGH IULY 31, 2009. RECOMMENDED ACTION: Approve the Azusa Public Works Employee
Association (APWEA) contract dated August 1, 2005 through July 31, 2009.
D. ADIOURNMENT
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1. Adjourn
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a city meeting please contact the City Clerk at 626-812-5229. Notification three (3) woddng days prior
to the meeting or time when special services are needed wiil assist staff in assuring that reasonable
arrangements can be made to provide access to the meeting "
DATE: JULY 20, 2006
TO: MEMBERS OF THE AZUSA CITY COUNCIL
RE: NOTICE OF A SPECIAL MEETING
to be held on MONDAY, JULY 24, 2006, at 7:30 p.m., or immediately following the Utility
Board Meeting, at the Azusa Light and Water Conference Room, located at 729 North Azusa
Avenue, Azusa, California, for the purpose of:
AZUSA PUBLIC WORKS EMPLOYEE ASSOCIATION CONTRACT EFFECTIVE
AUGUST 1, 2005 THROUGH JULY 31, 2009.
CANDACETOSCANO
DEPUTY CITY CLERK
CONSENT CALENDAR
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CATHY A. HANSON, DIRECTOR OF HUMAN RESOURCES
VIA: F.M. DELACH, CITY MANAGER*
DATE: JULY 24, 2006
SUBJECT: AZUSA PUBLIC WORI(S EMPLOYEE ASSOCIATION CONTRACT EFFECTIVE
AUGUST 1, 2005 THROUGH JULY 31, 2009
RECOMMENDATION
It is recommended that City Council approve the Azusa Public Works Employee
Association (APWEA) contract dated August 1, 2005 through July 31, 2009.
BACKGROUND
Beginning in July of 2005, City Administration began negotiations with employee
bargaining units. APWEA and the City came to agreement for a five year period.
A summary of the proposed changes to the current APWEA Memorandum of
Understanding includes:
• Cost of living increases as follows:
o July 1, 2005 5%
o July 1, 2006 4%
o July 1, 2007 4%
o July 1, 2008 4.5%
o July 1, 2009 4%
• PARS retirement enhancement in 2006.
• Increase in equipment allowance from $185.00 to $200.00.
• Increase in Flexible Benefits Plan contribution from $903 to $939.
• A re -opener in 2008 to discuss salary.
Please see attached MOU for more details.
Staff recommends Council approve this Memorandum of Understanding.
FISCAL IMPACT
Finance estimates the General Fund cost of these changes to be approximately
$98,360 for the five fiscal years of the contract.
TABLE OF CONTENTS
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}' 1. TERM OF MEMORANDUM OF UNDERSTANDING.............................................................................................2
2. IMPLEMENTATION...............................................................................................................................................2
3. SAVINGS CLAUSE...............................................................................................................................................2
4. TOTAL COMPENSATION.....................................................................................................................................2
5. NON-DISCRIMINATION........................................................................................................................................3
6. DUES DEDUCTIONS & MAINTENANCE OF MEMBERSHIP...............................................................................3
7. CITY RIGHTS........................................................................................................................................................3
8. SEPARABILITY.....................................................................................................................................................5
9. MAINTENANCE OF EXISTING BENEFITS..........................................................................................................5
10. WORKWEEK AND TIMEKEEPING INTERVAL....................................................................................................5
11. SALARY................................................................................................................................................................6
12.
ADDITIONAL COMPENSATION/PREMIUM PAY.................................................................................................6
12.1. Acting Pay.................................................................................................................................................6
12.2. Bilingual Pay.............................................................................................................................................7
12.3. Callback....................................................................................................................................................7
12.4. Deferred Compensation (Employer Paid).................................................................................................8
12.5. Equipment Allowance...............................................................................................................................8
12.6. Longevity Premium...................................................................................................................................8
12.7. Overtime/Compensatory Time..................................................................................................................8
12.7.1 Overtime Meal Policy..........................................................................................................9
12.8. Night Shift Differential...............................................................................................................................9
12.9. Paint Crew................................................................................................................................................9
12.10. Standby.....................................................................................................................................................9
12.11. Uniform Allowance..................................................................................................................................10
12.12. Weekend Assignment............................................................................................................................10
13.
COMPUTER LOAN PROGRAM..........................................................................................................................10
14.
DAMAGE TO PERSONAL EFFECTS.................................................................................................................10
15.
EMPLOYEE ASSISTANCE PLAN.......................................................................................................................11
16.
FLEXIBLE BENEFIT PLAN.................................................................................................................................11
17.
