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HomeMy WebLinkAboutResolution No. 11-C02RESOLUTION NO. 1 I -C2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE AZUSA CITY EMPLOYEES ASSOCIATION EFFECTIVE JULY 1, 2010 THROUGH JUNE 30, 2011 WHEREAS, the City Council acknowledges the Azusa City Employees 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 City Employees Association (ACEA), and WHEREAS, the Memorandum between the City of Azusa and the ACEA expired June 30, 2010, 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 ACEA have met on numerous occasions during the last 7 months and have discussed the issues between them and have bargained in good faith, and WHEREAS, management and ACEA have come to an agreement with regard to every issue, and WHEREAS, the new Memorandum of Understanding between the City of Azusa and the ACEA covering the period of July 1, 2010 through June 30, 2011 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. APPROVED AND PASSED this 4`h day of January, 2011. oseph R. Rocha, Mayor 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 4 day of January, 2011. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, HANKS, MACIAS, ROCHA NOES ABSENT: COUNCILMEMBERS:NONE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AZUSA AND THE AZUSA CITY EMPLOYEES ASSOCIATION EFFECTIVE JULY 1, 2010 THROUGH JUNE 30, 2011 TABLE OF CONTENTS 1. TERM OF MEMORANDUM OF UNDERSTANDING............................................................................. 1 2. MAINTENANCE OF EXISTING BENEFITS............................................................................................ 1 3. SAVINGS CLAUSE............................................................................................... ..............................1 4. TOTAL COMPENSATION...................................................................................................................... 1 5. SEPARABILITY......................................................................................................................................1 6. IMPLEMENTATION................................................................................................................................ 2 7. NON-DISCRIMINATION.........................................................................................................................2 8. CITY RIGHTS......................................................................................................................................... 2 9. WORKWEEK AND TIMEKEEPING INTERVAL...................................................................................... 3 10. SALARY................................................................................................................................................. 4 11. ADDITIONAL COMPENSATION/ PREMIUM PAY............................................................................... 5 11.1. Acting Pay................................................................................................................................. 5 11.2. Bilingual Pay.............................................................................................................................. 5 11.3. Callback.....................................................................................................................................5 11.4. Deferred Compensation (Employer Paid)................................................................................. 6 11.5. Equipment Allowance................................................................................................................6 11.6. Longevity Premium.................................................................................................................... 6 11.7. Overt! me/Compe nsatory Time.................................................................................................. 6 11.7.1. Overtime Meal Policy................................................................................................... 7 11.8. Paint Crew.................................................................................................................................7 11.9. Standby Pay.............................................................................................................................. 7 11.10. Uniform Allowance..................................................................................................................... 8 11.11. Weekend Assignment.....................................................................................................:......... 8 12. COMPUTER LOAN PROGRAM............................................................................................................ 8 13. DAMAGE TO PERSONAL EFFECTS ................................ ......... ........................................................... 8 14. EMPLOYEE ASSISTANCE PLAN......................................................................................................... 9 15. FLEXIBLE BENEFIT PLAN.................................................................................................................... 9 16. LEAVE TYPES..................................................................................................................................... 