HomeMy WebLinkAboutContract 1885 Cathedral City
City of Cathedral City
MEMORANDUM OF
UNDERSTANDING
THE AMERICAN FEDERATION OF
STATE, COUNTY AND MUNICIPAL
EMPLOYEES (AFSCME)
JANUARY 1, 2020 -DECEMBER 31, 2022
Table of Contents
ARTICLE 1: MAINTENANCE OF MEMBERSHIP;CONTRACT BAR; PETITIONS FOR DECERTIFICATION; DUES
AND OTHER DEDUCTIONS 5
1.1 Maintenance of Membership;Contract Bar; Petitions for Decertification 5
1.2 Dues and Other Deductions 6
ARTICLE 2:SEVERABILITY 6
ARTICLE 3:STRIKES AND/OR JOB ACTIONS 6
ARTICLE 4:TERM 7
ARTICLE 5:GENERAL PROVISIONS 7
5.1 Equal Employment Opportunity. 7
5.2 Safety and Health 7
5.3 Employee Activities 7
5.4 Inconsistent Employee Activities. 8
5.5 Improper Use of City Equipment Prohibited. 8
5.6 Political Activity 8
5.7 Criminal Conviction-Ineligibility for Employment. 9
ARTICLE 6: MANAGEMENT RIGHTS 9
6.1 Exclusive Control of Certain Aspects. 9
6.2 Not Subject to Grievance Procedure. 10
6.3 Meet and Confer 11
ARTICLE 7:COMPENSATION 11
7.1 Salary Schedule Adjustments 11
7.2 Salary Advancement-Full-time Employees. 11
7.3 Salary on Promotion. 13
7.4 Salary on Demotion. 13
7.5 Salary on Reinstatement 13
7.6 Salary on Transfer. 13
7.7 Salary on Position Reclassification 13
7.8 Special Salary Adjustments. 14
7.9 Overtime. 14
7.10 Standby Pay 14
7.11 Call-Out Pay 14
7.12 Compensation for Layoff 14
7.13 Compensation during Suspension 15
7.14 Salary on Voluntary Demotion. 15
7.15 Bilingual Pay. 15
7.16 Acting Appointments. 16
7.17 Shift Differential. 16
7.18 Public Safety Dispatcher II Training Incentive. 16
AFSCME 1 January 1, 2020—December 31, 2022 2 1 <-, g (
7.19 Compensation for Vehicle Use 16
7.20 Restitution. 16
7.21 Error in Determination of Correct Salary Rate. 16
7.22 Specialized Licenses. 17
ARTICLE 8: RECRUITMENT AND SELECTION 17
8.1 Physical Requirements 17
8.2 Separation 17
8.3 Voluntary Demotion. 18
8.4 Transfer 18
ARTICLE 9: PROBATION 18
9.1 General Unit Employees. 18
9.2 Probationary Period -Public Safety Dispatchers. 18
9.3 Probation on Promotion or Reinstatement. 18
9.4 Objective of Probationary Period. 19
9.5 Satisfactory Completion of Probation Period. 19
9.6 Unsuccessful Probation Period. 19
9.7 Probation Following Layoff. 19
9.8 Voluntary Probation. 19
ARTICLE 10:EMPLOYEE LAYOFF PROCEDURES 19
10.1 Purpose for Layoffs. 19
10.2 Bargaining Unit Notification 20
10.3 Order of Layoff. 20
10.4 Layoff and Seniority. 20
10.5 Layoff Notice. 20
10.6 Reassignment. 21
10.7 Reinstatement List. 21
ARTICLE 11:CONDUCT AND DISCIPLINE 21
11.1 Standards of Conduct 21
11.2 Improper Employee Conduct. 21
11.3 Disciplinary Action 23
11.4 Hearings Appeals and Grievances. 25
ARTICLE 12:ATTENDANCE AND LEAVES 27
12.1 Attendance at Work;Absence without Leave. 27
12.2 Automatic Resignation. 27
12.3 Hours of Work. 28
12.4 Work Week 29
12.5 Leave of Absence 30
12.6 Military Duty 30
12.7 Vacation Leave. 30
12.8 Discretionary Time Off. 31
12.9 Compensatory Time. 31
AFSCME I January 1, 2020-December 31, 2022 3 I P a g e
12.10 Holidays/Float Hours 32
12.11 Sick Leave. 34
12.12 Family Illness Leave. 36
12.13 Unauthorized Leave. 36
12.14 Catastrophic Leave Donation. 36
12.15 Family/Medical Leave. 38
ARTICLE 13:GRIEVANCE PROCEDURES 38
13.1 Matters Subject to Grievance Procedures. 38
13.2 Informal Grievance Procedure. 38
13.3 Formal Grievance Procedure. 38
13.4 Appeal to the City Manager. 38
13.5 Extension of Time Limitations. 39
ARTICLE 14:EMPLOYEE REPORTS AND RECORDS 39
14.1 Personnel File. 39
14.2 Disclosure of Information 39
ARTICLE 15:EDUCATIONAL INCENTIVE 39
ARTICLE 16: FRINGE BENEFITS 40
16.1 Enrollment in Group Insurance Plans 40
16.2 Public Employees Retirement System 42
16.3 Uniform and Equipment Allowances. 43
16.4 Deferred Compensation 43
16.5 Short Term and Long-Term Disability. 43
16.6 Wellness Program. 44
ARTICLE 17:AGREEMENT ALL INCLUSIVE 44
AFSCME I January 1, 2020—December 31, 2022 4 I P a g e
Memorandum of Understanding between the City of Cathedral City and the American
Federation of State,County and Municipal Employees, Local 3961(AFSCME) Relating to
General Employees.
(January 1, 2020—December 31, 2022).
This Memorandum of Understanding is entered into with reference to the following facts:
A. The Cathedral City Local of the American Federation of State, County and Municipal
Employees, Local 3961, is recognized under the provisions of the Meyers-Milias-Brown
Act of the State of California as the majority representative of the following employees:
All full-time employees of the City of Cathedral City, except
sworn firefighters, sworn police officers, executive,
administration, management, professional and confidential
employees, as defined in City Resolution 82-84 Sections E and
G, Administrative support in the City Manager's office and to
the City Council, City Clerk and any staff member assigned in
Human Resources, and confidential Administrative Assistants
to Department Heads.
B. The Cathedral City Local of the American Federation of State, County and Municipal
Employees (hereinafter sometimes referred to as "AFSCME") and representatives of the
Municipal Employee Relations Representative of the City of Cathedral City (hereinafter
sometimes referred to as the "City") have met and conferred in good faith on wages,
hours,and other terms and conditions of employment for the employees represented by
AFSCME in the bargaining unit listed above, and have reached agreements which are set
forth in this Memorandum of Understanding (hereinafter sometimes referred to as the
"MOU"or"Agreement").
C. This Memorandum of Understanding is established in accordance with the provisions of
the Meyers-Milias-Brown Act (Government Code §3500, et seq.), effective only upon
ratification by the City Council of the City of Cathedral City.
D. The City will comply with Section 104 of the City Charter.
Subject to the foregoing limitations, AFSCME and the City of Cathedral City agree as follows:
ARTICLE 1: MAINTENANCE OF MEMBERSHIP; CONTRACT BAR; PETITIONS FOR
DECERTIFICATION; DUES AND OTHER DEDUCTIONS
1.1 Maintenance of Membership; Contract Bar; Petitions for Decertification. All
general employees of the City of Cathedral City who are covered by this Agreement and
who are members of AFSCME shall continue and maintain their membership in AFSCME
for the duration of this Agreement, except as follows: any AFSCME member may
withdraw from membership during the first five (5) working days of July. Employees
withdrawing from AFSCME must submit their request to the City and AFSCME in writing.
AFSCME agrees to enforce this provision and to indemnify and hold harmless the City, its
AFSCME January 1, 2020—December 31, 2022 5
officers and employees, from all liabilities and/or damages arising from the operation of
this Article. This Memorandum of Understanding shall further constitute a bar to the
implementation of section 11(A)(2) of City Resolution 82-84, except that the City shall
accept a petition for decertification of AFSCME only during the 30-60-day period prior to
the expiration of this Agreement.
1.2 Dues and Other Deductions.
The Association will maintain records of employee authorizations for dues deductions and
shall provide the City with information regarding the amount of dues deductions and the
list of Association members who have authorized dues deductions.To the extent required
by the Government Code,the City shall rely on the information provided by AFSCME and
deduct those authorized dues.
The employee's earnings must be sufficient after other legal and required deductions are
made to cover the amount of the dues. When an employee is in a non-pay status for an
entire pay period, no deduction will be made to cover the pay period. In the case of an
employee who is in a non-pay status during part of the pay period, and the salary is not
sufficient to cover the full withholding, no deduction shall be made. In this circumstance,
all other legal and required deductions (including health care deductions) have priority
over Association dues.
AFSCME agrees to enforce this provision and to indemnify and hold harmless the City, its
officers and employees,from all liabilities and/or damages of any nature arising from the
application of this section.
ARTICLE 2: SEVERABILITY
It is understood and agreed by the parties that this MOU is subject to all present and future
applicable Federal and State laws and regulations,and the provisions hereof shall be effective and
implemented only to the extent permitted by such laws and regulations. The parties hereto have
bargained with regards to some provisions which are covered by the Fair Labor Standards Act,
and, to the extent that the Fair Labor Standards Act permits employers and employee groups to
contract for modification of the procedures otherwise utilized under the Fair Labor Standards Act,
and to the extent that such modification is authorized by Federal law,the parties intend that this
contract shall take precedence over the provisions of the Fair Labor Standards Act. If any part of
this Agreement is in conflict or is found to be inconsistent with such applicable provisions of State
or Federal law or regulation, or otherwise found to be invalid or unenforceable by any tribunal of
competent jurisdiction, such part or provision shall be suspended, and the provisions of the
applicable laws and regulations shall prevail; in such event, however,the remainder of this MOU
shall not be affected thereby and shall remain in full force and effect.
ARTICLE 3: STRIKES AND/OR JOB ACTIONS
AFSCME,on behalf of all of its members,agrees that neither AFSCME, nor its representatives, nor
members of the Cathedral City Chapter of AFSCME, shall engage in, cause, instigate, encourage,
or condone a strike or job action of any kind during the term of this Agreement.
AFSCME I January 1, 2020— December 31, 2022 6
ARTICLE 4: TERM
This Agreement shall be in effect beginning January 1, 2020 and shall continue in full force and
effect until December 31, 2022.
ARTICLE 5: GENERAL PROVISIONS
5.1 Equal Employment Opportunity. Appointments and promotions of individuals shall
be made on the basis of job-related standards of education, training, experience, merit
and ability. No appointment to or removal from a position in the City's personnel system
shall be affected or influenced by any consideration of race, color, ancestry or national
origin, age, gender (including gender identity and gender expression), marital status,
sexual orientation, domestic partnership status, medical condition, physical or mental
disability, genetic information, military or veteran status, or political or religious opinion
or affiliation.
5.2 Safety and Health. The City and its'employees shall comply with CAL/OSHA safety laws,
rules and regulations. The City shall provide training, equipment and compliant facilities
in order to allow employees to follow safe practices. All employees shall follow safe
practices as trained, use personal protective equipment as required, render every
possible aid to safe operations, and report all unsafe conditions or practices. Special
equipment, if it is required,shall be provided by the City.
5.2.1 Impairment. No employee shall work,or be permitted to work, at any time when
his or her ability to work is visibly impaired by alcohol, intoxicating liquors,
controlled substances, drugs (legal or otherwise), or any other substance which
renders the employee's condition hazardous to himself/herself or to others. No
employee shall have in his or her possession any intoxicating substance, illegal
drugs or controlled substances while on duty. An employee may have in his/her
possession a medication for which she/he holds a valid prescription.