LEAVE TYPES.....................................................................................................................................................12
17.1. Bereavement Leave................................................................................................................................12
17.2. Holidays..................................................................................................................................................12
17.3. Industrial Leave......................................................................................................................................13
17.4. Sick Leave..............................................................................................................................................14
17.5. Vacation...........................................:......................................................................................................16
18. LICENSE RENEWAL..........................................................................................................................................16
19. LIFE INSURANCE...............................................................................................................................................16
20. LONGTERM DISABILITY INSURANCE.............................................................................................................17
21. RETIREMENT.....................................................................................................................................................17
22. TUITION REIMBURSEMENT..............................................................................................................................18
23. FLEXIBLE STAFFING POSITIONS....................................................................................................................20
24. POLICIES.......................................................................................................................................................:....20
25. LAY OFF.............................................................................................................................................................20
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF AZUSA AND THE
AZUSA PUBLIC WORKS EMPLOYEES ASSOCIATION
AUGUST 1, 2005 THROUGH JULY 31, 2009
This Memorandum of Understanding is entered into with reference to the following facts:
(1) the Azusa Public Works Employees Association (hereinafter referred to as Union) is the recognized
employee organization representing those personnel (hereinafter referred to as "employees") employed by
the various departments of the City of Azusa (hereinafter referred to as "City'), and occupying the
classifications as listed in Exhibit "A," attached hereto;
(2) in the interest of maintaining harmonious relations between the Cityand those employees represented bythe
Union, authorized representatives of the City and the Union 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 Union 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 Union 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:
TERM OF MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding (MOU) shall commence August 1, 2005, and shall continue in full
force and effect until July 31, 2009.
2. IMPLEMENTATION
This MOU 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.
3. SAVINGS CLAUSE
Should any State or Federal law mandate the loss of revenue to the City as a result of the implementation of any
clause of this Memorandum of Understanding, or should any State or Federal law render a clause(s) of this
Memorandum of Understanding invalid, then those changes alone shall not be given effect and the remainder of this
Memorandum of Understanding shall be unaffected and shall remain in full force and effect.
4. TOTAL COMPENSATION
As a matter of philosophy, the Union 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 Union 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.
5. NON-DISCRIMINATION
5.1. Protection of Rights
The parties mutually recognize and agree to protect the rights of all employees hereby tojoin and/or participate in
protected Union activities or to refrain from joining or participating in protected activities in accordance with
Government Code Section 3500, et sea.
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MEMORANDOM OF UNDERSTANDING, APWEA, AUGUST 1, 2005 THROUGH JULY 31, 2009
5.2. Anti -Discrimination
The City and the Union 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 Union 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.
6. DUES DEDUCTIONS & MAINTENANCE OF MEMBERSHIP
6.1 The City shall deduct for dues and Union benefits on a regular basis from the pay of all employees in the
classifications and positions recognized to be represented by the Union who voluntarily authorizes such
deduction, in writing, on a mutually agreed-upon form to be provided for this purpose. The City shall remit
such funds to the Union within thirty days following their deduction.
6.1.1 Indemnification
The Union agrees to hold the City harmless and indemnify the City against claims, causes of
action or lawsuits arising out of the deductions or transmittal of such funds to the Union, except
for the intentional failure of the City to transmit to the Union monies deducted from the employees
pursuant to this Article.
6.2. Maintenance of Membership
6.2.1 All unit members who, on August 1, 2000, or thereafter are members of the Union in good
standing, shall maintain membership in the Union for the term of this MOU, except as otherwise
provided below.
6.2.2 The Union hereby agrees to hold harmless the City of Azusa and its officers and
employees from any claim loss or liability or cause of action of any nature whatsoever
arising out of the implementation of this article.
6.2.3 Every employee who is a member of the Union shall have the right to withdraw from
membership between June 1 and June 15 of each year.
CITY RIGHTS
7.1.: 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:
7.1.1 To manage the City generally and to determine the issues of policy.
7.1.2 To determine the existence or nonexistence of facts which are the basis of the
Management decision.
7.1.3 To determine the necessity and organization of any service or activity conducted by the
City and expand or diminish services.
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MEMORANDOM OF UNDERSTANDING, APWEA, AUGUST 1, 2005 THROUGH JULY 31, 2009
7.1.4 To determine the nature, manner, means and technology, and extent of services to be
provided to the public.
7.1.5 To determine methods of financing.
7.1.6 To determine types of equipment or technology to be used.
7.1.7 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.
7.1.8 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;
provided, however:
7.1.8.1 City will bargain about effects of any decision to contract out work historically
performed by unit members.
7.1.8.2 Except in the case of a bona fide emergency, City will provide a minimum 90 -
day advance notice on any proposed contracting out of work historically
performed by unit members and will commence meeting and conferring over
the effects within ten days of said notice.
7.1.8.3 If a proposed contractor pays less than the economic value of City employees
wages and economic benefits, the City will notify the Union and, at a time when
such discussions would be meaningful, informally discuss alternatives to
contracting out with the Union. The parties agree to conduct discussions in
good faith, but acknowledge that this is not bargaining (meet and confer).
7.1.9 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.
7.1.10 To relieve employees from duties for lack of funds or lack of work or similar non -
disciplinary reasons.
7.1.11 To establish and modify productivity and performance programs and standards.
7.1.12 To discharge, suspend, demote or otherwise discipline employees for proper cause.
7.1.13 To determine job classification and to reclassify employees.
7.1.14 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.
7.1.15 To determine policies, procedures and standards for selection, training and promotion of
employees.
7.1.16 To establish employee performance standards including, but not limited to, quality and
quantity standards and to require compliance therewith.
