HomeMy WebLinkAbout17-17 - Revising Confidential Pay Ranges - (7-8-18)RESOLUTION NO. 17-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, REVISING THE SALARY RANGES FOR JOB CLASSIFICATIONS
WITHIN THE CONFIDENTIAL EMPLOYEES UNIT.
The City Council of the City of Costa Mesa does hereby resolve, determine and order as
follows:
SECTION 1: Employer -Employee Organization Relations Resolution No. 95-63,
as authorized under the California Government Code (Section 3500, et seq.), defines
"Employee, Confidential" as any employee whose normal duties would give the employee
access to decisions or the decision-making processes of the City concerning any matters
relating to employer-employee relations; and said Resolution sets forth the 'Policy and
Standards for Determination of Appropriate Units", including the provision that confidential
responsibilities are determining factors in establishing appropriate units. Accordingly,
specific positions have been determined by the City Manager (Employee Relations
Officer) as having access to or preparing confidential materials and/or information and/or
recommendations on behalf of the City in matters relating to employer-employee relations
and are included in this Confidential Employees Unit.
SECTION 2: The following positions of the Office of the City Manager, Finance
Department and Information Technology Department, placed under the Confidential
Employees Unit Salary Schedule, are hereby revised to reflect the salary ranges and
monthly rates of pay specified, effective July 8, 2018. The monthly rate of pay may also
be in increments between the monthly minimum and maximum pay step.
Class
Class Title
Salary
Grade
Step
Code
Plan
1
2
3
4
5
6
7
0026
Administrative Secretary
CON
593
$4,306
$4,521
$4,747
$4,984
$5,233
$5,495
$5,770
Monthly
(Confidential)
$51,672
$54,252
$56,964
$59,808
$62,796
$65,940
$69,240
Annual
Tier 1
$24.84
$26.08
$27.39
$28.75
$30.19
$31.70
$33.29
Hourly
5026
Administrative Secretary
CO2
593
$3,906
$4,101
$4,306
$4,521
$4,747
$4,984
$5,233
Monthly
(Confidential)
$46,872
$49,212
$51,672
$54,252
$56,964
$59,808
$62,796
Annual
Tier
$22.53
$23.66
$24.84
$26.08
$27.39
$28.75
$30.19
Hourly
0018
Benefits Coordinator
CON
592
$4,576
$4,805
$5,045
$5,297
$5,562
$5,840
$6,132
Monthly
$54,912
$57,660
$60,540
$63,564
$66,744
$70,080
$73,584
Annual
Tier 1
$26.40
$27.72
$29.11
$30.56
$32.09
$33.69
$35.38
Hourly
5018
Benefits Coordinator
CO2
592
$4,150
$4,358
$4,576
$4,805
$5,045
$5,297
$5,562
Monthly
$49,800
$52,296
$54,912
$57,660
$60,540
$63,564
$66,744
Annual
Tier
$23.94
$25.14
$26.40
$27.72
$29.11
$30.56
$32.09
Hourly
Resolution No. 17-17 Page 1 of 6
0063
Budget Analyst
CON 679
$6,730
$7,066
$7,419
$7,790
$8,180
$8,589
$9,018
Monthly
$80,760
$84,792
$89,028
$93,480
$98,160
$103,068
$108,216
Annual
Tier 1
$38.83
$40.77
$42.80
$44.94
$47.19
$49.55
$52.03
Hourly
5063
Budget Analyst
CO2 679
$6,105
$6,410
$6,730
$7,066
$7,419
$7,790
$8,180
Monthly
$73,260
$76,920
$80,760
$84,792
$89,028
$93,480
$98,160
Annual
Tier
$35.22
$36.98
$38.83
$40.77
$42.80
$44.94
$47.19
Hourly
0809
Budget Specialist
CON 891
$5,593
$5,873
$6,167
$6,475
$6,799
$7,139
$7,496
Monthly
$67,116
$70,476
$74,004
$77,700
$81,588
$85,668
$89,952
Annual
Tier 1
$32.27
$33.88
$35.58
$37.36
$39.23
$41.19
$43.25
Hourly
5809
Budget Specialist
CO2 891
$5,073
$5,327
$5,593
$5,873
$6,167
$6,475
$6,799
Monthly
$60,876
$63,924
$67,116
$70,476
$74,004
$77,700
$81,588
Annual
Tier
$29.27
$30.73
$32.27
$33.88
$35.58
$37.36
$39.23
Hourly
0040
Computer Operations/
CON 689
$6,948
$7,295
$7,660
$8,043
$8,445
$8,867
$9,310
Monthly
Networking Supervisor
$83,376
$87,540
$91,920
$96,516
$101,340
$106,404
$111,720
Annual
Tier 1
$40.08
$42.09
$44.19
$46.40
$48.72
$51.16
$53.71
Hourly
5040
Computer Operations/
CO2 689
$6,302
$6,617
$6,948
$7,295
$7,660
$8,043
$8,445
Monthly
Networking Supervisor
$75,624
$79,404
$83,376
$87,540
$91,920
$96,516
$101,340
Annual
Tier
$36.36
$38.18
$40.08
$42.09
$44.19
$46.40
$48.72
Hourly
0021
Deputy City Clerk
CON 656
$5,348
$5,615
$5,896
$6,191
$6,501
$6,826
$7,167
Monthly
$64,176
$67,380
$70,752
$74,292
$78,012
$81,912
$86,004
Annual
Tier 1
$30.85
$32.39
$34.02
$35.72
$37.51
$39.38
$41.35
Hourly
5021
Deputy City Clerk
CO2 656
$4,850
$5,093
$5,348
$5,615
$5,896
$6,191
$6,501
Monthly
$58,200
$61,116
$64,176
$67,380
$70,752
$74,292
$78,012
Annual
Tier
$27.98
$29.38
$30.85
$32.39
$34.02
$35.72
$37.51
Hourly
0016
Executive Assistant to the
CON 648
$5,750
$6,038
$6,340
$6,657
$6,990
$7,339
$7,706
Monthly
City Manager
$69,000
$72,456
$76,080
$79,884
$83,880
$88,068
$92,472
Annual
Tier 1
$33.17
$34.83
$36.58
$38.41
$40.33
$42.34
$44.46
Hourly
5016
Executive Assistant to the
CO2 648
$5,215
$5,476
$5,750
$6,038
$6,340
$6,657
$6,990
Monthly
City Manager
$62,580
$65,712
$69,000
$72,456
$76,080
$79,884
$83,880
Annual
Tier
$30.09
$31.59
$33.17
$34.83
$36.58
$38.41
$40.33
Hourly
0019
Executive Secretary
CON 609
$4,734
$4,971
$5,220
$5,481
$5,755
$6,043
$6,345
Monthly
(Administration)
$56,808
$59,652
$62,640
$65,772
$69,060
$72,516
$76,140
Annual
Tier 1
$27.31
$28.68
$30.12
$31.62
$33.20
$34.86
$36.61
Hourly
5019
Executive Secretary
CO2 609
$4,294
$4,509
$4,734
$4,971
$5,220
$5,481
$5,755
Monthly
(Administration)
$51,528
$54,108
$56,808
$59,652
$62,640
$65,772
$69,060
Annual
Tier
$24.77
$26.01
$27.31
$28.68
$30.12
$31.62
$33.20
Hourly
Resolution No. 17-17 Page 2 of 6
0007
Human Resources
CON
560 $3,759
$3,947
$4,144
$4,351
$4,569
$4,797
$5,037
Monthly
Office Specialist II
$45,108
$47,364
$49,728
$52,212
$54,828
$57,564
$60,444
Annual
Tier 1
$21.69
$22.77
$23.91
$25.10
$26.36
$27.68
$29.06
Hourly
5007
Human Resources
CO2
560 $3,410
$3,580
$3,759
$3,947
$4,144
$4,351
$4,569
Monthly
Office Specialist II
$40,920
$42,960
$45,108
$47,364
$49,728
$52,212
$54,828
Annual
Tier
$19.67
$20.65
$21.69
$22.77
$23.91
$25.10
$26.36
Hourly
0087
Human Resources
CON
697 $7,724
$8,110
$8,516
$8,942
$9,389
$9,858
$10,351
Monthly
Administrator
$92,688
$97,320
$102,192
$107,304
$112,668
$118,296
$124,212
Annual
Tier l
$44.56
$46.79
$49.13
$51.59
$54.17
$56.87
$59.72
Hourly
5087
Human Resources
CO2
697 $7,006
$7,356
$7,724
$8,110
$8,516
$8,942
$9,389
Monthly
Administrator
$84,072
$88,272
$92,688
$97,320
$102,192
$107,304
$112,668
Annual
Tier
$40.42
$42.44
$44.56
$46.79
$49.13
$51.59
$54.17
Hourly
0079
Human Resources Analyst
CON
659 $6,390
$6,709
$7,044
$7,396
$7,766
$8,154
$8,562
Monthly
$76,680
$80,508
$84,528
_ $88,752
$93,192
$97,848
$102,744
Annual
Tier 1
$36.87
$38.71
$40.64
$42.67
$44.80
$47.04
$49.40
Hourly
5079
Human Resources Analyst
CO2
659 $5,796
$6,086
$6,390
$6,709
$7,044
$7,396
$7,766
Monthly
$69,552
$73,032
$76,680
$80,508
$84,528
$88,752
$93,192
Annual
Tier
$33.44
$35.11
$36.87
$38.71
$40.64
$42.67
$44.80
Hourly
0017
Human Resources
CON
590 $4,306
$4,521
$4,747
$4,984
$5,233
$5,495
$5,770
Monthly
Secretary
$51,672
$54,252
$56,964
$59,808
$62,796
$65,940
$69,240
Annual
Tier 1
$24.84
$26.08
$27.39
$28.75
$30.19
$31.70
$33.29
Hourly
5017
Human Resources
CO2
590 $3,906
$4,101
$4,306
$4,521
$4,747
$4,984
$5,233
Monthly
Secretary
$46,872
$49,212
$51,672
$54,252
$56,964
$59,808
$62,796
Annual
Tier
$22.53
$23.66
$24.84
$26.08
$27.39
$28.75
$30.19
Hourly
0072
Human Resources
CON
627 $5,449
$5,721
$6,007
$6,307
$6,622
$6,953
$7,301
Monthly
Technician
$65,388
$68,652
$72,084
$75,684
$79,464
$83,436
$87,612
Annual
Tier 1
$31.44
$33.01
$34.66
$36.39
$38.20
$40.11
$42.12
Hourly
5072
Human Resources
CO2
627 $4,943
$5,190
$5,449
$5,721
$6,007
$6,307
$6,622
Monthly
Technician
$59,316
$62,280
$65,388
$68,652
$72,084
$75,684
$79,464
Annual
Tier
$28.52
$29.94
$31.44
$33.01
$34.66
$36.39
$38.20
Hourly
0245
Management Aide
CON
892 $5,295
$5,560
$5,838
$6,130
$6,436
$6,758
$7,096
Monthly
(Confidential)
$63,540
$66,720
$70,056
$73,560
$77,232
$81,096
$85,152
Annual
Tier l
$30.55
$32.08
$33.68
$35.37
$37.13
$38.99
$40.94
Hourly
5245
Management Aide
CO2
892 $4,803
$5,043
$5,295
$5,560
$5,838
$6,130
$6,436
Monthly
(Confidential)
$57,636
$60,516
$63,540
$66,720
$70,056
$73,560
$77,232
Annual
Tier
$27.71
$29.09
$30.55
$32.08
$33.68
$35.37
$37.13
Hourly
Resolution No. 17-17 Page 3 of 6
0084
Management Analyst
CON 872
$6,090
$6,394
$6,714
$7,050
$7,402
$7,772
$8,161
Monthly
(Confidential)
$73,080
$76,728
$80,568
$84,600
$88,824
$93,264
$97,932
Annual
Tier 1
$35.13
$36.89
$38.73
$40.67
$42.70
$44.84
$47.08
Hourly
5084
Management Analyst
CO2 872
$5,524
$5,800
$6,090
$6,394
$6,714
$7,050
$7,402
Monthly
(Confidential)
$66,288
$69,600
$73,080
$76,728
$80,568
$84,600
$88,824
Annual
Tier
$31.87
$33.46
$35.13
$36.89
$38.73
$40.67
$42.70
Hourly
0008
Office Specialist II
CON 561
$3,759
$3,947
$4,144
$4,351
$4,569
$4,797
$5,037
Monthly
(Confidential)
$45,108
$47,364
$49,728
$52,212
$54,828
$57,564
$60,444
Annual
Tier
$21.69
$22.77
$23.91
$25,10
$26.36
$27.68
$29.06
Hourly
5008
Office Specialist II
CO2 561
$3,410
$3,580
$3,759
$3,947
$4,144
$4,351
$4,569
Monthly
(Confidential)
$40,920
$42,960
$45,108
$47,364
$49,728
$52,212
$54,828
Annual
Tier
$19.67
$20.65
$21.69
$22.77
$23.91
$25.10
$26.36
Hourly
0055
Payroll Coordinator
CON 621
$5,590
$5,870
$6,164
$6,472
$6,796
$7,136
$7,493
Monthly
$67,080
$70,440
$73,968
$77,664
$81,552
$85,632
$89,916
Annual
Tier 1
$32.25
$33.87
$35.56
$37.34
$39.21
$41.17
$43.23
Hourly
5055
Payroll Coordinator
CO2 621
$5,070
$5,324
$5,590
$5,870
$6,164
$6,472
$6,796
Monthly
$60,840
$63,888
$67,080
$70,440
$73,968
$77,664
$81,552
Annual
Tier
$29.25
$30.72
$32.25
$33.87
$35.56
$37.34
$39.21
Hourly
0078
Principal Human
CON 669
$6,717
$7,053
$7,406
$7,776
$8,165
$8,573
$9,002
Monthly
Resources Analyst
$80,604
$84,636
$88,872
$93,312
$97,980
$102,876
$108,024
Annual
Tier f
$38.75
$40.69
$42,73
$44.86
$47.11
$49.46
$51.93
Hourly
5078
Principal Human
CO2 669
$6,092
$6,397
$6,717
$7,053
$7,406
$7,776
$8,165
Monthly
Resources Analyst
$73,104
$76,764
$80,604
$84,636
$88,872
$93,312
$97,980
Annual
Tier
$35.15
$36.91
$38.75
$40.69
$42.73
$44.86
$47.11
Hourly
0246
Senior Management
CON 895
$6,393
$6,713
$7,049
$7,401
$7,771
$8,160
$8,568
Monthly
Analyst (Confidential)
$76,716
$80,556
$84,588
$88,812
$93,252
$97,920
$102,816
Annual
Tier 1
$36.88
$38.73
$40.67
$42.70
$44.83
$47.08
$49.43
Hourly
5246
Senior Management
CO2 895
$5,799
$6,089
$6,393
$6,713
$7,049
$7,401
$7,771
Monthly
Analyst (Confidential)
$69,588
$73,068
$76,716
$80,556
$84,588
$88,812
$93,252
Annual
Tier
$33.46
$35.13
$36.88
$38.73
$40.67
$42.70
$44.83
Hourly
0052
Senior Programmer
CON 710
$7,941
$8,338
$8,755
$9,193
$9,653
$10,136
$10,643
Monthly
Analyst (Confidential)
$95,292
$100,056
$105,060
$110,316
$115,836
$121,632
$127,716
Annual
Tier
$45.81
$48.10
$50.51
$53.04
$55.69
$58.48
$61.40
Hourly
5052
Senior Programmer
CO2 710
$7,203
$7,563
$7,941
$8,338
$8,755
$9,193
$9,653
Monthly
Analyst (Confidential)
$86,436
$90,756
$95,292
$100,056
$105,060
$110,316
$115,836
Annual
Tier
$41.56
$43.63
$45.81
$48.10
$50.51
$53.04
$55.69
Hourly
Resolution No. 17-17 Page 4 of 6
0046 Systems & Programming
CON 730 $8,775
$9,214
$9,675
$10,159
$10,667
$11,200
$11,760
Monthly
Supervisor
$105,300
$110,568
$116,100
$121,908
$128,004
$134,400
$141,120
Annual
Tier 1
$50.63
$53.16
$55.82
$58.61
$61.54
$64.62
$67.85
Hourly
5046 Systems & Programming
CO2 730 $7,959
$8,357
$8,775
$9,214
$9,675
$10,159
$10,667
Monthly
Supervisor
$95,508
$100,284
$105,300
$110,568
$116,100
$121,908
$128,004
Annual
Tier
$45.92
$48.21
$50.63
$53.16
$55.82
$58.61
$61.54
Hourly
SECTION 3: Except as provided herein, all compensation, hours and other terms
and conditions of employment presently enjoyed by Confidential employees shall remain
in full force and effect unless changed subsequent to meetings between the City and
representatives of the "Confidential' employees.