10 16.1. Bereavement Leave................................................................................................................ 10 16.2. Holidays...................................................................................................................................10 16.3. Industrial Leave....................................................................................................................... 11 16.4. Sick Leave............................................................................................................................... 12 16.5. Vacation...................................................................................................................................14 17. LICENSE RENEWAL........................................................................................................................... 15 18. LIFE INSURANCE................................................................................................................................ 15 19. LONGTERM DISABILITY INSURANCE..............................................................:............................... 15 20. RETIREMENT......................................................................................................................................15 1' 21. TUITION REIMBURSEMENT.............................................................................................................. 17 22. FLEXIBLE STAFFING POSITIONS..................................................................................................... 18 23. JOB SHARING..................................................................................................................................... 19 24. LAYOFF ............................................................................................................................................... 20 K MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AZUSA AND THE AZUSA CITY EMPLOYEES ASSOCIATION July 1, 2010 THROUGH June 30, 2011 This Memorandum of Understanding is entered into with reference to the following facts: (1) The Azusa City Employees Association (ACEA) (hereinafter referred to as "Association") is the recognized employee organization representing those personnel (hereinafter referred to as "employees") employed by the various departments of the City of Azusa (hereinafter referred to as "City"), and occupying the classifications as listed in Exhibits 'A" attached hereto; (2) in the interest of maintaining harmonious relations between the City and those employees represented by the Association, authorized representatives of the City and the Association have met and conferred in good faith, exchanging various proposals concerning wages, hours and otherterms and conditions of employment to affected employees; and (3) The authorized representatives of the City and the Association have reached an understanding and agreement as to certain changes in wages, hours and other terms and conditions of employment of the affected employees which shall be submitted to the City Council of the City for approval and implementation of these changes by appropriate ordinance, resolution, or other lawful action. Therefore, the City and the Association agree that, subject to approval and implementation by the City Council of the City, the wages, hours and other terms and conditions of employment for all affected employees shall be altered as follows: 1. TERM OF MEMORANDUM OF UNDERSTANDING The term of this Memorandum of Understanding (MOU) shall commence July 1, 2010, and shall continue in full force and effect until June 30, 2011. 2. 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. 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 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. 5. 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. MEMORANDUM OF UNDERSTANDING, ACEA, JULY 1, 2010 THRU JUNE 30, 2011 6. IMPLEMENTATION This Memorandum of Understanding 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. 7. NON-DISCRIMINATION 7.1. Protection of Rights The parties mutually recognize and agree to protect the rights of all employees hereby to join and/or participate in protected Association activities or to refrain from joining or participating in protected activities in accordance with Government Code Section 3500, et sec. 7.2. 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. 8. CITY RIGHTS 8.1. 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: 8.1.1 To manage the City generally and to determine the issues of policy. 8.1.2 To determine the existence or nonexistence of facts which are the basis of the Management decision. 8.1.3 To determine the necessity and organization of any service or activity conducted by the City and expand or diminish services. 8.1.4 To determine the nature, manner, means and technology, and extent of services to be provided to the public. 8.1.5 To determine methods of financing. 