7.1.17 To maintain order and efficiency in its facilities and operation.
MEMORANDOM OF UNDERSTANDING, APWEA, AUGUST 1, 2005 THROUGH JULY 31, 2009
7.1.18 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.
7.1.19 To take any and all necessary action to carry out the mission of the City in emergencies.
7.2. Conformance with Rules
The City shall have the right to exercise the rights provided in sections 7.1.9 through 7.1.16 of the Management
rights clause, in accordance with the Personnel Rules and Regulations as they exist as of May 16, 1988, and
shall exercise these rights in conformance with the Personnel Rules and Regulations.
7.3. 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 Union 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 Union 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.
8. 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.
9. 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.
10. WORKWEEK AND TIMEKEEPING INTERVAL
10.1. Workweek
The regular workweek for all employees covered by this Memorandum of Understanding 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) consecutive days a
week and ten (10) hours per day. Within certain departments there exists a compelling need for certain
employees to work a five (5) day forty (40) hour week. Upon a clear showing of need and with the affected
employees consent, the department head may schedule employees accordingly. 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.
10.1.1 Notwithstanding 10.1, 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.
10.1.2 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
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MEMORANDOM OF UNDERSTANDING, APWEA, AUGUST 1, 2005 THROUGH JULY 31, 2009
10.2. Workday
Except as provided in 10.1.1 and 10.1.2, the workday will consist often and one half (10'/2) hours with one-half
('/2) hour for lunch and 40 minutes of breaks to be scheduled in light of the departmental policy.
The City reserves the right to determine the beginning and ending times of the workday.
10.3. 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.
11. SALARY
The current base monthly salaries of employees in the unit covered by this MOU are set forth in "Exhibit A."
11.1 Cost of Living Increases
11.1.1 Effective July 1, 2005, each employee shall receive a cost of living increase in the base monthly
salary of 5%.
11.1.2 Effective July 1, 2006, each employee shall receive a cost of living increase in base monthly
salary of 4%.
11.1.3 Effective July 1, 2007, each employee shall receive a cost of living increase in base monthly
salary of 4%.
11.1.4 Effective July 1, 2008, each employee shall receive a cost of living increase in base monthly
salary of 4.5%
11.1.5 Effective July 1, 2009 each employee shall receive a cost of living increase in base monthly salary
of 4%.
11.2. Automatic Payroll Deposit
The City will continue to offer Automatic Payroll Deposit in cooperation with any bank that utilizes the Automated
Clearing House service.
11.3 The Association and the City agree to reopen the contract for discussion regarding salary on July 1, 2008
12. ADDITIONAL COMPENSATION/PREMIUM PAY
12.1. Acting Pay
An employee who is temporarily assigned with prior approval of the department head the duties of a position in a
higher class for a period of more than 40 consecutive working hours shall be paid at the lowest range for the
higher level class which provides at least a 5% increase but which does not exceed the top step of the range for
the higher class. An employee who meets the forty hour requirement shall be paid at the higher rate from the first
day of the temporary assignment.
An employee shall not continue acting in a temporary assignment for more than 90 working days in any fiscal
year.
An employee otherwise eligible for acting pay shall not be eligible during scheduled periods of Vacation Leave or
when on Sick Leave.
MEMORANDOM OF UNDERSTANDING, APWEA, AUGUST 1, 2005 THROUGH JULY 31, 2009
The City shall not repeatedly assign employees to a position in a higher class for periods less than 40 consecutive
working hours in a manner which, as a practical matter, precludes employees from being paid at a higher rate.
Moreover, the City affirms that it shall not use the repeated scheduling of employees to work in a position in a
higher class for less than 40 consecutive working hours principally as a cost-saving measure.
12.2. Bilingual Pay
The City shall pay an additional $100 per month to personnel demonstrating a proficiency in the Spanish
language if they are 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 Union.
Employees may apply for bilingual pay at any time; however, examinations shall be conducted semi-annually.
12.3. Callback
If an employee is required to be called back to work after completing his or her normal shift or after having
left City premises or the employee's work location, the employee shall be compensated at the appropriate
rate for each hour worked on Callback with a minimum of (2) hours Callback compensation at the
appropriate rate, regardless of whether the employee actually works less than two (2) hours. This
provision shall be applicable to an employee even though the employee's regular work week is not
complete but shall not apply to an employee who is continuing on duty for his/her normal work shift. For
the purposes of this section only, the time starts when the Callback call is received by the employee.
12.3.1 Appropriate Rate of Pay for Callback
The rate of pay for the first Callback during a twenty-four (24) hour period (defined for this section only as
4:00 p.m. to 4:00 p.m. the next calendar day) shall be at one and one-half (1'/2) times the normal rate of
pay, except between 12 midnight and 5 a.m., when the first call shall be compensated at double-time (2)
rate. All other Call backs during the same twenty-four (24) hour period as defined above shall be
compensated at the double-time (2) rate. Call backs may be entered as overtime or as compensatory
time off within applicable limits.
In the event that an employee is summoned to work before four o'clock (4 a.m.) in the morning he or she
shall be compensated at two (2) times the normal rate of pay until either he or she has a six hour rest
period.