SECTION 4: The City of Costa Mesa has contracted with the California Public
Employees Retirement System (CaIPERS) to provide retirement benefits to eligible City
employees. Employees will contribute towards the employee and employer contribution
as stipulated in the Memorandum of Understanding (MOU) with the Costa Mesa City
Employees Association. There will be no Employer Paid Member Contribution (EPMC).
SECTION 5: Amendments made pertaining to the fringe benefits, City Rules and
Regulations and other employment conditions for employees represented by the Costa
Mesa City Employees Association shall also apply to "Confidential' unrepresented
employees unless specifically excluded. Any positions that may qualify to be part of this
unrepresented unit shall be added as part of the process of adoption of salary schedules
after consultation with the bargaining unit and employees.
SECTION 6. All resolutions and parts of resolutions in conflict herewith are hereby
rescinded.
PASSED AND ADOPTED this 71h flay of March, 2017.
ATTEST:
Katrioa Fopy, Mayor
APPROVED AS TO FORM:
Thomas Duarte, City Attorney
Resolution No. 17-17 Page 5 of 6
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, Brenda Green, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that
the above and foregoing is the original of Resolution No. 17-17 and was duly passed and
adopted by the City Council of the City of Costa Mesa at a regular meeting held on the
7th day of March, 2017, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: STEPHENS, GENIS, AND FOLEY
NOES: COUNCIL MEMBERS: MANSOOR AND RIGHEIMER
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 8th day of March, 2017.
I&WA Ind os /*
' A
(SEAL)
Resolution No. 17-17 Page 6 of 6
ME
ORANDUM
OF IpNDERSTANDING
016
020
Costa Mesa
Between The Representative of the
Costa Mesa City Employees Association
And the City of Costa Mesa
CMCEA
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
PAGE
ARTICLE 1
RECOGNITION/PREAMBLE
4
ARTICLE 2
TERM OF AGREEMENT
5
ARTICLE 3
SALARIES AND WAGES
5
ARTICLE 4
OVERTIME PAY
6
ARTICLE 5
PREMIUM PAY, SPECIAL PAY & PAY ADJUSTMENTS
7
ARTICLE 6
RETIREMENT
10
ARTICLE 7
HEALTH INSURANCE AND RETIREE MEDICAL
BENEFIT PROGRAM
12
ARTICLE 8
LEAVES
13
ARTICLE 9
HOURS OF EMPLOYMENT
23
ARTICLE 10
ATTENDANCE
23
ARTICLE 11
MOVE -UP PAY LIMITATION
24
ARTICLE 12
TUITION REIMBURSEMENT & PROFESSIONAL DEVELOPMENT
24
ARTICLE 13
UNIFORM APPLICATION OF RULES
24
ARTICLE 14
COST OF SERVICES
24
ARTICLE 15
CLASSIFICATION & COMPENSATION INEQUITY ISSUES
25
ARTICLE 16
TEMPORARY EMPLOYMENT IN VACATED
CMCEA-REPRESENTED POSITIONS
26
ARTICLE 17
LABOR-MANAGEMENT DISCUSSIONS
26
ARTICLE 18
SUPERVISORY JOB CLASSIFICATIONS
26
ARTICLE 19
LAYOFF PROCEDURES
26
ARTICLE 20
GRIEVANCE AND DISCIPLINE PROCEDURES
28
ARTICLE 21
PERSONNEL RULES AND REGULATIONS
29
ARTICLE 22
DISABILITY DISCRIMINATION
29
ARTICLE 23
FAMILY AND MEDICAL LEAVE ACT
29
ARTICLE 24
BENEFIT REVIEW COMMITTEE
29
2
APPENDIX A CMCEA MEMORANDUM OF UNDERSTANDING -
SUPERVISORY CLASSIFICATIONS
APPENDIX B GRIEVANCE PROCEDURES
APPENDIX C DISCIPLINARY PROCEDURES
APPENDIX D 3/12 WORK SCHEDULE SIDE LETTER
31
32
34
41
ARTICLE 1 - RECOGNITION/PREAMBLE
1.1 By resolution of the City Council of the City of Costa Mesa and pursuant to the provisions of the
Meyers-Milias-Brown Act, Section 3500 et. Seq. of the California Government Code, the City of Costa
Mesa (hereinafter called the "City") has recognized the Costa Mesa City Employees Association
(hereinafter referred to as "ASSOCIATION" or "CMCEA") as the exclusive representative and agent for
collective bargaining for the employees in job classifications set forth herein.. The Association and the
City are the Parties to this agreement and are jointly recognized herein below as "The Parties."
1.2 This Memorandum of Understanding (MOU) has been prepared by representatives of the City and
representatives of CMCEA who have met and conferred in good faith, examining a number of proposals
and counter proposals concerning wages, hours of employment, fringe benefits and other terms and
conditions of employment for the employees of the City as defined in Section 1.1 herein.
1.3 It is the mutual understanding of the City and Association that this MOU shall be submitted to the
Costa Mesa City Council with the joint recommendation of the parties that the terms of this MOU be
adopted and that said City Council will take such other action as may be needed to implement its
provisions.
1.4 The wages, hours and other terms and conditions of employment specifically referenced in this
MOU shall remain in effect unless and until modified, amended or deleted by means of future meet and
confer processes, including impasse resolution procedures. If a tribunal of competent jurisdiction holds
that any part of this MOU is found to be insufficient, in conflict or inconsistent with other laws, regulations
or the obligations of the Parties as defined herein, or is otherwise held to be invalid, unlawful or
unenforceable, such part or provision, and only such part or provision shall be severed from this MOU or
shall be suspended or superseded by such applicable laws and regulations, to the extent that the
implementation thereof falls within the scope of representation , shall be controlled by the provisions of
Government Code Section 3500 et. seq.
1.5 For the term of this MOU, neither party shall be compelled to meet and confer with the other
concerning any issue expressly provided for in this MOU. Each Party to this MOU hereby expressly waives
its right to demand that the other Party meet and confer concerning any issue expressly covered herein.
However, nothing in this MOU shall prohibit these Parties from meeting and conferring over any issue
provided for in this MOU.
1.6 Continuous uninterrupted and efficient service to the City of Costa Mesa by the City and its
employees, and orderly employer-employee relations are essential considerations of this MOU.
Accordingly, CMCEA agrees on behalf of itself and its members, individually and collectively, that there
shall not be any strikes, non -informational picketing, boycotting, work stoppages, slow -down strikes or any
other concerted job actions or by refusal to render services, including overtime or any other curtailment or
restriction of work and services at any time.
1.7 CMCEA recognizes its duty and obligation to comply with the provisions of Section 1.6 of this
MOU and to make every reasonable effort to assure that all employees covered by this MOU similarly do
so. In the event of any concerted activity by employees in violation of the provisions or intent of Section
1.6, CMCEA hereby agrees to direct its members to cease said action or conduct forthwith. No employee
covered by this MOU shall be entitled to any benefits or wages whatsoever while engaged in activities
prohibited by Section 1.6.
1.8 The Parties hereby agree that all of the material terms and conditions of previous MOUS have been
complied with, and are hereby discharged and superseded by the adoption of this MOU.
1.9 All rights to manage, organize, direct and control the City's business, including all of the terms and
conditions of the employment of any employee of the City, which are not expressly limited, modified,
amended or eliminated by this or any other MOU, are retained exclusively by the City and its management
personnel. City Management also retains exclusive jurisdiction over any residual portions of any managerial
rights which have in part been limited, modified or amended by this MOU.
4
ARTICLE 2 - TERM OF AGREEMENT
The term of this MOU will commence on July 1, 2016, and will expire in the pay period which includes
June 30, 2020.
ARTICLE 3 - SALARIES AND WAGES
3.1 COMPENSATION - Employees covered by this MOU shall be compensated at the monthly base
salary rates established for their classification under the Basic Pay Schedule per City Council resolution.
An employee occupying a position in the classified service shall be compensated within the range
established for his or her position as provided in Rule 6 of the Personnel Rules and Regulations. The
minimum rate for the class generally shall apply to an employee upon his or her original appointment.
Employees who are re-employed shall receive a rate within the range established for the class and agreed
upon by the appointing authority and the employee prior to appointment. Any employees hired by the City
on or after City Council adoption of the 2013-16 MOU shall be subject to a modified basic pay schedule
which shall reflect an entry level pay step 10% less than Step 1 of the basic pay schedule as the latter may
from time to time exist (to be designated Step A) and a second entry level pay step which shall be 5% less
than Step 1 of the basic pay schedule as the latter may from time to time exist (to be designated Step B).
Additionally, Step 5 of the basic pay schedule, as it may from time to time exist, shall become the maximum
step that said employee shall be eligible to attain.
Steps 1-7 of the basic pay schedule as it existed immediately prior to City Council ratification of this MOU
shall be adjusted as follows:
Year 1 — Beginning with the first full pay period starting after ratification by the City Council:
2.5% increase for all classifications subject to this MOU.
Year 2 — Beginning with the first full pay period starting in July, 2017: 2.5% increase for all
classifications subject to this MOU.
Year 3 — Beginning with the first full pay period starting in July, 2018: 2.75% increase for all
classifications subject to this MOU.
Year 4 — Beginning with the first full pay period starting in July, 2019: 2.75% increase for all
classifications subject to this MOU.
3.2 MERIT SALARY ADVANCEMENT - No salary advancement within a classification shall be
made so as to exceed the maximum rate established in the pay plan. Advancement shall not be automatic
but shall depend upon increased service value to the City as recommended by his or her supervisor based
upon performance record, special training undertaken, length of service and other pertinent factors.
3.3 LABOR MARKETPLACE - The "labor marketplace" however defined, shall not mandate any
specific compensation adjustment yet may be one of many factors assessed by the parties in determining
levels of compensation. In assessing the labor marketplace, both public and private sector classifications
may be given consideration as a factor in assessing the "labor marketplace" indication of total compensation
levels. The "total compensation" of employees within the unit and in the "labor marketplace" may be a
factor in assessing compensation levels. "Total compensation" shall include but not be limited to the value
of City funded base salary, retirement, deferred compensation, retiree medical, health insurance,
unemployment insurance and all other forms of City -funded remuneration whether or not reflected in an
employee's W2.
ARTICLE 4 - OVERTIME PAY
4.1 OVERTIME PAY - If an employee is required to work longer than the normal work week or shift,
said employee shall be compensated for said approved overtime either (1) by being allowed one and one-
half (1-1/2) times the amount of actual overtime hours worked, to be taken as compensatory time off ("comp
time") without deduction from the employee's regular salary or compensation, or (2) by payment for such
overtime actually worked at a rate of one and one-half (1/1/2) times the employee's regular salary rate. The
determination of which method of crediting overtime is used is at the discretion of the department director
with the approval of the City Manager. Compensation for said overtime shall normally be included with
compensation for the pay period in which such overtime occurs. An employee may, with the department
director's approval, accumulate compensatory time to be taken during subsequent pay periods, with
departmental approval, to a maximum accumulation of sixty (60) hours for all other eligible employees.
However, all accrued compensatory time off shall be distributed to the employee in cash in December, but
not later than December 31 of each year. The distribution shall be at the employee's hourly rate at the time
of distribution.
Paid leave shall not be considered hours worked for purposes of computing overtime eligibility.
4.2 COMP TIME CASH -OUT - Employees will be allowed to cash -out up to 40 hours of
compensatory time (time off accrued in lieu of paid overtime) in any payroll period. The maximum accrual
of comp time for employees who work with regard to the below -listed holidays shall be 60 hours.
4.3 COURT ON-CALL PAY - If an employee receives a job-related subpoena to be on-call for court
while in a non -paid status (time off), he or she shall receive two hours at the base salary rate for each court
session.
4.4 MOVE UP OVERTIME - The base rate applicable to a move -up pay will be included in the
calculation of the overtime premium pay.
4.5 CALL BACK DUTY - Employees who are recalled to active duty from off-duty not as an
extension of the scheduled or normal work shift will be considered to be "on call" and shall receive overtime
compensation at one and one-half times (1 %2) the employee's base rate of pay for time actually worked after
reporting to the place of duty or just two (2) hours of overtime pay, whichever is greater. Employees who
are able to handle the incident by phone or other electronic means without reporting to duty shall be
compensated according to the same callback provisions.
4.6 CALL RESPONSE DURING LUNCH PERIODS - Hours worked for computation of overtime
eligibility shall include responses to a service call during the lunch period.
4.7. COMPENSATORY TIME OFF (CTO) FOR NON -SWORN EMPLOYEES IN THE
TELECOMMUNICATIONS DIVISION AND POLICE DEPARTMENT WHO WORK WITHOUT
REGARD TO HOLIDAYS - A written request for C.T.O. shall be made and approved no later than 24
hours prior to the requested time off. The shift supervisor of the individual requesting C.T.O. shall approve
or deny the request.
All employees (on a first come, first served basis) who submit a request for time off may utilize accrued
compensatory time off ("CTO"), provided their vacancy does not result in less than minimum staffing levels
on the shift they are scheduled to work. This policy is subject to suspension in emergency situations at the
discretion of the Department Director or his/her designee.
Employees assigned to rotating shifts may not submit a CTO request more than 30 calendar days in advance
of the shift rotation in which the CTO day off would fall.
Employees will submit their request to the shift supervisor who shall immediately determine if the CTO
request may be granted if it does not take the shift below minimum staffing.
If the CTO vacancy would result in less than minimum staffing levels, the employee will be required to
identify an alternate date to take CTO or make approved arrangements for a shift trade. A shift trade will
not result in paid or CTO compensation for regular hours worked.
The practice of shift trading shall be voluntary on behalf of each employee involved in the trade. The trade
must be due to the employee's desire or need to attend to a personal matter and not due to the department's
operations. The employee providing the trade shall not have his/her compensable hours increased as a
result of the trade; nor shall the employee receiving the trade have his/her compensable hours decreased as
a result of the trade. Any premium pay or other extra compensation will be waived for both individuals
during the period they work for the other. Any hours worked beyond the normal workday will be credited
to the individual actually doing the work.
"Paybacks" of shift trades are the obligation of the two employees involved in the trade. Paybacks are to
be completed within the shift deployment of the initial shift trade. Any dispute as to paybacks is to be
resolved by the involved employees, and under no circumstances will the department be obligated for any
further compensation whatsoever to any of the involved employees. The department is not responsible in
any manner for hours owed to employees by other employees that leave the employment of the City or are
assigned other duties. Shift trades are not subject to the grievance procedure.
If one individual fails to appear for the other (regardless of the reason), the person who was originally
scheduled will be listed as absent without leave and may be subject to disciplinary action.
A record of all initial shift trades and "paybacks" shall be maintained by the involved employees on forms
provided by the department ("Shift Trade Log").
ARTICLE 5 - PREMIUM PAY, SPECIAL PAY AND PAY ADJUSTMENT
According to California Code of Regulations Sections 571(a) and (b) the following premium and special
pays will be reported to CalPERS as special compensation:
5.1 BILINGUAL PAY - Applicable only to employees in the job classifications determined and
approved by the City Manager and when assigned to utilize their bilingual abilities: 5% over assigned rate.
The City will pay for the training or the skill for bilingual pay, but not both. Employees must be certified
annually by their department director and may be tested by the Human Resources Division annually to
verify their foreign language proficiency in order to maintain eligibility for said bilingual pay. The City
will pay for one test per year per employee. An employee may take the test more than once during the year
at his or her own expense. A second level of proficiency, designed for employees who are capable of
"speaking only" shall receive 2.5% over assigned rate. Testing procedures will be determined and
administered by the City. This level of proficiency is not intended to replace "higher" level of proficiency
indicated above, nor to "demote" employees currently receiving that level of benefit; providing they
maintain appropriate proficiency. The City agrees to receive CMCEA input as to what languages should
be considered for the bilingual program.
The following standard of spoken Spanish, Vietnamese, or American Sign Language is followed for the
2 '/z% Certification:
A. The applicant has the ability to create with language, recombining and adapting learned
material to express personal meaning and can handle simple situations and transactions in the
course of his/her work such as explanation of procedures, obtaining personal information,
instructions to victims and onlookers, among others.
B. The applicant is able to maintain simple face-to-face conversations, asking and answering
questions regarding everyday survival on topics most related to self and immediate work
environment; courtesy requirements, and personal needs during the course of routine calls not
likely to be of a life or death nature.
C. The applicant can be understood with some repetition by a sympathetic native speaker.
D. The applicant demonstrates mastery of work-related vocabulary including: time, days of the
week, months, family members, parts of the body, motions and states, greetings, home and
community, food and beverages, alphabet and numbers, vehicles, simple commands,
interrogatory words, etc.
