HomeMy WebLinkAboutE-18 Staff Report - Restated MOU for ACEACONSENT ITEM
E-18
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: TALIKA M. JOHNSON, DIRECTOR OF FINANCE
DATE: August 19, 2019
SUBJECT: APPROVAL OF AMENDED AND RESTATED MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF AZUSA AND THE AZUSA CITY
EMPLOYEES ASSOCIATION
BACKGROUND:
The City’s Memorandum of Understanding (MOU) with the Azusa City Employees Association
(ACEA) expired on June 30, 2018. Both parties have been in negotiations and have finally reached
agreement on an amended MOU. This action approves a restated and amended MOU with the ACEA
with a contract term through June 30, 2020.
RECOMMENDATION:
Staff recommends that the City Council take the following action:
1)APPROVAL OF AMENDED AND RESTATED MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF AZUSA AND THE AZUSA CITY
EMPLOYEES ASSOCIATION.
ANALYSIS:
The Negotiation sessions consisted of several discussions of the City of Azusa’s growing concern
related to Other Post-Employment Benefits (OPEB) costs, San Gabriel vs. Flores decision and Flexible
Benefit Plan: specifically, Cash in Lieu Payments. Other discussions consisted of the City’s desire to
reduce the City’s structural deficient by not providing on schedule COLA increases over the term of this
contract.
APPROVED
CITY COUNCIL
8/19/2019
ACEA MOU
August 19, 2019
Page 2
The MOU between the City of Azusa and ACEA expired on June 30, 2018. Amongst several mutually
agreed upon concessions, the provisions of the proposed MOU include the following compensation and
benefit adjustments:
1. Contract Term: July 1, 2018 through June 30, 2020.
2. Single One-Time Lump Sum: Fiscal Year 2018-2019: 3%
Fiscal Year 2019-2020: 3%
Totaling a 6% one-time lump sum paid on August 29,
2019. Payment will be made at the employee’s current
base pay rate, at the time of disbursement.
3. Deferred Compensation Plans: Increase City’s contribution:
Deferred compensation will increase from $45 to $90
per month effective upon ratification of agreement
4. Equipment Allowance: Effective upon ratification of the agreement the personal
equipment allowance will increase from $235 to $300
annually.
5. Confined Space Pay: Upon ratification of agreement, $150 a month for
employees who maintain a valid certification in
Confined Space Entry.
6. Flexible Benefit Plan: Created new max caps for FBP and cash-out of any excess
funds:
ACEA members who were hired on or before
03/21/2016:
• Effective 08/01/19 increase FBP to $1,400/mo.
• Effective through 12/31/2019 max cap cash-out
will remain at $1,346/mo.
• Effective 01/01/2020, reduce max cap cash-out
to $1,000/mo. and employee may purchase
vision, dental and/or supplement products with
excess.
ACEA Employees hired after 03/21/2016:
ACEA MOU
August 19, 2019
Page 3
• Effective 08/01/2019, FBP will increase to
$1,400/mo.
• Currently any unused portion of the FBP is
forfeited.
7. Medical Waiver: Place new cap on employees who joined on/before
03/21/2016 and who are already on a medical waiver:
ACEA Employees hired on or before 03/21/2016:
• Effective through 12/31/2019, medical waiver
cap amount to $1,346/mo.
• Effective 01/01/2020, reduce medical waiver
amount to $1,000/mo.
ACEA Employees hired after 03/21/2016:
• The medical waiver will remain up to $300.
8. Health Reimbursement Arrangement Establish HRA for employees hired on or after
(HRA): August 20, 2019 (in-lieu of lifetime medical), with
the City’s contribution as follows:
• $2,000 initial contribution within the first month
of hire
• $1,000/mo. for 1-5 years of continuous City
service
• $2,000/mo. for 6-10 years of continuous City
service
• $3,000/mo. for 11 or more years of continuous
City service until employee retires or separates
from employment
9. Overtime Meal Period: Upon ratification of agreement, the overtime meal
reimbursement will increase from $9 to $16.
The attached MOU is in draft format pending other non-substantive language clean-up throughout the
MOU, including but not limited to: updating language to be consistent with other MOU agreements and
state/federal laws, terms used for gender identity, consistent formatting, use of terms, and updated salary
schedule.
FISCAL IMPACT:
The cost of the aforementioned ACEA benefit adjustments is estimated at $349,105 for the term of this
contract, of which 71% is allocated to the General Fund. Of the total estimated contract cost of
ACEA MOU
August 19, 2019
Page 4
$349,105, a portion of that total is cost, $317,100, is for a one-time only payment. The benefit
adjustments have been included in the FY 2019/20 Adopted Budget and will be programmed in future
budget years as applicable.