5.2.2 Safety Equipment. Any safety equipment required by the City or by OSHA
regulations shall be provided and replaced by the City; an employee will be
responsible for replacement of equipment damaged through abuse. Winter
jackets will be provided once every three years for Public Works employees who
work on or around City streets. The employees will be consulted as a group to
gain consensus about which jackets to purchase. All jackets will be the same and
jackets that are damaged in the course of employment will be replaced.
5.3 Employee Activities. During the employee's workday, he/she is expected to devote
his/her full time in the performance of his/her assigned duties as a City employee. No
employee shall engage in any outside employment, enterprise, or remunerated activity
without the prior approval of his/her department head or appointing power. At no time
shall any such outside employment or activity be conducted on City time. No employee
shall engage in any employment, outside activity or enterprise which is inconsistent,
incompatible, in conflict with, or interferes with his/her ability to perform the duties,
functions or responsibilities of his/her position as a City employee, nor shall he/she
AFSCME I January 1, 2020— December 31, 2022 7
engage in any outside activity which will directly or indirectly contribute to the lessening
of his/her effectiveness as a City employee. No employee shall engage in any type of
activity relating to an employee organization during such time as employee is on duty,
except as expressly permitted by the City Manager or designee, State and Federal laws,
MOU, or Council resolution.
5.4 Inconsistent Employee Activities. In making a determination as to the consistency or
inconsistency of outside activities, the department head or appointing power shall
consider, among other pertinent factors,whether the activity:
A. Involves receipt or acceptance by the employee of any money or other
consideration from anyone other than the City for the performance of an act
which the employee, if not performing such act, would be required or expected
to render in the regular course of his/her City employment as a part of his/her
duties as a City employee; or,
B. Involves conditions or factors which would be incompatible or in conflict with the
duties, functions or responsibilities of the employee in his/her regular City
employment; or,
C. Involves the performance of an act in other than his/her capacity as a local agency
officer or employee which act may later be subject directly or indirectly to the
control, inspection, review, audit, or enforcement of any other officer or
employee or the agency by which he/she is employed; or,
D. Involves such time demands as would render performance of his/her duties as a
local agency officer or employee less efficient; or,
E. Involves the use for private gain or advantage of City time, facilities, equipment
and supplies, prestige, influence, or confidential information of one's City office
or employment; or,
F. Involves the solicitation of future employment with a business having business
transactions with the City over which the employee has some control or influence
in his/her official capacity at the time of the transaction.
5.5 Improper Use of City Equipment Prohibited. No City-owned equipment, autos,
trucks,instruments,tools,supplies, machines, badges,identification cards,or other items
which are the property of the City shall be used by an employee except upon prior
approval of the employee's department head or appointing power or designee duly
authorized to give such approval.
5.6 Political Activity. Except as necessary to meet State or Federal law requirements, no
restrictions shall be placed on the political activities of any officer or employee of the City
of Cathedral City other than the following:
AFSCME I January 1, 2020— December 31, 2022 8
A. Use of office, authority or influence to obtain change in position or
compensation. No employee shall directly or indirectly use, promise,threaten or
attempt to use his/her office, authority or influence,to secure,or to obstruct or
prevent another person from securing, any position, nomination, confirmation,
promotion, or change in compensation or position within the City, upon the
condition that his/her vote or another's vote, influence or action shall be given
or used on behalf of, or withheld from, any candidate, officer, or party, or upon
any other corrupt condition or consideration. (Government Code§3204)
B. Soliciting political funds or contributions from other officers or employees. No
employee shall directly or indirectly solicit political funds or contributions from
other employees of the City. The employee, however, is not prohibited from
communicating through the mail or by other means, requests for political funds
or contributions to a significant segment of the public which may include officers
or employees of the City. (Government Code§3205)
C. No employee shall engage in political activity during working hours nor engage in
political activities on City premises. (Government Code§3207)
D. No employee of the City may engage, during his/her working hours, in the
solicitation or receipt of political funds or contributions to promote the passage
or defeat of a ballot measure which would affect the rate of pay, hours of work,
retirement,civil service or other working conditions of the employees of the City;
nor shall entry be permitted into the workplace during working hours for those
purposes. (Government Code§3209)
5.7 Criminal Conviction - Ineligibility for Employment. Except as otherwise hereinafter
provided,no person convicted of a felony,or of a misdemeanor involving moral turpitude,
shall be eligible for employment in the service of the City; provided, however, that the
City Manager may disregard such conviction, if he/she finds and determines that
mitigating circumstances exist, such as, but not limited to, evidence of rehabilitation,
length of time elapsed since such conviction, the age of the person at the time of
conviction, or the fact that the employee's work would be totally unaffected by the
conviction.
The City Manager and his/her authorized designees are hereby authorized to have access
to the "State Summary Criminal History Information" as provided for in California Penal
Code §11105, in order to enable the City Manager to fulfill his/her duties in the
employment,supervision and termination of City employees.
ARTICLE 6: MANAGEMENT RIGHTS
6.1 Exclusive Control of Certain Aspects. The City of Cathedral City retains all its exclusive
rights and authority under State law, and expressly and exclusively retains its
management rights,which include, but are not limited to:
AFSCME I January 1, 2020—December 31, 2022 9 I _' , g e
A. the exclusive right to determine the mission of its constituent departments,
commissions, boards;
B. set standards and levels of service;
C. determine the procedures and standards of selection for employment and
promotions;
D. direct its employees;
E. establish and enforce dress and grooming standards;
F. determine the methods and means to relieve its employees from duty because
of lack of work or other lawful reasons;
G. maintain the efficiency of governmental operations;
H. determine the methods, means and numbers and kinds of personnel by which
government operations are to be conducted;
determine the content and intent of job classifications;
J. determine methods of financing;
K. determine style and/or types of City-issued wearing apparel, equipment or
technology to be used;
L. determine and/or change the facilities, methods, technology, means,
organizational structure and size and composition of the work force and allocate
and assign work by which the City operations are to be conducted;
M. determine and change the number of locations, relocations and types of
operations, processes and materials to be used in carrying out all City functions
including, but not limited to,the right to contract for or subcontract any work or
operations of the City;
N. assign work to and schedule employees in accordance with requirements as
determined by the City and to establish and change work schedules and
assignments upon reasonable notice;
O. establish and modify productivity and performance programs and standards;
P. discharge, suspend, demote, reprimand, withhold salary increases and benefits
or otherwise discipline employees in accordance with applicable law;
Q. establish employee performance standards including, but not limited to, quality
and quantity standards, and to require compliance therewith;take all necessary
actions to carry out its mission in emergencies; and
R. exercise complete control and discretion over its organization and the technology
of performing its work.
6.2 Not Subject to Grievance Procedure. The exercise by the City through its City Council
and management representatives of its management rights as set forth above shall not in
any way, directly or indirectly, be subject to the grievance procedure unless the matter is
covered in this MOU.
AFSCME I January 1, 2020— December 31, 2022 10
6.3 Meet and Confer. Notwithstanding section 6.1, except in emergencies, whenever the
exercise of management's rights shall impact employee members of AFSCME, the City
agrees to meet and confer with representatives of AFSCME regarding the impact of the
exercise of such rights, unless the matter of the exercise of such rights is provided for in
this MOU or in the Personnel Rules and Regulations, Safety Resolutions and Municipal
Code which are incorporated herein by reference in this MOU. By agreeing to meet and
confer with AFSCME as to the impact of the exercise of any of the foregoing City rights,
management's discretion in the exercise of these rights shall not be diminished.
ARTICLE 7: COMPENSATION
7.1 Salary Schedule Adjustments. Salaries will be increased by the following amounts on
the first full pay period following the effective date:
A. 3% effective September 9, 2020
B. 2%effective January 1,2021
C. 2%effective January 1, 2022
7.2 Salary Advancement - Full-time Employees. Except as otherwise provided in this
Article, full-time employees may be considered for an increase in salary according to the
following rules:
7.2.1 Merit Increase Advancement. Advancement to the next higher merit increase
step shall not be automatic. Such salary increase or denial of salary increase shall
require the specific recommendation, through a performance evaluation, of the
employee's department head and the approval of the Personnel Officer. Any
such advancement shall be granted only as a result of a written evaluation of
continued meritorious and efficient service and continued improvement by the
employee in the effective performance of the duties of his/her position. Merit
increases shall take effect on the employee's merit review date unless the City
has prepared a denial of such a merit increase following an overall below standard
rating on a performance evaluation completed by the supervisor prior to such
merit review date. When an employee is denied an increase, he/she may be
reconsidered for such advancement at any subsequent time with a satisfactory
performance evaluation.
7.2.2 Advancement Schedule.
A. Merit Steps 1 through 5: Advancement to a next higher merit increase
step may be made after a twelve (12)-month interval from the hire date
or the date of the last merit increase, whichever is most recent, for
continued satisfactory services. Steps 2 through 5 shall be compensated
approximately 5% higher than the prior Step.
B. Merit Steps 6 through 8: Advance may occur after two (2) years
satisfactory service in the next preceding step in the respective salary
AFSCME January 1, 2020—December 31, 2022 11
range. These steps shall be compensated approximately 2.5% higher
than the prior Step.
C. Series Advancement. For employees who occupy the beginning
classification within a classification series (i.e. Maintenance Worker I,
Office Assistant I, Building Inspector I, etc.), the yearly evaluation of the
employee shall indicate whether the employee is eligible for series
advancement or not. If the employee is determined to be ineligible for
advancement, the evaluator shall indicate in writing the areas of
improvement, knowledge and experience desired in order to be
considered for advancement during the next evaluation period.
Employees shall be provided reasonable opportunity during the next
evaluation year to experience assignments that have been deemed
necessary to fulfill advancement requirements conditional on operation
needs and if practical.
7.2.3 Performance Evaluation Grievance. A performance evaluation which
recommends against timely implementation of the next scheduled merit increase
or which reasonably indicates future denial is likely, shall be subject to grievance
under the grievance procedures specified in Article 13. Even without resort to
the grievance procedure,the employee shall in any event have the right to attach
a written rebuttal to the performance report, and the rebuttal shall become part
of the City's personnel records on that employee.
7.2.4 Longevity Increments.
A. Employees will be provided with an additional salary increment after
fifteen (15) years of employment with the City. This increment shall be
compensated at 7.5%higher than their current pay for CaIPERS Level One
employees (as defined in Section 16.1.4.a) and 2.5% higher for CaIPERS
Level Two Classic and PEPRA/New employees.
B. Employees will be provided with an additional salary increment after
twenty (20) years of employment with the City. This increment shall be
compensated 5% higher than the first longevity increment for CaIPERS
Level One employees and 2.5% higher for CaIPERS Level Two Classic and
PEPRA/new employees.
C. Employees will be provided an additional salary increment after twenty-
five (25) years of employment with the City. This increment shall be
compensated 2.5% higher than the previous longevity increment. This
section only applies for Employees hired prior to November 25, 2012.
AFSCME I January 1, 2020—December 31, 2022 12
7.3 Salary on Promotion. Any employee who is promoted to an open position in a class
with a higher salary range shall be placed on Step 1 in the new higher range or placed at
the step which provides at least a minimum 5% base salary increase for the employee,
not to exceed the highest merit increase step of the new range. The employee's merit
review date shall change to the effective date of the promotion for consideration in
subsequent years.
When economic conditions,unusual employment conditions or exceptional qualifications
of a candidate for promotion indicate that a higher merit increase step would be in the
City's best interests, upon written recommendation of the department head, the City
Manager may authorize payment of salary at a higher merit increase step in the salary
range.
7.4 Salary on Demotion. Any employee who is demoted may be placed at a lower step or
may be placed at a step in a lower range or may be placed at step "Y" which is equal to
the employee's current salary step. The employee's merit review date shall not change.
An employee receiving Step"Y"shall remain in the Step"Y" until such time as the position
is assigned to a salary range in which the last step is equivalent to or higher than the Step
"Y", at which time the employee shall be placed in the next highest step. Such employee
shall not receive salary adjustments until such time as Step "Y" is equivalent to or less
than the highest merit increase step of the salary range of the employee's position.