8.1.6 To determine types of equipment or technology to be used. 8.1.7 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. 8.1.8 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. 8.1.9 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. MEMORANDUM OF UNDERSTANDING, ACEA, JULY 1, 2010 THRU JUNE 30, 2011 8.1.10 To relieve employees from duties for lack of funds or lack of work or similar nondisciplinary reasons. 8.1.11 To establish and modify productivity and performance programs and standards. 8.1.12 To discharge, suspend, demote or otherwise discipline employees for proper cause. 8.1.13 To determine job classification and to reclassify employees. 8.1.14 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. 8.1.15 To determine policies, procedures and standards for selection, training and promotion of employees. 8.1.16 To establish employee performance standards including, but not limited to, quality and quantity standards and to require compliance therewith. 8.1.17 To maintain order and efficiency in its facilities and operation. 8.1.18 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. 8.1.19 To take any and all necessary action to carry out the mission of the City in emergencies. 8.2. Conformance with Rules The City shall have the right to exercise the rights provided in sections 8.1.9 through 8.1.16 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. 8.3. 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. 9. WORKWEEK AND TIMEKEEPING INTERVAL 9.1. Workweek The regular workweek for all employees covered by this document shall be forty (40) hours for a seven (7) day period beginning at 12:01 a.m. each Sunday and 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. 9.1.1 Notwithstanding 9.1, 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. 9.1.2 Employees required to work a 5/8 schedule due to City operational needs, may be eligible for an additional 8 hours of floating holiday time if the department Director with City Manager MEMORANDUM OF UNDERSTANDING, ACEA, JULY 1, 2010 THRU JUNE 30, 2011 approval chooses to close the department the day after a designated holiday and it is one of the employees scheduled work days. For example, the library is traditionally closed on Thanksgiving Day, a City designated holiday. The Director may choose with City Manager approval to close the library on the following Friday. If an employee's regularly scheduled shift would require them to work the Friday, the employee will receive 8 hours of floating holiday pay for that day. Employees choosing to work a M -F schedule are not eligible for the extra floating holiday. 9.2. Workday Except as provided in 9.1.1, the workday will consist of ten and one half (10%) hours with one-half ('/1) 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. 9.3. 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. 10. SALARY The current base monthly salaries of employees in the unit covered by this MOU are set forth in "Exhibit A." 10.1 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. ADDITIONAL COMPENSATION/ PREMIUM PAY 11.1. Acting Pay An employee, assigned the full responsibility and decision making authority of a higher classification shall be paid (from the first day of the assignment), at the lowest step of the pay range for the higher classification that provides at least a 5% increase but does not exceed the top step of the range for the higher classification. An employee assigned the majority of the work fora higher classification fora period in excess of 80 consecutive work hours shall be paid, following the 801" hour of the assignment, at the lowest step of the pay range for the higher classification that provides at least a 5% increase but does not exceed the top step of the range for the higher classification. An employee may decline the assignment to a higher classification. 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 or when on sick leave. MEMORANDUM OF UNDERSTANDING, ACEA, JULY 1, 2010 THRU JUNE 30, 2011 11.2. 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 Association. Employees may apply for bilingual pay at any time; however, examinations shall be conducted semi-annually, If the registrar of voters requires that ballots be issued for the local area for languages other than Spanish, employees with skill in those languages will be considered by the City Manager for compensation under this section. 11.3. 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. 11.3.1 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 beat one and one-half (1%) 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. 11.4. Deferred Compensation (Employer Paid) The City shall provide $45 per month in deferred compensation to each employee 11.5. Equipment Allowance The City shall provide a personal Equipment Allowance of two hundred ten dollars ($210) per authorized employee in the classifications listed below for up to two (2) pairs of safety shoes/boots or garment per year as required by the department head. Those members of the association who are employed less than the fiscal year shall have their Equipment Allowance prorated: MEMORANDUM OF UNDERSTANDING, ACEA, JULY 1, 2010 THRU JUNE 30, 2011 Building Inspector . Building Technician Business Resource Officer Community Improvement Inspector Engineering Associate Engineering Assistant Engineering Technician Park Maintenance Crew Supervisor Park Maintenance Supervisor Park Maintenance Worker I Park Maintenance Worker 11 Park Maintenance Worker III Purchasing Assistant Senior Plans Examiner Urban Forester 11.6. 