Prepared by: Reviewed and Approved:
Talika M. Johnson Sergio Gonzalez
Director of Finance City Manager
Attachment:
1) Draft of Amended and Restated Memorandum of Understanding between the City of Azusa
and the Azusa City Employees Association
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF AZUSA
AND
THE AZUSA CITY EMPLOYEES ASSOCIATION
EFFECTIVE JULY 1, 2018 THROUGH JUNE 30, 2020
TABLE OF CONTENTS
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1. TERM OF MEMORANDUM OF UNDERSTANDING ............................................................. 1
2. MAINTENANCE OF EXISTING BENEFITS .......................................................................... 1
3. SAVINGS CLAUSE ............................................................................................................... 1
4. TOTAL COMPENSATION ..................................................................................................... 2
5. SEPARABILITY ..................................................................................................................... 2
6. IMPLEMENTATION .............................................................................................................. 2
7. NON-DISCRIMINATION ....................................................................................................... 2
7.1 Protection of Rights ................................................................................................... 2
7.2 Anti-Discrimination ..................................................................................................... 2
8. CITY RIGHTS ....................................................................................................................... 3
8.1 Management Rights ................................................................................................... 3
8.2 Conformance with Rules ............................................................................................ 4
8.3 Meet and Confer ........................................................................................................ 4
9. UNION RIGHTS .................................................................................................................... 5
9.1 New Employee Orientation ........................................................................................ 5
9.2 Dues Deductions ....................................................................................................... 5
9.3 Indemnification .......................................................................................................... 5
10. WORKWEEK AND TIMEKEEPING INTERVAL ..................................................................... 5
10.1 Workweek .................................................................................................................. 5
10.2 Workday .................................................................................................................... 6
10.3 Timekeeping Interval ................................................................................................. 6
11. SALARY ................................................................................................................................ 7
11.1 Single Lump Sum Payment ....................................................................................... 7
11.2 Automatic Payroll Deposit .......................................................................................... 7
12. ADDITIONAL COMPENSATION/ PREMIUM PAY ................................................................ 7
12.1 Acting Pay ................................................................................................................. 7
12.2 Bilingual Pay .............................................................................................................. 8
12.3 Callback ..................................................................................................................... 8
12.4 Deferred Compensation (Employer Paid) .................................................................. 9
12.5 Equipment Allowance ................................................................................................ 9
12.6 Longevity Premium .................................................................................................. 10
12.7 Overtime/Compensatory Time ................................................................................. 10
TABLE OF CONTENTS
iii
12.8 Standby Pay ............................................................................................................ 11
12.9 Uniform Allowance ................................................................................................... 12
12.10 Weekend Assignment .............................................................................................. 12
12.11 Confined Space Pay ................................................................................................ 12
13. DAMAGE TO PERSONAL EFFECTS ................................................................................. 12
14. EMPLOYEE ASSISTANCE PLAN ....................................................................................... 13
15. FLEXIBLE BENEFIT PLAN ................................................................................................. 13
15.1 Definition ................................................................................................................. 13
15.2 Amount of Monthly Benefit ....................................................................................... 13
15.3 Opt Out or Opt for Less Coverage ........................................................................... 13
15.4 Eligibility .................................................................................................................. 14
15.5 Termination.............................................................................................................. 14
16. LEAVE TYPES .................................................................................................................... 14
16.1 Bereavement Leave ................................................................................................. 14
16.2 Holidays ................................................................................................................... 15
16.3 Industrial Leave ....................................................................................................... 16
16.4 Sick Leave ............................................................................................................... 18
16.5 Vacation .................................................................................................................. 21
17. LICENSE RENEWAL .......................................................................................................... 22
18. LIFE INSURANCE .............................................................................................................. 22
19. LONG TERM DISABILITY INSURANCE ............................................................................. 22
20. RETIREMENT ..................................................................................................................... 23
20.1 Optional Benefits ..................................................................................................... 23
20.2 Health Insurance During Retirement ........................................................................ 24
20.3 Health Reimbursement Account (HRA) .................................................................... 25
21. TUITION REIMBURSEMENT .............................................................................................. 26
22. FLEXIBLE STAFFING POSITIONS ..................................................................................... 27
23. JOB SHARING .................................................................................................................... 27
23.1 Job Sharing Definition .............................................................................................. 27
23.2 Benefits ................................................................................................................... 27
23.3 Job Sharing Employee ............................................................................................. 28
23.4 Vacancy of Job Share Position ................................................................................ 28
23.5 Resumption of Full-Time Status ............................................................................... 28
23.6 Involuntary Conversion to or from Job Sharing Status ............................................. 28
23.7 Salary Anniversary Date .......................................................................................... 28
TABLE OF CONTENTS
iv
24. LAY OFF ............................................................................................................................. 29
25. REOPEN OF NEGOTIATIONS DURING TERM OF AGREEMENT .................................... 29
1
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF AZUSA AND THE
AZUSA CITY EMPLOYEES ASSOCIATION
July 1, 2018 THROUGH June 30, 2020
This Memorandum of Understanding is entered into with reference to the following facts:
a. 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;
b. In the interest of maintaining harmonious relations between the City and
those employees represented by the Association, authorized
representatives of the City and the Association have met and conferred in
good faith, exchanging various proposals concerning wages, hours and
other terms and conditions of employment to affected employees; and
c. 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, 2018,
and shall continue in full force and effect until June 30, 2020.