In the event that an employee is summoned to work between 4 a.m. and 5 a.m. and is required to
continue to work, he or she shall be compensated one and one-half (1 1/2) times the regular rate of pay
for all work performed after 5 a.m. until he or she has a six (6) hour rest period.
All hours worked in excess of twelve (12) consecutive hours shall be compensated at two (2) times the
normal rate until the employee has a six (6) -hour break.
12.4. Deferred Compensation (Employer Paid)
The City shall provide $45 per month in deferred compensation to each employee. The employee may opt, once
annually on January 1, as to the investment option to be credited.
MEMORANDOM OF UNDERSTANDING, APWEA, AUGUST 1, 2005 THROUGH JULY 31, 2009
12.5. Equipment Allowance
The City agrees to provide a personal equipment allowance of two hundred ($200) per authorized employee in
the classifications listed below for up to two (2) pairs of safety shoes/boots or garments per year as required by
the department head. Those members of the bargaining unit who are employed less than the fiscal year shall
have their boot allowance prorated:
Facilities Maintenance Supervisor
Facilities Maintenance Worker I
Facilities Maintenance Worker II
Facilities Maintenance Worker III
Street Maintenance Crew Supervisor
Street Maintenance Supervisor
Street Maintenance Worker I
Street Maintenance Worker II
Street Maintenance Worker III
12.6. Longevity Premium
The monthly longevity pay for employees shall be in accordance with the following schedule.
10 yrs = $85
15 yrs = $175
20 yrs = $250
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.
12.7. Overtime/Compensatory Time
Employees shall be entitled to overtime pay or compensatory time off for all hours worked in excess of ten (10)
hours in one work day or forty (40) hours within the employee's regular work week. For the purposes of this
agreement, holiday pay, Sick Leave, and other compensated time off shall count for the hours. Compensatory
time may be accumulated at the appropriate rate for each hour of overtime worked to the maximum accrual rate
set by Federal law.
Overtime pay or compensatory time off for overtime pay shall be accumulated in no less than fifteen minutes per
day increments. Subject to section 10.3, 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 Manager. Accumulated compensatory time not taken off in the pay
period in which it was earned, may be carried over to a maximum of one hundred sixty (160) hours (106.66 hours
worked at time -and -one-half would equal 160 hours).
12.7.1 Overtime Meal Policy
12.7.1.1. 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 nine dollars for each such
period.
MEMORANDOM OF UNDERSTANDING, APWEA, AUGUST 1, 2005 THROUGH JULY 31, 2009
12.7.1.2. 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 everyfour (4) hours or a meal reimbursement
of nine dollars ($9) for each such four (4) hour period.
12.7.1.3. 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, he or she 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 nine dollars ($9) for each such
four (4) hour period.
12.8. Night Shift Differential
An employee whose regular shift commences between the hours of 9 p.m. and 2 a.m. shall receive an
additional$1 per hour for hours worked on that shift
12.9.. Paint Crew
Any employee assigned to the paint crew in the Street Maintenance Division of Public Works who is scheduled to
work after 12 o'clock midnight will receive an additional twenty-five cents ($0.25) per hour for each. hour worked
after that time. This additional pay constitutes premium pay and is not to be considered as a part of the
employee's base salary.
12.10. Standby
12.10.1. Definition
An employee shall receive Standby Pay when he or she is required to be available for work for twenty-four
(24) hours a day on seven (7) consecutive days.
12.10.2. Standby Pay
The City agrees to pay time and one-half (1'/2) for Standby time with a minimum of two (2) hours per day,
which will result in three (3) hours of regular pay. The hours shall be entered on time sheets as Premium
Standby.
12.10.3. Qualifications
The Department Head shall determine which employees are qualified for Standby assignment. If an
Employee cannot serve on Standby due to insufficient practical knowledge, the Department Head shall
make an alternate assignment.
Standby assignment shall apply to those employees whose domicile is close enough to Azusa to permit
them to respond to a call out in one-half ('/2) hour or less. Employees shall serve on a rotating basis.
12.10.4. Vehicle Assignment
The City agrees to provide a City vehicle to each employee on Standby. The assigned Standbyvehicle
shall not be used for personal business.
12.11. Uniform Allowance
MEMORANDOM OF UNDERSTANDING, APWEA, AUGUST 1, 2005 THROUGH JULY 31, 2009
Unit 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.
12.12. Weekend Assignment
Within certain departments there may exist a need for certain employees to work a scheduled four (4)
consecutive day forty (40) hour workweek which includes Saturday and/or Sunday. Any employees so assigned
shall receive an additional One Dollar ($1.00) per hour for those hours worked on Saturday or Sunday or both if
included within their forty (40) hour work week. This additional pay constitutes premium pay, and is not to be
considered as part of the employee's base salary.
13. COMPUTER LOAN PROGRAM
13.1. 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.
13.2. The equipment configuration shall be appropriate to the employee's position and career with the City.
13.3. 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 approvalro for to purchase.
13.4. 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.
13.5. 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.