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. 11.7. 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 workday or forty (40) hours within the employee's regular workweek. 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. 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). MEMORANDUM OF UNDERSTANDING, ACEA, JULY 1, 2010 THRU JUNE 30, 2011 11.7.1. Overtime Meal Policy 11.7.1.1 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. 11.7.1.2 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 every four (4) hours or a meal reimbursement of nine dollars ($9) for each such four (4) hour period. 11.7.1.3 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. 11.8. Paint Crew Any employee assigned to the paint crew in the Street Maintenance Division of Public Workswho 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. 11.9. Standby Pay 11.9.1. 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. 11.9.2. Standby Pay The City agrees to pay time and one-half (1'/) 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. 11.9.3. 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 (%) hour or less. Employees shall serve on a rotating basis. 11.9.4. Vehicle Assignment The City agrees to provide an equipped vehicle to one employee for each department that has employees on Standby. If more than one employee is on Standby at the same time, the vehicle shall be assigned to MEMORANDUM OF UNDERSTANDING, ACEA, JULY 1, 2010 THRU JUNE 30, 2011 the employee whose domicile is geographically closest to the City's Corporation Yard. The assigned standby vehicle shall not be used for personal business. 11.10. Uniform Allowance 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. 11.11. 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. 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 prior 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. Loanpayments 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 office employee's personal clothing oreffects 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 or her designee, who shall have the authority to investigate the claim and recommend to the City Manager, or his or 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. 14. EMPLOYEE ASSISTANCE PLAN The City will continue to maintain the Employee Assistance Plan. MEMORANDUM OF UNDERSTANDING, ACEA, JULY 1, 2010 THRU JUNE 30, 2011 15. FLEXIBLE BENEFIT PLAN 15.1. 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. 15.2. Amount of Monthly Benefit As of January 1, 2010, the Flexible Benefit Plan amount is one thousand two hundred twenty fourdollars $1224. Effective July 1, 2010, the City will maintain the Flexible Benefit Plan at one thousand two hundred twenty four dollars ($1224) 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. 15.2.1. Increases Effective January 1, 2011, the City will increase the Flexible Benefit Plan contribution to an amount equal to the CalPERS, Los Angeles County, Kaiser Family Plan Rate plus the Delta Dental PPO Family Plan Rate, for a total Flexible Benefit Plan contribution of one thousand two hundred eighty seven dollars ($1287). 15.3. 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. 15.4. 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. 16. LEAVE TYPES 16.1. 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 (in the position or place of a parent) may also be considered under certain circumstances. Such leave shall not be charged against the employee's Sick Leave or Vacation. In addition to MEMORANDUM OF UNDERSTANDING, ACEA, JULY 1, 2010 THRU JUNE 30, 2011 Bereavement Leave, an employee may request up to two (2) days of Sick Leave in the event of the death of an immediate family member. Such leave shall be charged against the employee's accrued Sick Leave balance and shall 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. 16.2. Holidays 16.2.1 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 2010- 2011. Independence Day July 5* Labor Day Sept 6* Columbus Day Oct 11* Veteran's Day Nov 11 Thanksgiving Day Nov 25 Christmas Day Dec 27* New Year's Day Jan 3* Martin Luther King Day Jan 17* President's Day Feb 21* Memorial Day May 30* *= Monday An employees required to work a 518 schedule see 9.1.2. 16.2.2. 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. 16.2.2.1. Leave Days For the period of July 1, 2010 thru June 30, 2011 the City and the Association agree to grant each employee two additional leave days of ten (10) hours each. All additional leave days shall be requested in advance from the appropriate department head or division chief. Enough employees shall remain at work during additional leave days so that the City's business may be MEMORANDUM OF UNDERSTANDING, ACEA, JULY 1, 2010 THRU JUNE 30, 2011 conducted. Additional leave days shall accrue on July 1, 2010 and must be taken by June 30, 2011, or the hours will be forfeited. 