E. Accuracy is required in the present tense and gender distinctions.
F. Core vocabulary of 300-600 words.
The 5% Certification requires:
A. Accuracy in present and past tenses.
B. Core vocabulary of 600-1200 words.
C. Exhibits good pronunciation, stress, and intonation skills as judged by the ability to be
understood with little repetition or confusion by native speaker.
D. Ability to interview the victim of a crime or accident or other situation involving a native
speaker of Spanish or Vietnamese and the conduct simple interrogations and investigations
which could be of a life or death nature.
E. Ability to understand description, narration, main ideas and details on a variety of topics
beyond the immediate situation.
5.2 MATRON PAY - The City will endeavor to ensure that non -sworn staff will not be assigned to
perform this duty, pursuant to Police Department policy. However, when required as an incidental
assignment for non -sworn personnel other than Custody Officer, 5% of base salary will be paid as
compensation for a trained person whenever he or she performs the matron duty.
5.3 "EMD" CERTIFICATION PAY - Telecommunication Division employees trained, designated
and certified to utilize Emergency Medical Dispatch techniques, shall receive 5% above their assigned rate
of pay.
5.4 STANDBY PAY - Employees who are released from active duty but who are required by their
department to leave notice where they can be reached and be available to return to active duty when required
by the department at any time other than their regularly scheduled working hours, shall be said to be on
standby duty. An employee assigned to standby duty shall be paid at the rate of thirteen (13) straight time
hours at his or her regular rate of compensation for each week so assigned, plus compensation for each hour
actually worked pursuant to the callback provisions. If a holiday falls within the assigned standby week,
an additional four (4) hours at the employee's regular rate will be given to the person assigned to standby.
Employees on standby duty must remain within a reasonable commuting distance in which the employee
must be able to respond to the worksite within one hour of being called. During standby duty, the employee
must refrain from activities that might impair his or her ability to respond or perform assigned duties in a
satisfactory manner.
5.5 SAFETY SHOE ALLOWANCE - For those employees covered under the City's Safety Shoe
Program and who meet the criteria for the replacement, repair or purchase of safety shoes, the City agrees
to fully pay for the shoe that meets the minimal standard established by the program. The City's Purchasing
Division will annually confirm the amount. All safety shoes/boots purchased under this program must have
steel enforced toes and insteps and bear the official stamp of approval from the American National
Standards Institute (ANSI).
5.6 SHIFT ASSIGNMENT PAY - The City will pay employees in CMCEA-represented
classifications who are continuously and regularly assigned to a schedule which requires that he or she
actually work a minimum of five (5) hours between the hours of 3:00 p.m. and 7:00 a.m. a shift differential
as defined below:
A. A Night Shift Differential of 5% over the assigned rate per shift for all CMCEA represented
classifications assigned to work a night (swing) shift schedule which begins at 3:00 p.m. or
later.
B. A Morning Shift Differential of 10% over the assigned rate per shift for all CMCEA represented
classifications assigned to work a morning (graveyard) shift schedule which begins at 11:00
p.m. or later.
C. Employees working a Cross -Over Shift schedule beginning in one shift, but including at least
five (5) hours worked into a Night or Morning Shift as defined above, will be compensated
for those five or more hours at the appropriate Shift Differential rate.
5.7 SHORTHAND ASSIGNMENT PAY - Shorthand is a desirable requirement for all secretarial
classifications. The City will pay a 2.5% monthly assignment differential for each full month that an
incumbent in a secretarial classification is assigned by the Department Director to utilize the ability to take
dictation at a minimum rate of 70 words per minute. In order to receive and maintain the monthly
assignment differential, the incumbent must have successfully passed the City's shorthand test and the
Department Director must annually certify that the incumbent routinely utilizes the skill in the workplace.
5.8 CLASS A and B LICENSE INCENTIVE PAY - Effective August 2, 2009, eligible employees
assigned to positions requiring daily operation of equipment requiring a valid Class A/B California Driver's
License shall receive an annual $700 incentive bonus, subject to the following eligibility criteria:
A. Eli ibili — The employee must meet all of the following in order to be eligible for the annual
bonus incentive:
• Employee must be assigned to a position requiring daily operation of equipment requiring
a valid Class A/B California Driver's License.
• As a condition of employment, employee must obtain and maintain the required California
Driver's license and endorsements (airbrakes, tanker, and manual transmission).
• Employee must have a rating of "meets standards" or higher on the employee's most recent
annual performance evaluation.
• Employee must have successfully completed probation.
• Employee must have successfully passed the DMV Medical examination.
B. Payment of Annual Incentive — Upon implementation, each eligible employee shall receive a
pro -rated incentive based upon the number of pay periods between August 2, 2009 and the
employee's anniversary date subject to satisfactory performance and recommendation from the
employee's supervisor. In following years, eligible employees shall receive this annual
incentive bonus on their respective anniversary date. Employees must receive a rating of "meets
standards" or higher on their most recent annual performance evaluation and submit a copy of
their current Class AB California Driver's License and current DMV medical certification
prior to receipt of the bonus. The amount of the annual bonus will be reported to Ca1PERS as
"compensation earnable."
C. Lapse of License — Any eligible employee assigned to positions requiring daily operation of
equipment requiring a valid Class A/B California Driver's License who allow their Class A/B
California Driver's License to lapse may be subject to discipline up to and including
termination. Any annual incentive bonus to be paid on their next anniversary date will be
reduced on a prorated basis.
D. DOT Drug and Alcohol Testing Regulations - Eligible employees assigned to positions
requiring daily operation of equipment requiring a valid Class A/B California Driver's License
will be subject to the DOT Drug and Alcohol Testing Regulations and the City's Drug &
Alcohol Policy adopted pursuant to the DOT Regulations.
E. License and DMV Physical Fees - any employees who successfully renew their Class AB
California Driver's Licenses or acquire a new license upon starting a new assignment requiring
a Class A/B California Driver's License shall, upon submission of a receipt by the employee,
be reimbursed by the City for the difference in fee charged by the DMV between such license
and a Class C Driver's license. The cost of the DMV physical/medical exam will be scheduled
and paid by the City, provided such exam is performed by the City's designated
provider/physician.
ARTICLE 6 - RETIREMENT
6.1 Ca1PERS - Unit members who do not meet the definition of "new member" under the California
Public Employees' Pension Reform Act of 2013 (PEPRA) (those unit members shall be referred to as
"classic members") are enrolled in either the Ca1PERS retirement plan provided for by Government Code
§ 21354.4, and commonly referred to as the 2.5% at age 55 retirement plan ("tier 1"), or in accord with the
Side Letter of Agreement extending the 2004-2009 MOU to March 31, 2013, the 2% at 60 formula provided
for by Government Code § 21353 ("tier 2").
6.2 Effective the first payroll period commencing on or after adoption by the City Council of the 2013-
2106 MOU, all unit members defined as "classic" members shall individually fund 100% of their statutorily
required member contribution to Ca1PERS, as that amount may from time to time exist. Effective
concurrent with adoption of this MOU, the statutorily required member contribution for tier 1 unit members
is 8% of compensation earnable and for tier 2 members, 7% of compensation earnable.
6.3 The parties agree pursuant to Government Code § 20516(a) and (f), that each unit member (both
classic and new members) shall share the cost of the employer Ca1PERS contributions in the following
amounts, which shall be made through payroll deductions:
A. Classic Members:
Year 1 - Beginning with the first full pay period after ratification of this MOU by the City
Council: Cost sharing for tier 1 shall be 2.469% of compensation earnable pursuant to
Government Code section 20516(a) and 3.531% of compensation earnable pursuant to
Government Code section 20516(f). Cost sharing for tier 2 shall be 7% of compensation
earnable pursuant to Government Code section 20516(f). The total contribution by each tier 1
and tier 2 unit member will be 14% of compensation earnable, inclusive of statutory employee
contributions and all cost sharing.
Year 2 - Beginning with the first full pay period starting in July, 2017: Cost sharing for tier 1
shall be 2.469% of compensation earnable pursuant to Government Code section 20516(a) and
2.531% of compensation earnable pursuant to Government Code section 20516(f). Cost
sharing for tier 2 shall be 6% of compensation earnable pursuant to Government Code section
20516(f). The total contribution by each tier 1 and tier 2 unit member will be 13% of
compensation earnable, inclusive of statutory employee contributions and all cost sharing.
Year 3 and after - Beginning with the first full pay period starting in July, 2018: Cost sharing
for tier 1 shall be 2.469% of compensation earnable pursuant to Government Code section
20516(a) and 1.531% of compensation earnable pursuant to Government Code section
20516(f). Cost sharing for tier 2 shall be 5% of compensation earnable pursuant to Government
Code section 20516(f). The total contribution by each tier 1 and tier 2 unit member will be
12% of compensation earnable, inclusive of statutory employee contributions and all cost
sharing.
10
B. New Members: Under PEPRA (see section 6.5 below):
Year 1 - Beginning with the first full pay period after ratification of this MOU by the City
Council: Cost sharing shall be 7.25% of pensionable compensation pursuant to Government
Code section 20516(f), for a total contribution for each unit new members of 14% of
pensionable compensation, inclusive of statutory employee contributions and cost sharing.
Year 2 - Beginning with the first full pay period starting in July, 2017: Cost sharing shall be
6.25% of pensionable compensation pursuant to Government Code section 20516(f), for a total
contribution by each unit new members of 13% of pensionable compensation, inclusive of
statutory employee contributions and cost sharing.
Year 3 and after - Beginning with the first full pay period starting in July, 2018: Cost sharing
shall be 5.25% of pensionable compensation pursuant to Government Code section 20516(f),
for a total contribution by each unit new members of 12% of pensionable compensation,
inclusive of statutory employee contributions and cost sharing.
The cost sharing amounts may change from time to time for new members in the event
CalPERS revises the normal cost for the City's benefits. In no event during the term of this
MOU will the total contributions by unit new members exceed the total contributions listed
above. At the time that this MOU was ratified, new members had an employee contribution of
6.75%, which is 50% of the normal cost of 13.5%.
C. As of the adoption date of this MOU the cost sharing paid by all unit members will not presently
be in an amount uniform as to all local miscellaneous members. Therefore, except for the first
2.469% of compensation earnable paid by tier 1 unit members pursuant to the City's contract
amendment with CalPERS under Government Code section 20516(a), this cost sharing
agreement shall be made pursuant to Government Code § 20516(f) which provides that nothing
in section 20516 shall preclude a contracting agency and its employees from independently
agreeing in a memorandum of understanding to share the costs of any benefit, in a manner
inconsistent with this section. Thus, this cost sharing MOU provision shall not be part of the
contract between the Ca1PERS system and the City and shall therefore be effective concurrent
with the first payroll period commencing on or after adoption by the City Council of this MOU
and shall be made by payroll deductions.
It is the intention of the City and CMCEA that employee -paid employer contributions
hereunder ("cost sharing contributions") be designated and treated as pre-tax "pick up"
contributions under the provisions of Section 414(h)(2) of the Internal Revenue Code.
However, the City does not warrant the treatment of these employee cost sharing contributions
as being pre- or post tax. Further, the City shall not be required to commence any action to
determine or preserve any pre or post income tax characterization of such contributions. If the
IRS or other entity of competent jurisdiction rejects treatment of the "pick up" as being pre-
tax, the City shall concurrently comply with such determination. Any effected employee shall
be individually responsible for funding any resultant retroactive tax and/or penalty liability.
The Association releases the City from bearing any liability to the Association as regards this
Section 6.3 C. except for any intentional acts of malfeasance.
Subject to the foregoing, the parties agree to use reasonable efforts to establish and/or confirm
the pre-tax characterization of such contributions. However, the taking of such "reasonable
efforts," shall not relieve the City of complying with the directive issued by the IRS or other
agency of competent jurisdiction.
6.4 There shall be no sunset date to any provision in this Article 6.
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6.5 THE CALIFORNIA PUBLIC EMPLOYEES' PENSION REFORM ACT OF 2013 (PEPRA)
- As it may from time to time exist, the PEPRA shall in its entirety be given full force and effect. Any
provision in this MOU which contradicts any provision of the PEPRA, shall be deemed null and void, with
the contrary PEPRA provision(s) being given full force and effect. Therefore, no provision of PEPRA shall
be deemed to impair any provision of this MOU or any MOU, Agreement, Rule or Regulation predating
this MOU. PEPRA includes, but is not limited to, the provisions described below:
Unit members hired on and after January 1, 2013, deemed to be a "new member" as defined in Government
Code § 7522.04, shall individually pay an initial Member CALPERS contribution rate of 50% of the normal
cost rate for the Defined Benefit Plan in which said "new member" is enrolled, rounded to the nearest
quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater.
Unit members who are "new members" and miscellaneous employees on and after January 1, 2013, shall
be enrolled in the PEPRA provided for 2% @ 62 retirement formula (Govt. Code § 7522.20).
Unit members who are "new members" on and after January 1, 2013, shall have "final compensation"
measured by the highest average annual pensionable compensation earned by the member during a period
of at least 36 consecutive months (Section 7522.32.), and their retirement benefits shall be calculated based
on "pensionable compensation" (Section 7522.10) rather than "compensation earnable" (Section 20636).
ARTICLE 7 - HEALTH INSURANCE AND RETIREE MEDICAL BENEFIT PROGRAM
7.1 IRS SECTION 125 BENEFIT PLAN - The City shall continue to provide the amounts listed
below toward the payment of premium for employees covered by this Agreement under an IRS Section 125
Benefit Plan. The current core benefits include life and long term disability insurance. Medical insurance
is a core benefit which a City employee is required to carry unless he or she is covered by another medical
insurance plan with comparable coverage at the end of the open enrollment period.
7.2 PERS HEALTH BENEFITS PROGRAM - Employees shall have the option of choosing medical
coverage under the Public Employees' Retirement System Health Benefits Program.
7.3 CONTRIBUTION AMOUNT - The City's contribution as of January 1, 2007 was $674 per month
per employee towards a flexible benefit account. Effective January 1, 2008, the City's contribution amount
was $799 per month. Effective the first payroll period commencing on or after City Council adoption of the
2013-2016 MOU, but not earlier than July 1, 2014, the City's contribution towards a flexible benefit account
was $919 per month prior to City Council adoption of this MOU. The City's contributions towards a
flexible benefits account shall increase as follows.
Year 1— Beginning with the first full pay period starting after ratification of this MOU by the City
Council, the monthly contribution for all classifications subject to this MOU shall be increased
from $919 to $1,100.
Year 2 — Beginning with the first full pay period starting in July, 2017: the monthly contribution
for all classifications subject to this MOU shall be increased to $1,200.
Year 3 — Beginning with the first full pay period starting in July, 2018: the monthly contribution
for all classifications subject to this MOU shall be increased to $1,300.
Year 4 and after — Beginning with the first full pay period starting in July, 2019: the month
contribution for all classifications subject to this MOU shall be increased to $1,400.
Opt Out: All employees must enroll in an available City health program unless they opt out. In order to
opt out, an employee must provide the following: (1) proof that the employee and all individuals for whom
the employee intends to claim a personal exemption deduction for the taxable year or years that begin or
end in or with the City's plan year to which the opt out applies ("tax family"), have or will have minimum
essential coverage through another source (other than coverage in the individual market, whether or not
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obtained through Covered California) for the plan year to which the opt out arrangement applies ("opt out
period"); and (2) the employee must sign an attestation that the employee and his/her tax family have or
will have such minimum essential coverage for the opt out period. An employee must provide the
attestation every plan year at open enrollment or within 30 days after the start of the plan year. The opt -out
payment cannot be made and the City will not in fact make payment if the employer knows that the
employee or tax family member doesn't have such alternative coverage, or if the conditions in this
paragraph are not otherwise satisfied.
7.4 DISCONTINUANCE OF MEDICAL PLAN WAIVER - In 1994, the City began deducting $16
per pay period from employees "flex bucket" allocation consistent with the Public Employees' Medical and
Hospital Care Act requirement that employees and retirees receive an equal contribution from the city
toward the medical plan. In addition, employees who chose to waive medical coverage ("waivered
employees") were also charged the $16 per pay period for equity reasons as an administrative fee. Over
the years, the Government Code (PERS Law) increased the $16 amount and the employees, retirees and
"waivered employees" were required to deduct the new amounts from the flex buckets each month. The
amount increased to $32.20 in 2004, $48.40 in 2005, $64.60 in 2006, $80.80 in 2007 and increased to $97
in 2008. Starting calendar year 2009, the calculated adjustments have been based upon the medical care
component of the CONSUMER PRICE INDEX -URBAN (CPIU). During 2013, the amount increased to
$115 and will increase to $119 in 2014. The amount of the deduction from the flex bucket is annually
adjusted pursuant to Government Code § 22892(b)(F)(2).