7.5 Salary on Reinstatement. An employee who resigned in good standing may, within
one (1)year of such resignation and upon recommendation of the department head and
approval of the City Manager, be reinstated in a position in the class in which the
employee had previously served, subject to an available budgeted position. Upon such
reinstatement,the employee shall not receive a salary higher than the step in the salary
range the employee previously received prior to the employee's separation. The em-
ployee shall be given a new merit review date, as if a new hire.
7.6 Salary on Transfer. Any employee who is transferred from one position to another
position in the same class,or to another position in a classification having the same salary
range, shall be compensated at the same step in the salary range as the employee
previously received. The employee's merit review date shall not change.
7.7 Salary on Position Reclassification. When an employee in the classified service is
reclassified to a lower classification, the employee shall retain his/her rate of pay and
his/her merit review date or shall be placed in the step of the lower salary range closest
to the employee's salary rate. If the last step of the salary range of the lower job class is
lower than the employee's salary rate, the current salary step shall be identified as Step
"Y" because of a downward reclassification, and the employee shall remain in the Step
"Y" until such time as his/her job is assigned to a salary range in which the highest step is
equivalent to or higher than the Step "Y", at which time the employee shall be placed in
the next higher step. Such employee shall not receive annual or other periodic salary
adjustments until such time as Step "Y" is equivalent to or less than the highest step of
the salary range of the employee's reclassified position. When an employee is reclassified
AFSCME I January 1, 2020— December 31, 2022 13
to an equivalent classification, the employee shall retain his/her salary rate and merit
review date. When an employee is reclassified to a higher classification, the employee
shall be placed on Step 1 in the new higher range or placed at the step which is a minimum
5% base salary increase for the employee, not to exceed the highest merit increase step
of the new range. The employee's merit review date shall change to the effective date of
the reclassification for consideration in subsequent years.
7.8 Special Salary Adjustments. A department head may recommend in writing to raise
an employee's salary step to a higher merit increase step prior to the eligibility times
specified in this Article so as to recognize meritorious service, advanced educational
achievements or other extraordinary attributes related to the employee's public service.
Such increased compensation is subject to the approval of the City Manager and the
availability of budgeted funds. The employee's merit review date shall change to the
effective date of the special increase.
7.9 Overtime. A department head may require an employee to work beyond the
employee's regular hours of employment. If the employee works in excess of forty (40)
hours in a work week,such employee shall be paid at one and one-half(1-1/2)times the
employee's regular rate of pay,or receive compensatory time at one and one-half(1-1/2)
times hours worked. Paid time off(vacation leave, sick leave, comp time, float, etc.) is
not considered time worked for purposes of calculating overtime, except that holidays
shall be considered time worked.
7.10 Standby Pay. A department head may designate any number of persons for standby
assignment on"regularly scheduled days off a normal work week",subject to approval of
the City Manager. Pay for designated standby shall be eight (8) hours regular pay per
scheduled days off period (regardless of duration). Assignments will be on a rotating
basis,where possible,and the designee will be provided with a means of communication.
7.11 Call-Out Pay. The City shall pay a minimum of two (2) hours at time and one-half for
any call-out during any"regularly scheduled days off a normal work week"or after hours
call-out if the employee had been released from work on a normal business day. Call-Out
pay is not considered time worked for purposes of calculating overtime. However, any
actual time that an employee is called in to work will be considered time worked for
purposes of calculating overtime.
7.12 Compensation for Layoff. An employee who is terminated from the classified service
of the City as a result of a layoff shall be paid for accrued vacation and accrued Comp
Time. Payment shall also be made under the provisions of Section 12.11, if a laid off
employee has three (3) or more years of employment with the City. Accrued sick leave
shall be restored to an employee if the employee is reemployed within one (1) year.
Should an employee be reemployed in the formerly held position,the employee shall be
placed at the same salary step as when the layoff occurred. No credit shall be received
toward a step increase or seniority during the period of layoff.
AFSCME I January 1, 2020— December 31, 2022 14
Employees who have attained regular status at the time of layoff and who are
reemployed within a period of one (1)year shall retain their assigned merit review dates.
Regular employees who are reemployed after a period of one (1) year will be assigned a
new merit review date.
7.13 Compensation during Suspension. An employee who is suspended with pay under
the disciplinary procedures of Article 11 shall be paid that salary the employee was
entitled to prior to the suspension. An employee who is suspended without pay under
the disciplinary procedures of Article 11 shall not be paid for those specific days of
suspension. Additionally,an employee suspended without pay shall not accrue sick leave,
vacation, seniority or other benefits during a suspension of more than fifteen (15)
working days, except that health and life insurance benefits will be maintained.
7.14 Salary on Voluntary Demotion. At the discretion of the City Manager, any employee
who elects to take a voluntary demotion may be placed at a lower step,or may be placed
at a step in a lower range or may be placed at Step "V" which is equal to the employee's
current salary step. The employee's merit review date shall not change.
An employee receiving Step"V"shall remain in the Step"V" until such time as the position
is assigned to a salary range in which the highest merit increase step is equivalent to or
higher than the Step "Y" at which time the employee shall be placed in the next higher
merit increase step. Such employee shall not receive salary adjustments until such time
as Step "V" is equivalent to or less than the highest step of the salary range of the
employee's position.
7.15 Bilingual Pay.
A. Employees who have the ability to fluently converse in Spanish or a City-
Manager-approved second language may be designated as a bilingual employee
required to use their skills as a part of their City employment. This designation
must be made by the appropriate department head and approved by the City
Manager or designee in writing. Designated employees shall receive a stipend of
$70 per pay period. Eligible employees must successfully complete an initial
assessment test to receive such designation. An employee who fails the
assessment test may re-take the test every six (6) months. Changes to the
assessment process are subject to meet and confer.
B. An employee's refusal to use bilingual skills will result in the elimination of the
bilingual pay. However, an employee who expressed their reasonable concern
about accurately interpreting for a given situation shall not be considered
refusing to use said skill. Employees on any form of leave time in excess of (1)
month shall be ineligible to receive bilingual pay until the employee returns to
duty. The parties agree that bilingual pay shall be reported to CaIPERS. CaIPERS
shall determine whether it is pensionable under the law.
AFSCME I January 1, 2020—December 31, 2022 15
7.16 Acting Appointments. The City may,at its discretion,appoint an employee in an acting
capacity to fill a position vacant due to separation, extended illness or leave without pay
in a job classification higher than the one held by the employee. Acting appointments
shall be confirmed in writing on or before the first date of said acting appointment. The
employee shall receive any salary range increase which may be attendant to such acting
service.
Such service may be cumulative if the acting appointment is stopped and started again
within any consecutive period of one hundred eighty(180) calendar days.
Employees assigned to acting appointments will receive a five percent (5%) stipend.
7.17 Shift Differential. Employees covered by this agreement shall receive a shift differential
of 5%of salary,over and above the regularly established salary for the job performed,for
the hours worked between 6:00pm and 6:00am.
7.18 Public Safety Dispatcher II Training Incentive. When an employee in the
classification Public Safety Dispatcher II is requested to train an employee, he or she shall
receive a five percent (5%) stipend during the period of time he or she is required to
provide such training.
For the purposes of this section, training is formal instruction: on how to take calls, on
how to dispatch an appropriate response, on making entries into NLETS, on fielding calls
and on protocols at a dispatcher console.
7.19 Compensation for Vehicle Use. Compensation for an employee's use of his/her
personal vehicle shall be in accordance with the City's Travel Expenses Policy.
7.20 Restitution. An employee may be required in a manner approved by the City Manager
to provide restitution to the City of Cathedral City for willful, reckless, wanton or
malicious destruction of City property.
7.21 Error in Determination of Correct Salary Rate. Should an employee be advanced to
a higher step in the salary range for his/her class than that for which he/she was
recommended,or receive additional pay than that authorized,or accrue leaves or receive
other benefits through error, such error shall be corrected immediately following its
discovery. Reimbursement to the City by the employee of the overpayment caused by
said error shall be made by one of the following methods or a combination thereof:
A. Application of accrued equivalent time off for overtime service;
B. Application of equivalent time off for overtime service earned during the time
immediately following the date of the discovery of said error;
C. Application of the increase in the employee's salary following his/her next merit
or longevity merit salary increase;or
D. Any other method mutually agreed to.
AFSCME I January 1, 2020—December 31, 2022 16
Determination of which one or combination of the above methods of reimbursement
should be used shall be made by the department head subject to the approval of the City
Manager, subject to the grievance procedures of Article 13. Should the employee
terminate before full reimbursement to the City has been made the money required to
complete reimbursement shall be deducted from his/her last paycheck, if authorized by
law. However, the City shall not collect for any period earlier than an overpayment for
the preceding twelve (12) months from discovery. Other salary overpayments shall be
reimbursable under the procedures and guidelines set forth in this Section.
7.22 Specialized Licenses. When an employee is directed to utilize a certificate or specialized
license, he or she shall receive a five percent (5%) stipend, in hourly increments during
the time it is being utilized.
When an employee is required by Management to maintain a Class A Driver's License,the
employee shall receive $100 per month in compensation for maintaining the license. He
or she shall also receive an additional five percent (5%) of their base rate, in hourly
increments during the time it is being utilized. This is inclusive of employees required to
participate in the City mandated screening programs.
City shall bear the cost of obtaining certificates and licenses. The City shall also bear the
cost of maintaining all certificates and licenses except Class A licenses, per above.
ARTICLE 8: RECRUITMENT AND SELECTION
8.1 Physical Requirements. The City Manager may require that all employees be able to
perform the essential duties of their jobs, with or without reasonable accommodation,
and without creating unreasonable risk to their own health and safety or that of others.
No employee shall hold any position in a classification in which s/he cannot perform all
the essential functions thereof,with or without reasonable accommodation, and without
creating unreasonable risk to their own health and safety or that of others. Within the
limitations indicated,the City's policy shall be to make such efforts as are consistent with
the provisions of this Agreement to place physically disabled employees in such positions
as are available in the City service for which they are qualified,where their disabilities will
not substantially affect their performance of duties. Except as otherwise required by the
U.S. Americans with Disabilities Act or the California Fair Employment and Housing Act,
the employee's qualifications, length of service, nature of past performance and the
availability of openings may be considered in placing disabled employees.
8.2 Separation. An employee in the classified service may be separated from employment
with the City through retirement, resignation, probationary failure, death, dismissal,
layoff, or where the employee, because of disability, cannot perform the essential
functions of her/his job, including but not limited to other positions for which the
employee may be minimally qualified, where no reasonable accommodation is available
or where the employee would create unreasonable risk to his/her health and safety or
that of others. An employee wishing to resign shall file with the employee's supervisor a
written resignation stating the effective date. Such resignation shall be presented at least
two (2) weeks before leaving the service. The resignation shall be immediately reported
AFSCME I January 1, 2020— December 31, 2022 17
to the Personnel Officer. The other forms of separation described above are explained
elsewhere in this Memorandum of Understanding. Prior to separation,an employee must
return all City items issued to him/her in order to receive final compensation,failing which
the City may withhold from final compensation, to the extent permitted by law, the
reasonable value of unreturned property.
8.3 Voluntary Demotion. An employee may request a voluntary demotion under the
procedures of Article 7.14 or for reasons stated in a special request to the City Manager.
8.4 Transfer. An employee may be transferred at any time from one position to another
position in the same classification. The City Manager may order a transfer for the
purposes of economy,efficiency or for reasons related to the best interests of the City. A
request for transfer to a vacant position may be initiated by an employee or the
employee's department head. The transfer of an employee from one department to
another shall require the approval of the head of the department to which the employee
is transferring as well as the Personnel Officer. A department head may consider requests
for transfers concurrently with appropriate employment, reemployment, promotion or
reinstatement lists. No examination is required of an employee requesting a transfer;
however,the employee must possess the qualifications required for the position sought.
ARTICLE 9: PROBATION
9.1 General Unit Employees. For all general unit employees hired after the effective date
of this MOU,the first 1040 working hours after a classified service full-time employee has
been appointed shall be a probationary period.