16.3. 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: 16.3.1 An employee granted Industrial Leave shall continue to be compensated at his regular rate of pay in lieu of temporary disability payments. 16.3.2 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 16.3.1 above. 16.3.3 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 six (6) months. Supporting medical documentation must accompany such requests for leave and be submitted thirty (30) days prior to expiration date. 16.3.4 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. 16.3.6 Prior to the end of the six (6) months of paid leave pursuant to this section, the employee may apply for benefits under the City's long-term disability plan. If the employee is qualified to receive benefits under the disability plan, vacation and sick leave shall accrue, and the city shall continue to pay benefits under the City's Flexible Benefit Plan and CaIPERS 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. 16.3.6 Except as provided in 16.3.2, no employee shall have accrued sick leave deducted while on industrial leave. Vacation and Sick Leave shall accrue for an employee on Industrial Leave. 16.3.7 Industrial Leave shall expire when one of the following conditions occurs: 16.3.7.1 Employee is able to return to work to his/her regular position. 16.3.7.2 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: 16.3.7.3 The employee's condition is determined to be permanent or of an extended duration. 11 MEMORANDUM OF UNDERSTANDING, ACEA, JULY 1, 2010 THRU JUNE 30, 2011 16.3.7.4 The degree of disability precludes continued employment by the employee in his/her present position. 16.3.7.5 After twenty-six (26) weeks of Industrial Leave payments. 16.3.8 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.) 16.4. 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. 16.4.1. Reasons for Use of Sick Leave Sick leave shall be granted for the following reasons: 16.4.1.1 Personal illness or physical incapacity. 16.4.1.2 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. 16.4.1.3 Enforced quarantine of the employee in accordance with Health Department regulations. 16.4.1.4 Medical, dental, and optical appointments. 16.4.1.5 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. 16.4.2. Restrictions on Sick Leave 16.4.2.1 Disability arising from any sickness or injury purposely self-inflicted. 16.4.2.2 Sickness or disability sustained while on leave of absence, other than regular vacation leave. 16.4.2.3 Disability or illness arising from compensated employment other than with the City. 12 MEMORANDUM OF UNDERSTANDING, ACEA, JULY 1, 2010 THRU JUNE 30, 2011 16.4.2.4 Sick leave use under Section 16.4.1.2 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 16.4.1.2 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. 16.4.3. 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. 16.4.4. 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. 16.4.5. Sick Leave During Vacation If an employee becomes ill or injured while on vacation, he or she may, by completing an Employee Leave Request Form, use accrued sick leave time in lieu of vacation time for the period of disability. 16.4.6. 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 would have the following options: 16.4.6.1 Carry over the accrual and add it to his or her sick leave balance. 16.4.6.2 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. 16.4.7. 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 would have the following options: 16.4.7.1 Carry over the accrual and add it to his or her sick leave balance. 16.4.7.2 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. 16.4.8. Conversion to Cash upon Death Fifty percent (50%) of the employees accrued Sick Leave balance can be converted to cash upon death (if he or she has attained permanent status). ISci MEMORANDUM OF UNDERSTANDING, ACEA, JULY 1, 2010 THRU JUNE 30, 2011 16.4.9. Conversion to Service Credit Upon Retirement 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 26.4.8, to retirement service credit. 16.4.8. Conversion Deadline A decision to convert sick leave according to the policies stated shall be made by March 31. 16.5. Vacation 16.5.1. Required Usage and Carryover An employee shall be required to use one half ('/2) of his/her annual vacation accrual yearly and shall be able to carry over one half ('/2) of one year's vacation accrual from one year to the next, cumulatively, up to a maximum of fifty two (52) times the then -current pay period rate of vacation accrual. 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. 16.5.2. Cash -In Policy An employee may convert into pay up to 50% of his or her annual vacation accrual. An employee may convert into pay accrued vacation in excess of 50% of his or her annual accrual with the approval of the Department Head or City Manager. 16.5.3. Accrual Effective July 1, 2008 vacation leave shall accrue as follows: Through the 4th year of employment ..... 90 hours per year Through the 5th year of employment ..... 