14. DAMAGE TO PERSONAL EFFECTS
If, in the course of business, personal clothing or effects of employees who are regularly assigned to work in an office
is accidentally damaged or destroyed, the employee may submit a claim for reimbursement up to one hundred dollars
($100) to the department head or his/her designee. The committee shall have the authority to investigate the claim
and recommend to the. City Manager, or his/her 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.
15. EMPLOYEE ASSISTANCE PLAN
The City will continue to maintain the Employee Assistance Plan
16. FLEXIBLE BENEFIT PLAN
16.1. Definition
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MEMORANDOM OF UNDERSTANDING, APWEA, AUGUST 1, 2005 THROUGH JULY 31, 2009
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.
16.2. Amount of Monthly Benefit
Effective January 1, 2006, the City will maintain the Flexible Benefit Plan at nine hundred thirty nine per month
for each employee. 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.
16.2.1. Increases
16.2.1.1 Effective January 1, 2007, 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 CalPERS insurance program,
not to exceed 8 percent.
16.2.1.2 Effective January 1, 2008, 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 CalPERS insurance program,
not to exceed 8 percent.
16.2.1.3 Effective January 1, 2009, 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.
16.3. 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.
16.4. 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 Union wishes to continue his/her qualified benefits,
advance payment for such qualified benefits will be deducted from the employee's final pay.
17. LEAVE TYPES
17.1. 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 Leave. In addition to Bereavement Leave, an
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MEMORANDOM OF UNDERSTANDING, APWEA, AUGUST 1, 2005 THROUGH JULY 31, 2009
employee may request up to two (2) days of Sick Leave in the event of the death of an immediate family
member. Such leave shall be charged against the employee's accrued Sick Leave balance and shall be
considered in calculating his or her ability to convert the balance.
Bereavement Leave for close personal relationships other than listed relationships may be approved by
Department Head and Director of Human Resources.
17.2. Holidays
17.2.1. 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 holidays shall be observed are listed below
Holiday Schedule
Month
2005
2006 ,,
2006
;2007
2007
2008
2008
2009 ;
2009
_:; 2010 .'
Independence Day
July
4
4
7*
6*
Labor Day
Sept
4*
3*
1*
Columbus Day
Oct
9*
8*
13*
Veteran's Day
Nov
13*
12*
11
Thanksgiving Day
Nov
23
22
27
Christmas Day
Dec
25*
25
25
New Year's Day
Jan
2*
1
1
1
Martin Luther King Day
Jan
16*
15*
21*
19*
President's Day
Feb
20*
19*
18*
16*
Memorial Day
May
29*
28*
26*
25*
- Monday
17.2.2. Floating Holidays
The City and the Union 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.
17.3. Industrial Leave
A regular employee who is temporarily or permanently incapacitated as a result of injury or illness determined to
be compensable under the Workers' Compensation Act shall be granted industrial leave under the following
terms and conditions:
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MEMORANDOM OF UNDERSTANDING, APWEA, AUGUST 1, 2005 THROUGH JULY 31, 2009
17.3.1 An employee granted industrial leave shall continue to be compensated at the employee's regular
rate of pay in lieu of temporary disability payments.
17.3.2 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 Section 17.3.1. above.
17.3.3 An industrial leave of up to ninety (90) calendar days shall be authorized for each injuryor illness
determined to be compensable under the Workers' Compensation Act. Paid leave may be
continued subject to review by the City Council at the end of such ninety (90) calendar day period
to a maximum of six (6) months. Supporting medical documentation must accompany such
requests for leave and be submitted thirty (30) days prior to expiration date.
17.3.4 After 90 calendar days
Employees who are disabled because of a work related illness or injury receive Industrial Leave pay in
lieu of Total Temporary Disability payments and may supplement these payments with sick leave,
vacation leave or compensatory time off they have earned. If deemed temporarily totally disabled or
permanently disabled and unable to return to work, employees may apply for Long Term Disability.
17.3.5 Prior to the end of the six (6) months of paid leave pursuant to this section, the employee may
apply for benefits under the City's long-term disability plan. If the employee is qualified to receive
benefits under the disability plan, Vacation Leave and Sick Leave shall accrue, and the City shall
continue to pay benefits under the City's Flexible Benefit Plan and CalPERS so far as required by
law for such employee for an additional six (6) month period. An employee receiving long-term
disability may be eligible to return to work on or before six (6) months from the time employee
began receiving long-term disability benefits. The employee shall notify the department head as
soon as practicable as to whether he or she will be returning to work prior to the expiration of the
six-month period in which the employee has been on long term disability.
17.3.6 Except as provided in 17.3.1. and 17.3.4 above, no employee shall have accrued Sick Leave
deducted while on industrial leave. Vacation Leave and Sick Leave shall accrue for an
employee on industrial leave.
17.3.7 Industrial leave shall expire when one of the following conditions occurs
17.3.7.1 Employee is able to return to work to his/her regular position.
17.3.7.2 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:
17.3.7.2.1 The employee's condition is determined to be permanent or of an
extended duration.
17.3.7.2.2 The degree of disability precludes continued employment by the employee in his/her
present position.