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
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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.
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 seq.
7.2 Anti-Discrimination
The City and the Association agree that they shall not discriminate against
any employee because of race, ethnicity, color, sex, sexual orientation,
gender identity or expression, age, national origin, disability, veteran
status, marital status, or 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.
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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.
8.1.10 To relieve employees from duties for lack of funds or lack of
work or similar non-disciplinary reasons.
8.1.11 To establish and modify productivity and performance
programs and standards.
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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 non-
disciplinary 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
8.1.1 through 8.1.19 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.
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9. UNION RIGHTS
9.1 New Employee Orientation
In accordance with AB 119, the City shall notify the Board when a new employee
is hired into the bargaining unit, including during new employee onboarding and
when a new employee orientation occurs. A Board Representative will notify the
City when a new employee has signed a membership card authorizing
membership dues deduction and when such deductions shall begin. The City
shall also provide the Association Board with periodic lists of employees in the
bargaining unit. The City shall also provide reasonable paid release time of an
hour for the Board to meet with new employees for the purposes of discussing
membership in the Association.
9.2 Dues Deductions
The City shall deduct dues on a regular payroll basis from the pay of all
Association members. Such deductions shall be authorized in writing on a form
approved and provided by the Association for this purpose. The membership
cards shall be retained by the Association. The City shall rely on a certification
from the Association for the authorization, modification, or cancellation of any/all
dues deductions. The City shall remit such funds to the Association within thirty
(30) days following their deduction.
9.3 Indemnification
In accordance with SB 866, the Association shall indemnify, defend, and hold the
City harmless against any liability arising from any claims, demands, or other
action relating to the City’s compliance with the terms of this Article.
10. WORKWEEK AND TIMEKEEPING INTERVAL
10.1 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.
10.1.1 Notwithstanding 8.1.9, 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
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five, eight-hour per week schedule to employees preferring
to work such a schedule.
10.1.2 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 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.
10.2 Workday
Except as provided in 8.1.1, the workday will consist of ten and one half
(10½) hours with one-half (½) 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.
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11. SALARY
There are no scheduled across-the-board cost-of-living-adjustments (COLAs) or salary
increases during the term of this MOU. The current base monthly salaries of employees
in the unit covered by this MOU are set forth in “Exhibit A.”
11.1 Single Lump Sum Payment
11.1.1 Effective the pay date on August 29, 2019, the City shall pay
each employee covered by this MOU a single lump sum
payment in an amount which is equal to three percent (3%)
of the employee’s salary at the time of the pay period ending
August 24, 2019 for fiscal year 2018/19.
11.1.2 Effective the pay date on August 29, 2019, the City shall pay
each employee covered by this MOU a single lump sum
payment in an amount which is equal to three percent (3%)
of the employee’s salary at the time of the pay period ending
August 24, 2019 for fiscal year 2019/20.
11.1.3 Only employees who are on payroll, as of the effective date
of the payment, shall receive the payment.
11.1.4 It is the parties’ mutual intent that these payments shall not
be considered as pensionable compensation for the
purposes of CalPERS.
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.
12. ADDITIONAL COMPENSATION/ PREMIUM PAY
12.1 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 for a higher classification
for a period in excess of 80 consecutive work hours shall be paid,
following the 80th 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.
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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.