9.2 Probationary Period - Public Safety Dispatchers. Public Safety Dispatcher II shall
serve a probationary period of twelve(12) months, or 2080 working hours. Public Safety
Dispatcher I shall serve a probationary period of eighteen (18) months, or 3120 working
hours. The 18 month probation can be reduced after 12 months upon recommendation
of Department Head to the City Manager or his/her designee and the approval of the City
Manager or his/her designee.
9.3 Probation on Promotion or Reinstatement. Except as otherwise provided, upon
accepting a reinstatement or an appointment to a different classification, an employee
serves a new probationary period of 1040 working hours. Employees assigned to a new
classification title resulting from a classification survey,shall not be subject to any new or
additional probationary period. Promotions or reinstatements will not be permanent
until the successful completion of this probationary period.
If a probationary employee's performance following a promotion or reinstatement has
not been satisfactory, it shall be so stated in a Personnel Action Form. In cases involving
a promotion,if a vacancy is available,and if the reason for dissatisfaction does not render
the employee unsatisfactory for the former position, the employee shall be returned to
a position in the class from which the employee was promoted. If the employee would
not be satisfactory in the former position,disciplinary action shall be taken to dismiss the
employee, rather than use of"unsatisfactory probation" procedures. If no vacancy exists
AFSCME I January 1, 2020— December 31, 2022 18
in such position,the employee shall be placed on a reinstatement list in accordance with
Section 10.7. In cases arising from reinstatement, the City Manager, upon receipt of a
Personnel Action Form, may authorize the dismissal of the employee for failure to
successfully complete probation.
9.4 Objective of Probationary Period. The work and conduct of probationary employees
shall be subject to close scrutiny and evaluation. The probationary period shall be
regarded as a part of the training and examination process and shall be used for securing
the most effective adjustment of a new employee to a position. Individuals employed
under City public employment programs,specially funded programs or contracts shall be
subject to the probationary provisions of these Rules should they be appointed to a
position in the classified service.
9.5 Satisfactory Completion of Probation Period. If a probationary employee's
probation period has been satisfactory, and advancement to regular status is warranted,
the department head shall so recommend on a Personnel Action Form together with a
performance evaluation submitted to the Personnel Officer. The City Manager, upon
receipt of these documents, may authorize the end of the employee's probationary
period by the execution of a Personnel Action Form. The employee shall only then be
advanced to regular status upon completion of the probationary period.
9.6 Unsuccessful Probation Period. If a probationary employee's initial probation period
has not been satisfactory, it shall be so stated in a Personnel Action Form. The City
Manager, by signing the Personnel Action Form, may authorize the dismissal of the
employee. A probationary employee may be dismissed at any time without cause and
without the right of appeal or grievance unless otherwise required by law. Notification
of dismissal shall be in writing and shall be given to the probationary employee prior to
the dismissal unless otherwise required by law.
9.7 Probation Following Layoff. Employees laid off while on probation must serve a new
probationary period upon reemployment.
9.8 Voluntary Probation. By mutual written agreement between the City and the
employee, approved by AFSCME in writing, a new or additional probationary period may
be established for any employee. Such agreement shall not be effective without AFSCME
approval.
ARTICLE 10: EMPLOYEE LAYOFF PROCEDURES
10.1 Purpose for Layoffs. For reasons of economy, of efficiency, or in the interest or
mandate of the public, reductions or curtailments of the City services may be required.
Whenever, in the judgment of the City Council, it becomes necessary, the City Council
may abolish any position or employment and the employee holding such position or
employment may be laid off.
AFSCME January 1, 2020— December 31, 2022 19
10.2 Bargaining Unit Notification. When a layoff is to occur, the City will notify the
designated bargaining unit representative at least sixty (60) calendar days prior to the
effective date of layoff. It is understood that, during this period, bargaining unit
representatives may submit recommendations regarding layoff alternatives, such as
reductions in hours, freezing merit pay increases or other similar programs which will
result in a reduction of the City's labor costs.
The notice provided to the bargaining unit representative shall contain reason(s) for the
reduction, a listing of departments that are affected, the specific City classifications and
numbers within each classification that shall be reduced,and opportunities for placement
of affected employees.
The bargaining unit representative shall respond to the City within fifteen (15) days
following notice. Should the City and the bargaining unit representative not agree to an
alternative to the proposed layoff within this period, the City may proceed to provide a
minimum thirty (30) calendar day layoff notice to the affected employees.
10.3 Order of Layoff. Layoff shall be made by classification within the Department. The
order of layoff within classification shall be as follows:
1) Temporary (as-needed)employees
2) Probationary employees
3) Individual independent contractors performing the work of the affected
classification
4) Regular employees as defined in section 10.4 below.
10.4 Layoff and Seniority. Affected regular employees shall be laid off in inverse order of
seniority. Seniority for regular employees is defined as the length of current continuous
permanent service within the employee's classification in the same City department.
Seniority shall be retained, but shall not accrue, during any period of authorized leave of
absence (as defined in 12.5).
10.5 Layoff Notice. A written layoff notice shall be sent to the employee at least thirty (30)
calendar days prior to the effective date of the layoff. The notice will inform the
employee of the following:
1) The reason for the layoff
2) The effective date of the layoff
3) The opportunity to meet with a City representative
4) The conditions governing reemployment
5) Unemployment Insurance
The layoff notice described above shall not preclude the City from holding individual or
group meetings with affected employees to explain the layoff process and employee
rights and responsibilities. The bargaining unit representative will be notified three (3)
business days prior to any such meetings. The bargaining unit representative will notify
the City of any representative or designee that will be present at such meetings.
AFSCME January 1, 2020— December 31, 2022 20
10.6 Reassignment.A laid off employee shall have reassignment (bumping) rights, based on
seniority as defined above,to the most recent, previously held classification in which the
employee held permanent status, provided the employee meets the current bona fide
occupational qualifications (BFOQ' s) for the position, and the employee has held
permanent status in the position within the last five (5) years. Employees must exercise
these rights by notifying Human Resources, in writing, within seven (7) calendar days
after receiving written notification of the layoff. For purposes of this section,BFOQ's shall
mean the skills, knowledge and abilities required to perform successfully the duties of
the affected position.
10.7 Reinstatement List. In the event of layoff, permanent employees shall be placed on a
reinstatement list for the classification from which laid off for up to one (1) year.
Placement on the reinstatement list shall be in order of seniority.
An employee who is about to be laid off may apply promotionally for any vacant position
for which he/she qualifies. An employee who is laid off, or who voluntarily resigns or
retires in good standing, may be reinstated for a period up to 36 months. An employee
who is reinstated into a new position other than his/her last position shall serve an initial
probationary period as specified in Section 9.3
ARTICLE 11: CONDUCT AND DISCIPLINE
11.1 Standards of Conduct. It is expected that all City employees shall render the best
possible service and reflect credit on the City, and therefore high standards of conduct
are essential.
11.2 Improper Employee Conduct. Improper conduct may be cause for disciplinary action
up to and including termination of employment. The term "improper conduct" means
not only any improper action by an employee in the employee's official capacity, but also
conduct by an employee not connected with the employee's official duties that affects
the employee's ability to perform official duties, and any improper use of the position as
an employee for personal advantage. In addition, improper conduct includes, but is not
limited to,the following:
11.2.1 Using, possessing, dealing, distributing, or being under the influence of
intoxicating beverages, alcohol, controlled substances, unlawful drugs, or
prescribed medication which impairs the employee's ability to perform his/her
work; unprescribed medication, narcotics or unlawful drugs while on duty or at
work locations, or reporting to work or operating City vehicles, equipment or
performing his/her duties under the influence of alcohol, controlled
substances,or any unlawful or unprescribed drugs. Notwithstanding the above,
an employee may have in his/her possession a medication for which he/she
holds a valid prescription
11.2.2 Violation of any Federal, State, or local law directly impacting the employee's
fitness for employment.
11.2.3 Unauthorized sleeping while on duty.
11.2.4 Disorderly conduct: fighting,threatening, attempting to inflict bodily injury on
another; engaging in dangerous horseplay.
AFSCME I January 1, 2020— December 31, 2022 21
11.2.5 Failure or refusal to comply with a lawful order or to accept a reasonable and
proper assignment from an authorized supervisor or City management official.
11.2.6 Inefficiency, incompetence, carelessness, or negligence in performance of
duties.
11.2.7 Sexual harassment or other unlawful harassment of another employee or
member of the public.
11.2.8 Chronic or excessive absenteeism, whether excused or unexcused, or
inconsistent attendance.
11.2.9 Rude or discourteous treatment of other employees or the public.
11.2.10 Dishonesty.
11.2.11 Political activity in violation of the law.
11.2.12 Gambling or promotion of gambling on City premises or while on duty.
11.2.13 Endangering the safety or causing injury to any employee including
himself/herself or the public.
11.2.14 Unauthorized disclosure of confidential information as defined by law or by
written directive of the City or respective department.
11.2.15 Using the position for financial gain; using the position to solicit work for private
business or personal acquaintance or solicitation of work for private business
or personal acquaintance while on duty or in uniform.
11.2.16 Failure to perform duties; insubordination.
11.2.17 Inattention to duty, tardiness, carelessness or negligence in the care and
handling of City property.
11.2.18 Loss or misuse of City funds.
11.2.19 Covering up or attempting to conceal defective work, removing or destroying
same without permission.
11.2.20 Improper or unauthorized use of City vehicles or equipment or
misappropriation of supplies.
11.2.21 Damage to public property or waste of public supplies through misconduct or
negligence.
11.2.22 Misuse of sick leave, including using sick leave under false pretenses.
11.2.23 Furnishing false information to secure appointment, or falsification of
timecards or other records and reports.
11.2.24 Absence from duty without authorized leave, failure to report after leave of
absence has expired or after such leave of absence has been disapproved,
revoked, or canceled.
11.2.25 Violation of the provisions of these rules and regulations, departmental rules
and policies, or any written policies that may be prescribed by the City.
11.2.26 Acceptance by an employee of any bribe, gratuity, kickback, or other item of
value when such is given in the hope or expectation of receiving preferential
treatment.
AFSCME I January 1, 2020— December 31, 2022 22
11.2.27 Outside work that creates a conflict of interest with City work or detracts from
the efficiency of the employee in the effective performance of City functions.
11.2.28 Failure to obtain or maintain necessary qualification, certificate, or license,
which is required as a condition of employment.
11.2.29 Possession of an unsafe driving record for those employees required to operate
City vehicles.
11.2.30 Conduct which discredits the City or City personnel.
11.2.31 Or other just cause.
11.3 Disciplinary Action. The purpose of disciplinary action is to correct deficiencies in
employee performance, to seek improvement to meet appropriate standards, and/or to
correct for violation of City policies. The disciplinary process outlined below has been
established to provide general guidelines for a fair method for disciplining employees.
11.3.1 Types of Discipline. Discipline may be initiated for various reasons, including,
but not limited to, violations of City work rules, insubordination or poor job
performance. The severity of the action depends on the nature of the offense
and an employee's record,and may range from verbal counseling to immediate
dismissal.
The normal progressive discipline procedure consists of:
11.3.1.1 Verbal Counseling: An opportunity to communicate in a non-
disciplinary fashion that a problem is perceived and that the
supervisor is available to help solve it. (Not appealable)
11.3.1.2 Verbal Reprimand: To communicate to the employee that a repeat
action may result in more serious disciplinary action. (Not
appealable)
11.3.1.3 Written Reprimand: A written communication to the employee
that the same or related offense has been committed. A copy of
this warning is given to the employee and one copy is filed in the
employee's personnel file. Employee may submit a written
response within ten (10) working days. The employee's response
will be attached to the written reprimand and is not appealable.
11.3.1.4 Suspension: Temporary removal of an employee from his/her
duties without pay for misconduct. Employees may be suspended
on the spot when there is a clear threat to the safety of other
employees or the public. (Managers must notify the Personnel
Director when instituting an on-the-spot suspension as soon as it is
practical.)