17.3.7.3 After twenty-six (26) weeks of industrial disability payments.
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MEMORANDOM OF UNDERSTANDING, APWEA, AUGUST 1, 2005 THROUGH JULY 31, 2009
17.3.8 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.)
17.4. 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.
A yearly evaluation period for the use of Sick Leave was established beginning on the first payday on or after
January. At the end of the time period, the Finance Department will analyze and report to the various employees
the amount of Sick Leave earned, less the amount used, and the net accrued during the calendar year.
17.4.1. Reasons for Use of Sick Leave
Sick Leave shall be granted for the following reasons:
17.4.1.1 Personal illness or physical incapacity.
17.4.1.2 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.
17.4.1.3 Enforced quarantine of the employee in accordance with Health Department
regulations.
17.4.1.4 Medical, dental, and optical appointments.
17.4.1.5 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. Employees must provide
advance notice for Personal Business Leave whenever possible. 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
Leave shall be debited against the employee's Sick Leave balance but Sick Leave
taken as Personal Business Leave shall not be taken into consideration for the
purposes of the Sick Leave cash -In program or with regard to employee performance
evaluations.
17.4.2. Restrictions on Sick Leave
17.4.2.1 Disability arising from any sickness or injury purposely self-inflicted.
17.4.2.2 Sickness or disability sustained while on leave of absence, other than regular Vacation
Leave.
17.4.2.3 Disability or illness arising from compensated employment other than with the City.
17.4.2.4 Sick Leave use under Section 17.1.2. shall be limited to twelve days per year; except
that up to twelve weeks per year (running concurrently with Family Medical/CFRA
Leave) may be approved by the department head when treatment of a relative covered
under Section 17.1.2 has an illness, injury, or condition, which may be expected to be
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MEMORANDOM OF UNDERSTANDING, APWEA, AUGUST 1, 2005 THROUGH JULY 31, 2009
of long duration, has no reasonably date of termination and requires continuous or
intermittent care by the employee.
17.4.3. 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.
17.4.4. Probationary Employee Sick Leave Usage
If the employees does not become permanent, all paid Sick Leave must be reimbursed to the City or
deducted from the employee's final paycheck.
17.4.5. 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.
17.4.6. One -Fourth Conversion
If the employee has used more than three, but not more than six, days of Sick Leave, not including time
spent on personal business or bereavement, he or she will have the fallowing options:
17.4.6.1 Carry over the accrual and add it to his or her Sick Leave balance.
17.4.6.2 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.
17.4.7. One -Third Conversion
If the employee has used no more than three days of Sick Leave, not including time spent on personal
business or bereavement, he or she will have the following options:
17.4.7.1 Carry over the accrual and add it to his or her Sick Leave balance.
17.4.7.2 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.
17.4.8. 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 the employee may convert fifty percent (50%) of his or her accrued
Sick Leave balance to cash for hours in excess of three hundred twenty (320) hours to a maximum
payment of two hundred forty (240) hours.
17.4.9. Conversion to Service Credit Upon Retirement
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MEMORANDOM OF UNDERSTANDING, APWEA, AUGUST 1, 2005 THROUGH JULY 31, 2009
Pursuant to the terms of the City's contract, as amended, with the 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 17.4.8 to retirement service credit.
17.4.10. Conversion Deadline
A decision to convert Sick Leave according to the policies stated shall be made by March 31 each
calendar year.
17.5. Vacation
17.5.1. Required Usage and Carryover
An employee shall be required to use one half (Y=) of his/her annual vacation accrual yearly and shall be
able to carry over one half ('/�) 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. Vacation accrual in
excess of the aforementioned maximum shall be paid off in four equal annual payments during the term
of the MOU; and future accrual which exceeds the aforementioned maximum, shall be paid to the
employee as it is accrued. 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. The employee may direct the
payoff amount to his or her deferred compensation plan within applicable legal limits.
17.5.2. Cash -In Policy
With the approval of the Department Head or City Manager, an employee may convert into pay accrued
vacation in excess of 50% of his or her annual accrual.
17.5.3 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 11 th 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
18. LICENSE RENEWAL
The City agrees to pay the cost of maintaining certification and licenses that are within the minimum requirements for.
the licensee's job.
19. LIFE INSURANCE
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MEMORANDOM OF UNDERSTANDING, APWEA, AUGUST 1, 2005 THROUGH JULY 31, 2009
The City shall provide term life insurance equal to eighteen months of salary or $30,000; whichever is greater,
excluding overtime, standby, callback and other forms of supplemental compensation, for each employee.
20. LONG TERM DISABILITY INSURANCE
t
The City shall maintain in effect for the term of this agreement a long-term disability plan covering employees set
forth herein. Said plan shall provide an employee with a maximum of two-thirds L) of his/her base salary. An
employee may utilize his/her accrued Sick Leave, vacation, and/or compensatory time to supplement the LTD
payment so as to receive 100% of his/her base salary. The LTD plan includes the following:
20.1. Provides 66.67% of the employee's monthly salary;
20.2. Commences after a 30 calendar day waiting period and provides a benefit to age 65;
20.3. For the first 30 days of non job related illness or injury, the employee will use accrued Sick Leave,
compensatory time or Vacation Leave;
20.4 The employee will be allowed to use accrued Sick Leave in conjunction with the long term disability plan
to provide for a full pay check;
20.5 At no time will an employee receive more than 100% of his or her base pay;
20.6 The premium will be added to the employee's gross pay and deducted from the net pay so as to make the
benefits exempt from further taxation.