12.2 Bilingual Pay
The City shall pay an additional $100 per month to personnel
demonstrating a proficiency in the foreign language if they are assigned
and required to speak and translate the foreign language in performance
of their duties.
An additional payment of $100 per month shall be paid to those who are
proficient in written translation as well. Such payment is conditional upon
demonstration of foreign 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 or at time of hire
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
(1½) 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.
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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 $90 per month in deferred compensation to each
employee.
12.5 Equipment Allowance
The City shall provide a personal Equipment Allowance of three hundred
dollars ($300) 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:
Building Inspector I/II
Building Technician
Community Improvement Inspector
Senior Community Improvement Inspector
Community Improvement Supervisor
Engineering Associate
Engineering Assistant
Engineering Assistant II
Engineering Technician
IT Analyst
Park Maintenance Crew Supervisor
Park Maintenance Supervisor
Park Maintenance Worker I
Park Maintenance Worker II
Park Maintenance Worker III
Senior IT Analyst
Senior Plans Examiner
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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. 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
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or she shall receive a meal reimbursement of sixteen
dollars ($16) for each such period.
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 every four (4)
hours or a meal reimbursement of sixteen dollars
($16) 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 sixteen dollars
($16) for each such four (4) hour period.
12.8 Standby Pay
12.8.1 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.
12.8.2 Standby Pay
The City agrees to pay time and one-half (1½) 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.
12.8.3 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
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to a call out in one-half (½) hour or less. Employees shall
serve on a rotating basis.
12.8.4 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 the employee
whose domicile is geographically closest to the City’s
Corporation Yard. The assigned standby vehicle shall not
be used for personal business.
12.9 Uniform Allowance
Association employees that are regularly 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.
12.10 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.
12.11 Confined Space Pay
Effective upon ratification of this MOU, the City shall pay a certification
incentive pay, at a flat rate of $150 per month to each employee who
maintains a valid certification in Confined Space Entry. The employee
shall receive the incentive pay beginning the first full pay period after
submission of the documentation showing completion to his/her supervisor
or designee. It is the employee’s responsibility to ensure the certification is
kept current and submit the required documents in a timely manner to
continue to receive the incentive. Employees whose certifications expire
will not be paid the incentive until a copy of the renewed certificate is
submitted.
13. DAMAGE TO PERSONAL EFFECTS
If, in the course of business, an office employee's personal clothing or effects is
accidentally damaged or destroyed, the employee may submit a claim for
reimbursement up to one hundred dollars ($100) to the department head or his or her
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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.
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 Effective March 21, 2016,
the City added a voluntary vision plan applicability to the FBP with no city
contribution.
15.2 Amount of Monthly Benefit
Effective August 1, 2019, the Flexible Benefit Plan will increase to one
thousand four hundred dollars ($1,400) per month for each employee.
This plan is voluntary and 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.
15.3 Opt Out or Opt for Less Coverage
Employees hired on or before March 21, 2016:
Employees who opt out of coverage or use a portion of the City Flex
Benefit Plan, are eligible to cash out up to one thousand- three hundred
forty-six dollars ($1,346/mo.) until December 31, 2019. Effective January
1, 2020, the cash out option will decrease to one thousand dollars
($1,000/mo.) including employees using a portion of the FBP. Employees
may use the excess of the FBP to purchase vision, dental or other
supplemental benefits at the employee’s option.
Employees hired after March 21, 2016:
New employees hired on or after March 21, 2016 may opt out (medical
waiver) of the Flexible Benefit Plan and receive three hundred dollars
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($300) in lieu of participation. New employees may use FBP to purchase
vision, dental or other supplement benefits at the employee’s option. New
employees forfeit any unused FBP as currently stated in MOU.
15.4 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, hired after March 21, 2016, 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.
15.5 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
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
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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 scheduled
workday that precedes and 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 FY 2018/2019 FY 2019/2020
Independence Day
July 4th July 4 6*
Labor Day
1st Monday in September Sept 3* 2*
Columbus Day
2nd Monday in October Oct 8* 14*
Veteran’s Day
November 11th Nov 12* 11*
Thanksgiving Day
4th Thursday in November Nov 22 28
Christmas Day
December 25th Dec 25 25
New Year’s Day
January 1st Jan 1 1
Martin Luther King Day
3rd Monday in January Jan 21* 20*
President’s Day
3rd Monday in February Feb 18* 17*
Memorial Day
Last Monday in May May 27* 25*
* = Monday
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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.
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.
16.3 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.
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16.3.5 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 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.
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.
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.)