11.3.1.5 Demotion: This step involves either the reduction in pay step or
reduction in class.
11.3.1.6 Dismissal: The final step in the disciplinary process.
AFSCME I January 1, 2020—December 31, 2022 23
11.3.2 Order of Discipline. Although one or more of these steps may be taken in
connection with a particular employee, no formal order or system is necessary.
The City reserves the right to deviate from this policy when it feels that
circumstances warrant such a deviation. The City Manager or designee is
vested with the authority to determine the appropriate course of action.
11.3.3 Most Severe Discipline. Further steps in the discipline involving suspension,
demotion or dismissal should not be taken without consulting the department
head and the Personnel Director.
11.3.4 Discipline and Probation. An employee serving any probationary period may
be discharged without application of the disciplinary process and with no rights
of appeal.
11.3.5 Non-Consideration of Outdated Negative Materials. Except for materials
related to sustained appealable disciplinary action, in considering any current
disciplinary action,the supervisor or department head shall not consider or be
influenced by any negative materials in an employee's personnel file if such
materials were prepared prior to the employee's most recent performance
evaluation, unless the materials were made a part of a personnel evaluation
and attached to it. Any materials prepared subsequent to the most recent
personnel evaluation are not affected by this provision.
11.3.6 Suspension, Demotion, Dismissal. Subject to the Hearings and Appeals
Procedures specified in Section 11.4.2 the City may:
11.3.6.1 Impose a suspension without pay upon an employee when, in
his/her judgment, such action will best serve the interests of the
City. Such suspension shall, however, not exceed a period of thirty
(30)working days except that if the suspension is imposed because
of an employee's trial by a court of law,the suspension may extend
to such time as that court has rendered its decision.
Suspension of less than two(2) days is subject to appeal to the City
Manager or City Manager designee mutually agreeable to
employee and City Manager within five (5) working days. The City
Manager or designee will render a decision within thirty (30)
calendar days and said decision shall be final. The employee may
respond in writing within ten (10) working days and have the
response attached to the notice of suspension.
11.3.6.2 Demote a regular employee to a position in a lower class with an
appropriate reduction in pay or a reduction in pay step,for reasons
including, but not limited to, unsatisfactory performance.
11.3.6.3 Dismiss for cause any regular employee.
AFSCME I January 1, 2020— December 31, 2022 24
11.3.6.4 Only discipline involving suspension, demotion, or dismissal is
subject to an appeal.
11.4 Hearings Appeals and Grievances.
11.4.1 Pre-Discipline Meeting Procedures.
11.4.1.1 Prior to undertaking any of the personnel actions set forth in
Section 11,the department head,or designee shall first provide the
employee with a written specification of reasons for the proposed
action and all documents relied on to support the action being
taken. The statement shall either be delivered personally to the
employee or sent by Certified Mail, Return Receipt Requested,and
shall notify the employee of his/her right to request a meeting with
the department head. The employee may, accordingly, request a
meeting to determine if there is cause for the proposed personnel
action. A request for a meeting must be in writing and must be
delivered to the department head on or before five (5) working
days after the employee's receipt of notice of intended action.
11.4.1.2 Upon receipt of the Request for Meeting, the department head
shall notify the employee of the time and place for a meeting to be
held not later than ten (10) working days after receipt of the
request therefore. The employee shall be entitled to be present at
such meeting together with an attorney and/or designed
representative. The meeting is to be conducted by the department
head or designee and shall provide the employee with the
opportunity to refute, explain, or otherwise address the proposed
statement of charges. All decisions of the department head or
designee shall be rendered within ten (10) working days after
conclusion of the meeting,and shall be final unless timely appealed
by the employee as provided in the section entitled, "Appeals
Procedures."
11.4.2 Appeals Procedures.
11.4.2.1 Any regular employee subjected to any disciplinary action set forth
herein (suspension, demotion, or dismissal) may appeal any
decision of the department head or designee by filing a written
Notice of Appeal with the City Manager or designee within five (5)
working days after his/her receipt of the decision. The employee's
appeal shall be heard by an impartial hearing officer selected in a
manner mutually agreeable to the City Manager and the employee;
if no agreement is reached the hearing officer shall be selected
from a list of advisory arbitrators from the California State
Mediation Conciliation Service or from a list agreed to between the
City Manager and the employee.
AFSCME I January 1, 2020—December 31, 2022 25
11.4.2.2 The employee may be represented by his/her Association/Union
representative, any other regular employee of the City; or his/her
attorney.
11.4.2.3 The Hearing Officer shall issue subpoenas to compel the
attendance of witnesses, if such be necessary at the request of
either party.
11.4.2.4 The hearing shall be recorded by a certified shorthand reporter.
Expenses for such recording services shall be borne equally by the
City and the Union, provided, however, that each party shall be
responsible for any specialized or extraordinary services they might
individually request.
11.4.2.5 The expenses for the hearing officer shall be borne equally by the
City and Union, and each party shall be responsible for expenses
they incur.
11.4.2.6 After the close of the hearing the Hearing Officer shall prepare
written findings of fact and conclusions of law based on the
evidence presented at the hearing and shall present his/her
findings to the City Manager and the employee within thirty (30)
calendar days. In rendering a recommendation,the Hearing Officer
shall be limited to the express terms of this document and shall not
have the power to modify, amend, or delete any terms or
provisions of this document. Failure of either party to insist upon
compliance with any provision of this document at any given time
or times under any given set or sets of circumstances shall not
operate to waive or modify such provision, or in any manner
whatsoever to render it unenforceable, as to any other time or
times or as to any other occurrence or occurrences, whether the
circumstances are, or are not,the same.
11.4.2.7 At the hearing, both the appealing employee and the City shall have
the right to be heard and to present evidence.
11.4.2.8 Oral evidence shall be taken only on oath or affirmation.
11.4.2.9 Each party shall have the right to call and examine witnesses, to
introduce exhibits, to cross-examine opposing witnesses on any
matter relevant to the issue even though the matter was not
covered in the direct examination, to impeach any witness
regardless of which party first called him/her to testify, and to
rebut the evidence against him/her. If the respondent does not
testify in his/her own behalf, he/she may be called and examined
as if under cross-examination.
AFSCME I January 1, 2020— December 31, 2022 26
11.4.2.10 The hearing need not be conducted according to technical rules
relating to evidence and witnesses. Any relevant evidence shall be
admitted if it is the sort of evidence on which responsible persons
are accustomed to rely in the conduct of serious affairs, regardless
of the existence of any common law or statutory rules that might
make improper the 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.
11.4.2.11 The City Manager or designee may, if he/she deems appropriate,
review the Hearing Officer's recommendation but shall not be
bound thereby. If the City Manager makes a decision not to follow
the Hearing Officer's recommendation, the City Manager shall
notify the employee in writing of that decision, and the employee
shall have the right to schedule a meeting with the City Manager to
persuade the City Manager to following the Hearing Officer's
recommendations. The employee must submit a written request
to meet with the City Manager within five (5) working days of
receipt of the City Manager's decision. The City Manager shall
render a decision in writing within ten (10) working days of the
meeting or ten (10) working days of the opportunity to meet. The
City Manager's decision shall be final and binding, subject only to
review by the courts under the procedures set forth in Code of Civil
Procedure§1094.5 (writ of mandate).
ARTICLE 12: ATTENDANCE AND LEAVES
12.1 Attendance at Work; Absence without Leave. Employees shall be in attendance at
their work in accordance with the rules regarding hours of work, holidays, and leaves. All
departments shall keep daily attendance records of employees which shall be reported
to the Finance Director in the form and on the dates they shall specify. Failure on the part
of an employee,absent without leave,to return to duty within forty-eight(48)hours after
a due notice to return to work has been delivered shall be cause for immediate dismissal.
A certified letter mailed by U.S. mail to the employee's last known address without regard
to whether delivery is accepted, combined with a letter by ordinary mail, first class
postage prepaid thereon,shall constitute reasonable notice. This requires both methods
of mailing.
12.2 Automatic Resignation. Absence without leave, whether voluntary or involuntary,for
five (5) consecutive working days, is an automatic resignation from City employment, as
of the last date on which the employee worked. Any employee who fails to report for
work within forty-eight (48) hours after delivery of a notice as specified in Section 12.1,
AFSCME I January 1, 2020—December 31, 2022 27
who by the expiration of the forty-eight(48) hours has missed or will have missed five (5)
or more consecutive working days, shall also be deemed to have resigned from City
employment, as of the last date on which the employee worked. Upon a determination
by the department head or Personnel Officer that such an absence has occurred,and that
the employee has resigned, notice of the deemed automatic resignation and of the
employee's right to request reinstatement for good cause must be submitted in writing
within five (5) working days of the city's notice to the employee of said automatic
resignation, which shall be sent by ordinary first class mail, postage prepaid thereon, or
by certified mail,or both,to the employee at his or her last known address. An employee
who has been deemed to have automatically resigned in accordance with the terms of
this Section shall have fifteen (15) days after the date of mailing of such notice within
which to request reinstatement. Any request for reinstatement must be made in writing
and must be received by the City within fifteen (15) days of the date of mailing of the
notice. Request for reinstatement may be made within ninety (90) days after the
effective date of the deemed resignation if the notice specified above was not sent to the
employee in the manner specified in this Section. Reinstatement shall be granted only if
the employee makes a satisfactory explanation to the department head as to the cause
of his or her absence and as to the reason for his or her failure to obtain leave therefore.
Evidence that the employee reasonably believed leave had been granted shall justify
reinstatement. The department head, to order reinstatement, shall find that the
employee is ready, able and willing to resume the discharge of the duties of the
employee's former position or, if not then able to immediately resume such duties, the
department head may consent to a leave of absence to commence upon reinstatement.
An employee so reinstated shall not be paid salary for the period of his or her absence or
separation or any portion thereof. Denial of reinstatement shall be subject to appeal
under the procedures specified in Section 11.4.2. In determining the employee's rights
under all the circumstances, the City Manager or hearing officer shall be guided by
Government Code§19996.2 and case law related thereto, including, Phillips v. California
State Personnel Board (1986) 184 Cal.App. 3d 651, 229 Cal. Rptr. 502,and in such appeal
the City shall have the burden to establish that the absence was in fact unauthorized and
that the department head reasonably believed the employee had abandoned his or her
employment.
12.3 Hours of Work. Daily hours of work(or shifts) for employees within departments shall
be assigned by department heads as required to meet the operational requirements of
said department. Any foreseeable absence or deviation from regularly scheduled
working hours desired by an employee shall be cleared in advance through the
employee's department head, and such absences shall be noted on the employee's time
sheet.
Unless otherwise authorized by the City Manager, the City offices shall be kept open for
regular business on all days of the year except Saturday, Sunday and holidays approved
by Council. Employees for whom necessity requires a different regular work schedule
than that generally applied, shall work according to a work schedule approved by the
employee's department head.
AFSCME I January 1, 2020— December 31, 2022 28
12.4 Work Week. The work week shall consist of forty (40) hours of work within a period of
seven (7) consecutive days beginning at 12:01 a.m. Sunday and ending at Midnight the
following Saturday.
12.4.1 Work Scheduling; Shift Selection
12.4.1.1 Work Schedule — The dispatch work schedule will be based upon a
3/12 or 4/10 plan or as modified due to the operational needs of the
department. The twelve-hour shifts shall be scheduled as 0600 to
1800 (a.m.) and 1800 to 0600 (p.m.), with the provision that the
start/end time for the a.m. shift can fluctuate within two hours and
the start/end time for the p.m. shift can fluctuate within four hours,
depending on operational needs.
12.4.1.2 Longevity Pool—A longevity pool shall be established which shall give
experienced unit members (within their own department, division or
unit as appropriate) on the basis of seniority, priority in shift
selection. In order to be placed in the longevity pool an employee
must have been employed by his/her department in the same
classification for at least three (3)years.