The City and CMCEA mutually agree that there is no continuing need that waivered employees need to be
tied to the PEMHCA deduction. Therefore, effective the pay period including July 1, 2007, employees who
have provided proof of other medical insurance in accordance with the City's requirements, will be eligible
to receive the full flex bucket contribution, without a reduction for medical coverage waiver. This provision
acknowledges that this issue is resolved in its entirety and no retroactive adjustments will be made regarding
the waiver program.
7.5 QUALIFICATION FOR FLEX CONTRIBUTION - Employees must receive compensation for
the entire pay period to receive the flexible benefit contribution amount. Use of accrued leave qualifies as
compensation for this purpose. Employees will be ineligible for the flexible benefit contribution if the
employee records absence without pay hours within the pay period. Disciplinary actions will not disqualify
an employee from receiving the flex contribution. Catastrophic illness leave donations to employees will
not meet the qualifications for the flex contribution.
7.6 RETIRED EMPLOYEES' MEDICAL PROGRAM - Unit employees hired prior to City
Council adoption of the 2013-2016 MOU, will participate in the retiree life and medical insurance programs
as defined in City Council Policy 300-1.The City shall continue to provide life and medical insurance for
retired employees of the City as defined in Council Policy 300-1.
7.7 REOPENER - The City may reopen negotiations on the issue of health insurance benefits or
cafeteria plan (including, as to both, but not limited to, plan benefits or structure, City or employee
contributions and/or opt out amount or requirements) in order to avoid penalties or taxes under the ACA
that may result from an interpretation of the ACA by the Internal Revenue Service or other federal agency
(including, but not limited to, a revenue ruling, regulation or other guidance) or a ruling by a court of
competent jurisdiction.
ARTICLE 8 - LEAVES
8.1 LEAVES OF ABSENCE - For the purpose of computing an employee's entitlement to a leave of
absence, an employee's continuous service shall be based on the employee's date of initial probationary
employment with the City. This date shall be the employee's anniversary date for vacation and sick leave
purposes subject to the provisions contained herein.
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8.2 VACATIONS
A. The purpose of annual vacation leave is to enable each eligible employee to spend a reasonable
amount of time away from his or her job and to return to work refreshed. Any leave of absence
without pay shall not accrue vacation leave for each full pay period of such absence.
B. Regular full-time employees in the classified services with an average workweek of forty (40)
hours, employed by the City prior to adoption by the City Council of the 2013-2016 MOU,
shall receive annual vacations with pay in accordance with the following provisions:
1. After continuous full-time service amounting to one (1) year or more, an employee shall
have earned paid vacation at the rate of ninety-two (92) working hours per year.
2. Upon completion of three (3) years of continuous full-time service, but less than five (5)
years of continuous full-time service, such employee shall earn one hundred sixteen (116)
working hours per year.
3. Upon completion of five (5) years of continuous full-time service, but less than ten (10)
years of continuous full-time service, such employee shall earn one hundred forty (140)
working hours per year.
4. Upon completion of ten (10) years of continuous full-time service, but less than fifteen (15)
years of continuous full-time service, such employee shall earn one hundred sixty-four
(164) working hours per year.
5. Upon completion of fifteen (15) years of continuous full-time service such employee shall
earn one hundred eighty-eight (18 8) working hours per year.
6. Upon completion of twenty (20) years of continuous full-time service, such employee shall
earn two hundred twelve (212) working hours per year.
C. Regular full-time employees in the classified service with an average workweek of 40 (forty)
hours and who have been employed by the City on and after adoption by the City Council of
the 2013-2016 MOU shall receive annual vacations with pay in accordance with the following
provisions:
1. Upon completion of a continuous one (1) year of full-time service, said employee shall
earn forty (40) working hours of vacation.
2. Upon completion of two through and including five (2-5) years of continuous full-time
service, the employee shall earn eighty (80) working hours of vacation per year.
3. Upon completion of six (6) years of continuous full-time service and all years thereafter,
the employee shall earn one hundred twenty (120) working hours of vacation per year.
D. Maximum Accumulation of Vacation Leave - Effective concurrent with adoption by the City
Council of the 2013-2016 MOU, all unit members shall be permitted to accumulate not greater
than three hundred twenty (320) hours of vacation leave. Any unit member having
accumulated in excess of three hundred twenty (320) hours prior to adoption by the City
Council of the 2013-2016 MOU shall not accrue any additional vacation leave hours unless or
until through use or cash out, said balance becomes less than three hundred twenty (320)
vacation leave hours. In no case shall said unit members be allowed to again accumulate in
excess of three hundred twenty (320) hours of vacation leave.
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E, Vacation Leave Cash Outs
1. During the first payroll periods commencing on and after January 1, April 1, July 1 and
October 1 of each year, unit members shall have the option of converting up to eighty (80)
hours of earned and accrued vacation leave to cash for every forty (40) hours of vacation
leave used during said quarterly period of time.
2. During the payroll period commencing each July 1, unit members shall have the option of
reducing the three hundred twenty (320) hour maximum vacation leave accrual to two
hundred forty (240) hours. Any unit member having in excess of three hundred twenty
(320) accumulated vacation leave hours prior to adoption by the City Council of the 2013-
2016 MOU, shall have the option of reducing that accumulation to two hundred forty (240)
hours by means of cash conversion of those hours in excess of two hundred forty (240).
F. Scheduling of Vacation Leave - It is the employee's responsibility to request, schedule and use
vacation time to avoid exceeding the maximums. However, in the event the maximum is
reached, the City has the right to schedule the employee off in order to reduce the accrued hours
to be within the cap.
Employees must submit vacation requests in a timely manner in accordance with the
Department requirement and as appropriate for the employee's Departmental operational
needs.
Departments which have 24 hours a day/7 days a week operations have established request
procedures that require significant advance notice so all vacation requests may be coordinated
as fairly as possible based upon the operational needs of the Department and or Division.
G. Departmental Needs & Exception - When an employee submits a timely vacation leave request
and the Supervisor and/or the Department Director must deny it due to the operational needs
of the City and/or Department, an exception may be granted by the Department Head with a
written explanation from the employee's supervisor and advance approval from the City
Manager. If such an exception is granted, a cash -out of the excess, accrued vacation time in
excess of the maximum amount allowed will be processed for the pay period in question. There
will be no approvals for Vacation Leave Accrual beyond the Maximum Accrual Level.
Should a scheduled Vacation Leave have to be cancelled by the Department Head due to the
operational needs of the City/Department, an exception for a "Cash -Out" may be granted by
the Department Head with a written explanation from the employee's supervisor and advance
approval from the City Manager.
H. Vacation Leave Procedures
1. Vacation leave taken shall not be in excess of that actually earned at the time it is taken.
Regular and probationary represented employees may be granted vacation leave as accrued
from date of hire after six (6) months of continuous full-time employment.
2. Annual vacation leave shall normally be taken at one time. However, the department
director, upon approval of the City Manager, may permit a modification of this
requirement.
3. The time during the calendar year at which an employee shall take his or her vacation shall
be determined by the department director with particular regard for the need for the
employee's services and due regard for the wishes of the employee.
4. In the event one or more municipal holidays fall within a vacation leave, vacation may be
extended accordingly for those employees eligible for such holiday.
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5. An employee shall not earn vacation entitlement for time spent on a voluntary leave of
absence without pay.
Pay in lieu of vacation will not be granted, except on termination of employment.
However, the City Manager may authorize pay in lieu of vacation under extenuating
circumstances.
I. Terminal Vacation Pay - Upon termination, a permanent employee will receive compensation
at his or her current rate for all unused earned vacation through the date of termination.
8.3 SICK LEAVE
A. The "Sick Leave Bank"
Separate and distinct from the below described primary and secondary sick leave banks (which
shall be phased out), effective the first payroll period commencing on or after adoption by the
City Council of the 2013-2016 MOU, there shall be established what shall be referenced as
"THE SICK LEAVE BANK," Effective the first payroll period commencing on or after
adoption by the City Council of the 2013-2016 MOU and the first payroll period commencing
on or after July 1 of each year thereafter, there shall be established THE SICK LEAVE BANK
in an amount not to exceed one hundred ninety-two (192) hours of available sick leave use.
The employee eligible to utilize sick leave shall have the option of the sick leave usage being
deducted from either THE SICK LEAVE BANK or from the primary/secondary sick leave
bank as described below. Effective July 1 of each year following adoption by the City Council
of the 2013-2016 MOU, THE SICK LEAVE BANK shall be augmented with a maximum of
ninety-six (96) hours of credited sick leave, but in no case shall the annual augmentation result
in more than one hundred ninety-two (192) hours in THE SICK LEAVE BANK on July 1 of
any year. (For example, if on July 1 of any given year THE SICK LEAVE bank reflects a
balance of one hundred thirty-two (13 2) hours, that employee's bank would receive a sixty (60)
hour augmentation. On the other hand, if THE SICK LEAVE BANK reflected a balance of
fifty (50) hours, the employee would receive a ninety-six (96) hour augmentation, resulting in
a then total accumulation of one hundred forty-six (146) hours.) The sick leave hours in THE
SICK LEAVE BANK shall have no cash value, shall not be convertible to cash or to any other
form of compensation and shall not be convertible to PERS service credit.
B. The Primary and Secondary Sick Leave Accounts.
Unit members hired on and after adoption by the City Council of the 2013-2016 MOU shall
not be eligible to participate in primary and/or secondary sick leave banks. As regards unit
members having funded primary and/or secondary sick leave banks prior to adoption by the
City Council of the 2013-2016 MOU, the following governing rules shall apply:
1. Effective on and after adoption by the City Council of the 2013-2016 MOU:
a. There shall be no augmentation of the primary and/or secondary sick leave banks.
b. The hours in the primary and/or secondary sick leave banks shall have no cash value
and shall not be converted to cash or any other form of compensation.
c. Notwithstanding the above, the hours within the primary and/or secondary sick leave
banks shall at the option of the employee, be convertible to service credit pursuant to
Government Code § 20965.
C. Sick leave shall be used in case of a bona fide illness of the employee. Sick leave may also be
used for serious illness or emergency of his or her child, parent, spouse or domestic partner
who is incapacitated and/or requires the service of a physician, and when the presence of the
employee is required. At the conclusion of the emergency, said employee shall return to work
as soon as possible. The employee taking such sick leave shall notify their immediate
supervisor prior to or within one-half (1/2) hour after the time set for the beginning of his or
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her scheduled shift or the commencement of his or her work assignment, or as otherwise
specified by the department. When absence is for more than three (3) scheduled shifts, the
employee may be required to present a physician's release to the department director indicating
that the physician is knowledgeable of the essential functions of the employee's job and that in
the doctor's medical opinion that the employee is medically fit to return to the employee's
regular job. If the employee is not able to perform the essential functions of his or her job, the
physician's release must indicate what essential functions of the employee's job cannot be
performed by the employee, and for how long of time the employee will be unable to perform
these functions in the doctor's opinion. Said physician's release may be required by the
department director. The department director shall forward the certificate to the Assistant City
Manager for filing.
D. The City Manager, upon written request, may grant that accrued sick leave may be taken by
the employee when the employee's services are required by his or her relative which may be
outside the employee's immediate household.
E. Accrued vacation leave normally will be used for sickness when all of an employee's
accumulated sick leave has been exhausted. An employee may volunteer to use compensatory
time off when all of his or her accumulated sick leave has been exhausted. This accrued time
may also be utilized to supplement Long Term Disability insurance, provided the supplemental
does not exceed 100 percent of the employee's regular rate of pay.
F. Sick Leave During Vacation - An employee who becomes hospitalized or seriously ill or
injured while on vacation may have such period charged to his or her accumulated sick leave
instead of to the vacation provided:
1. Immediately upon return to duty, the employee submits to his or her department director a
written request for sick leave and a written statement signed by his or her physician stating
that the employee had a serious illness or injury and dates of his or her serious illness or
injury.
2. The department director recommends and the City Manager approves the granting of such
sick leave.
3 Other Limitations - No employee shall be entitled to accrue or to take sick leave with pay
while absent from duty for any of the following reasons:
a. Disability or illness arising from employment other than with the City of Costa Mesa.
b. Leave of absence without pay.
c. Absence due to any reason other than certifiable illness.
G. Penalty For Sick Leave Abuse - Employees who abuse sick leave may be denied sick leave
pay, and may incur other discipline up to and including termination. When, in the judgment of
the department director, the employee's reasons for being absent are inadequate, he or she shall
change the payroll time report to indicate that the absence was leave without pay. Employees
shall then have the right of appeal through the appropriate administrative processes prior to any
loss of pay for suspected abuse of sick leave.
H. Extended Sick Leave - On written request of the employee and recommendation by the
department director, the City Manager may authorize a leave of absence without pay for the
purpose of recovering from an illness, provided:
The employee has used up all of his or her accumulated sick leave, but may retain
compensatory time and vacation time.
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2. The employee presents to his or her department director an estimate of the time needed to
recover signed by a physician approved by the City.
3. An employee returning to work from an extended sick leave will be required to obtain and
provide to their supervisor and the Human Resources Division a medical certification
stating that he/she is fit to return to work.
8.4 LEAVE FOR NON -OCCUPATIONAL DISABILITIES - The City grants employees a leave of
absence due to a medical condition or disability that prevents them from performing or safely performing
the essential functions of their positions in accord with state and federal laws as they may from time to time
exist.
A. An employee who requires a leave of absence for medical reasons must notify his/her
supervisor in writing of the need for such a leave as soon as the employee learns that he or she
is, or will become, temporarily disabled and unable to work due to the medical condition. A
medical statement signed by a licensed physician must be submitted with the leave request.
The medical certificate must state that the employee has a medical condition prohibiting them
from performing the essential functions of his/her job, and must provide the anticipated length
of absence and any functional limitations that the employee may have upon returning to work.
B. Unless concurrently on a Family Care and Medical Leave, an employee granted a non-
occupational disability leave of absence shall utilize available accrued sick leave, and vacation
time during the period of his/her disability. The employee may elect to use compensatory time
off prior to being granted leave without pay. Paid leave must be exhausted prior to being
granted leave without pay unless the employee is concurrently on a Family Care and Medical
Leave. (Refer to Administrative Regulation 2.28 - Family Care and Medical Leave).
C. An employee may continue life, health, dental and long-term disability coverages while on
leave of absence without pay by paying the full cost of such coverages. The City will pay its
share of the employee's health insurance premiums for an employee on FMLA/CFRA unpaid
leave of absence for up to 12 weeks. If the employee's portion of the premiums are not paid or
the employee fails to pay the premiums after 12 weeks, the employee will be terminated from
coverage. (Also refer to Administrative Regulation 2.28 - Family Care and Medical Leave).
D. An employee returning from a non -occupational disability leave must provide a physician's
statement that indicates that he/she is fit to return to work.
E. Employees on an unpaid leave of absence will not accrue seniority -related benefits while on
leave.
F. If additional leave is desired, the employee may request the additional leave in accordance with
the extended leave provision in the Personnel Rules and Regulations.
G. An employee who returns to work at the end of his/her leave of absence will be returned to
his/her former position or to a similar position for which he/she is qualified, unless the position
has been eliminated due to layoffs.
H. An employee who fails to report to work at the end of the approved leave and has exhausted
his/her 12 weeks or 4 months of leave will be deemed to have voluntarily resigned.8.5
8.5 LEAVES OF ABSENCE WITH OR WITHOUT PAY - The following leaves of absence are for
leaves other than statutory leaves:
A. Special Leaves of Absence Without Pay - The department director may authorize special leaves
of absence without pay for a period of up to two (2) weeks (14 consecutive days).
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B. Ninety (90) Calendar Days or Less - Upon the written recommendation of the department
director, the City Manager may authorize special leaves of absence without pay for a period or
periods not to exceed ninety (90) calendar days for purposes deemed by the City Manager to
be beneficial to the City.
C. In Excess Of Nine1y(90) Calendar Days - The City Council may, upon the recommendation of
the City Manager, grant leaves of absence with or without pay in excess of ninety (90) calendar
days for purposes deemed by the City Manager to be beneficial to the City.
D. Continuation Of Benefits - The employee shall be responsible for the continuation of employee
benefits when a leave of absence exceeds one (1) full pay period.
8.6 CATASTROPHIC ILLNESS LEAVE - All paid leave must be exhausted prior to an employee
being able to use catastrophic illness leave donations. Employees will not receive additional leave accruals
while using catastrophic illness leave donations.
8.7 MILITARY LEAVES - An employee having a probationary or regular appointment shall be
entitled to such benefits as are provided in the California Military and Veterans Code and the U.S. Code.
An employee requesting such military leave shall present a copy of his or her military orders to his or her
department director prior to the beginning of the leave.
Employees are entitled to a temporary military leave of absence not to exceed 180 calendar days per year.