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16.4 Sick Leave
Sick Leave shall not be construed as a right except where as required by
law, but shall be allowed only in case of necessity or actual sickness,
disability, or other reason for which sick leave may be used under state or
federal law. 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 (as defined pursuant to the Healthy
Workplaces, Healthy Families Act) 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.
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16.4.1.6 Any other lawful reason for which paid sick leave
must be allowed pursuant to law, including but not
limited to those reasons articulated in the California
Healthy Workplaces, Healthy Families Act.
16.4.2 Restrictions on Sick Leave
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
As to existing employees, 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.
As to new members, hired after March 21, 2016, no more
than 960 hours of sick leave may be accrued. Once an
accrual bank reaches 960 hours, the employee will no longer
be eligible to accrue sick leave until such time as usage
reduces the accrual bank below 960 hours. Unused, but
accrued, sick leave to be converted into a retirement medical
trust at the time of retirement once a retirement medical trust
has been established.
Sick leave shall not be taken in units of less than one-half
hour.
16.4.4 Probationary Employee Sick Leave Usage
If the employee does not become permanent, all paid sick
leave must be reimbursed to the City or deducted from the
employee's final paycheck.
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.
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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).
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.
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16.4.10 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 (½) of his/her
annual vacation accrual yearly and shall be able to carry
over one half (½) 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.
New unit members, hired on or after the effective date of this
MOU (March 21, 2016), will accrue up to a maximum of
three hundred (300) hours. Future accruals which exceed
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
With the approval of the Department Head or City Manager,
an employee may convert accrued vacation for those hours
in excess of 50% of their annual accrual into pay. This may
be done twice a year in June and November. In cases of an
emergency, an employee may submit a request to cash-in
annual accrual to the City Manager for approval.
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
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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 17th year of employment 218 hours per year
Through the 18th year of employment 226 hours per year
Through the 19th year of employment 234 hours per year
Through the 20th 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.
18. LIFE INSURANCE
The City shall provide term life insurance for each employee which is
equal to one-and a-half (1.5X) times their annual salary, rounded up to the
nearest one thousand dollars ($1,000), but not to exceed a maximum of
two hundred thousand dollars ($200,000). The calculation of annual
salary excludes overtime, standby, callback and other forms of
supplemental compensation.
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;
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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 Employee Retirement
System CalPERS, for current members at the “2% @ 55 full formula” plan. The City
shall also maintain the increased level of the 1959 Survivor Benefit. The City shall
continue to pay its portion of the cost except as provided for in this section.
In light of the California Public Employees’ Pension Reform Act of 2013 (PEPRA), all
unit members, other than “new members” as defined by PEPRA and/or California
Government Code section 7522.04(f), shall individually pay a total of 7%, of
“compensation earnable” as defined in Government Code section 20636, representing
the member employee’s contribution to the CalPERS.
These contributions shall, at the time of termination, belong to the employee. All other
required contributions for unit members other than “new members” as defined by the
PEPRA and/or California Government Code section 7522.04(f) shall be made by the
City. The member’s contribution shall be made on a “cost sharing” basis and shall be
considered a contribution toward the employer’s contribution share.
Unit members who are “new members” as defined by PEPRA and/or California
Government Code section 7522.04(f), shall be required to pay a PERS contribution in
an amount equal to 50% of the normal cost rate, up to a maximum of 8%, for the
Defined Benefit Plan provided for by PEPRA, in which the new member is enrolled,
rounded to the nearest quarter of 1% or the current contribution rate of similarly situated
employees, whichever is greater, pursuant to Government Code section 7522.30.
Those “new members” shall be enrolled in the 2.0% at 62 Benefit Plan, as provided for
in Government Code section 7522.25(e), with a final compensation measurement
period of 36 consecutive months as set forth in Government Code section 7522.32(a),
and their retirement benefits shall be calculated based on “pensionable compensation”
(Section 7522.10) rather than compensation earnable (Section 20636).
20.1 Optional Benefits
20.1.1 The City’s contract with the CalPERS includes the additional
benefit of Service Credit for Unused Sick Leave.
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20.1.2 The optional benefit of Two Year Additional Service Credit
shall be discretionary with Council in accordance with
Government Code Section 20903.
20.1.3 The City’s contract with the CalPERS includes the Employer-
Paid Member Contribution in base pay during the final
compensation period.
20.1.4 CalPERS Service Credit for Military Service.
The CalPERS 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 CalPERS 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.
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
attorney’s fees in any restitution process.