In the Dispatch Department, a Police Dispatcher Trainer or Police
Dispatcher II will be assigned to each shift/watch. A probationary
employee may not serve as Dispatch Trainer. Employees shall meet
the department requirements for Dispatch Trainers.
12.4.1.3 Shift Selection by Seniority— Based on the operational needs of the
Departments,AFSCME agrees to support shift scheduling by seniority
within the longevity pool whereby after two consecutive rotations
the unit members (within their department, division, or unit as
appropriate) by seniority,will select another shift. Following two (2)
consecutive rotations, unit members may, for one additional shift,
elect to enter into a personal trade for shift scheduling. Thereafter,
following three (3) consecutive rotations, unit members who wish to
enter into trades to remain on a particular shift must have the
advanced approval of the unit member's department or division
Supervisor. Unit members who have not been placed in the longevity
pool may not trade shifts. Any shift trade may be rejected for
substantial performance reasons, which shall be communicated in
writing to the affected employee.
The departments will post shift assignments for sign-up sixty (60)
days prior to the shift with assignments to be finalized twenty (20)
days prior to the shift starting. Unit members not selecting shifts
within the sign-up period will have shifts assigned by the unit
member's department or division Supervisor. Shift rotation will be
based on four (4) month tours: January-April, May-August,
September-December or other rotations as assigned.
AFSCME I January 1, 2020— December 31, 2022 29
12.5 Leave of Absence. The City Manager,with the concurrence of the affected department
head, may grant a regular employee a leave of absence for a period not to exceed one
year. No such leave shall be granted except upon written request of the employee setting
forth the reason for the request. Approval shall be in writing.
Upon expiration of an approved leave, the employee shall be reinstated in the position
held at the time leave was granted, subject to the conditions of the leave or as provided
by State and/or Federal laws. Failure on the part of an employee on leave to report
promptly at its expiration shall be cause for dismissal. The depositing in the U.S. mail of
a certified letter, addressed to the employee's last known place of address shall be
reasonable notice of dismissal for failure to return to work. Any employee dismissed
under these provisions may apply for reinstatement within the time specified and under
the procedure specified in Section 12.2.
Such a leave shall generally be without pay, provided that the City Manager shall have
discretion to grant pay for the first fifteen (15) consecutive workdays. Any employee on
an approved leave of absence shall receive no vacation benefits and no sick leave after
fifteen (15) consecutive workdays. City contributions to retirement, health and medical
plans shall be suspended until the employee is reinstated. An employee who is on leave
of absence shall be responsible for reimbursing the City for any payroll deductions that
the employee has authorized. An employee reinstated after a leave of absence shall
receive the same step in the salary range the employee received when the leave of
absence began. Time spent on such leave shall not count towards service for increases
within the salary range or benefit accruals. The employee's merit review date shall be set
forward in time one month for each thirty (30) consecutive calendar days taken. The
employee shall retain accumulated vacation credits, sick leave credits, and other similar
credits; however,such credits or seniority shall not accrue to a person granted such leave
during the period of absence. When an employee is granted a leave of absence without
pay, the City shall discontinue payment of medical, health and other similar insurance
premiums for the employee and dependents. At the time the employee requests a leave
of absence,the employee may pre-pay the insurance premiums by depositing funds with
the Finance Department prior to the expiration of coverage, provided that such a
continuation of coverage is authorized by the City's contract for medical insurance.
12.6 Military Duty. Military leave of absence shall be granted in accordance with the
provisions of State and Federal law and City Resolution No. 2004-91.
12.7 Vacation Leave.
12.7.1 Vacations. All employees shall accrue vacation credits according to the following
schedule:
Hrs./Pay Period Hrs./Year
Less than 2 years employment 3.69 96
2 years to 5 years 4.62 120
6 years to 9 years 5.54 144
10 years to 14 years 6.46 168
15 years or more 8.31 216
AFSCME I January 1, 2020— December 31, 2022 30
12.7.2 Vacation Accumulation. Employees are encouraged to use their accrued vacation
time annually. Earned vacation credits shall be accumulated. Employees may,
however, carry over unused vacation credits to succeeding calendar years.
Except upon written approval by the City Manager,accumulated vacation credits
shall not exceed the employee's two (2) year maximum rate of accrual. Excess
hours are calculated approximately December 1 of each year and paid during
December.
Upon a four(4)week prior written request, one (1)time per calendar year, each
employee may receive pay for up to one-half (1/2) of the employee's annual
accrual rate for unused vacation time; provided, however, that a minimum of at
least once per calendar year, fifty-six (56) hours of vacation leave is taken off of
which forty (40) hours of vacation leave must be taken off consecutively which
guarantees a minimum of one work week off. Such time may be used in
conjunction with holidays. The City Manager may approve exceptions to this
provision based on extenuating circumstances.
12.7.3 Holidays or Illness within Vacation Period. Holidays falling within the vacation
period shall not be considered as part of the employee's vacation and shall not
be charged against vacation credits. Illness during a vacation period shall not be
considered as sick leave, unless confirmed by a physician's statement and
approved by the Personnel Officer.
12.7.4 Vacation Credits When Employment Terminates. Upon termination of
employment, an employee shall be paid for unused vacation credits.
12.7.5 Effect of Absence on Vacation Crediting. Absence due to sick leave or other
approved leaves of absences will not affect computations for vacation credits
unless such absences exceed one (1) month, in which case the time over the
month of said absence shall be excluded from computation and no vacation leave
will accrue.
12.8 Discretionary Time Off. The City Manager may grant discretionary time off to any City
employee in unique situations where actions of the employee are over and above the call
of duty and clearly merit such consideration.
12.9 Compensatory Time. Any employee who is a member of the bargaining unit
represented by AFSCME shall be authorized to accumulate,to the extent allowed by the
Fair Labor Standards Act, up to eighty (80) hours of compensatory time, which shall be
credited at the rate of one and one-half hours of "comp" time for all over-time hours
worked. The accumulation of such hours shall be at the discretion of the employee, who
shall have the right to elect whether to accept compensation or compensatory time off.
If an employee has more than eighty (80) hours of"comp" time on the books, over-time
work shall be paid. Each November, unless requested otherwise in writing by the
employee, all unused "comp" time on the City's records shall be cashed out. Only if the
time is carried over beyond the current pay period, shall time and one-half computation
occur. The Federal Fair Labor Standards Act intends that hours accumulated as
compensatory time off shall actually be used, and shall not be accumulated for later pay.
AFSCME I January 1, 2020—December 31, 2022 31
The City recognizes the vested nature of such accumulated hours. The use of
compensatory time off shall be taken by the employee, if the employee so elects,only at
a time satisfactory to the department head.
12.10 Holidays/Float Hours.
Holidays: All City offices shall be closed for purposes of transacting business on the
following holidays:
1. January 1 (New Year's Day)
2. Third Monday in January(Martin Luther King Jr.)
3. Third Monday in February(President's Day)
4. Last Monday in May(Memorial Day)
5. July 4 (Independence Day)
6. First Monday in September(Labor Day)
7. November 11 (Veterans Day)
8. Fourth Thursday in November(Thanksgiving Day)
9. Friday following Thanksgiving Day(4/10 Floating—5/5 Holiday)
10. December 25 (Christmas day)
Float: In addition, employees shall be credited with floating holiday hours with the first
additional hours credited on January 1, the second credited on July 1, and the third
credited on September 1 to bring the total combined hours of the above holidays and
float hours to 144 per year for all employees.
12.10.1 Holidays on Weekend Days. Holidays falling on Sunday will be observed on the
following Monday. Holidays falling on Saturday shall be observed on the
preceding Friday. For employees working a Monday through Thursday
schedule, holidays falling on Friday or Saturday will not be observed on the prior
open business day (Thursday). Rather, for each one of those holidays, these
employees will accrue floating holiday hours in an equivalent amount. The
Friday after Thanksgiving will be credited as float hours.
12.10.2 Holidays -Time Off or Extra Pay - Generally. Employees not assigned to work
shift schedules shall be allowed time off with pay for one work shift at the
employee's straight time hourly rate for any holiday provided in Memorandum
of Understanding unless required by the department head or City Manager to
work in order to maintain City services. Employees required to work shall be
compensated per Section 12.10.6, as appropriate.
12.10.3 Holiday Compensation for Shift Work Employees. Employees that are assigned
to a shift schedule that does not allow holiday time off shall receive
compensation for the holiday in the following manner:
A. When the holiday falls outside the employee's scheduled shift, the
employee shall receive holiday pay for one (1) full shift or the equivalent
time off. In the event an employee chooses to take the equivalent time off,
such time off shall be administered in the same manner as a floating holiday
under section 12.10.7 of this Agreement.
AFSCME January 1, 2020— December 31, 2022 32
B. When the holiday falls fully or partially within the employee's scheduled
work shift the employee shall receive holiday pay for one full shift plus
time and one-half their regular rate of pay for all hours worked during the
holiday, provided that the employee shall receive no less than four hours
pay, at the rate of time and one half,for the hours worked.
12.10.4 Reasonable Notice on Change of Shift and Requests for Time Off. The
immediate supervisor may change the work schedules for shift work employees
whenever needed for coverage or other department needs. Whenever such a
change is made to an employee's work schedule on a non-emergency basis,the
affected employee shall be provided with reasonable notice of (7) seven
calendar days. In the event the(7)seven days' notice is not given,the employee
shall receive two hours pay at the rate of time and one half their regular salary
rate,or the equivalent time off. For purposes of this paragraph,emergency shall
include circumstances such as increased calls for service or disaster alert, but
shall not include substitution for last minute illness.
All employees shall request vacation or other non-emergency time off at least
14 calendar days in advance. The employee shall be notified of the approval or
disapproval of the time in writing according to the following schedule: requests
received one calendar quarter in advance shall be approved or disapproved
within 7 calendar days; requests received two calendar quarters in advance
shall be approved or disapproved within 14 calendar days; requests received
three calendar quarters in advance shall be approved or disapproved within 14
calendar days; requests received four calendar quarters in advance shall be
approved or disapproved within 30 calendar days. Requests that are not
responded to within these timelines may be resubmitted to the next higher
supervisor for immediate action.
12.10.5 Other Employees. Employees not working shift schedules,who are required to
work and do so on a recognized holiday(other than the"floating" holiday)shall
receive compensation at one and one half(1-1/2)times the employee's hourly
rate for the hours so worked.
12.10.6 Floating Holiday Waiver. Each floating holiday must be taken or cashed out
within a twelve (12) month period after which it accrues, or upon reaching the
cap for 8-hour and 10-hour employees, unless written approval to defer it for a
limited time is granted by the department head.
Any float hours remaining in excess of 20 hours shall be cashed out through
Payroll processing in the second paycheck of June each year.
12.10.7 Jury Duty. An employee summoned to and serving on jury duty shall submit
evidence of the Summons to the department head. The employee may be
absent from duty with pay for time required to be away from the employee's
regularly scheduled work hours. An employee who is released by the court
from jury duty on any regularly scheduled workday shall return to work to
complete any remaining portion of regularly scheduled work hours unless
AFSCME January 1, 2020—December 31, 2022 33
otherwise excused by the department head. The employee shall be entitled to
retain juror fees as reimbursement for expenses associated with jury duty.
Those employees who work shifts slightly off the normal jury duty scheduled
will have their shifts adjusted to match that of jury duty.
A. Fatigue Time: Shift employees will have a maximum of six (6) hours to
rest between Court-documented time of being excused from jury duty
and when they must report to work. If any of those hours include their
regular work schedule,they shall be paid as if they worked that time.
B. Court Overtime: When employees are compelled to attend court outside
of their regular work schedule for reasons related to City business, they
shall be paid at the overtime rate for all hours worked that exceed forty
(40) hours per week as per the Fair Labor Standards Act, except in those
cases where the employee is a plaintiff or petitioner in the lawsuit.
12.10.8 Bereavement Leave. An employee is entitled to a leave of absence on account
of the death of a member of his/her immediate family, not to exceed three (3)
days. No deduction shall be made from the salary of such employee nor shall
such leave be deducted from leave granted by other provisions of this
Agreement.