120 hours per year Through the 6th year of employment ..... 128 hours per year Through the 7th year of employment ..... 136 hours per year Through the 8th year of employment ..... 144 hours per year Through the 9th year of employment ..... 152 hours per year Through the 10th year of employment.... 160 hours per year Through the 11th year of employment.... 168 hours per year Through the 12th year of employment.... 176 hours per year Through the 13th year of employment.... 184 hours per year Through the 14th year of employment.... 192 hours per year Through the 15th year of employment.... 200 hours per year Through the 16th year of employment.... 210 hours per year Through the 17'h year of employment ..... 218 hours per year Through the 181h year of employment ..... 226 hours per year Through the 19'h year of employment ..... 234 hours per year Through the 20'h year of employment ..... 240 hours per year 17. 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. 14 MEMORANDUM OF UNDERSTANDING, ACEA, JULY 1, 2010 THRU JUNE 30, 2011 18. LIFE INSURANCE 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. 19. LONG TERM DISABILITY INSURANCE 19.1. 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 (_) 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: 19.1.1 For the first 30 days of non -job related illness or injury, the employee will use accrued Sick Leave, Compensatory Time or Vacation Leave; 19.1.2 Provides 66.67% of the employee's monthly salary; 19.1.3 Commences after a 30 calendar day waiting period and provides a benefit to age 65; 19.1.4 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; 19.1.5 At no time will an employee receive more than 100% of their base pay; 19.1.6 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. 20. 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. 20.1 Optional Benefits 20.1.1 The City's contract with the CaIPERS includes the additional benefit of Service Credit for Unused Sick Leave. 20.1.2 The optional benefit of Two Year Additional Service Creditshall be discretionary with Council in accordance with Government Code Section 20903. 20.1.3 The City's contract with the CaIPERS includes the Employer -Paid Member Contribution in base pay during the final compensation period. 20.1.4. CaIPERS Service Credit for Military Service. The CaIPERS 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." After this has been completed, eligible employees with qualifying military service can contact PERS and arrange to be billed for the service credit. The City shall reimburse the employee for 25% of the amount of the bill. Eligibility for the 25% reimbursement is limited to employees who are on the payroll on 7/1/95. 15 MEMORANDUM OF UNDERSTANDING, ACEA, JULY 1, 2010 THRU JUNE 30, 2011 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. 20.1.5 If the CalPERS law is amended to allow a 2% @ 50 or 2'/% @ 55 formula for Miscellaneous employees, the City agrees to meet and confer with the Association. 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. 20.1.6 The Association and the City agree to reopen the contract for discussion on purchasing a PARS retirement enhancement to the current CalPERS retirement benefit. The cost to the City will not exceed the provisions provided by this contract. The reopener will be completed by December 31, 2006 20.2. Health Insurance During Retirement Beginning with the first month after retirement, for Association 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 ('/2) 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 City's 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 carryoverto 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 CalPERS shall be considered to be part of the portion paid by the City. 20.2.1 Employees with at least ten consecutive years of service immediately preceding retirement shall be eligible to utilize (for retiree health insurance only), their part-time employmentthat is a part of their consecutive service. Such part-time employment shall be credited on an hour for hour basis toward the minimum 20 years of service, with the City of Azusa, needed to become eligible for this provision. For Example: If an employee retires and has worked 10,920 hours on a part-time basis (that is part of their consecutive service prior to retirement), the City shall divide the 10,920 hours by 2,080 hours (which is the equivalent value of one year of full time service), to determine the service credit. 10,920 divided by 2,080 is equal to 5.25 years of service. The part-time service shall be added to the full time service to determine the twenty (20) year service credit needed for eligibility for the Retiree Health Care provision of this MOU. 21. TUITION REIMBURSEMENT 21.1. Objective The tuition reimbursement program is designed to encourage employees to continue their self -development by enrolling in approved classroom courses which will: IWO MEMORANDUM OF UNDERSTANDING, ACEA, JULY 1, 2010 THRU JUNE 30, 2011 21.1.1. Educate them in new concepts and methods in their occupational field and prepare them to meet the changing demands of their job. 21.1.2. Help prepare them for advancement to positions of greater responsibility in the City of Azusa. 