Employees having more than one year continuous service and granted a military leave of absence are
entitled to receive the equivalent salary up to the first 30 calendar days of any one military leave, or during
any one (1) calendar year. Weekend drills are excluded from the meaning of ordered military leave.
8.8 SCHOOL ACTIVITY LEAVE - CMCEA has requested that Labor Code Section 230.8, which
deals with unpaid leaves of absence to participate in various school activities of an employee's dependents,
specifically be referenced with this MOU. Employees may use accrued leave time or vacation time, or if
no time is available, time without pay, for activities describes within this section of the Labor Code. The
Employee will provide written verification of any such activity for which they request time off, at the
request of their department director.
8.9 REPORTING ABSENCES - An employee who is absent from duty shall report the reason for
such absence to his or her department director or immediate supervisor prior to the time of expected absence
whenever possible, and in no case later than one-half (1/2) hour after the beginning of his or her normal
work shift. Absences not reported in such manner may be subject to disciplinary action.
8.10 BEREAVEMENT LEAVE - Whenever an employee who is eligible to receive sick leave is
compelled to be absent from duty by reason of a death or critical illness where death appears imminent of
grandparent, father, mother, brother, sister, wife, husband, or child of employee, spouse, or domestic partner
such employee shall, upon approval of his or her department director, be entitled to charge such absence as
"bereavement leave" to a maximum of five (5) working days in a calendar year. Any additional time that
may be required would be charged to sick leave. The City Manager, upon written request, may grant
bereavement leave to an employee for persons in other relationships to the employee than are listed above.
8.11 HOLIDAY LEAVE - The following dates and such other days or portion of days as may be
designated by the City Council shall be observed as paid holidays on which City Hall will close: January
1, New Year's Day; third Monday in January, Martin Luther King's Birthday; third Monday in February,
Washington's Birthday; last Monday in May, Memorial Day observance; July 4, Independence Day; first
Monday in September, Labor Day; November 11, Veteran's Day observance; fourth Thursday in
November, Thanksgiving; the Friday immediately following Thanksgiving; and December 25, Christmas
Day. In the event any of the above holidays fall on Saturday, the preceding Friday will be observed. In the
event any of the above holidays fall on Sunday, the following Monday will be observed.
A. Employees receive 16 hours of floating holiday pay. Employees may schedule with their
supervisor any time during the year to use the floating holiday hours. At the end of the calendar
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year, any remaining holiday hours will be cashed out. Employees hired after January I` of
each year are eligible for the 16 hours of floating holiday pay on a pro -rata basis during the
calendar year based on the established City holiday schedule. If an employee separates from
the service of the City and has used or been paid for floating holiday pay in advance of
Lincoln's Birthday and/or California Admission Day, the City will deduct the cash value for
the floating holiday benefits paid, but unearned, from the final paycheck.
B. In order to be eligible for holiday pay an employee must either work or be on paid status the
day immediately before, or after the holiday if scheduled.
C. All permanent full-time employees who receive time off for the above listed holidays shall
receive full pay.
D. Paid Full Shifts for Holidays - When a holiday is observed by the City, employees who take
the holiday off shall record on their timesheets the hours that correspond with their regular
workday shift within their established workweek schedule (i.e., employees on the four ten-hour
day workweek (4/10) will record 10 hours for the holiday; employees who work on a 9/80 work
schedule shall record 9 hours, or 8 hours as applicable, for the holiday; and employees regularly
scheduled to eight-hour workday schedules shall record 8 hours for the holiday.)
E. Civilians Who Work Without Regard to Holidays - Prior to the beginning of each calendar
year, non -sworn employees in the Telecommunications Division and Police Department who
must work without regard to the above listed holidays must irrevocably elect for the next year
to either take time off for holidays or cash out holiday pay.
Employees who choose the cash out option will receive the holiday pay bank of 96 hours
beginning the first pay period for the new payroll year. The holiday pay bank may be cashed
out at any time during the year. At the end of the payroll year, any remaining holiday pay will
be cashed out unless the employee previously elects to have it applied as accrued vacation.
Throughout the payroll year, if an employee, who has selected this option, decides to take a
holiday off, they must use either vacation or comp time, not holiday time.
Those employees who choose to take time off in lieu of the holidays will receive a bank of 96,
108, or 120 hours, depending upon their assigned work schedules. They will be required to
record on their timesheets the hours that correspond with their regular workday shift and
schedule (e.g., those on the 4/10 schedule, will record 10 hours for holiday time; those on the
9/80 schedule will record 9 hours for holiday time). The hours will be available the first pay
period of the new payroll year. Those employees who elect this option must, as in the past,
make a request at least four (4) working days prior to the requested time off. Approval of the
time off request will be based upon available staffing needs and the needs of the employee. At
the end of the payroll year, any remaining hours will be carried over to the next payroll year
(however, the subsequent year's bank, or cash out, shall be reduced by the number of hours
carried over).
F. Non -sworn employees in the Telecommunications Division and Police Departments who must
work without regard to the above listed holidays may accrue compensatory time to a maximum
of 80 hours or the employee may select to increase their vacation accumulation cap by the
number of City -paid holiday hours (maximum of 96 additional hours per calendar year).
Employees hired after January 1 of each year are eligible for holiday pay on a pro -rata basis
during the calendar year based on the established City holiday schedule. If an employee
separates from the service of the City and has used or been paid for holiday pay in advance of
the date(s) or day(s) the holidays actually occurred, the City will deduct the cash value for the
holiday benefits paid, but unearned, at the time of separation from the final paycheck. If an
employee transfers or promotes to a position not covered by this provision and the employee
has been paid in advance of the date(s) or day(s) the holidays actually occurred, the employee
will be required to record absence with no pay for the remainder of the holidays that year.
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8.12 JURY DUTY - Any employee in the classified service who is duly summoned into any court for
the purpose of performing jury service, or serving as a witness, shall receive their regular compensation for
any regularly scheduled working hours spent in the actual performance of such service.
Employees receiving witness fees or jury service fees, shall remit such fees to the Finance Director in order
to be considered at work for payroll purposes during the time spent as such witness or serving on the jury.
The employee is entitled to retain any mileage allowance if paid by the court.
8.13 INDUSTRIAL ACCIDENT LEAVE
A. In the event that any regular or probationary full-time employee in the classified service is
absent from work as a result of any injury or disease arising out of and during the course of
employment with the City of Costa Mesa, such absence shall be considered to be industrial
accident leave as specified below and nothing contained in this MOU shall be deemed to affect
or limit in any manner the employee's entitlement to medical, surgical and hospital treatment
as provided under California's Workers' Compensation laws.
1. Elifzibili
a. If the employee is unable to perform his or her assigned duties due to job-related injury
or illness and is entitled to Worker's Compensation Temporary Disability under the
provisions of California's Workers' Compensation Act.
b. If the employee reports all on-the-job or off -the -job injury or illness which may impair
his or her ability to perform regularly assigned duties to his or her supervisor within 24
hours (or the next regularly scheduled workday, whichever is sooner) of the incident,
except under extenuating circumstances. Extenuating circumstances under which an
employee may report an injury beyond the above limits shall include but not be limited
to a report at the time the employee realizes the injury is disabling and the medical
evidence is consistent with the claim. Failure to report said injury or accident may be
grounds for disciplinary action. After review by the Department, said report shall then
be forwarded to the Risk Management Division.
Medical treatment is provided and maintained by a licensed physician, chiropractor or
a licensed medical practitioner as prescribed by a licensed physician, acceptable to the
City's Workers' Compensation Administration. If the employee has notified the
Personnel Office in writing prior to a job injury/illness, the employee's own physician
may be used if said physician can attest that they previously directed treatment for
them and has their medical records including their medical history. After thirty days,
an employee has the right to select his or her own physician provided the employee
notifies the Workers' Compensation Administrator in writing of the doctor's name and
address prior to the first appointment. The employee must also be disabled from and
unable to perform any work regularly performed by a City employee that the City
makes available with priority being in the employee's department and light duty
availability.
2. Caveat - If the illness or injury resulted from the failure to wear prescribed safety or
personal protective clothing or equipment; use provided safeguards or safety equipment;
follow safety rules and regulations, or other departmental work rules; or the employee's
gross negligence or willful misconduct was the proximate cause of the absence; the incident
may be grounds for disciplinary action.
3. Administration
a. Any employee who is going to be absent from work over one week with an industrial
injury shall contact his designated departmental safety representative each Thursday
or any other time designated by the departmental safety representative and report his
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or her medical progress and approximate date of return to work and any other
information the designated departmental safety representative deems appropriate.
b. Employees on industrial leave must report any change in his or her normal place of
residence or the address reported where he or she will be during normal business hours
while recovering from job-related injuries or illness. Before leaving that location for a
period in excess of one (1) day, he or she shall notify the departmental safety
representative, and must be available for appointments or consultation as may be
required by the City or Workers' Compensation Administrator. The departmental
safety representative shall issue weekly reports to the department director with copies
to the Risk Management Division advising of the employee's status.
The employee must make available after each medical appointment a medical
prognosis for the likelihood of the employee's return to his or her regular and/or light
duty with all applicable work restrictions. Industrial leave may not be granted if a light
duty job assignment is available within the employee's work restrictions.
d. If further remedial action is indicated, the employee must follow a course of treatment
which will enable return to full employment at the earliest possible time.
4. Denial of Industrial Leave - Industrial leave will not be approved when any of the
conditions of section 1 above are not met, or when competent medical authority as outlined
in Ld of this section determines the disability to be a result of a pre-employment or non-
industrial medical condition/ Industrial leave will also be denied if the leave requested is
due to a medical condition for which the employee has already received a Settlement or a
Compromise and Release pursuant to a prior legal action, or is requested relative to an
injury or illness for which the City has previously denied industrial leave.
5. Industrial Leave will terminate when one of the followingoccurs:
ccurs:
a. The employee fails to follow the advice of the treating physician by failing to pursue a
course of treatment which will lead to recovery in a timely manner.
b. The employee's condition becomes medically permanent and stationary within the
guidelines of the state's Workers' Compensation scheme.
c. It is medically determined that the employee will never be capable of performing the
duties of his or her classification.
d. The employee no longer qualifies for a compensable industrial leave as defined in
paragraph C below.
e. The employee is engaged in outside employment or activity which would impede
recovery and prolong his or her return to work as determined by competent medical
authority.
B. In all cases as specified in Item 8.13(A) above where sickness or injury is incurred as a result
of employment and is initially compensable under California's Worker's Compensation laws,
the employee's full regular salary for the waiting period required under such laws shall be paid
by the City.
If there is a question about whether the injury or illness qualifies as an industrial injury under
the state's Workers' Compensation laws, the City will conduct an investigation and make a
determination as provided under such laws. Compensation for time off due to disability during
this determination period will be maintained through the use of the employee's personal
accrued leave. If the injury is determined to be industrial, then the time off due to
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the disability will be converted to Industrial Accident Leave and the personal leave hours used
during the determination period will be restored to the employee.
C. All regular or probationary full-time employees, shall be entitled to Industrial Accident Leave
and compensation on the following basis:
When any full-time employee of the City (including probationary full time employees)
qualifies for temporary disability payment under the State of California Labor Code or the
Workers' Compensation benefits, the employee shall receive paid leave for a period not to
exceed (up to) sixty-six work days (528 hours) of leave for each separate injury. An injury shall
be deemed to continue through a recurrence or aggravation to the original injury. Claimed
recurrences or aggravations of any injury approved for industrial leave shall be charged to the
balance, if any, of the maximum allowance of such leave for the original injury.
The leave in this section is intended for compensation while the employee is disabled from
work and shall not be used to attend doctor's appointments, physical therapy, or other medical
appointments when the employee is cleared to work light, modified or regular duty.
D. Employees with accepted industrial injury leave shall continue to receive a flex contribution
for benefits in accordance with Section 7.3. Employees under this section will be responsible
for the employee portion of health and any other cafeteria plan premiums for the duration of
coverage under the plan.
ARTICLE 9 - HOURS OF EMPLOYMENT
9.1 HOURS OF WORK
A. Workweek - The average workweek for all full-time positions shall be forty (40) hours.
B. Work Shifts - The work shift for employees in specific departments, divisions or sections may
be established on a pay period basis, beginning on a Sunday and ending with the second
Saturday thereafter, or beginning at noon on a Friday and ending at noon the second Friday
thereafter. Such employees who occupy full-time positions shall be scheduled to work eighty
(80) hours in each payroll period. Such work periods shall not be implemented without the
City and the appropriate employee association first meeting and conferring on such hours of
work for each section, division and/or department proposing implementation of such work
shifts.
C. Work Schedule - Work schedules for the regular workweek shall be one of the following: five
eight (8) hour days on and two days off, or four ten (10) hour days on and three days off. Work
schedules for work shifts established on a pay period basis shall usually be ten (10) eight hour
days on and four days off. All employees shall be scheduled at least two consecutive calendar
days off. The work schedule for each position shall be established by the department director
and approved by the City Manager. For all employees working a 9/80 work schedule, their
work week shall begin exactly four (4) hours into their eighty (80) hour shift on the day of the
week which constitutes their alternating regular day off.
D. Exchange of Work Shifts - Exchange of work shifts may be granted by the department director
for emergency or other justifiable reasons. Such exchange of work shifts shall be reported to
the payroll division of the Finance Department in the form and on the dates specified.
ARTICLE 10 - ATTENDANCE
Employees shall be in attendance at their work in accordance with Rules regarding hours of work, holidays
and leaves. All departments shall keep daily attendance records. Any unauthorized tardiness or absence is
cause for disciplinary action.
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ARTICLE 11- MOVE -UP PAY LIMITATION
Eligible employees temporarily assigned to perform the work of a higher classification for a period of at
least two weeks may be compensated at 5% above their current rate of pay for up to 90 days. After 90 days,
either the position will be reclassified, the employee will be given an acting appointment, or the move -up
duties will be removed from the employee's assignment. Time limits on move -up pay may be extended on
an individual basis by prior written, mutual agreement by the City and CMCEA. An acting appointment
will be made when the employee is performing all of the duties of the higher-level classification.
ARTICLE 12 - TUITION REIMBURSEMENT AND PROFESSIONAL DEVELOPMENT
12.1 TUITION REIMBURSEMENT - Tuition and/or textbook costs required to complete educational
courses which are taken by an employee and which pertain to his or her City employment, may be
reimbursed to the employee by the City if reimbursement is recommended by the employee's department
director and approved by the City Manager. The employee on whose behalf the recommendation is made
must also maintain a passing grade which is verified by the Assistant City Manager's receipt of an official
copy of the employee's grades prior to any reimbursement.
A. The City will reimburse up to a maximum of $1,250 per fiscal year for qualifying expenses.
B. The parties agree that the City's budgetary guidelines do not impact the tuition reimbursement
program, nor do the guidelines prevent a represented employee from continuing to participate
in tuition reimbursement for approved courses.
12.2 PROFESSIONAL DEVELOPMENT - The City endorses outside City -paid education and
training, attendance at professional meetings and conferences, and dues and memberships in job specific
organizations in which the City receives specific benefits for all CMCEA represented employees.
Department directors may request in the budget up to $1,000 per full-time department employee per year
with appropriate justification from the employee. The up to $1,000 Professional Development budget per
full-time department employee limit pertains to education/training, meetings/seminars and conferences
(including travel and meals), dues and memberships. Department directors have the right to determine the
benefit to the City for the professional development request, staffing requirements and funding availability.
Employees have the right to appeal to the Human Resources Division if they feel their request did not
receive fair consideration by their Department Director.
ARTICLE 13 - UNIFORM APPLICATION OF RULES
To attempt to maximize the uniform application of policies and rules, the City has an interest in providing
training and information to assist employees in understanding their rights. Through the committed efforts
of both the City's Human Resources Division and CMCEA, attempts will be made to resolve any related
problems utilizing processes such as supervisory training, explanation of the harassment policy and
informal grievance procedures.
ARTICLE 14 - COST OF SERVICES
14.1 POLICY - It is in the interest of the City of Costa Mesa and CMCEA to establish a consistent
policy regarding the City's approach to evaluating the cost of providing municipal services on a regular
basis in which CMCEA has an interest. It is recognized that as prudent professionals, the ongoing
evaluation of costs should be a collective process of sharing information on a participative basis to develop
sound decisions and appropriate practices. The City is interested in involving the employee associations to
the greatest degree in this regard; and, as such, agrees to make them part of discussions regarding the
contracting services.
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14.2 CONTRACTING OUT - It is further agreed that should a decision be made to contract out for a
specific service which is at the time being performed by employees covered by this MOU, the employees
affected will be given sufficient notice (a minimum of six months) in which to evaluate their own situation
and plan for their fixture. To this end, the City will make every effort to transfer and utilize regular attrition
in making the necessary adjustments. The City will assist employees in this endeavor through training and
through preferential treatment (under meritorious consideration) when filing vacancies.