A. An employee's immediate family shall consist of the employee's
spouse/registered domestic partner, children, the employee's or
spouse's/registered domestic partner's mother, father, brother, sister,
grandparents,grandchildren and legal guardians. (Domestic partnership
as defined by State law.)
B. Employees may use up to three (3) days of sick leave due to the death of
a family member not defined above.
C. Additionally, employees may utilize sick leave or vacation leave if
additional leave is needed due to the death of a family member as
defined under Section a. above.
12.11 Sick Leave. An employee may use accrued sick leave for illness of the employee or
physical incapacity of the employee due to illness or injury, or for physical examinations,
including eyes, dentist appointments or other commonly accepted health related
matters.
All regular full-time employees shall be credited with sick leave at the rate of 3.69 hours
per pay period or major fraction thereof. An employee who is absent because of illness
and seeks to use accrued sick leave may be required to state the reason for the absence
on the approved form. If an absence because of illness or disability extends beyond three
(3)consecutive workdays or the employee has had more than four(4)unverified sick days
in a 12-month period, the employee may be required to submit a physician's written
certification (release to return to work) to the department head before the employee is
eligible to receive sick leave pay.
AFSCME I January 1, 2020— December 31, 2022 34
Observed holidays occurring during sick leave shall not be charged against an employee's
accrued sick leave.
An employee may be required to take physical examinations at periodic intervals while
on sick leave from a physician designated and paid for by the City.
In the event that an employee uses all the sick leave he/she has accrued, he/she then
shall have the vacation days he/she has accrued deducted for each day he/she is absent
due to illness. Vacation days shall continue to be deducted until the employee either
returns to work or all of accrued vacation days are used. The employee may apply to
receive a leave of absence without pay if the employee does not have any accrued
vacation or sick days.
12.11.1 Sick Leave Accrual Limit,Payoff,and Cash-Out for Employees Hired on or Before
June 30, 2014. Any unused portion of accumulated sick leave shall be carried
over into the next calendar year; provided however, that an employee's
accumulated sick leave may not exceed nine hundred sixty (960) hours of
unused sick leave. Further accumulation shall not be allowed. However, to
encourage attendance at work and discourage the frivolous use of excess sick
leave, employees with continuous employment of five (5) years or more shall
receive a payment in cash of 25% of unused sick leave when they resign or
retire. Employees with continuous employment over nine (9) years shall
receive in cash 50% of the unused sick leave when they resign or retire. This
compensation in cash shall be at straight time rate.
Upon four (4) weeks advance notice, one (1) time in any fiscal year, an
employee is entitled upon request to payment for accumulated sick leave in
excess of three hundred eighty (380) hours at the following rate:
Continuous Service Cash-Out Rate
5 years 2 hours to 1 hour
10 years 1 hour to 1 hour
Employees hired on or after November 1, 2020. There shall be no limit on the
number of sick leave hours employees may accrue. Upon separation, with
completion of five (5) years of service with the City, employees may cash out
up to 25% of sick leave hours. Payment shall be at base salary rate. Such
employees, upon retirement from the City, may apply all accrued sick leave
hours to CaIPERS service credit conversion, or may cash out up to 25% of sick
leave hours.
12.11.2 Sick Leave Conversion to Vacation Leave for Employees Hired On or Before June
30, 2014.
A. Employees with at least two (2) years' employment with the City may, at
their option,convert accrued sick leave in excess of one hundred sixty(160)
hours to vacation hours according to the following schedule:
AFSCME I January 1, 2020— December 31, 2022 35
Continuous Employment Sick Leave to Vacation Conversion
2 years 4 hours to 1 hour
5 years 2 hours to 1 hour
10 years 1 hour to 1 hour
B. Employees may convert accrued, unused sick leave hours to PERS service
credit upon retirement from the City
12.11.3 Sick Leave Accrual, Limit and Disposition for Employees Hired between July 1,
2014 and October 31,2020. Employees may accrue unlimited sick leave hours
without the ability to convert or cash out such leave. All accrued, unused sick
leave may be converted to PERS service credit upon retirement from the City.
12.11.4 Effect of Absence on Sick Leave. Absence due to sick leave or other approved
leave of absence will not affect computations of sick leave unless such absence
exceeds one (1) month, in which case said absence shall be excluded from
computation.
12.12 Family Illness Leave. If an employee requests leave to be absent from duty because of
illness in the employee's immediate family, which requires the employee's attendance,
the City Manager may approve use of the employee's accrued sick leave not to exceed
the equivalent of one-half of the employee's annual sick leave accrual amount (i.e., 48
hours) per Labor Code 233. The immediate family is defined as mother, father, brother,
sister, spouse/registered domestic partner, children, grandparents, grandchildren, in-
laws and legal guardians, or any person bearing one of the same relationships to the
employee's spouse or domestic partner as defined in Section 12.10.8 of this agreement.
12.13 Unauthorized Leave. Any employee who is absent from work without approved leave
shall be subject to discipline, or may be deemed to have automatically resigned if the
absence is for five (5)or more consecutive workdays (Section 12.2).
12.14 Catastrophic Leave Donation. Circumstances may arise where an employee or the
employee's immediate family may suffer an unforeseen event, which may have a
catastrophic effect on the employee and/or the employee's family. Under such a
circumstance the employee may request leave donation from fellow employees under
the following procedures:
12.14.1 Employee's Own Personal Extended Illness. An employee who is suffering from
a serious illness or a serious accident may have sick leave and vacation leave
donated to cover the difference between payments received from disability
insurance and the employee's full salary, and to cover the cost of any insurance
plan provided by the City.
12.14.2 Serious Illness or Injury of a Member of the Employee's Immediate Family. An
employee whose immediate family member is suffering from a serious illness
or injury may have leave donated to provide him/her time off from work to care
AFSCME I January 1, 2020—December 31, 2022 36
for that family member. Said donated leave will be used to continue the
employee on payroll until said leave is exhausted.
12.14.3 Leave Donation Eligibility Procedures.
12.14.3.1 The employee seeking leave donation must have exhausted all
available leave, sick leave,vacation leave and compensatory leave.
12.14.3.2 The employee must submit a request for leave donation to the
Personnel Department for review and approval of the City
Manager. The employee will be required to provide medical
documentation for the need of this leave donation.
12.14.4 Leave Donation Procedure.
12.14.4.1 The donation of leave is voluntary and is irrevocable once donated.
12.14.4.2 Employees wishing to donate leave will submit to the Personnel
Department an authorization for transfer of leave form.
12.14.4.3 Employees may donate accrued sick leave in excess of 96 hours
with a maximum donation of eight (8) hours of sick leave.
12.14.4.4 Employee may donate a maximum of eight (8) hours of accrued
vacation leave.
12.14.4.5 The donated leave will be put in to a "Catastrophic Leave" account
and can only be used to continue an employee on payroll who is
caring for a member of the employee's immediate family or to
cover the difference between the payments received from the
disability insurance company and the employee's full salary and to
cover the cost of insurance offered by the City for those persons
suffering from a personal illness for which the leave was donated.
12.14.4.6 Donated leave will be credited to the"Catastrophic Leave"account
on an hour-for-hour basis(i.e., 10 hours donated becomes 10 hours
of sick leave at the receiving employee's rate of pay). In no case
shall the total amount of leave donated exceed eight (8) hours of
sick leave and eight (8) hours vacation leave per donor.
12.14.4.7 Any time remaining in the employees"Catastrophic Leave"account
upon return to work will be transferred to a "Catastrophic Leave
Bank"for use by other employees who qualify under the provisions
of this Article. The Catastrophic Leave Bank" will have a cap of 320
hours. Any remaining leave in excess of 320 hours will be
converted to a cash value and placed in a fund for an employees'
program to be determined at a later date.
AFSCME I January 1, 2020—December 31, 2022 37
12.14.4.8 In no case will an employee be able to convert the donated leave
to cash or be paid for any remaining balance of donated leave.
12.14.4.9 All donations will be maintained as confidential information.
12.14.5 The City and AFSCME agree that AFSCME will receive a quarterly accounting of
the catastrophic leave bank hours.
12.15 Family/Medical Leave. Family-related medical leave shall be granted in accordance
with Federal and State law, and the City of Cathedral City Family Care and Medical Leave
Policy.
ARTICLE 13: GRIEVANCE PROCEDURES
13.1 Matters Subject to Grievance Procedures. A grievance is a complaint by an employee
that the employee has been adversely affected due to a misinterpretation or
misapplication of this Memorandum of Understanding. Any such complaint may be
reviewed in accordance with this Article.
13.2 Informal Grievance Procedure. The employee shall initiate the grievance process by
an informal meeting and discussion with his or her supervisor, unless the grievable issue
is with the direct supervisor at which the grievance will be initiated to the next level. Every
effort shall be made to resolve a grievance through discussion between the employee,
and/or the employee's designated representative, and the employee's immediate
supervisor. If, after such discussion, the employee does not feel that the grievance has
been satisfactorily resolved,the employee shall have the right to discuss the matter with
the supervisor's superior, if any, within the department organization. Otherwise, the
employee shall have the right to discuss the matter with the department head.
13.3 Formal Grievance Procedure. If the employee is not in agreement with the decision
rendered in the informal grievance procedure, an employee shall have the right to
present a formal grievance in writing to the department head within ten (10) regularly
scheduled working days after the occurrence of the incident giving rise to the grievance.
The department head shall meet with the employee and/or the employee's designated
representative within ten (10) working days after the department head's receipt of the
written grievance. The department head shall review the grievance and render a decision
in writing and return it to the employee and/or the employee's designated representative
within five (5)working days after meeting with the employee.
13.4 Appeal to the City Manager. If the employee does not agree with the decision reached
by the department head, the employee may present an appeal in writing to the City
Manager within ten (10) working days after the employee's receipt of the department
head's decision. The appeal shall be signed and delivered to the City Clerk who shall set
a meeting within ten (10) working days with the City Manager and the employee and/or
the employee's representative to discuss the grievance. Within seven (7) working days
the City Manager shall deliver a copy of the decision to the employee and/or the
AFSCME I January 1, 2020— December 31, 2022 38
employee's representative and the department head. The decision of the City Manager
shall be final, and shall not be appealable to the City Council.
13.5 Extension of Time Limitations. All time limitations mentioned in the Grievance
Procedure may be extended by mutual written agreement between the City and the
employee. Any failure by the City to act within the time limits set forth in this Article shall
give the Union the option to advance the grievance to the next level of the grievance
procedure.
ARTICLE 14: EMPLOYEE REPORTS AND RECORDS
14.1 Personnel File. The Personnel Officer shall maintain a personnel file for each employee
of the City. Employees have the right to inspect the contents of their respective personnel
files during a scheduled appointment.
14.2 Disclosure of Information. No information shall be disclosed from the personnel file
of an employee other than the employee's job title, work location, work phone number,
salary verification (with written employee authorization only) and departmental
assignment,to any person other than the City Manager,City Attorney or their designated
representatives. An employee may request or authorize the disclosure of other
information from his or her file by written authorization. Nothing herein shall preclude
the use of any information in an employee's personnel file in any phase of a disciplinary
or probationary action. The City shall not be prevented from releasing other information
under subpoena or under the Public Records Act when a proper request therefore is
submitted, if the City Attorney advises that the requested information must be released.
ARTICLE 15: EDUCATIONAL INCENTIVE
A. Educational Assistance. The City shall adopt procedures under which an employee
may be reimbursed for educational assistance in an amount not to exceed $4,000 in
any one fiscal year with a lifetime total accumulation of such assistance not to exceed
$8,000. Reimbursement shall be based upon the City reimbursing to the employee
80% of the reasonably incurred cost of education, including tuition,fees and books.