21.2. Eligibility 21.2.1. 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. 21.2.2. Courses must be (except where noted below in paragraphs 21.3.3. and 21.3.4.) 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. 21.2.3. 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. 21.3. Courses may be eligible if they: 21.3.1. 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. 21.3.2. Do not duplicate training which the employee has already had or which is to be provided in- house. 21.3.3. Do not duplicate previously taken courses unless special approval has been granted by the department head and the Human Resources Division. 21.3.4. 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. 21.3.5. 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. 21.3.6. Lead to a City -approved certificate, license or registration. Reimbursement may be 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. 21.3.7. Are not taken on City time and must be certified that they are taken on the employee's off-duty time. 21.3.8. Have been approved by the Department Head and the City Manager or his/her designee before commencement of the class. 17 MEMORANDUM OF UNDERSTANDING, ACEA, JULY 1, 2010 THRU JUNE 30, 2011 21.4. Reimbursement 21.4.1. 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. 21.4.2. Employees shall be reimbursed up to the dollar amount charged for the same numberof units per term by California State University system. 21.4.3. 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. 21.4.4. 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. 21.4.5. Employees must submit from the attendant institution an original certification of fees paid and grade achieved in order to have their application considered for reimbursement. These documents must accompany the reimbursement application form in order to be processed. 21.4.6. Application for reimbursement must be submitted within three months of the completion of the approved course in order to be considered for reimbursement. 21.4.7. 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. 22. FLEXIBLE STAFFING POSITIONS The following classifications shall be incorporated into a "Flexible Staffing" pattern effective July 1, 1995: Account Specialist I, II & III Assistant Planner, Associate Planner Junior Accountant, Accountant and Senior Accountant Librarian and Senior Librarian Library Assistant I, II & III Office Specialist I, II and Senior Office Specialist Park Maintenance Worker I, II & III Tree Trimmer and Senior Tree Trimmer 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 a qualified employee to a higher step/classification in their flex series. 119 MEMORANDUM OF UNDERSTANDING, ACEA, JULY 1, 2010 THRU JUNE 30, 2011 23. JOB SHARING 23.1 Job Sharing Definition: Bifurcation of the job duties (essential functions) of a full-time classification into two equal Y: -time jobs that total full-time work, generally 40 hours per week, 52 weeks per year. 23.2 Benefits: A Job Sharing Employee shall receive, as applicable, benefits on the basis of one-half the rate accorded to comparable full-time employees. No other method of pro -ration shall apply. For benefits that have a time or service requirement to qualify to receive them, a year shall be defined as successful completion of 2080 hours of service. Under Job Sharing, this will generally be 104 weeks at 20 hours per week. 23.3 Job Sharing Employee: One of a pair of employees, each of whom job shares by performing one-half of the essential functions of a full-time classification and who works'/ of the hours of the full-time class, generally 20 hours per week, 52 weeks per year. 23.4 Vacancy of Job Share Position: If one person occupying half of ajob share position leaves the city or takes an extended leave, the City may compel the person occupying the other half to convert to full time. If the person chooses not to convert to full time, the City has the option to eliminate the job share positions and commence recruitment for a full-time position. 23.4 Resumption of Full -Time Status. If a Job Sharing Employee wishes to resume full-time work with the City, he or she shall seek reassignment or transfer to a full-time position. Should the employee's department be unable to effect such reassignment, the employee shall seek a transfer as prescribed under the Civil Service Rules. 23.6 Involuntary Conversion to or from Job Sharing Status. Neither management nor employees shall convert full-time positions to job -sharing positions, or the converse, without first consulting with the other party. If both parties are in agreement, as well as the affected employees, the decision shall be memorialized via Personnel Action Request forms. 