14.3 OUTSOURCING OF STREET SWEEPING FUNCTION — The City and the CMCEA have
been engaged in and continue to be engaged in litigation regarding the ability of the City to outsource work
performed in CMCEA-represented job classifications. Notwithstanding said litigation or whatever its
resolution may be, the parties agree to a single instance of outsourcing of the street sweeping function and
of the personnel, if any, necessary to perform that function. The contracting out of the street sweeping
function shall not be subject to the minimum six months notice request in Section 14.2 above or to any
other notice or condition precedent to contracting out whether set forth in this MOU or otherwise. This
street sweeping function outsourcing shall be effective concurrent with City Council adoption of the 2013-
2016 MOU and shall not have a sunset date.
This specific outsourcing agreement shall not be precedent -setting and shall not be construed as CMCEA's
agreement that the City may outsource any other work performed in the past or currently performed by
employees in job classifications represented by CMCEA.
Additionally, neither this MOU nor the actions authorized regarding this street sweeping function outsource
may be introduced as evidence by either party in any judicial or quasi-judicial proceeding between the City,
CMCEA, or the Orange County Employees' Association. It is understood that this MOU shall not be
construed as any admission or acknowledgement by the City or the CMCEA, respecting the application or
non -application of Government Code §§ 37103, 53060, or 45007 to the outsourcing of the street sweeping
function.
Additionally CMCEA agrees that it will not amend its current lawsuit against the City, bring a new lawsuit
against the City, or authorize OCEA or any other entity or person acting or purporting to act on behalf of
CMCEA or any of its members, to challenge, on any basis, the outsourcing of the street sweeping function
as described herein.
Finally, implementation of this Article 14.3 shall not result in the layoff of any full time unit member.
ARTICLE 15 - CLASSIFICATION AND COMPENSATION INEQUITY ISSUES
15.1 REQUEST FOR STUDIES - Employees seeking a classification/compensation study of their
position may request a study through CMCEA. CMCEA may request on or after January 30, 2016 and each
January thereafter, that the Human Resources Division conduct up to five classification studies. The
CMCEA will be responsible for submitting completed Position Analysis Questionnaires for the requested
position studies with a cover memorandum explaining the changes in duties, organization or marketplace
for each position. The Human Resources Division will study the positions and meet with CMCEA with its
recommendations.
Commencing July 1, 2016, CMCEA may request that the Human Resources Division conduct up to five
compensation inequity studies for non -benchmark classifications. The Human Resources Division will
study the positions and meet with CMCEA in August of each year after July 1, 2016 with its
recommendations.
Commencing with the meet and confer process regarding negotiation of a successor to the 2013-2016 MOU,
the results of the above studies shall be one of many factors that may be considered by the parties in
formulating and considering proposals for a successor to the 2013-16 MOU, however the product of the
above studies shall not result in any mandated changes in wages, hours or other terms and conditions of
employment.
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15.2 NEW CLASSIFICATIONS - The City acknowledges its legal obligation to meet and consult with
CMCEA prior to the creation of a new classification and to bargain in good faith regarding the appropriate
salary for the new classification within its bargaining unit.
ARTICLE 16 - TEMPORARY EMPLOYMENT IN VACATED CMCEA-REPRESENTED
POSITIONS
The City agrees to adhere to the hours limitation as outlined in Administrative Regulation 2.7 to ensure that
temporary employees are not hired into vacated CMCEA-represented positions for long durations.
ARTICLE 17 - LABOR-MANAGEMENT DISCUSSIONS
In the absence of contract re -openers, the City and CMCEA agree to meet not more than twice in a calendar
year to discuss issues of mutual interest which may be subject to the meet -and -confer process. This MOU
can be only amended by the written agreement of both sides.
ARTICLE 18 - SUPERVISORY JOB CLASSIFICATIONS
The employees in the classifications identified on Appendix A have been determined by the City Manager
to be supervisory employees. A "supervisory" employee is one who has recommendation authority to hire,
transfer, suspend, layoff, recall, promote, discharge, assign, evaluate or discipline other employees, and/or
responsibility to direct employees.
ARTICLE 19 - LAYOFF PROCEDURES
19.1 PURPOSE - Employees covered by this MOU may be laid off due to material changes in the
essential duties of their job or due to material changes in the organization. Likewise, the shortage of work
or funds available to the City may also cause layoffs. If a layoff is deemed necessary, the appointing
authority shall notify the City Manager of the layoff with reasons therefore thirty (30)
calendar days before the effective date of layoff. Said employee shall be considered for re-employment as
provided by the Personnel Rules.
19.2 PROCEDURE - When a position within a class is abolished thereby necessitating a layoff, the
following procedure shall be followed:
A. Reductions in the workforce shall be made by class within a department except that, where
appropriate, the City Manager may authorize a layoff by division or smaller unit within a
department. In the event of a comprehensive reduction in the workforce, the City Manager may
decide to lay off by class City-wide regardless of department.
B. In accordance with Rule 14, Section 9 of the Personnel Rules and Regulations, thirty (30)
calendar days before the effective date of layoff, the appointing authority shall notify the
Assistant City Manager of the intended action with reasons therefore In the event a decision is
made by the City to contract out for a specific service performed by City employees, the City
will give the affected employees a minimum of six (6) months advance notification in which
to evaluate their own situation and assist in planning for the future. The City shall meet and
consult with CMCEA on such matters as the timing of the layoff and the number and identity
of the employees affected by the layoff.
C. A reassignment or voluntary demotion within the employee's division or department to an
equivalent or lower job class may be made to prevent a layoff, provided the employee is
qualified by education and/or experience, is capable of performing the duties of the
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classification and has satisfactory performance evaluations for the preceding two (2) years. An
employee so reassigned or demoted shall be placed on the salary step within the new
classification range closest to the rate of pay which the employee previously received.
Whenever an employee is reassigned or demoted to a vacant position in the same class, an
equivalent class, or lower class as herein provided, he or she shall retain the same anniversary
date for purposes of merit pay increases. An employee so reassigned or demoted shall be
reinstated to his or her former job class and salary step status when positions in the former job
class within the affected division or department become vacant, provided that the employee
has performed satisfactorily in the current position and requests reinstatement to the former
position. Such reinstatement shall be on the basis of City-wide seniority.
D. In the event of a layoff, those employees in the classification affected with the least City-wide
seniority shall be laid off first. Seniority shall be defined as continuous City service based upon
hire date. Strict application of seniority shall prevail unless exceptional circumstances occur of
which the concerned employee organization shall be fully apprised in advance. The order of
layoff shall be:
1. Part-time and temporary employees in the affected classification shall be separated first.
2. Probationary employees in the affected classification shall be separated next.
3. Permanent employees with the least City seniority will be laid off first. Other affected
employees will be laid off in sequential order thereafter.
4. Exceptional circumstances, as used above, includes the City's maintenance of a qualified
workforce of competent employees based upon the persons employed having satisfactory
performance evaluations for the preceding two (2) years.
5. Exceptional circumstances also include the recognition of the need to retain employees
possessing special technical skill, training or knowledge within an affected classification
as dictated by the work or services being performed. This exception can only be applied
to those classifications within the occupational series utilizing said skills, knowledge or
training. The determination to grant such an exception can be made only with the approval
of the City Manager. The City will share the findings of any proposed exception with
CMCEA prior to making any recommendation to the City Manager.
6. Employees who have not successfully completed promotional probation by the layoff
notification date shall revert back to the last class in which the employee held permanent
status for purposes of determining order of layoff.
7. When two (2) or more employees have equal seniority, the department shall determine the
layoff order for these employees based upon merit and ability as determined by their
performance evaluations for the preceding two (2) years and possession of specific
technical skills utilized in the job.
E. An employee scheduled to be laid off is entitled to displace, or "bump," into a position in a
classification within the same occupational series which is currently being held by an
incumbent with less overall City seniority, provided it is in a position in which the employee
formerly held permanent status or one in which the employee is qualified by education and/or
experience, and is capable of performing.. The employee must exercise his or her displacement
rights in writing within five (5) working days from receipt of layoff notification.
F. When the employee with the least City seniority is displaced by the person scheduled for layoff,
the displaced employee shall be considered as laid off for the same reason as the person who
displaced him or her and shall in the same manner be eligible to displace to a position in the
same manner as described above.
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G. An employee laid off from City employment shall be eligible for the same sick leave payoff as
defined in the Sick Leave Incentive Program for retirees.
H. The name of an employee who has been laid off due to the reduction in the workforce shall be
placed on the reemployment list for his or her job class. The reemployment list shall be used
by all appointing authorities within the affected division or department whenever a vacancy for
that class is to be filled. Names will remain on the appropriate reemployment list for a period
of three (3) years from the date of separation. Persons on the reemployment list shall be
reemployed within the division or department from which they were laid off at his or her former
salary step status when positions in his or her former job class become vacant. Reemployment
shall be on the basis of previous City seniority. After separation from City employment for
more than one (1) year, a person rehired may be required to successfully pass a physical and
competency examination.
I. Whenever an employee is reemployed to a vacant position in his or her former job class, he or
she shall be given a new anniversary date for purposes of merit pay increases and performance
reviews in accordance with the provisions of the City's Personnel Rules and Regulations.
J. An employee rehired from the reemployment list shall be considered to have continuous service
for seniority purposes and may be credited with the amount of accumulated vacation and sick
leave he or she had accrued at the time of layoff if he or she remits to the City of
Costa Mesa the payments received by the employee under the City's separation provisions and
the Sick Leave Incentive Program.
K. Failure to return to work from layoff within twenty-one (2 1) calendar days after notice to return
has been served upon the former employee by certified or registered mail at his or her last
known address on file with the City's Human Resources Division shall constitute the
employee's waiver of any right to return to work and eliminates any future reemployment
requirements placed on the City.
L. All other benefits or programs in effect at the time of layoff shall be forfeited upon
reemployment unless they are still applied to the old classification at the time of rehire or
provided to new hires as of that date.
M. Employees subject to layoff may file a grievance under Rule 25 of the Personnel Rules and
Regulations only if there has been an improper interpretation or misapplication of this
procedure.
ARTICLE 20 - GRIEVANCE AND DISCIPLINE PROCEDURES
20.1 DISCIPLINE AND GRIEVANCE PROCEDURES - The Discipline and Grievance
Procedures have been adopted and are part of this MOU as Appendices B & C.
20.2 MODIFICATIONS - Said procedures have been modified by the following points:
A. Major Discipline - The parties agree to modify the selection of an arbitrator as identified in
paragraph B, by having each party submit five names to complete a listing of ten possible
arbitrators. When an arbitrator is needed each party may strike three names. If the parties
cannot agree on one arbitrator from the remaining four names, the matter will be heard by the
person nominated whose availability fits the time frames associated with the grievance process,
and who is available at the earliest possible date.
B. Grievance Procedure - The parties agree to modify the procedure identified in paragraph 6 to
include that "should mediation not produce satisfactory resolution, the grievant may request
the matter be heard by City Manager or designee, or an impartial hearing officer (arbitrator).
The recommendation of an arbitrator shall be advisory to the City Manager or designee. Should
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the matter be submitted directly to the City Manager or designee he or she shall schedule a
meeting or respond in writing. Each party shall pay the cost of the arbitration. A court reporter
shall be retained only by mutual consent of the parties."
ARTICLE 21 - PERSONNEL RULES AND REGULATIONS
All applicable City Personnel Rules and Regulations (which have not been included herein) shall be
considered incorporated within this MOU, unless expressly demonstrated to be in conflict.
ARTICLE 22 - DISABILITY DISCRIMINATION
22.1 DISCRIMINATION AVOIDANCE - Because the Americans with Disabilities Act ("ADA") and
the California Fair Employment and Housing Act ("FEHA") require accommodations for individuals
protected under the Acts , and because these accommodations must be determined on an individual case-
by-case basis, the parties agree that the provisions of this agreement may be disregarded in order for the
City to avoid liability under ADA or FEHA relative to hiring, promotion, granting permanency, transfer,
layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe
benefits, training opportunities, hours of work or other terms and privileges of employment, and the
accommodation thereof under the Acts. is unnecessary
22.2 INTERACTIVE PARTICIPATION - CMCEA recognizes that the City has the legal obligation
to meet with the individual employee to be accommodated before any adjustment is made in working
conditions. CMCEA will be notified of these proposed accommodations prior to implementation by the
City.
22.3 PAST PRACTICE - Any accommodation provided to an individual pursuant to the Acts shall not
establish a past practice, nor shall it be cited or used as evidence of a past practice in a grievance/arbitration
procedure.
ARTICLE 23 - FAMILY AND MEDICAL LEAVE ACT
23.1 RIGHTS AND OBLIGATIONS - As required by State and Federal law ("FMLA") the City will
provide family and medical care leave for eligible employees. Administrative Regulation 2.28 sets forth
employees' rights and obligations with respect to such leave. Rights and obligations which are not
specifically set forth therein are set forth in the Department of Labor regulations implementing the Federal
Family and Medical Leave Act of 1993 (FMLA), and the regulations of the California Fair Employment
and Housing Commission implementing the California Family Rights Act (CFRA) (Government Code
12945.2).
23.2 ENTITLEMENTS - Rights of qualified employees under FMLA include: (1) entitlement of up
to 12 weeks of unpaid leave in a year; (2) continuation of the City's portion of any medical insurance
contributions made on behalf of the employee for the duration of the leave; and (3) no loss of seniority.
ARTICLE 24 - BENEFIT REVIEW COMMITTEE
The Association shall maintain two representatives on the City's Benefit Review Committee. The
Committee continually evaluates the City's benefit programs and makes recommendations on plan changes,
benefit levels, payroll deductions and the addition or deletion of plans. Participation on the Benefit Review
Committee meets the City's obligation to negotiate with the associations on changes to the City's group
benefit plans unless an association determines that such changes are detrimental to the interest of its
members.
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REPRESENTATIVES OF THE COSTA MESA REPRESENTATIVES OF THE CITY OF COSTA
CITY EMPLOYEES ASSOCIATION (CMCEA) MESA
ROBERT P. GONZALEZ
CMCEA President and
Negotiations Team Member
BRUCE M. LINDEMANN
CMCMEA Negotiations Team Member
GANT A. CORUM
CMCEA Negotiations Team Member
TAMARA S. LETOURNEAU
Assistant City Manager
LANCE M. NAKAMOTO
Human Resources Manager
FANNI ACOSTA
Human Resources Analyst
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APPENDIX A
CMCEA MEMORANDUM OF UNDERSTANDING
Supervisory Classifications
Accounting Supervisor
Assistant Recreation Supervisor
Associate Engineer
Associate Planner
Central Services Supervisor
Chief Construction Inspector
Senior Electrical Inspector
Chief Plans Examiner
Senior Combination Building Inspector
Chief of Code Enforcement
Chief of Inspection
Communications Supervisor
Contract Administrator
Crime Scene Investigation Supervisor
Emergency Services Administrator
Executive Secretary
Lead Equipment Mechanic
Lead Facilities Maintenance Technician
Lead Maintenance Worker
Maintenance Superintendent
Maintenance Supervisor
Management Analyst
Office Coordinator
Plan Check Engineer
Police Records Administrator
Police Records Bureau Supervisor
Police Records Shift Supervisor
Police Training Administrator
Principal Civil Engineer
Principal Planner
Property/Evidence Supervisor
Purchasing Supervisor
Recreation Coordinator
Recreation Specialist
Recreation Supervisor
Purchasing Supervisor
Revenue Supervisor
Senior Accountant
Senior Code Enforcement Officer
Senior Communications Supervisor
Senior Engineer
Senior Lead Maintenance Worker
Senior Management Analyst
Senior Planner
Video Production Coordinator
Zoning Administrator
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CITY OF COSTA MESA
GRIEVANCE PROCEDURE
Definition
APPENDIX B
A "grievance" is a formal, written allegation by an employee, who is the grievant, that he or she has been
adversely affected by a violation, misinterpretation or misapplication of the specific provisions of the
Memorandum of Understanding and/or provisions of the Personnel Rules and Regulations or other City
policies. Other matters for which a special method of review is provided by law, ordinance, resolution, or
by administrative regulations and procedures of the City, are not within the scope of this procedure,
although other methods of review may be joined with the grievance procedure where the factual basis for
the review and the grievance are similar.
This procedure is not to be used in lieu of the Discipline Appeals Procedure.