Education covered by this provision must be job related and taken at a licensed public
or private school or college, or a recognized training program leading to a job or
professional certification, and shall include both academic and professional
certification programs. Post-graduate programs (Master's degree programs or
higher) are not covered without a determination that the program has a relationship
to the job performed by the employee, or preparation for a promotional opportunity
within the City's employment. Reimbursement shall be made at the conclusion of a
course, upon presentation of evidence of satisfactory completion thereof(grade "C"
or better, certificate of completion,), department head review and approval of the
City Manager.
If an employee voluntary resigns his/her employment with the City or is terminated
for disciplinary reasons within six (6) months after receiving reimbursement under
these provisions, employee shall reimburse the City for all monies paid him/her for
AFSCME I January 1, 2020—December 31, 2022 39
educational reimbursement received dating back six (6) months from his/her
termination date.
B. Degree Incentive. The City will offer a degree incentive for employees. Employees
who successfully complete a bachelor's degree shall receive a $110/month stipend.
To be eligible for this stipend, the degree must be job related and approved by the
City Manager or the City Manager's designee.
ARTICLE 16: FRINGE BENEFITS
16.1 Enrollment in Group Insurance Plans. City agrees to continue to enroll with and
subscribe to the Public Employees' Retirement Health Care Plan pursuant to the Public
Employees' Hospital and Medical Care Act (PEHMCA), Government Code Sections 22751
et seq., for the provision of health insurance for members of the unit. The health
insurance benefit provided through PEMHCA shall be part of the cafeteria plan in
accordance with IRS Code Section 125.
Basic City Contribution. For all bargaining unit employees and retirees, the City pays the
PEMHCA statutory minimum as determined by CaIPERS under Government code Section
22892.
Supplemental City Contribution. In addition to the basic City contribution, the City shall
contribute a supplemental amount toward group insurance plan premiums to active
employees and certain retirees as described below.
The City shall offer a cafeteria plan for health, dental, vision and short-term disability.
Employees may choose a medical plan less expensive than the maximum City contribution
and may use the remaining balance to pay for dental, vision and/or short-term disability
insurance. Employees selecting plans and coverage levels with premiums that exceed the
City's maximum contribution are responsible for paying the difference through automatic
bi-weekly payroll deduction. Any amount remaining stays with the City.
Effective November 1, 2020, the City's maximum contribution toward group insurance
plans, inclusive of the CaIPERS statutory minimum for health insurance shall be:
Category Maximum City Contribution
Unit Member Only $931.12
Unit Member+1 $1805.26
Family $2346.84
Flat Dollar Amount effective January 1, 2021
Category Maximum City Contribution
Unit Member Only $968.36
Unit Member+1 $1,877.37
Family $2,440.71
AFSCME I January 1, 2020—December 31, 2022 40 g e
Flat Dollar Amount effective January 1, 2022
Category Maximum City Contribution
Unit Member Only $1,007.09
Unit Member+1 $1,952.56
Family $2,538.33
Unit members who elect to purchase health insurance independent of the Plan, may
withdraw from or decline to participate in the Plan by executing, in writing,an election to
withdraw from, a declination to participate in, and/or a waiver of benefits (as
appropriate) on such form as may be required by City. For medical coverage, if an
employee elects to opt out of coverage offered by the City, they must provide proof of
"minimum essential coverage" (as defined by the Affordable Care Act) through another
source (other than coverage in the individual market, whether or not obtained through
Covered California). Unit members who elect not to participate in the Plan will be
reimbursed the sum of$250.00 per month as an in-lieu payment.
Should such other coverage subsequently be unavailable to the employee,the employee
shall have the right to seek reinstatement to coverage under the City's policy upon written
request. In such case, the City shall reinstate the employee's coverage and cancel the in-
lieu payment if reinstatement is permitted under the provisions for reinstatement then
in effect with the City's health insurance provider.
16.1.4 Group Health Plan Continuation upon Retirement. An employee retiring from
the City, who takes a qualified retirement under the Public Employees
Retirement System (PERS), may continue their PERS health insurance benefit
enrollment upon retirement, provided the employee's effective date of
retirement is within 120 days of separation. For those retirees, except as may
be provided below, the City will only contribute the mandatory statutory
minimum monthly premium employer contribution (i.e., the statutory
minimum) as may be required by CaIPERS for the particular calendar year.
All retirees will be required to comply with any of the requirements of CaIPERS
as provided by PEMHCA. This may include, but not limited to, enrolling in
Medicare when age appropriate and becoming eligible to receive Medicare.
The City will not pay for the cost of Medicare enrollment as it will continue to
pay the CaIPERS statutory minimum for all retired annuitants.
A. Employees hired prior to November 25, 2012:All such retired employees covered by
these Regulations shall be eligible for a supplemental City-paid contribution
equivalent to the current amount provided to active employees —to include dental
and vision.
In the event of the employee's death,the City's obligation to continue making dental
and vision contributions will end. The surviving spouse/domestic partner may remain
on the dental and vision plans as a retiree at their own expense, without a City
contribution to the premium.
AFSCME I January 1, 2020— December 31, 2022 41
B. Employees Hired between November 25, 2012 and October 31, 2020: After five (5)
years of service with the City, the percentage of employer contribution payable for
retirement health benefits only (no dental or vision contribution) shall be consistent
with the following table:
Credit Years of Percentage of
CaIPERS Service Employer Contribution
5-10 PEMHCA Minimum
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 or more 100%
Retiring employees may, at their own expense, continue in the City's dental and
vision insurance program. The retiree shall bear the full cost.
C. Effective November 1,2020: For all employees hired by the City on or after November
1, 2020 there will be no supplemental City contribution for retiree health benefits.
The City shall contribute only the CaIPERS statutory minimum.The City will,for these
employees, make a $150.00 per month contribution to an employee Health
Reimbursement Arrangement (HRA) and associated fixed dollar cost of
administration.
This contribution is for active employees only and shall cease when the employee
leaves City employment.
16.2 Public Employees Retirement System. All general unit employees of the City are
automatically covered by the City's contract with the Public Employees Retirement
System. Membership shall commence immediately upon employment.
A. Tier One Employees: The City provides the 2% @ 55 retirement benefit formula with
single highest year compensation consideration for all unit members hired prior to
November 25, 2012.
1. Commencing July 8,2012 members shall contribute 3.5% Employer Paid Member
Contribution (EPMC).
2. Commencing January 6, 2013 members shall contribute an additional 3.5% EPMC
at which time there shall no longer be EPMC. Rather,employees shall make their
full member contribution thereafter.
AFSCME I January 1, 2020— December 31, 2022 42
3. Employees who are Classic members of CaIPERS shall participate in a cost sharing
arrangement in which the City pays the 7%-member contribution (Employer Paid
Member Contribution) and reports this contribution to CaIPERS as compensation
earned. In addition,each employee in said group agrees to pay 9%of his/her pre-
tax wages as cost sharing.
B. Tier Two/Classic Employees: Except as set forth in paragraph (c) below, the City
provides the 2% @ 60 retirement benefit formula with three-year average
compensation consideration for all unit members hired on or after November 25,
2012.
1. For all employees hired on or after November 25, 2012 who are Classic Members
under PEPRA,there shall no longer be EPMC. Rather,employees shall make their
full member contribution, plus any other provisions implemented for Tier One
employees.
C. New PERS Members: Any employee who is a "new member" as defined in
Government Code Section 7522.04(f) will be placed in the defined benefit plan
required by Government Code Section 7522.15.
16.3 Uniform and Equipment Allowances. Allowances or reimbursements relative to
laundry,cleaning, maintenance and repair of uniforms and equipment shall be as follows:
16.3.1 Police Department. For non-sworn personnel who are required to wear a uniform
on a daily basis, the City shall provide a standard $75.00 per month uniform
allowance. If a uniform is required for other personnel, but not on a daily basis,
the City shall reimburse any employee so required to wear a uniform on occasion
at the rate of$30.00 per month.
16.3.2 Public Works/Facilities. For any employee of the public works division and
facilities who is required to wear a uniform,the City shall provide eleven uniform
sets at no cost to the employee and shall provide regular cleaning and repair
service for such uniforms.
16.3.3 Code compliance and Fire personnel who are required to wear a uniform on a
daily basis will be given $100.00 per month as a uniform and said uniform
allowance is for the purchase, laundry, cleaning, maintenance and repair of
uniforms and equipment.
16.4 Deferred Compensation. All employees covered by this Agreement shall be eligible to
participate in the City's deferred compensation program, upon request. The City will
match $46.16 per pay period.
16.5 Short Term and Long-Term Disability. All employees covered by this Agreement shall
be included in the City's long-term disability program providing partial coverage for
disabling injuries and illnesses non-industrial in nature (not covered by workers'
AFSCME I January 1, 2020—December 31, 2022 43
compensation). Effective January 1, 2013 employees may elect to purchase short term
disability insurance offered by the City as a payroll deduction.
16.6 Wellness Program. Employees covered by this Agreement shall be permitted to
participate in a Wellness Program intended to reduce job-related stress and improve
general physical and mental health. The Wellness Program shall consist of, but not be
limited to, a life-style evaluation and a personal diet and exercise program. The exercise
program shall be structured to allow the employee to choose the type of activity, and to
provide the City participation in the cost of the program on a 75/25 basis(75%for the City
and 25% for the employee), but the City's participation shall not exceed $600 per
calendar year.The increase noted in this subsection is effective beginning January 1,2021.
Between July 1, 2020 and December 31, 2020, employees shall only be entitled to a City
participation of$200.
ARTICLE 17: AGREEMENT ALL INCLUSIVE
The parties hereto acknowledge that they have engaged in extended negotiations of any and all
issues either party has desired to have included in this Memorandum of Understanding. The
parties recognize that, in the give and take of bargaining, some items sought by the employer
have not been agreed upon,and some items sought by AFSCME have not been agreed upon. This
Agreement constitutes a compromise upon which each party agrees. The parties agree that this
Memorandum of Understanding is all-inclusive and that no other agreements, undertakings or
understandings have been made outside of the specific terms of this Agreement relating to wages,
hours or terms or conditions of employment of the employees covered by this Agreement, with
the exception of duly negotiated and mutually agreed upon Letter(s) of Agreement. This
Memorandum of Understanding may be reopened at any time upon mutual consent of both
parties. All of the agreements of the parties are evidenced herein. The absence of reference to
any topic shall be deemed as proof that no agreement was reached thereon, and any claim based
thereon shall be null and void and of no effect. Each party has had every opportunity during the
course of these negotiations to bring up any new or additional topics it desired to have considered
as part of this Agreement, and, for the duration of this Agreement, no additional topics shall be
added thereto,except upon specific mutual agreement of the parties evidenced in writing.
Pursuant to Government Code §3505.1, this MOU has been jointly prepared by the
representatives of the City of Cathedral City and of AFSCME who agree that it shall be presented
to the City Council of the City of Cathedral City for its consideration. We recognize that this MOU
is not binding unless and until it has been approved by the City Council of the City of Cathedral
City. Execution by the AFSCME representative evidences the General Employee Unit's ratification
of the Agreement.
AFSCME I January 1, 2020—December 31, 2022 44 I a g e
APPROVED BY THE CITY COUNCIL
Executed this 01411 day of 6e. C,o1bw , 2020.
ATTEST:
I/
ALA-44C PAIL..&- -.114%4_ .
Tracey Ma l4inez 9
City Clerk
AMERICAN FEDERATION OF STATE,
CITY OF CATHEDRAL CITY COUNTY AND MUNICIPAL EMPLOYEES
mir0/ i
LL4411k. i f
Charles P. McClendon
4 /'
yne Palica.
City Manager AFSCME Representative
OP i
Euge is Torres Sandy Ramse -Woods, Present
Human Resources Manager AFSCME Local 3961 •
L. .14,-. 61A Allir: a.
An arie Quintanilla Y‘rid C.staneda-Anes,Secretary
Human Resources Specialist AFS• • E Local 39.
'-V
'ck Duncan,Trustee
AFSCM •. ,I .'01
e
Glenn Warnica, EBoard Member
AFSCME Local 3961
AFSCME I January 1, 2020—December 31, 2022 45 I P a g e