21. RETIREMENT
The City shall continue its contract with the California Public Employees' Retirement System (CaIPERS) for 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.
21.1 Optional Benefits
21.1.1 The optional benefit of Two Year Additional Service Credit shall be discretionary with Council in
accordance with Government Code Section 20903.
21.1.2 The City's contract with the CaIPERS includes the optional benefit of Employer -paid Member
Contribution in Base Pay During the Final Compensation Period.
21.1.3 The City's contract with CaIPERS includes the optional benefit of Service Credit for Unused Sick
Leave.
21.1.4. CaIPERS Service Credit for Military Service.
The CaIPERS Military Service Credit Purchase Assistance Plan described below shall be made
F available to full time regular employees who have completed his or her initial probation period with
the City.
The City's contract with CaIPERS includes the provisions of Section 21024, Military Service Credit
as Public Service. Accordingly, eligible employees with qualifying military service can contact
CaIPERS and arrange to be billed for the service credit. The City shall reimburse the employee for
25% of the amountof the bill. Eligibility for the 25% reimbursement is limited to employees who are
on the payroll on 7/1/95.
MEMORANDOM OF UNDERSTANDING, APWEA, AUGUST 1, 2005 THROUGH JULY 31, 2009
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.
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 attorneys fees in any restitution
process.
21.1.5 If the CalPERS law is amended to allow a 2% @ 50 or 2'/z% @ 55 formula for Miscellaneous
employees, the City agrees to meet and confer with the Union. The City's agreement to meet and
confer under this provision is only an agreement to explore the possibility of adoption of said
formulas and does not constitute an agreement or commitment to adopt said formulas.
City also 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.
21.2 Effective July 1, 2006 the retirement formula will be adjusted to reflect an additional .5% to the
current formula of 2.0% per year of service at 55 years of age. This enhancement will provide for a
retirement formula of 2.5% per year of service for anyone retiring at 55 years of age or older. All
prior years of service will count toward the computation. Employees will contribute 4% toward the
cost of this program with the City contributing an additional 1%. This additional benefit will be
provided through the Public Agency Retirement System (PARS).
21.3. Health Insurance During Retirement
Beginning with the first month after retirement, for Union employees who had at least twenty (20) years of service
with the City of Azusa, and who enroll or continue in the City's health insurance program, the City will reimburse
monthly to the employee the amount of one-half ('/z) of the premiums for such health insurance, regardless of
how many family members are enrolled. In the event that the employee is single or widowed, and has no
dependents, the Citys contribution shall be equal to 100% of such premium. In the event that the employee
passes away and is survived by an eligible spouse, the benefit shall continue. But, if the employee passes away
and has no surviving spouse the benefit shall not carryover to the surviving dependents. This plan shall remain in
effect until the retiree, or eligible spouse, passes away, whichever occurs later. Otherwise the benefit shall
terminate. Once an individual has qualified for this provision, he or she shall retain this eligibility. The minimum
contribution (currently $16 per month) that the City pays directly to CaIPERS shall be considered to be part of the
portion paid by the City.
22. TUITION REIMBURSEMENT
22.1. Objective
The tuition reimbursement program is designed to encourage employees to continue his or her self -development
by enrolling in approved classroom courses which will:
22.1.1. Educate them in new concepts and methods in his or her occupational field and prepare them to
meet the changing demands of his or her job.
22.1.2. Help prepare them for advancement to positions of greater responsibility in the City of Azusa.
fit-]
MEMORANDOM OF UNDERSTANDING, APWEA, AUGUST 1, 2005 THROUGH JULY 31, 2009
22.2. Eligibility
22.2.1. 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 be job-related college or university courses when the specification for the
classification calls for high school graduation.
22.2.2. Courses must be (except where noted below in paragraphs 22.3.3. and 22.3.4.) 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.
22.2.3. Course work 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.
22.3. Courses may be eligible if they:
22.3.1. 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.
22.3.2. Do not duplicate training which the employee has already had or which is to be provided in-house.
22.3.3. Do not duplicate previously taken courses unless special approval has been granted by the
department head and the Human Resources Division.
22.3.4. 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.
22.3.5. 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.
22.3.6. Lead to a City -approved certificate, license or registration. Reimbursement maybe made for any
examination fees required to successfully obtain the certificate, license or registration.
Reimbursement for eligible expenses will be made after obtaining the license, certificate or
registration.
22.3.7. Are not taken on City time and must be certified that they are taken on the employee's off-duty
time.
22.3.8. Have been approved by the Department Head and the City Manager or his/her designee before
commencement of the class.
22.4. Reimbursement
22.4.1. 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.