Procedure
Informal Resolution: Every effort shall be made to resolve a grievance through discussion between
the employee and his or her immediate supervisor. It is the spirit and intent of this procedure that all
grievances are settled quickly and fairly without any discrimination against employees who may seek
to resolve a grievance by invoking this procedure. Every effort should be made to find an acceptable
solution at the lowest level of supervision. Within fifteen (15) calendar days after a grievant knew, or
by reasonable diligence should have known, of the condition upon which a grievance may be based,
the grievant shall attempt to resolve it by an informal conference with the grievant's immediate
supervisor.
2. The immediate supervisor shall render his or her decision in writing within fifteen (15) calendar days
of the informal conference. If the problem cannot be resolved between the employee and the
supervisor, the employee may, within ten (10) calendar days from the date of receiving the answer
from his or her supervisor, request and be granted an interview with the division manager, if one
exists, in order to discuss the grievance.
The division head shall render his or her decision in writing within fifteen (15) calendar days of
receiving the appeal. If the division head and employee cannot reach a solution to the grievance, the
employee may, within ten (10) calendar days from the date of receiving the answer from the division
manager, request, in writing, and be granted an interview with the department director.
4. The department director shall render his or her decision in writing within fifteen (15) calendar days
of receiving the appeal. If the department director and employee are unable to arrive at a satisfactory
solution, the employee may, within fifteen (15) calendar days from the date of the decision by the
department director, submit a written appeal to the City Manager or designee or request grievance
mediation.
As an alternative to proceeding directly to the final step of the grievance procedure, the parties may
mutually agree to submit a grievance to mediation. A request for mediation may be presented in
writing to the Assistant City Manager within fifteen (15) calendar days from the date a decision was
rendered by the Department director. A request for mediation will automatically suspend the normal
processing of grievance until the mediation process is completed, or the request is denied. The
Assistant City Manager shall endeavor to schedule the mediation meeting within thirty (30) calendar
days. The mediation process shall be optional, and any opinion
expressed by the mediator shall be considered advisory. Within ten (10) calendar after completion
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of the mediation process, the employee may request to proceed to the final step of the grievance
process.
Should grievance mediation not produce satisfactory resolution, the City Manager or designee shall
review the grievance and respond to the employee within twenty (20) calendar days of receiving the
appeal. The City Manager or designee shall have the option of scheduling a meeting to hear the
grievance, or a response may be provided in writing based upon the prior written grievance record.
This will be considered an expression of management's viewpoint, and shall be the final
administrative review.
7. If any of the time limits associated with any of the steps wherein an employee may appeal the
determination of a prior step should elapse, the grievance shall be considered withdrawn. Time limits
may be extended by mutual consent. If the supervisor or manager responding on behalf of the City
fails to respond within the prescribed time limits, the grievance will be deemed to have been denied
and the employee may go to the next step.
The employee may request the assistance of another person of his or her own choosing in preparing
and presenting his or her grievance at any level of review. In the event the employee desires the
presence of a representative who is an employee of the City, he or she shall make such request through
the supervisor and the supervisor shall make the necessary arrangements for the employee
representative to be present. Because this procedure has been approved by the Association under the
provisions of the MOU, any representative of the employee must be acceptable to the Association, or
said representative shall not assist the employee as defined herein.
9. The employee and/or his or her representative may use a reasonable amount of work time as
determined by the appropriate supervisor or department director in presenting the appeal. However,
no employee shall absent himself or herself from scheduled work without first being excused by his
or her supervisor.
10. No employee shall be required to be represented by an employee organization in processing a
grievance.
11. Employees shall be assured freedom from reprisal for using the grievance procedures, or for being a
witness in a grievance, by both the City and the employee organization.
12. The settlement terms of a grievance which is processed by an employee individually or by a
recognized employee representative shall not conflict with the express provisions of a Memorandum
of Understanding between the City and the recognized employee organization for such unit, if any.
13. A group grievance may be filed when one (1) set of circumstances or occurrences affects more than
one (1) employee in the same manner or to the same extent. The group may file one (1) document
which all members of the group have read and signed. Members of the group shall be limited to those
who have signed the grievance. The resolution of a group grievance may not be consistent among all
employees in the group grievance due to differences in the circumstances or occurrences that brought
about the grievance.
A group grievance affecting all members of a class or the organization as a whole may be brought by
the employee organization itself. In such case the procedure shall be commenced directly at the City
Manager or designee level within fifteen (15) working days after authorized representatives of the
employee organization knew or by reasonable diligence should have known of the condition giving
rise to the grievance and shall be subject to all applicable time limitations and the provisions set forth
above.
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APPENDIX C
CITY OF COSTA MESA
DISCIPLINARY PROCEDURES
Basis for Discinlinary Action
The tenure of every City employee shall be based on reasonable standards of personal conduct and job
performance. Failure to meet such standards shall be grounds for appropriate disciplinary action, which
shall be commensurate with the seriousness of the offense and with consideration of the employee's prior
performance record. Disciplinary action shall be based upon any of the following grounds, but is not limited
to only these grounds:
A. Fraud in securing employment or making a materially false statement on an application for
employment or on any supporting documents furnished with or made a part of any application.
B. Incompetence such as failure to comply with the minimum standards for an employee's position
for a reasonable period of time.
C. Neglect of duty, such as failure to perform the duties required of an employee's position.
D. Willful disobedience and insubordination such as a willful failure to submit to duly appointed and
acting supervision or to conform to duly established orders or directions of persons in a supervisory
position.
E. Dishonesty involving employment.
F. Using or being under the influence of alcohol or intoxicating drugs while on duty without a
prescription. Bringing alcohol or controlled substances onto any City work premises, or onto any
location where City business or services are performed by City employees.
G. Addiction to or habitual use of alcoholic beverages, narcotics or any habit forming drug.
H. Inexcusable absence without leave.
I. Conviction of a felony or conviction of a misdemeanor involving moral turpitude. A plea or verdict
of guilty, or a conviction following a plea of nolo contendere, to a charge of a felony or any offense
involving moral turpitude is deemed to be a conviction within the meaning of this section.
J. Discourteous treatment of the public.
K. Improper or unauthorized use of City property.
L. Violation of the rules and regulations of any department.
M. Any act of conduct undertaken which, either during or outside of duty hours, is of such a nature
that it causes discredit to fall upon the City, the employee's department or division.
N. Failure to maintain proper conduct during working hours causing discredit to the employee's
department or division. Such as:
1. Fighting or causing an assault on a fellow worker, citizen or any other person while employed
by the City.
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2. Abusing City records or information obtained while in the employ of the City.
3. Falsification of City records.
4. Threats of bodily harm perpetrated at work, or toward fellow workers.
5. Failure to observe work schedules, including lunch periods and breaks.
6. Consistent failure to perform work assignments in an acceptable manner or at an acceptable
level of output.
7. Destruction of City property.
8. Engaging in any sort of harassment (sexual, racial, ethnic, religious, etc.)
9. Intentionally treating other employees differently because of their race, sex, age, religion,
national origin, marital status, physical or mental disability, sexual preference or other
protected category.
O. Abuse of sick leave.
P. Inattention to duty, tardiness, indolence, carelessness or negligence in the care and handling of City
property.
Q. The employee's failure to resolve a physical or mental infirmity(s) or defect(s), when it is within
the capacity of the employee to do so and when directed by his or her supervisor.
R. Outside employment which conflicts with the employee's position and is not specifically authorized
by the department director.
S. Acceptance from any source of any emolument, reward, gift or other form of remuneration in
addition to the employee's regular compensation, as a personal benefit to the employee for actions
performed in the normal course of the employee's assigned duties.
T. Falsification of any City report or record, or of any report or record required to be, or, filed by the
employee.
U. Violation of any of the provisions of the City Code, ordinances, resolutions, or any rules,
regulations or policies which may be prescribed by the City Council, City Manager, department
manager or supervisor.
V. Political activities precluded by Local, State or Federal law.
W. Other acts which are incompatible with service to the public.
Types of Discipline
Types of discipline include the following: warning/reprimand, suspension, demotion or reduction in pay
and dismissal. Voluntary demotions as well as performance evaluations are not considered disciplinary
actions. The appeal or the review of a performance evaluation is limited to the supervisor's supervisor,
whomever that may be. The following procedures shall be followed when, in the judgment of the
department director, an employee has committed an act or omission that justified the disciplinary action
indicated. Except for written warnings/reprimands, the department director or his or her designee shall
35
advise employees of contemplated disciplinary actions in writing and allow the employee an opportunity
to respond to such charges prior to taking action.
When life, or employee safety, is endangered, or the self-control of an employee is questionable, a
supervisor shall take immediate action to reduce or eliminate the danger or to establish control. In case of
an emergency, an employee shall have all of the rights set forth herein, except, in the discretion of the
appointing authority, an employee may be placed on administrative leave with pay pending pre -disciplinary
procedures. The Assistant City Manager must be contacted immediately.
A. Warnin /Reprimand: If the warning/reprimand is in writing it should be signed by the employee
acknowledging receipt. The department shall give the employee a copy and forward a copy to the
Assistant City Manager for review and retention in the employee's personal history rile. A written
warning/reprimand shall contain a description of the events which necessitated the action, specific
expectations of change by the employee, and notice of further action in the event a change by the
employee does not occur. An employee shall have the right to attach a written rebuttal and/or file
an appeal.
B. Suspension: A department director or his or her designee may suspend an employee with or without
pay from his or her position. Any placement of an employee on administrative leave pending pre -
disciplinary response shall be with pay. The appointing authority shall advise the Assistant City
Manager in writing of such intended action and shall give a copy of such statement to the employee.
The written statement shall contain a description of the events which necessitated the suspension,
a statement of the charges, notification that the employee may review and be provided with the
materials leading to the suspension, the right of the employee to meet with the appointing authority
and/or to respond in writing within a reasonable time frame to the charges, and notice of further
action in the event a change by the employee does not occur. Unless extended by approval of the
City Manager or designee on written recommendation of the department director, the maximum
period of suspension shall be thirty (30) calendar days. These procedures are available prior to the
implementation of discipline.
Disciplinary actions involving suspensions of four (4) work days or less, as well as oral and written
reprimands are not exempt from the notification requirements. However, in such disciplinary
actions the employee does not have the right to respond to the appointing authority prior to the
effective date of the proposed action.
C. Demotion or Reduction in Pay: A department director shall advise the Assistant City Manager in
writing of his or her intention to demote or reduce the salary of an employee prior to taking such
action. In demoting an employee or reducing his or her salary, the department director shall make
a written notice and shall give a copy of said notice for demotion or reduction in pay to the employee
and forward a copy to the Assistant City Manager for review and retention in the employee's
personal history file. The written statement shall contain a description of the events which
necessitated the demotion, a statement of the charges, notification that the employee may review
and be provided with the materials leading to the demotion, the right of the employee to meet with
the appointing authority and/or respond in writing within a reasonable time frame to the charges,
and notice of further action in the event a change by the employee does not occur.
D. Dismissal: A department director shall advise the Assistant City Manager in writing of his or her
intention to dismiss an employee prior to taking such action. In dismissing an employee, the
department director shall make a written notice and shall give a copy of said notice of dismissal to
the employee and forward a copy to the Assistant City Manager for review and retention in the
employee's personal history file. The written statement shall contain a description of the events
which necessitated the dismissal, a statement of the charges, notification that the employee may
review and be provided with the materials leading to the dismissal, and the right of the employee
to meet with the appointing authority and/or respond in writing within a reasonable time frame to
36
the charges. These procedures are pre -disciplinary in nature.
Notices
Written notices will be given to the employee in person whenever possible and the employee's signature
obtained to indicate receipt. In the absence of personal service, the notice may be sent by registered mail.
EMDIovee's Response
An employee's opportunity to respond to the appointing authority is not intended to be adversarial in nature.
An employee has the right to have a representative of his or her own choosing at the meeting. The employee
need not be accorded the opportunity to cross-examine a department's witnesses, nor to present a formal
case in opposition to the proposed discipline. However, the limited nature of this response does not obviate
the appointing authority's responsibility to initiate further investigation if the employee's version of the facts
raises doubts as to the accuracy of the department director's information leading to the discipline proposal.
An employee may elect not to respond, thereby waiving any further pre -disciplinary response.
The appointing authority will evaluate the proposed discipline in light of the employee's response, if any.
Within five (5) working days of the employee's response, or deadline for response, a decision will be
transmitted in writing to the employee. Service of the decision will be in person or by registered mail.
Appeal Procedures
Maior Discipline
Any permanent employee in the classified service shall have the right to appeal any termination, suspension
of forty (40) hours or more, denial of a merit increase, reduction in salary, or non -probationary demotion.
The appeal process shall not be applicable to those positions which may be deemed exempt from the
classified service or to probationary employees. The appeal process shall not be applicable to verbal
reprimands and performance evaluations.
An employee desiring to appeal the appointing authority's decision shall have ten (10) calendar days after
receipt of the response to file an appeal. The employee's request for appeal must be addressed to the
Assistant City Manager and received in the Human Resources Division so that same is date stamped by the
Human Resources Division within the 10 -day period.
If, within the 10 -day appeal period, the employee involved does not file said appeal, unless good cause for
the failure is shown, the action of the appointing authority shall be considered conclusive and shall take
effect as prescribed. If, within the 10 -day appeal period, the employee involved files such notice of appeal
by giving written notice of appeal to the Human Resources Division, an arbitration appeal hearing shall be
established as follows (the discipline shall nonetheless be implemented concurrent with the Appointing
Authority's determination, subject to later modification as may result from the appeal process):
A. The employee shall file a written request with the Human Resources Division for advisory
arbitration to the City Manager or designee. The City and employee will be responsible for all
arbitration -related expenses, excluding attorney fees and staff time.
B. The Assistant City Manager shall provide a list of five (5) arbitrators registered with the American
Arbitration Association, California State Conciliation Service or some other agreed upon source
within seven (7) calendars of the employee's request. The employee may delete/strike two (2)
names from the list. The Assistant City Manager will then select the arbitrator from the remaining
names on the list.
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C. The selected arbitrator shall serve as the hearing officer.
D. Where practicable, the date for a hearing shall not be less than 20 calendar days, nor more than 60
calendar days, from the date of the filing of the appeal with the Assistant City Manager. The parties
may stipulate to a longer or shorter period of time in which to hear the appeal. All interested parties
shall be notified in writing of the date, time, and place of hearing.
E. All hearings shall be private provided, however, that the hearing officer shall, at the request of the
employee, open the hearing to the public.
F. Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the request of
either party, not less than seven (7) calendar days, prior to the commencement of such hearing.
After the commencement of such hearing, subpoenas shall be issued only at the discretion of the
hearing officer.
G. The hearing need not be conducted in accordance with technical rules relating to evidence and
witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable
persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any
common law or statutory rules which might make improper admission of such evidence over
objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or
explaining any direct evidence but shall not be sufficient in itself to support a finding unless it
would be admissible over objection in civil actions. The rules of privilege shall be effective to the
same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and
unduly repetitious evidence shall be excluded. The hearing officer shall not be bound by technical
rules of evidence. The hearing officer shall rule on the admission or exclusion of evidence.
H. Each party shall have these rights: To be represented by legal counsel or other person of is or her
choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses
on any matter relevant to the issues even though that matter was not covered in the direct
examination; to impeach any witness regardless of which party first called his or her to testify; and
to rebut the evidence against his or her. The employee, may be called by the party bearing the
burden of proof and examined as if under cross-examination. Oral evidence shall be taken only on
oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City,
hearing officer, employee/employee representative) mutually agree that same is not necessary.
I. The hearing shall proceed in the following order, unless the hearing officer, for special reason,
otherwise directs:
1. The party imposing discipline shall be permitted to make an opening statement;
2. The appealing party shall then be permitted to make an opening statement;
3. The party imposing disciplinary action shall produce the evidence on his or her part; the City
bears the burden of proof and burden of producing evidence;
4. The party appealing from such disciplinary action may then open his or her defense and offer
his or her evidence in support thereof; the employee bears the burden of proof and the burden
of producing evidence for any affirmative defenses asserted;
5. The parties may then, in order, respectively offer rebutting evidence only, unless the hearing
officer for good reason, permits them to offer evidence upon their original case;
6. Closing arguments shall be permitted and written briefs may be permitted at the discretion of
the hearing officer.
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The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence.
He or she shall base his or her findings on the preponderance of evidence. During the examination
of a witness, all other witnesses, except the parties and Personnel Division representatives, shall be
excluded from the hearing unless the hearing officer, in his or her discretion, for good cause,
otherwise directs. No still photographs, moving pictures, or television pictures shall be taken in the
hearing chamber during a hearing. The hearing officer, prior to or during a hearing, may grant a
continuance for any reason he or she believes to be important to reaching a fair and proper decision.
The hearing officer shall render his or her judgment as soon after the conclusion of the hearing as
possible and in no event later than 30 days after conducting the hearing. His or her decision shall
set forth which charges, if any, are sustained and the reasons therefore. The opinion shall set forth
findings of fact and conclusions.