20.2 Health Insurance During Retirement
Beginning with the first month after retirement, for Association employees
who had at least twenty (20) cumulative 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 (½) of the
premiums for such health insurance, regardless of how many family members
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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 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 employer contribution (MEC) 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 cumulative years of service
immediately preceding retirement shall be eligible to utilize
(for retiree health insurance only), their part-time
employment that is a part of their consecutive service. Such
part-time employment shall be credited on an hour for
hour basis toward the minimum 20 cumulative 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) cumulative years of service credit needed for
eligibility for the Retiree Health Care provision of this MOU.
20.3 Health Reimbursement Account (HRA)
For employees hired on or after August 20, 2019:
Upon hire the City shall establish a Health Reimbursement Arrangement
(HRA) account on behalf of each individual employee for the
reimbursement of medical premiums and IRS approved medical expenses
during retirement. The HRA shall be selected by the City.
20.3.1 Initial Contribution
The City shall deposit an initial contribution of two thousand
dollars ($2,000.00) into the employee’s HRA within the first
month of hire.
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20.3.2 Annual Contributions
The City shall make additional contributions to each employee’s
HRA in the second pay period in July of each year, based on the
following schedule of continuous years of service:
Years of Service Amount of Annual Deposit
One (1)* - five (5) One thousand dollars ($1,000)
Six (6) - ten (10) Two thousand dollars ($2,000)
Eleven (11) or more Three thousand dollars ($3,000)
*The first year’s contribution shall be prorated in accordance
with the anniversary date of the employee’s date of hire.
The City shall continue to make the annual deposits,
according to this schedule, on behalf of each employee until
the employee’s death, separation from service, or retirement,
whichever occurs first.
20.3.3 Vesting Requirements
Each employee is required to complete five (5) consecutive
years of service to be one hundred percent (100%) vested in
their HRA.
An employee who is not vested at the time of separation
from service or retirement shall forfeit their unvested funds.
Once vested, an employee shall maintain their rights to all
funds in their HRA, except in the event of the death of an
employee prior to separation from service or retirement, any
funds in the HRA shall be forfeited. In the event of the death
of the employee, the employee spouse and/or qualifying
dependents, any vested funds remaining in the account shall
be forfeited. In the event the employee opts out of
participation in the Plan, all vested and unvested funds shall
be forfeited.
21. TUITION REIMBURSEMENT
Effective March 21, 2016, the City’s Tuition Reimbursement Administrative Policy is
incorporated herein and applied to unit members for tuition reimbursement.
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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
Building Inspector I/II
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.
23. JOB SHARING
23.1 Job Sharing Definition
Bifurcation of the job duties (essential functions) of a full-time classification
into two equal ½-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.
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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 ½
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 a job 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.
23.5 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.
23.7 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 may be
considered for a 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 not a
new hire or promotion, the salary anniversary date shall be based on his
or her prior service, in accordance with the Civil Service Rules.
29
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.
25. REOPEN OF NEGOTIATIONS DURING TERM OF AGREEMENT
The parties shall re-open negotiations if (1) the City management medical coverage is
subject to the so-called Cadillac Tax pursuant to the Affordable Care Act (ACA), or (2)
the City establishes an excess vacation annuity fund. This re-opener does not obligate
the unit to anything more than a discussion on the issues and eventually the parties
may negotiate terms and reach an agreement before any changes on these issues can
be implemented. Absent an agreement by both parties, the status quo shall remain.