19
MEMORANDOM OF UNDERSTANDING, APWEA, AUGUST 1, 2005 THROUGH JULY 31, 2009
22.4.2. Employees shall be reimbursed up to the dollar amount charged forthe same number of units per
term by California State University system.
22.4.3. In order to be reviewed, each application must state exactlywhich units or credits the employee is
applying for and whether the courses submitted are core courses or recommended electives for
the approved major.
22.4.4. 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.
22.4.5. Employees must submit from the attendant institution an original certification of fees paid and
grade achieved in order to have his or her application considered for reimbursement. These
documents must accompany the reimbursement application form in order to be processed.
22.4.6. Application for reimbursement must be submitted within three months of the completion of the
approved course in order to be considered for reimbursement.
22.4.7. 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.
23. FLEXIBLE. STAFFING POSITIONS
The following classifications shall be incorporated into a "Flexible Staffing" pattern.
Facilities Maintenance Worker I, II, III
Street Maintenance Worker I, II, III
The first level classifications are apprentice classifications. Employees in these classifications shall be promoted (on
probationary status) to the second level classifications, respectively, upon successful completion of one (1) year of
service at the fifth (5th) salary step. If the series includes a third level, the second level classifications shall be
promoted (on probationary status) to the third level classifications, respectively, upon successful completion of one (1)
year of service at the fifth (5th) salary step and when, in the opinion of the Department Head, the employee has
retained the practical knowledge of the performance of all facets of the duties required of the third level classification.
In the event that the employee is not promoted as described above, he or she shall be presented in writing the
reason(s) for the denial of the promotion, and a list of the area(s) of which the employee has insufficient knowledge to
achieve the promotion. Nothing in this article shall preclude management from promoting qualified employees to a
higher step/classification in his or her flex series.
24. 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
25. LAY OFF
20
MEMORANDOM OF UNDERSTANDING, APWEA, AUGUST 1, 2005 THROUGH JULY 31, 2009
The City agrees that in the event employees represented by the Union are laid off from his or her employment, a
minimum of forty-five (45) calendar days notice will be given to each individual affected employee. Such notice shall
be in writing and signed by an appropriate management employee.
21
MEMORANDUM OF UNDERSTANDING
AZUSA PUBLIC WORKS EMPLOYEES ASSOCIATION
AUGUST 1, 2005 THROUGH JULY 31, 2009
AZUSA PUBLIC WORKS EMPLOYEES ASSOCIATION
George Dubois, Shop Steward Date
Angel Toledo, Assistant Shop Steward Date
CITY OF AZUSA
F. M. Delach, City Manager Date
Sonia Carvalho, Best Best & Krieger Date
Alan Kreimeier, Administrative Services Director/Chief Finance Officer Date
Cathy A. Hanson, Director of Human Resources Date
INDEX
Acting Pay (6)
Additional Compensation/premium Pay (6)
Automatic Payroll Deposit (6)
Bereavement Leave (12)
Bilingual Pay (7)
Callback (7)
City Rights (3)
Conformance with Rules (5)
Meet and Confer (5)
Compensatory Time (8)
Computer Loan Program (10)
Cost of Living Increases (6)
Damage to Personal Effects (10)
Deferred Compensation (Employer Paid) (8)
Dues Deductions & Maintenance of Membership (3)
Indemnification (3)
Employee Assistance Plan (11)
Equipment Allowance (8)
Flexible Benefit Plan (11)
Amount of Monthly Benefit (11)
Eligibility (11)
Increases (11)
Termination (11)
Flexible Staffing Positions (20)
Floating Holidays (12)
Health Insurance During Retirement (18)
Holidays (12)
Implementation (2)
t Industrial Leave (13)
Lay off (20)
Leave Types (12)
License Renewal (16)
Life Insurance (16)
Long Term Disability Insurance (17)
Longevity Premium (8)
Maintenance of Existing Benefits (5)
Maintenance of Membership (3)
Night Shift Differential (9)
Non-discrimination (3)
Anti -discrimination (3)
Protection of Rights (3)
Overtime Meal Policy (9)
Overtime/compensatory Time (8)
Paint Crew (9)
Retirement (17)
Health Insurance During Retirement (18)
Optional Benefits (17)
Salary (6)
Cost of Living Increases (6)
Savings Clause (2)
'Separability (5)
€ Sick Leave (14)
Accrual and Use (15)
Conversion Deadline (16)
Conversion to Cash upon Retirement or Separation (15)
Conversion to Service Credit upon Retirement (15)
One-fourth Conversion (15)
One-third Conversion (15)
Probationary Employee Sick Leave Usage (15)
Reasons for Use of Sick Leave (14)
Restrictions on Sick Leave (14)
Sick Leave During Vacation (15)
Standby (9)
Term of Memorandum of Understanding (2)
Timekeeping Interval (6)
Total Compensation (2)
Tuition Reimbursement (18)
Eligibility (18)
Eligible Courses (19)
Objective (18)
Reimbursement (19)
Uniform Allowance (10)
Vacation (16)
Cash -in Policy (16)
Required Usage and Carryover (16)
Weekend Assignment (10)
Workday (6)
Workweek (5)
Workweek and Timekeeping Interval (5)