K. The hearing officer may recommend sustaining or rejecting any or all of the charges filed against
the employee. He or she may recommend sustaining, rejecting, or modifying the disciplinary action
invoked against the employee.
L. The hearing officer's opinion and recommendation shall be filed with the City Manager or designee,
and the Assistant City Manager and shall set forth his or her findings and recommendations. If it is
a dismissal hearing and a dismissal is not the hearing officer's recommendation, the opinion shall
set forth the date the employee is recommended to be reinstated and/or other recommended action.
The reinstatement date, if appropriate, may be any time on or after the date of disciplinary action.
M. The decision of the City Manager or Assistant City Manager shall be final and conclusive. Copies
of the City Manager's or designee's decision, including the hearing officer's recommendation(s)
shall be filed where appropriate, including the employee's personnel file, unless no discipline is
upheld by the City Manager or designee.
N. Each party will be responsible for all arbitration -related expenses, excluding attorney fees and staff
time. Each party shall bear its own witness and attorney fees. If either party unilaterally cancels or
postpones a scheduled hearing, thereby resulting in a fee charged by the hearing officer or court
reporter, then the party responsible for the cancellation or postponement shall be solely responsible
for payment of that fee. This process shall not apply to mutual settlements by the parties which
result in an arbitration fee.
O. In the case of suspension, demotion, reduction in salary, or dismissal prescribed by the City
Manager or designee, the time of such suspension, demotion or dismissal shall be effective from
the first day after such delivery of said decision by the City Manager or designee, whichever is
applicable.
P. The employee may be placed on administrative leave until resolution/conclusion of the appeals
process.
Q. The provisions of Section 1094.6 of the Code of Civil Procedure shall be applicable to proceedings
under this section, including the appeal the City Manager's or designee's final decision into the
California Court System, which must be made in accordance to the time standards and procedures
established by Section 1094.6 and 1094.5 of the Code of Civil Procedure.
Minor Discipline
Any permanent employee in the classified service shall have the right to appeal any written reprimand
and/or suspension of four (4) days or less. The appeal process shall not be applicable to those positions
which may be deemed exempt from the classified service or to probationary employees.
39
If the problem cannot be resolved between the employee and the supervisor, the employee may, within ten
(10) calendar days from the date of receiving the answer from his or her supervisor, request and be granted
an interview with the department director or his or her designee, in order to discuss the appeal.
The department director or designee shall render his or her decision in writing within fifteen (15) calendar
days of receiving the appeal. If the department director and employee are unable to arrive at a satisfactory
solution, the employee may, within fifteen (15) calendar days from the date of the decision by the
department director, submit a written appeal to the City Manager or designee. The City Manager or
designee will respond or his or her designee will respond or schedule a meeting within fifteen (15) calendar
days. The City Manager or designee shall render his or her judgment as soon after the conclusion of the
hearing as possible and in no event later than 30 days after conducting the hearing. His or her decision
shall set forth which charges, if any, are sustained and the reasons therefore. The opinion shall set forth
findings of fact and conclusions.
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APPENDIX D
Side Letter of Agreement Regarding the
Implementation and On-going Review and Management of a
3 day/12 hour Schedule for Communications Officers
in the Telecommunication's Division of the
Administrative Services Department
This Letter of Agreement has been prepared to address the terms and conditions for
implementing a 3-day/12-hour work schedule plus one 8 -hour shift ("3112 schedule") for
the Communications Officers, Senior Communications Officers, and Communications
Supervisors ("Communications Officers") in the Telecommunication Division of the
Administrative Services Department of the City of Costa Mesa.
In response to a request from the Communications Officers of the Costa Mesa City
Employees Association (CMCEA), management participated in a series of meetings with the
Communications Officers and representatives of the CMCEA. The request from the
Communications Officers was for the City of Costa Mesa ("City") to consider the
implementation of a 3-day/12-hour work schedule plus one 8 -hour shift during the pay period
for the Communications Officers.
The Administrative Services Director met with both the Supervisory Officers and then with all
of the full-time Communications Officers to discuss the proposed work schedule. Operational
issues surrounding the implementation of a 3-day/12-hour work schedule were then
evaluated and an implementation plan was developed. Based on these meetings and
discussions, the terms and conditions for the implementation of the 3-day/12-hour work
schedule plus one 8 -hour shift during the pay period were developed.
Based upon the presentations made and the information developed by the Communications
Officers, certain operational benefits are expected to be achieved with the implementation of
the 3/12 schedule. The Communications Officers have agreed to a number of provisions and
modifications to implement the 3112 schedule. These provisions and modifications, as
detailed in this Letter of Agreement, will be monitored throughout the 18 -month trial period.
Negative impacts at any time during the trial period could necessitate reverting to the 5-
day/8-hour work schedule prior to the end of the 18 -months.
Term and Conditions for lmolementation
The Communications Officers, as members of CMCEA, and management agree on the
following terms and conditions for implementing the 3/12 schedule. These terms and
conditions will be monitored throughout the 18 -month trial period. Negative impacts to the
operations of the Communications Center and/or service to the public at any time during the
trial period could necessitate reverting to the 5-day/8-hour work schedule prior to the end of
the 18 -months, Per this Letter of Agreement, the following terms and conditions are agreed
to as follows;
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Implementation of 3112 Work Schedule for
Communications Officers
January 6, 20D6
Page 2 of 7
1. Implementation and Sunset Date
The 3112 schedule will commence with the new pay period that begins at 12:00 a.m. on
Sunday, January 8 2006.
The 3112 schedule is a new undertaking within the City. As such, it will be evaluated under a
"sunset" date of eighteen (18) months from the inception of the new schedule. The sunset
date will be Saturday, July 7, 2007 at 11;59 p.m. Throughout the trial period and prior to the
sunset date, the 3112 schedule will be evaluated for continuation based upon the impacts to
the community and operations. Any negative impacts that are identified at that time or prior
to the sunset date may necessitate reverting to the 5-day/8-hour work schedule prior to the
end of the 18 -months. On or before June 15, 2007, the 3/12 schedule will be evaluated by
management for continuation beyond the sunset date.
2. Shift Differential P
Implementation of the 3/12 schedule will have the Communications Officers working one of
two different 12 -hour schedules (4am-4pm or 4pm-4am) plus one 8 -hour shift (8am-4pm or
4pm-midnight) scheduled during the pay period. The shift differential provisions provided for
in the 2004-2007 CMCEA Memorandum of Understanding will be rescinded to the
Communications Officers who work under the 3112 schedule. With the implementation of the
3/12 schedule, the shift differential period will be from 6:00 p.m. to 6:00 a.m. All
Communications Officers shall receive a shift differential of 7.5% for those actual hours
worked between the hours of 6:00 p.m. to 6:00 a.m. only.
3. Shift Coverage
Under the 3/12 schedule staff will not fall below the minimum staffing of 4 persons at any
time. The increased coverage with the 3/12 schedule is due to the scheduling of the 8 -hour
shift each employee will work during the 80 -hour pay period.
4. Part-time as First Fill for Vacancies
Part-time personnel are given and will continue to be given the first opportunity to fill all
vacancies (scheduled or unscheduled). The division has formalized this management
practice in the following procedure that is agreed to and followed by aft of the
Telecommunication Division staff,
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Implementation of 3112 Work Schedule for
Communications Officers
January 6, 2006
Page 3 of 7
PART-TIME PERSONNEL.
VACANCY FILL PROCEDURES
Filling -Vacancies:
Part-time personnel are to be given the first opportunity to fill all vacancies, scheduled or
unscheduled, including vacation extensions and sick leave. The only exception to this will be that of
the 2 week, scheduled vacation periods filled by the Vacation Relief Officer.
Time -Off Requests:
Before submitting a time -off request, the person requesting time -off will contact all part-time
Communications Officers to obtain a definite "yes" or `no" answer regarding his/her ability to work
during the requested time off. If part-time Communications Officers are not available to work, the
time -off request will be submitted to the Senior Supervisor who will then evaluate the request and
determine if full-time personnel will be allowed to work overtime to fill the time -off.
Minimum Hours:
All part-time Communications Officers shall work a minimum of 16 hours per month. All part-time
Communications Officers shall work a minimum of 8 hours per month on each of the 2 defined shifts,
if the opportunity exists.
Shift Assignments:
All part-time Communications Officers shall be capable of working any shift without restriction. The
Division may assign specific working hours to part-time Communications Officers based on the needs
of the Division.
5. Time -off Requests
A written request for compensatory time off shall be made and approved no later than 24
hours prior to the requested time off. Exceptions to this time limit may be allowed on a case-
by-case basis. The Senior Communications Supervisor or the Senior Communications
Supervisor's designee shall approve or deny any request for time off.
All Communications Officers, on a first come first served basis, who submit a request for time
off may utililize accrued compensatory time off (CTO), holiday time or vacation time off
provided an approved fill is obtained from the Senior Communications Supervisor and/or their
vacancy does not result in less than minimum staffing and does not negatively impact
dispatch operations. This policy is subject to suspension in emergency situations at the
discretion of the Department Director or his/her designee.
Communications Officers may submit a request for time off (CTO, holiday or vacation) only if
the individual requesting such time off has that time available on record at the time of the
request.
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Implementation of 3112 Work Schedule for
Communications Officers
.January 6, 2006
Page 4 of 7
With regard to the practice of shift trades, Communications Officers will continue to follow the
division's Standard operation Procedures as outlined in Telecommunications Division DSOP
Section 62.
6. Comp Time & Overtime Accrual
Due to the Communications Officer vacancies that have existed over the past months,
overtime and comp time accrual has increased due to the need to backfill these vacancies.
Due to the additional days off provided by the 3/12 schedule and the prospect of tilling the
existing vacancies, it is expected that overtime and comp time accrual will be reduced. To
what level it will be reduced is uncertain because many factors outside of the 3/12 schedule
(i.e., a long-term absence, unplanned absences, vacancies) can impact the need for
overtime. Still, this will be an area that will be monitored for fiscal impacts to the City over
the 18 -month trial period.
7. Holidav Time: Time Off Bank and Cash Out Option
Prior to the beginning of each calendar year, employees will have a choice to make an
irrevocable election for the upcoming payroll year to either (a) take time off for the holidays or
(b) cash out holiday pay
Section 8.11 of the 2004-2007 Memorandum of Understanding with CMCEA provides for the
cash out and/or banking of annual holiday time for civilians who work without regard to
Holidays. The leave bank hours provided for in Section 8.11 of the CMCEA MOU are as
follows: 8hr shift = 96 hrs; 91hr shift = 108 hrs; and 10hr shift = 120 hrs. Under the terms and
conditions of the 3/12 schedule, it is agreed that Communications Officers working a 3/12
schedule will receive a holiday hours' bank of ten (10) hours for each holiday in the payroll
year should the employee choose a bank of time rather than cashing out of the holiday hours.
a. Time Off Bank
Those employees who choose to take time off in lieu of the holidays will receive a bank of ten
(10) hours for each holiday that occurs in the payroll year. These employees will be required
to record on their timesheets the hours that correspond with their regular workday shift and
schedule. The hours will be available the first pay period of the new payroll year. The Senior
Communications Supervisor shall approve or deny the time off request and approval will be
based upon available staffing needs and the needs of the employee. At the end of the payroll
year, any remaining hours will be carried over to the next payroll year (however, the
subsequent year's bank, shall be reduced by the number of hours carried over).
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Implementation of 3112 Work Schedule for
Communications Officers
January 6, 2006
Page 5 of 7
For purposes of further clarification regarding the payroll year, if the employee chooses the
"Time Off', the employee will receive, as stated above, 10 hours for each holiday in the
upcoming payroll year. Due to the fact that payroll calendar year will vary, in some years the
employee might receive 110 hours of Holiday Time off (11 holidays actually occurring in the
payroll year). In another payroll year the amount could be a maximum of 130 hours (13
holidays actually occurring in the payroll year).
b. Cash -out Option
Employees who choose the cash out option will receive the holiday pay bank of 96 hours (8
hours for each holiday occurring in the payroll year) beginning the first pay period for the new
payroll year. The holiday pay bank may be cashed out at anytime during the year. At the
end of the payroll year, any remaining holiday pay will be cashed out unless he employee
previously elects to have it applied as accrued vacation. Throughout the payroll year, if an
employee, who has selected this option, decides to take a holiday off, they must use either
vacation or comp time, not holiday time.
For clarification purposes, due to the fact that payroll year will vary from the calendar year, in
some years the employee will receive 88 hours of Holiday time for cash -out (11 holidays
actually occurring in the payroll year at 8 hours each) and in some years it will be 144 hours
for cash -out (13 holidays actually occurring in the payroll year at 8 hours each).
8. Employees` Well Being
The City is concerned about the possible impacts of the on-going 3112 schedule on the
employees and the well being of the Communications Officers is of foremost concern.
Should the 3/12 schedule result in any negative impacts to the employees or the employees'
health, the trial period may be shortened or terminated. Such concerns and matters will be
evaluated by monitoring sick leave usage and workers' compensation claims as well as other
relevant factors.
9. Work Schedule Form — Designation of FLSA Work Period
To comply with the Fair Labor Standards Act (FLSA), each non-exempt employee, both full
time and part-time, must complete a "Notification of Work Schedule & FLSA Work Period"
form before implementation of the 3-12 Schedule and also before each permanent shift
change. This is necessary because each Communications Officer may have an FLSA work
period that differs from their payroll pay period.
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Implementation of 3/12 Work Schedule for
Communications Officers
January 6, 2006
Page 6 of 7
10, Final Pay Check Calculations at Termination of Employment and the FLSA Work
Period Schedule
Due to the various beginning and ending dates of the differing FLSA work periods under the
3/12 schedule, the calculations of an employee's final paycheck may not equate to a full 80
hours. While all hours worked will always be accounted for, the final day worked may not
always be the final day of the FLSA work period.
At the time of separation from the City, the employee's final paycheck will include
compensation for actual hours worked plus all accrued leave time "pay offs" as stated in
MOU. If for any reason the employee at the time of separation works over the 80 regular
hours during pay period, all the time above 80 hrs will be paid as overtime.
At the time of separation, any Unused Holiday Time Off that has been banked will be pro-
rated for those holidays that have actually occurred and converted to the cash out option, at 8
hours for each pro -rated holiday up the employee's date of separation, and paid to the
employee as a cash value.
If the employee Used Holiday Time Off, and the holiday(s) for that "time off' have not yet
occurred as of the separation date, the value of 10 hours for that holiday time used will be
deducted from the final paycheck. This deduction will be calculated based upon the hourly
rate that was in effect when the employee took the time off.
If the employee Cashed -out Holiday Time at the beginning of the payroll year, and the
holiday(s) for that "cash -out" have not yet occurred as of the separation date, the value of 8
hours for each holiday cashed -out will be deducted from the final paycheck. This deduction
will be calculated based upon the hourly rate that was in effect when the employee took the
cash -out.
11. On-going Review and evaluation - Reverting to 5-Day/8-Hour Work Schedule
The Communications Officers and the City understand and agree that if the modified
schedule negatively impacts operations of the Telecommunications Center, as determined by
management, the Communications Officers will revert to the previous 5-day/8-hour work
schedule. The 3/12 schedule will be evaluated from the date of implementation, January 8,
2006, through its sunset date of July 7, 2007.
During this evaluation period, there will be on-going review and assessment by the
Administrative Services Director and the Telecommunications Manager, information from
these evaluations and assessments will be communicated to the City Manager for his review.
At the end of the 18 months, the 3/12 schedule will be evaluated for continuation based upon
the positive and any negative impacts to the community and operations. However, negative
46
Implementation of 3112 Work Schedule for
Communications Officers
January 6, 2006
Page 7 of 7
impacts can necessitate reverting to the 5-day/8-hour work schedule prior to the end of the
18 -months. While every effort has been made to identify the full impact, both negative and
positive, of this work schedule, the City reserves the right to modify terms and conditions
should the safety of the community or the operations of the City be adversely affected.
Now therefore, the parties below, representing CMCEA and the City, agree to the
implementation of the 3/12 schedule based on the terms and conditions provided for in this
Letter of Agreement:
Cherie PittingtW Date
Communications Supervisor
Jana Cacho Date
`-Senior Communications Officer
Demise Armijo Date
Communications Officer
lilt'e�z , '111�1-- 1., 1, &
Kel-- ,y Vucin c Date
President CMCEA
1-6 -06
Stephen N. Mandoki Date
Administrative Service Director
I
(� � //' �/e
Terri Cassidy Date
Human Resources Manger
Anna eIIez Date
Telecommunicati ns anager
av o_Mil
irez
Senior 06NmunicatioKs Supervisor
Larryykins
CMCEA Reptesentative
47
1-10-06
Date