23.6 Salary Anniversary Date. If an employee's appointment to a Job Sharing position is either as a new hire or by promotion, the salary anniversary date shall be defined as that date which occurs upon successful completion of 2080 hours of service, generally 104 weeks at 20 hours per week. Such employees maybe considered fora merit increase after successful completion of 1040 hours of service, generally 52 weeks at 20 hours per week. Subsequent salary anniversary dates shall be defined as those dates which occur upon completion of 2080 hours of service, generally 104 weeks at 20 hours per week. If an employee's appointment to a Job Sharing position is nota new hire or promotion, the salary anniversary date shall be based on his or her prior service, in accordance with the Civil Service Rules. M MEMORANDUM OF UNDERSTANDING, ACEA, JULY 1, 2010 THRU JUNE 30, 2011 24. LAY OFF The City agrees that in the event employees represented by the Association are laid off from their employment, a minimum of forty-five (45) calendar days notice will be given to each individual affected employee. Such notice shall be in writing and signed by an appropriate management employee. 20 AZUSA CITY EMPLOYEES Gaskins, ACEA Field MEMORANDUM OF UNDERSTANDING AZUSA CITY EMPLOYEES ASSOCIATION July 1, 2010 THROUGH JUNE 30, 2011 T LS /IPA(&I., l-Y-za// FSI I. elach, Citt Manager Date City Attorney, Best Best & Alan Kreimeie dmf trative Services Director/CFO Date Kerp4FrAKcis, Interim Director of Human Resources Date INDEX Acting Pay (4) Additional Compensation / Premium Pay (4) Automatic Payroll Deposit (4) Bereavement Leave (9) Bilingual Pay (5) Callback (5) Appropriate Rate of Pay for Callback (5) City Rights (2) Compensatory Time (6) Computer Loan Program (8) Damage to Personal Effects (8) Deferred Compensation (Employer Paid) (5) Employee Assistance Plan (8) Equipment Allowance (5) Flexible Benefit Plan (9) Amount of Monthly Benefit (9) Eligibility (9) Increases (9) Termination (9) Flexible Staffing Positions (18) Health Insurance During Retirement (16) Holidays (10) Designated Holidays (10) Floating Holidays (10) Industrial Leave (11) Job Sharing (19) Benefits (19) Involuntary Conversion to or from Job Sharing Status (19) Job Sharing Employee (19) Layoff (18) Resumption of Full-time Status (19) Salary Anniversary Date (19) Lay off (20) License Renewal (14) Life Insurance (15) Long Term Disability Insurance (15) Maintenance of Existing Benefits (1) Non-discrimination (2) Overtime Meal Policy Before 5 A.m. (7) Overtime/compensatory Time (6) Paint Crew (7) Retirement (15) Employer -paid Member Contribution (15) Health Insurance During Retirement (16) Military Service. (15) Optional Benefits (15) Service Credit for Unused Sick Leave (15) Two Year Additional Service Credit (15) Salary (4) Savings Clause (1) Separability (1) Sick Leave (12) Accrual and Use (13) Conversion Deadline (14) Conversion to Service Credit upon Retirement (14) One-fourth Conversion (13) One-third Conversion (13) Probationary Employee Sick Leave Usage (13) Reasons for Use of Sick Leave (12) Restrictions on Sick Leave (12) Sick Leave During Vacation (13) Standby (7) Qualifications (8) Vehicle Assignment (8) Term of Memorandum of Understanding (1) Total Compensation (1) Tuition Reimbursement (16) Courses May Be Eligible If They: (17) Eligibility (17) Objective (17) Reimbursement (18) Uniform Allowance (8) Vacation (14) Accrual (14) Cash -in Policy (14) Required Usage and Carryover (14) Weekend Assignment (8) Workweek and Timekeeping Interval (3) Timekeeping Interval (4) Workday (4) Workweek (3) January 11, 2011 SIDE LETTER, AGREEMENT BETWEEN THE CITY OF AZUSA AND THE AZUSA CITY EMPLOYEES ASSOCIATION REGARDING BI -LINGUAL PAY Consistent with discussions during the Meet and Confer process for a successor agreement for the time period July 1, 2010 through June 30, 2011 the following agreement was reached for bi-lingual pay for Candice He, Development Services Assistant. Based upon repeated requests by the Department of Economic and Community Development for Candace Ho to utilize her bi-lingual skills (Chinese) and supported by data which tracked her utilization over a period of several months in 2010 it was agreed that Candice Ho should be eligible for bi-lingual pay (Chinese) consistent with the program in place for bi-lingual pay (Spanish). As utilization of bi-lingual skill (Chinese) is unique to the Department of Economic Development; and is occasioned by the need for Candice Ho to often meet (at the service counter) with persons in the Business Community and others that need assistance and require or are more comfortable with the Chinese language; and where it has been found that providing such bi-lingual service is in the best interest of the City and the person(s) seeking information/service it has therefore been agreed between the City and ACEA to provide bi-lingual pay only to Candice Ho for the bi-lingual service she provides. Consistent with other City provided bi-lingual pay: Effective July 1, 2010 Candice Ho shall be eligible to receive bi-lingual pay of $100.00 per month for her ability to speak and translate the Chinese language in the performance of her duties. Further, an additional $100.00 per month shall be paid upon her ability to demonstrate, to a qualified examiner, her proficiency in writing in the Chinese language. Azusa City Employees Association i Mik Gaskins, ACEA Field Representative 'LinAa Vasquez, President of City Manager /-� I -//- Date Date Date Alan Kreimeter, Administrative Services Director/CFO Date