MEMORANDUM OF UNDERSTANDING
AZUSA CITY EMPLOYEES ASSOCIATION
July 1, 2018 THROUGH JUNE 30, 2020
AZUSA CITY EMPLOYEES ASSOCIATION
Marjeli Cruz, ACEA Field Representative Date
Jaime Prado, President Date
Margaret Delano, Secretary Date
CITY OF AZUSA
Sergio Gonzalez, City Manager Date
Talika M. Johnson, Director of Finance Date
ATTEST:
Jeffrey Lawrence Cornejo, Jr., City Clerk
APPROVED AS TO FORM AND CONTENT:
Marco Martinez, Best Best & Krieger
i
INDEX
Acting Pay, 7
Additional Compensation / Premium Pay, 7
Automatic Payroll Deposit, 7
Bereavement Leave, 14
Bilingual Pay, 8
Callback, 8
Appropriate Rate of Pay for Callback, 8
City Rights, 3
Compensatory Time, 10
Damage to Personal Effects, 12
Deferred Compensation (Employer Paid), 9
Employee Assistance Plan, 13
Equipment Allowance, 9
Flexible Benefit Plan, 13
Amount of Monthly Benefit, 13
Eligibility, 14
Termination, 14
Flexible Staffing Positions, 27
Health Insurance During Retirement, 24
Holidays, 15
Designated Holidays, 15
Floating Holidays, 16
Industrial Leave, 16
Job Sharing, 27
Benefits, 27
Involuntary Conversion to or from Job Sharing Status, 28
Job Sharing Employee, 28
Resumption of Full-Time Status, 28
Salary Anniversary Date, 28
Lay off, 29
License Renewal, 22
Life Insurance, 22
Long Term Disability Insurance, 22
Maintenance of Existing Benefits, 1
Non-discrimination, 2
Overtime Meal Policy, 10
Before 5 a.m., 11
Overtime/Compensatory Time, 10
Retirement, 23
Employer-Paid Member Contribution, 23
Health Insurance During Retirement, 24
Military Service, 24
Optional Benefits, 23
Service Credit for Unused Sick Leave, 23
Two Year Additional Service Credit, 24
Salary, 7
Savings Clause, 1
Separability, 2
Sick Leave, 18
ii
Accrual and Use, 19
Conversion Deadline, 21
Conversion to Service Credit Upon Retirement, 20
One-Third Conversion, 20
Probationary Employee Sick Leave Usage, 19
Reasons for Use of Sick Leave, 18
Restrictions on Sick Leave, 19
Sick Leave During Vacation, 19
Standby, 11
Qualifications, 11
Vehicle Assignment, 12
Term of Memorandum of Understanding, 1
Total Compensation, 2
Tuition Reimbursement, 26
Reimbursement, 26
Uniform Allowance, 12
Union Rights 5
Vacation, 21
Accrual, 21
Cash-In Policy, 21
Required Usage and Carryover, 21
Weekend Assignment, 12
Work week and Timekeeping Interval, 5
Timekeeping Interval, 6
Workday, 6
Workweek, 5
CITY OF AZUSA
ACEA SALARY SCHEDULE
EFFECTIVE 07/01/2018-06/30/2020
CLASSIFICATION RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
ACCTS PAYABLE SPECIALIST 4179 4,562.20$ 4,790.31$ 5,029.83$ 5,281.32$ 5,545.38$
ADMINISTRATIVE ANALYST 4192 5,160.99$ 5,419.04$ 5,689.99$ 5,974.49$ 6,273.22$
ADMINISTRATIVE TECHNICIAN 4174 4,351.71$ 4,569.30$ 4,797.76$ 5,037.65$ 5,289.53$
ASSISTANT PLANNER 4190 5,063.77$ 5,316.96$ 5,582.81$ 5,861.95$ 6,155.04$
ASSOCIATE PLANNER 4201 5,623.36$ 5,904.53$ 6,199.75$ 6,509.74$ 6,835.23$
BUDGET ADMINISTRATOR 4211 6,188.05$ 6,497.45$ 6,822.33$ 7,163.44$ 7,521.61$
BUILDING INSPECTOR I 4196 5,361.39$ 5,629.46$ 5,910.93$ 6,206.48$ 6,516.80$
BUILDING INSPECTOR II 4199 5,792.86$ 6,082.50$ 6,386.63$ 6,705.96$ 7,041.26$
BUILDING TECHNICIAN 4174 4,351.71$ 4,569.30$ 4,797.76$ 5,037.65$ 5,289.53$
BUS DRIVER 4158 3,744.48$ 3,931.70$ 4,128.29$ 4,334.70$ 4,551.44$
COMMUNITY IMPROVEMENT INSPECTR 4171 4,301.78$ 4,516.87$ 4,742.71$ 4,979.85$ 5,228.84$
DEPUTY CITY CLERK II 4174 4,351.71$ 4,569.30$ 4,797.76$ 5,037.65$ 5,289.53$
DEVELOPMENT SERVICES ASSISTANT 4174 4,351.71$ 4,569.30$ 4,797.76$ 5,037.65$ 5,289.53$
ECONOMIC DEVELOPMENT SPECIALIST 4190 5,063.77$ 5,316.96$ 5,582.81$ 5,861.95$ 6,155.04$
ENGINEERING ASSISTANT 4186 4,875.00$ 5,118.75$ 5,374.69$ 5,643.42$ 5,925.59$
ENGINEERING ASSISTANT II 4193 5,201.11$ 5,461.17$ 5,734.22$ 6,020.95$ 6,322.00$
ENGINEERING ASSOCIATE 4222 6,877.70$ 7,221.59$ 7,582.66$ 7,961.80$ 8,359.89$
ENGINEERING TECHNICIAN 4165 3,998.31$ 4,198.23$ 4,408.14$ 4,628.54$ 4,859.97$
INFORMATION TECH ANALYST 4188 5,000.91$ 5,250.96$ 5,513.50$ 5,789.18$ 6,078.64$
LIBRARIAN 4175 4,790.31$ 5,029.83$ 5,281.32$ 5,545.38$ 5,822.65$
LIBRARIAN II TECHNOLOGY 4177 4,599.04$ 4,828.99$ 5,070.44$ 5,323.96$ 5,590.16$
LIBRARY ASSISTANT III 4150 3,475.30$ 3,649.07$ 3,831.52$ 4,023.09$ 4,224.25$
LIBRARY CIRCULATION SUPERVISOR 4166 4,052.40$ 4,255.02$ 4,467.78$ 4,691.17$ 4,925.72$
LIT SRV & ADLT ED COORD 4321 4,392.98$ 4,612.66$ 4,843.26$ 5,085.42$ 5,339.69$
LITERACY PROGRAM ASSISTANT 4320 2,888.88$ 3,033.32$ 3,184.99$ 3,344.25$ 3,511.47$
OFFICE SPECIALIST I 4133 2,969.56$ 3,118.04$ 3,273.94$ 3,437.64$ 3,609.52$
OFFICE SPECIALIST II 4143 3,256.62$ 3,419.45$ 3,590.42$ 3,769.94$ 3,958.44$
PARK MAINT CREW SUPERVISOR 4184 4,783.37$ 5,022.54$ 5,273.67$ 5,537.35$ 5,814.22$
PARK MAINT SUPERVISOR 4196 5,361.39$ 5,629.46$ 5,910.93$ 6,206.48$ 6,516.80$
PARK MAINT WORKER I 4153 3,573.73$ 3,752.42$ 3,940.04$ 4,137.04$ 4,343.89$
PARK MAINT WORKER II 4163 3,923.98$ 4,120.18$ 4,326.19$ 4,542.50$ 4,769.62$
PARK MAINT WORKER III 4174 4,351.71$ 4,569.30$ 4,797.76$ 5,037.65$ 5,289.53$
PAYROLL SPECIALIST 4179 4,562.20$ 4,790.31$ 5,029.83$ 5,281.32$ 5,545.38$
PLANNING TECHNICIAN 4165 3,998.31$ 4,198.23$ 4,408.14$ 4,628.54$ 4,859.97$
POWER RESOURCES SCHEDULER 4238 7,240.31 7,602.95$ 7,983.10$ 8,382.25$ 8,801.36$
RECREATION COORDINATOR 4151 3,553.80$ 3,731.50$ 3,918.08$ 4,113.98$ 4,319.68$
RECREATION SUPERVISOR 4197 5,363.38$ 5,631.56$ 5,913.16$ 6,208.82$ 6,519.26$
SENIOR ACCOUNTANT 4211 6,188.05$ 6,497.45$ 6,822.33$ 7,163.44$ 7,521.61$
SENIOR ADMINISTRATIVE TECHNICIAN 4179 4,562.20$ 4,790.31$ 5,029.83$ 5,281.32$ 5,545.38$
SENIOR COMMUNITY IMPROVM'T INSP 4172 5,177.93$ 5,436.83$ 5,708.67$ 5,994.10$ 6,293.81$
SENIOR INFO TECH ANALYST 4214 6,217.25$ 6,528.11$ 6,854.52$ 7,197.24$ 7,557.11$
SENIOR LIBRARIAN TECH SVCS 4185 4,828.95$ 5,070.40$ 5,323.92$ 5,590.11$ 5,869.62$
SENIOR LIBRARIAN YOUTH SERVICES 4185 4,828.95$ 5,070.40$ 5,323.92$ 5,590.11$ 5,869.62$
SENIOR OFFICE SPECIALIST 4158 3,744.48$ 3,931.70$ 4,128.29$ 4,334.70$ 4,551.44$
SENIOR PLANNER 4207 6,149.30$ 6,456.77$ 6,779.61$ 7,118.59$ 7,474.52$
TRANSPORTATION DISPATCHER 4163 3,923.98$ 4,120.18$ 4,326.19$ 4,542.50$ 4,769.62$
TRANSPORTATION SUPERVISOR 4196 5,361.39$ 5,629.46$ 5,910.93$ 6,206.48$ 6,516.80$